Datasets:

santoshtyss

/

billsum

like 2

SECTION 1. BONNEVILLE LOCK AND DAM, COLUMBIA RIVER, OREGON AND WASHINGTON. (a) Project Modification.-- (1) In general.--The project for Bonneville Lock and Dam, Columbia River, Oregon and Washington, authorized by the Act of August 20, 1937 (50 Stat. 731), and modified by section 83 of the Water Resources Development Act of 1974 (88 Stat. 35), is further modified to authorize the Secretary of the Army (hereinafter in this section referred to as the ``Secretary'') to convey to the city of North Bonneville, Washington, at no further cost to the city, all right, title, and interest of the United States in and to the following: (A) Any municipal facilities, utilities fixtures, and equipment for the relocated city, and any remaining lands designated as open spaces or municipal lots not previously conveyed to the city, specifically, Lots M1 through M15, M16 (the ``community center lot''), M18, M19, M22, M24, S42 through S45, and S52 through S60. (B) The ``school lot'' described as Lot 2, block 5, on the plat of relocated North Bonneville. (C) Parcels 2 and C, but only upon the completion of any environmental response actions required under applicable law. (D) That portion of Parcel B lying south of the existing city boundary, west of the sewage treatment plant, and north of the drainage ditch that is located adjacent to the northerly limit of the Hamilton Island landfill, provided the Secretary determines, at the time of the proposed conveyance, that the Department of the Army has taken all action necessary to protect human health and the environment. (E) Such portions of Parcel H which can be conveyed without a requirement for further investigation, inventory, or other action by the Department of the Army under the provisions of the National Historic Preservation Act. (F) Such easements as the Secretary deems necessary for-- (i) sewer and water line crossings of relocated Washington State Highway 14; and (ii) reasonable public access to the Columbia River across those portions of Hamilton Island that remain under the ownership of the United States. (2) Time period for conveyances.--The conveyances referred to in paragraphs (1)(A), (1)(B), (1)(E), and (1)(F)(i) shall be completed within 180 days after the United States receives the release referred to in paragraph (4). All other conveyances shall be completed expeditiously, subject to any conditions specified in the applicable subsection. (3) Purpose.--The purpose of the conveyances authorized by paragraph (1) is to resolve all outstanding issues between the United States and the city of North Bonneville. (4) Acknowledgment of payment; release of claims relating to relocation of city.--As a prerequisite to such conveyances, the city of North Bonneville shall execute an acknowledgment of payment of just compensation and shall execute a release of any and all claims for relief of any kind against the United States growing out of the relocation of the city of North Bonneville, or any prior Federal legislation relating thereto, and shall dismiss, with prejudice, any pending litigation, if any, involving such matters. (5) Release by attorney general.--Upon receipt of the city's acknowledgment and release referred to in paragraph (4), the Attorney General of the United States shall dismiss any pending litigation, if any, arising out of the relocation of the city of North Bonneville, and execute a release of any and all rights to damages of any kind under the February 20, 1987, judgment of the United States Claims Court, including any interest thereon. (6) Acknowledgment of entitlements; release by city of claims under this subsection.--Within 60 days after the conveyances authorized by paragraph (1) (other than subparagraph (F)(ii)) have been completed, the city shall execute an acknowledgment that all entitlements under such paragraph have been completed and shall execute a release of any and all claims for relief of any kind against the United States arising out of this subsection. (7) Effects on city.--Beginning on the date of the enactment of this Act, the city of North Bonneville, or any successor in interest thereto, shall-- (A) be precluded from exercising any jurisdiction over any lands owned in whole or in part by the United States and administered by the United States Army Corps of Engineers in connection with the Bonneville project; and (B) be authorized to change the zoning designations of, sell, or resell Parcels S35 and S56, which are presently designated as open spaces. (b) Repeal.--Section 9147 of the Department of Defense Appropriations Act, 1993 (106 Stat. 1940-1941) is repealed.

Modifies the project for the Bonneville Lock and Dam, Columbia River, Oregon and Washington, to authorize the Secretary of the Army to convey to the relocated city of North Bonneville, Washington, specified real property and easements in the area of such relocated city. Requires as a condition of such conveyance that the city execute a release of claims for relief against the United States growing out of the relocation. Requires the dismissal of any pending litigation related to the relocation. Repeals provisions of the Department of Defense Appropriations Act, 1993 requiring the Secretary to take specified action to relocate such city.

To modify the project for Bonneville Lock and Dam Columbia River, Oregon and Washington.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Device Tax Elimination Act''. SEC. 2. REPEAL OF MEDICAL DEVICE EXCISE TAX. (a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is amended by striking subchapter E. (b) Conforming Amendments.-- (1) Section 4221(a) of such Code is amended by striking the last sentence. (2) Section 6416(b)(2) of such Code is amended by striking the last sentence. (c) Clerical Amendment.--The table of subchapters for chapter 32 of such Code is amended by striking the item relating to subchapter E. (d) Effective Date.--The amendments made by this section shall apply to sales after the date of the enactment of this Act. SEC. 3. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL, NATURAL GAS, OR PRIMARY PRODUCTS THEREOF. (a) Denial of Deduction.--Section 199(c)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Special rule for certain oil and gas income.--In the case of any taxpayer who is a major integrated oil company (as defined in section 167(h)(5)(B)) for the taxable year, the term `domestic production gross receipts' shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 4. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR INTEGRATED OIL COMPANIES. (a) In General.--Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Major Integrated Oil Companies.--Notwithstanding any other provision of this section, a major integrated oil company (as defined in section 167(h)(5)(B)) may not use the method provided in subsection (b) in inventorying of any goods.''. (b) Effective Date and Special Rule.-- (1) In general.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2014. (2) Change in method of accounting.--In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year beginning after December 31, 2014-- (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year. SEC. 5. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Special Rules Relating to Major Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (as defined in section 167(h)(5)(B)) to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after December 31, 2014. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States.

Medical Device Tax Elimination Act This bill amends the Internal Revenue Code to repeal the excise tax on medical devices and offsets the cost of such repeal by: (1) eliminating the tax deduction for income attributable to oil, natural gas, or primary products thereof for major integrated oil companies (companies that have an average daily worldwide annual production of crude oil of at least 500,000 barrels and annual gross receipts in excess of $1 billion); (2) prohibiting the use of the last-in, first-out (LIFO) accounting method by major integrated oil companies; and (3) denying the foreign tax credit to major integrated oil companies that are dual taxpayers (companies that receive an economic benefit from a foreign country or a possession of the United States that does not impose a generally applicable income tax).

Medical Device Tax Elimination Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reading First Improvement Act''. SEC. 2. PROGRESS REPORT. Section 1202(e)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6362(e)(5)) is amended by striking ``peer review panel'' and inserting ``Committee''. SEC. 3. PEER REVIEW. Section 1203(c)(2) of that Act (20 U.S.C. 6363(c)(2)) is amended-- (1) in subparagraph (A)-- (A) in the first sentence, by striking ``a panel'' and inserting ``a Reading First Advisory Committee''; and (B) in the second sentence, by striking ``panel'' and inserting ``Committee''; (2) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (3) by inserting after subparagraph (A) the following: ``(B) Limitation.--The Committee shall not be comprised of a majority of members selected by one individual or entity described in subparagraph (A).''; (4) in subparagraph (C) (as redesignated by paragraph (2)) by striking ``panel'' and inserting ``Committee''; (5) in subparagraph (D) (as redesignated by paragraph (2)) by striking ``panel'' and inserting ``Committee''; and (6) by adding at the end the following: ``(E) Subcommittees.-- ``(i) In general.--At its sole discretion, the Committee may form one or more subcommittees to assist the Committee with the functions described in this paragraph. ``(ii) Representation.--If the Committee chooses to form such subcommittees, each subcommittee shall include at least one member selected by each individual or entity described in subparagraph (A), and in no case shall be comprised of a majority of members selected by one such entity. Members of the Committee may serve on one or more subcommittees. ``(iii) Committee review.--The Committee shall review the recommendations of each subcommittee, and, following such review, make a final recommendation to the Secretary in accordance with subparagraph (D). ``(F) Governance.--The Federal Advisory Committee Act (5 U.S.C. App.) shall govern the activities of the Committee. ``(G) Conflicts of interest.-- ``(i) In general.--The Secretary shall establish a process through which members of the Committee or any subcommittees will be screened for potential conflicts of interest. ``(ii) Screening.--Such screening process shall-- ``(I) be reviewed and approved by the Office of General Counsel of the Department; ``(II) include, at a minimum, a review of each potential Committee or subcommittee member's connection to any State's program under this subpart, each potential Committee or subcommittee member's potential financial interest in products that might be purchased by a State educational agency or local educational agency in the course of such agency's implementation of the program under this subpart, and each potential Committee or subcommittee member's professional connections to teaching methodologies that might require the use of specific products; and ``(III) be designed to prevent, to the extent possible, bias or the appearance thereof in the Committee's performance of its responsibilities under this paragraph. ``(H) Guidance.-- ``(i) In general.--The Secretary shall develop guidance for how the Committee and any subcommittees created in accordance with subparagraph (E) will review applications submitted under this section and provide feedback to State educational agencies and recommendations to the Secretary. The Secretary shall also develop guidance for how the Secretary will review the recommendations of the Committee and any subcommittees and make final determinations of approval or disapproval of an application submitted under this section. ``(ii) Requirements.--Such guidance shall, at a minimum-- ``(I) create a transparent process through which the Committee and subcommittees provide clear, consistent, and publicly available documentation in support of all recommendations; ``(II) ensure that the Committee reviews any subcommittee feedback prior to that feedback being submitted to a State educational agency; ``(III) ensure that State educational agencies have the opportunity for direct interaction with the Committee and any subcommittee, as appropriate, when revising an application under this section as a result of feedback submitted by the Committee or a subcommittee; ``(IV) require that the Committee, any subcommittee, and the Secretary clearly and consistently document that all criteria contained in subsection (b) are met before an application submitted under this section is approved; and ``(V) create a transparent process through which the Secretary clearly, consistently, and publicly documents decisions to approve or disapprove an application submitted under this section and the reasons for such decisions.''. SEC. 4. TARGETED ASSISTANCE GRANTS. Section 1204(c)(2) of such Act (20 U.S.C. 6364(c)(2)) is amended-- (1) in the first sentence, by striking ``peer review panel'' and inserting ``Committee''; and (2) in the second sentence, by striking ``panel'' and inserting ``Committee''. SEC. 5. EXTERNAL EVALUATION. Section 1205 of such Act (20 U.S.C. 6365) is amended by adding at the end the following: ``(e) Limitation.-- ``(1) In general.--The Secretary shall ensure that the independent organization described in subsection (a) does not hold a contract or subcontract to implement any aspect of the program under this subpart. ``(2) Subcontractors.--The contract entered into under subsection (a) shall prohibit the independent organization conducting the evaluation from subcontracting with any entity that holds a contract or subcontract for any aspect of the implementation of this subpart.''. SEC. 6. NATIONAL ACTIVITIES. Section 1206 of that Act (20 U.S.C. 6366) is amended-- (1) by inserting before ``From funds'' the following: ``(a) Technical Assistance and Evaluation.--''; and (2) by adding at the end the following: ``(b) Contracts for Technical Assistance.-- ``(1) In general.--The Secretary may enter into contracts with independent entities to perform the activities described in subsection (a)(1). ``(2) Conflicts of interest.-- ``(A) In general.--If the Secretary enters into such contracts, the Secretary shall-- ``(i) ensure that such contracts require the contracted entity to screen for conflicts of interest when hiring individuals to carry out the responsibilities under the contract; ``(ii) ensure that such contracts require the contracted entity to include the requirement in clause (i) in any subcontracts such entity enters into to fulfill the responsibilities described in paragraph (1). ``(B) Screening process.--The screening process described in subparagraph (A) shall-- ``(i) include, at a minimum, a review of each individual performing duties under the contract or subcontract for connections to any State's program under this subpart, potential financial interests in, or other connection to, products that might be purchased by a State educational agency or local educational agency in the course of such agency's implementation of the program under this subpart, and connections to teaching methodologies that might require the use of specific products; and ``(ii) be designed to prevent, to the extent possible, bias or the appearance thereof in the performance of the responsibilities outlined in the contract or subcontract. ``(3) Information dissemination.--If the Secretary enters into such contracts, and if a contracted entity enters into such subcontracts, those contracts and subcontracts shall require the technical assistance providers to clearly separate technical assistance provided under such contract or subcontract from information provided, or activities engaged in, as part of the normal operations of the contractor or subcontractor. Efforts to comply with this paragraph may include, but are not limited to, the creation of separate web pages for the purpose of fulfilling a contract or subcontract entered into under this subsection.''. SEC. 7. PROHIBITION ON FEDERAL GOVERNMENT. Subpart 1 of part B of title I of that Act is amended by adding after section 1208 (20 U.S.C. 6368) the following: ``SEC. 1209. PROHIBITION ON FEDERAL GOVERNMENT. ``(a) In General.--Nothing in this subpart shall be construed to alter or lessen the prohibition contained in section 9527(b) of this Act or section 103(b) of the Department of Education Organization Act (20 U.S.C. 3403(b)). ``(b) Guidance.-- ``(1) In general.--The Secretary shall develop guidance for Department employees responsible for the implementation of this subpart that will assist those employees in complying with the prohibitions included in subsection (a). ``(2) Consultation.--Such guidance shall emphasize the importance of consultation with the Office of General Counsel of the Department on issues related to such prohibitions. ``(3) Technical assistance.--Such guidance shall stress that any information disseminated, or technical assistance provided, related to this subpart, shall represent multiple perspectives and not in any way endorse or appear to endorse any particular product or service that might be purchased by a State educational agency or local educational agency in the course of such agency's implementation of the program under this subpart.''.

Reading First Improvement Act - Amends the Elementary and Secondary Education Act of 1965 to provide for the creation of a Reading First Advisory Committee, governed by the Federal Advisory Committee Act, to replace the peer review panel that reviews state grant applications under the Reading First program, designed to improve the reading skills of children in kindergarten through grade three. Prohibits the Committee from being composed of a majority of members selected by one individual or entity. Allows the Committee to form one or more subcommittees. Directs the Secretary of Education to: (1) establish a process to screen Committee or subcommittee members for potential conflicts of interest; and (2) develop guidance for how the Committee and any subcommittees will review applications, and provide feedback to states and the Secretary. Directs the Secretary to ensure that the independent organization tasked with evaluating the Reading First program does not hold a contract or subcontract to implement any aspect of the program and does not subcontract with an entity that has such a conflict. Authorizes the Secretary to contract with independent entities for the provision of Reading First technical assistance to states, local educational agencies, and schools; but requires such entities and their subcontractors to screen potential employees for conflicts of interest and clearly separate their provision of such technical assistance from their other activities. Directs the Secretary to provide guidance to Department of Education employees implementing the program on compliance with the prohibition against federal government usurpation of state or local control over school administration.

To amend the Elementary and Secondary Education Act of 1965 to improve the Reading First program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Palace of the Governors Annex Act''. SEC. 2. CONSTRUCTION OF PALACE OF THE GOVERNORS ANNEX, SANTA FE, NEW MEXICO. (a) Findings.--Congress finds that-- (1) the United States has a rich legacy of Hispanic influence in politics, government, economic development, and cultural expression; (2) the Palace of the Governors-- (A) has been the center of administrative and cultural activity over a vast region of the Southwest since its construction as New Mexico's second capitol in Santa Fe by Governor Pedro de Peralta in 1610; (B) is the oldest continuously occupied public building in the continental United States, having been occupied for 390 years; and (C) has been designated as a National Historic Landmark; (3) since its creation, the Museum of New Mexico has worked to protect and promote Southwestern, Hispanic, and Native American arts and crafts; (4) the Palace of the Governors houses the history division of the Museum of New Mexico; (5) the Museum has an extensive, priceless, and irreplaceable collection of-- (A) Spanish Colonial paintings (including the Segesser Hide Paintings, paintings on buffalo hide dating back to 1706); (B) pre-Columbian Art; and (C) historic artifacts, including-- (i) helmets and armor worn by the Don Juan de Onate expedition conquistadors who established the first capital in the territory that is now the United States, San Juan de los Caballeros, in July 1598; (ii) the Vara Stick used to measure land grants and other real property boundaries in Dona Ana County, New Mexico; (iii) the Columbus, New Mexico Railway Station clock that was shot, stopping the pendulum, freezing for all history the moment when Pancho Villa's raid began; (iv) the field desk of Brigadier General Stephen Watts Kearny, who was posted to New Mexico during the Mexican War and whose Army of the West traveled the Santa Fe trail to occupy the territories of New Mexico and California; and (v) more than 800,000 other historic photographs, guns, costumes, maps, books, and handicrafts; (6) the Palace of the Governors and its contents are included in the Mary C. Skaggs Centennial Collection of America's Treasures; (7) the Palace of the Governors and the Segesser Hide paintings have been declared national treasures by the National Trust for Historic Preservation; and (8) time is of the essence in the construction of an annex to the Palace of the Governors for the exhibition and storing of the collection described in paragraph (5), because-- (A) the existing facilities for exhibiting and storing the collection are so inadequate and unsuitable that existence of the collection is endangered and its preservation is in jeopardy; and (B) 2010 marks the 400th anniversary of the continuous occupation and use of the Palace of the Governors and is an appropriate date for ensuring the continued viability of the collection. (b) Definitions.--In this section: (1) Annex.--The term ``Annex'' means the annex for the Palace of the Governors of the Museum of New Mexico, to be constructed behind the Palace of the Governors building at 110 Lincoln Avenue, Santa Fe, New Mexico. (2) Office.--The term ``Office'' means the State Office of Cultural Affairs. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of New Mexico. (c) Grant.-- (1) In general.--Subject to the availability of appropriations, the Secretary shall make a grant to the Office to pay 50 percent of the costs of the final design, construction, management, inspection, furnishing, and equipping of the Annex. (2) Requirements.--Subject to the availability of appropriations, to receive a grant under this paragraph (1), the Office shall-- (A) submit to the Secretary a copy of the architectural blueprints for the Annex; and (B) enter into a memorandum of understanding with the Secretary under subsection (d). (d) Memorandum of Understanding.--At the request of the Office, the Secretary shall enter into a memorandum of understanding with the Office that-- (1) requires that the Office award the contract for construction of the Annex after a competitive bidding process and in accordance with the New Mexico Procurement Code; and (2) specifies a date for completion of the Annex. (e) Non-federal share.--The non-Federal share of the costs of the final design, construction, management, inspection, furnishing, and equipping of the Annex-- (1) may be in cash or in kind fairly evaluated, including land, art and artifact collections, plant, equipment, or services; and (2) shall include any contribution received by the State (including contributions from the New Mexico Foundation and other endowment funds) for, and any expenditure made by the State for, the Palace of the Governors or the Annex, including-- (A) design; (B) land acquisition (including the land at 110 Lincoln Avenue, Santa Fe, New Mexico); (C) acquisitions for and renovation of the library; (D) conservation of the Palace of the Governors; (E) construction, management, inspection, furnishing, and equipping of the Annex; and (F) donations of art collections and artifacts to the Museum of New Mexico on or after the date of enactment of this Act. (f) Use of Funds.--The funds received under a grant awarded under subsection (c) shall be used only for the final design, construction, management, inspection, furnishing and equipment of the Annex. (g) Authorization of Appropriations.-- (1) In general.--Subject to paragraph (2), subject to the availability of appropriations, there is authorized to be appropriated to the Secretary to carry out this section $15,000,000, to remain available until expended. (2) Condition.--Paragraph (1) authorizes sums to be appropriated on the condition that-- (A) after the date of enactment of this Act and before January 1, 2010, the State appropriate at least $8,000,000 to pay the costs of the final design, construction, management, inspection, furnishing, and equipping of the Annex; and (B) other non-Federal sources provide sufficient funds to pay the remainder of the 50 percent non- Federal share of those costs. Passed the Senate April 13, 2000. Attest: GARY SISCO, Secretary.

Authorizes appropriations. Conditions appropriations on: (1) the State appropriating at least $8 million to pay costs described by this Act before January 1, 2010; and (2) other non-Federal sources providing funds sufficient to pay the remaining 50 percent non-Federal share of such costs.

Palace of the Governors Annex Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial District of the Virgin Islands Act of 2005''. SEC. 2. ESTABLISHMENT OF DISTRICT COURT OF THE VIRGIN ISLANDS AS AN ARTICLE III COURT. (a) Establishment.-- (1) In general.--Chapter 5 of title 28, United States Code, is amended by inserting after section 126 the following new section: ``Sec. 126A. Virgin Islands ``The Virgin Islands constitutes one judicial district comprising two divisions. ``(1) The Saint Croix Division comprises the Island of Saint Croix and adjacent islands and cays. `` Court for the Saint Croix Division shall be held at Christiansted. ``(2) The Saint Thomas and Saint John Division comprises the Islands of Saint Thomas and Saint John and adjacent islands and cays. `` Court for the Saint Thomas and Saint John Division shall be held at Charlotte-Amalie.''. (2) Conforming amendment.--The table of contents for chapter 5 of title 28, United States Code, is amended by inserting after the item relating to section 126 the following: ``126A. Virgin Islands.''. (3) Number of judges.--The table contained in section 133(a) of title 28, United States Code, is amended by inserting after the item relating to Vermont the following: ``Virgin Islands............................................... 2''. (b) Revised Organic Act of the Virgin Islands.-- (1) Repeals.--Sections 25, 26, and 27 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1615, 1616, and 1617) are repealed. (2) Bill of rights.--Section 3 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1561) is amended in the 23d undesignated paragraph-- (A) by inserting ``article III;'' after ``section 9, clauses 2 and 3;''; and (B) by striking ``: Provided, however'' and all that follows through the end of the paragraph and inserting the following: ``; except that all offenses under the laws of the Virgin Islands which are prosecuted in the courts established by local law shall continue to be prosecuted by information, except those that are required by local law to be prosecuted by indictment by grand jury.''. (3) Jurisdiction of local courts.--Section 21 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1611) is amended to read as follows: ``SEC. 21. JURISDICTION OF COURTS OF THE VIRGIN ISLANDS. ``(a) Jurisdiction of the Courts of the Virgin Islands.--The judicial power of the Virgin Islands shall be vested in such appellate court and lower local courts as may have been or may hereafter be established by local law. The courts of the Virgin Islands established by local law shall have jurisdiction over all causes of action in the Virgin Islands over which any court established by the Constitution and laws of the United States does not have exclusive jurisdiction. ``(b) Practice and Procedure.--The rules governing the practice and procedure of the courts established by local law and those prescribing the qualifications and duties of the judges and officers thereof, oaths and bonds, and the times and places of holding court shall be governed by local law or the rules promulgated by those courts.''. (4) Jurisdiction over criminal matters and income tax.-- Section 22 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1612) is amended to read as follows: ``SEC. 22. JURISDICTION OVER INCOME TAX. ``The United States District Court for the District of the Virgin Islands shall have exclusive jurisdiction over all criminal and civil proceedings in the Virgin Islands with respect to the income tax laws applicable to the Virgin Islands, regardless of the degree of the offense or of the amount involved, except the ancillary laws relating to the income tax enacted by the legislature of the Virgin Islands. Any act or failure to act with respect to the income tax laws applicable to the Virgin Islands which would constitute a criminal offense described in chapter 75 of the Internal Revenue Code of 1986 shall constitute an offense against the government of the Virgin Islands and may be prosecuted in the name of the government of the Virgin Islands by appropriate officers thereof in the United States District Court for the District of the Virgin Islands without the request or consent of the United States attorney for the Virgin Islands.''. (5) Relations between united states courts and local courts.--Section 23 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1613) is amended to read as follows: ``SEC. 23. RELATIONS BETWEEN COURTS OF THE UNITED STATES AND LOCAL COURTS. ``(a) In General.--The relations between the courts established by the Constitution or laws of the United States (including the United States District Court for the District of the Virgin Islands) and the courts established by local law with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States, including the Supreme Court of the United States, and the courts of the several States in such matters and proceedings, except that for the first 15 years following the establishment of the appellate court authorized by section 21(a) of this Act, the United States Court of Appeals for the Third Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of the Virgin Islands from which a decision could be had. ``(b) Reports to Congress.--The Judicial Council of the Third Circuit shall submit reports to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives at intervals of 5 years following the establishment of the appellate court authorized by section 21(a) of this Act as to whether that court has developed sufficient institutional traditions to justify direct review by the Supreme Court of the United States from all final decisions of the highest court of the Virgin Islands. ``(c) Rules.--The United States Court of Appeals for the Third Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this section.''. (6) Appellate jurisdiction of district court.--Section 23A of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1613a) is amended by striking ``District Court of the Virgin Islands'' each place it appears and inserting ``United States District Court for the District of the Virgin Islands''. (7) Assignment of additional judges to the court.--Section 24 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1614) is amended to read as follows: ``SEC. 24. ASSIGNMENT OF ADDITIONAL JUDGES TO THE COURT. ``Whenever it appears to be necessary for the proper dispatch of the business of the United States District Court for the District of the Virgin Islands-- ``(1) the chief judge of the Third Judicial Circuit of the United States may assign-- ``(A) a judge of a court of record of the Virgin Islands established by local law, ``(B) a circuit or district judge of the Third Judicial Circuit, or ``(C) a recalled senior judge of the District Court of the Virgin Islands, or ``(2) the Chief Justice of the United States may assign any other United States circuit or district judge, with the consent of that judge and the chief judge of the circuit from which the judge is assigned, to serve temporarily as a judge of the United States District Court for the District of the Virgin Islands. After the establishment of the appellate court authorized by section 21(a) of this Act, no judge described in paragraph (1)(A) may be assigned to the district court under this section.''. (c) Pleadings and Proceedings in English.--All pleadings and proceedings in the United States District Court for the District of the Virgin Islands shall be conducted in the English language. (d) Savings Provisions.-- (1) Pending cases.--With respect to any complaint or proceeding pending in the District Court of the Virgin Islands on the day before the effective date of this Act, such complaint or proceeding may, on and after such effective date, be pursued to final determination in the United States District Court for the District of the Virgin Islands, the United States Court of Appeals for the Third Circuit, and the United States Supreme Court. (2) Existing officers of the court.--Any individual who, on the effective date of this Act, is serving as the United States Attorney for the Virgin Islands, or the United States marshal for the Virgin Islands, may continue in such office until a successor is appointed pursuant to the provisions of title 28, United States Code. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Judicial Comparisons.--Section 333 of title 28, United States Code, is amended by striking ``, the District Court of the Virgin Islands,''. (b) Retirement and Survivors' Annuities.-- (1) Retirement.--Section 373 of title 28, United States Code, is amended in subsections (a) and (e) by striking ``, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands'' and inserting ``or the District Court of the Northern Mariana Islands''. (2) Survivors' annuities.--Section 376(a) of title 28, United States Code, is amended in paragraphs (1)(B) and (2)(B) by inserting ``(as in effect before the effective date of the Judicial District of the Virgin Islands Act of 2005)'' after ``the District Court of the Virgin Islands''. (3) Calculation of service as a judge.--In the case of a judge of a district court retiring under section 371 of title 28, United States Code, after the effective date of this Act, service by the judge as a judge of the District Court of the Virgin Islands before the effective date of this Act shall be included in calculating service under section 371(c) of such title. (4) Rights of existing retirees not affected.--Nothing in this Act shall be construed to affect the rights of any judge who has retired as a judge of the District Court of the Virgin Islands before the effective date of this Act. (c) Courts Defined.--Section 610 of title 28, United States Code, is amended by striking ``the United States District Court for the District, the Canal Zone,'' and by striking ``the District Court of the Virgin Islands,''. (d) Magistrate Judges.--Section 631(a) of title 28, United States Code, is amended-- (1) in the first sentence, by striking ``Virgin Islands, Guam, and'' and inserting ``Guam and''; and (2) in the second sentence, by striking ``Virgin Islands, Guam, or'' and inserting ``Guam or''. (e) Investigations by Attorney General.--Section 526(a)(2) of title 28, United States Code, is amended by striking ``and of the district court of the Virgin Islands''. (f) Courts of Appeals.-- (1) Section 1291 of title 28, United States Code, is amended by striking ``, the United States District Court for the District of the Canal Zone,'' and all that follows through ``Virgin Islands'' and inserting ``and the District Court of Guam''. (2) Section 1292 of title 28, United States Code, is amended-- (A) in subsection (a)(1), by striking ``, the United States District Court for the District of the Canal Zone'' and all that follows through ``Virgin Islands,'' and inserting ``and the District Court of Guam,''; and (B) in subsection (d)(4)(A), by striking ``the District Court of the Virgin Islands,''. (3) Section 1294 of title 28, United States Code, is amended by striking paragraphs (2) and (3) and redesignating paragraph (4) as paragraph (2). (g) Court of Appeals for the Federal Circuit.--Section 1295(a) of title 28, United States Code, is amended in paragraphs (1) and (2) by striking ``the United States District Court for the District of the Canal Zone'' and all that follows through ``Virgin Islands,'' and inserting ``the District Court of Guam,''. (h) Federal Tort Claims.--Section 1346(b)(1) of title 28, United States Code, is amended by striking ``, together with'' and all that follows through ``Virgin Islands,''. (i) Court Reporters.--Section 753(a) of title 28, United States Code, is amended in the first paragraph by striking ``, the United States District Court for the District of the Canal Zone'' and all that follows through ``Virgin Islands'' and inserting ``and the District Court of Guam''. (j) Representation of Certain Defendants.--Section 3006A(j) of title 18, United States Code, is amended by striking ``the District Court of the Virgin Islands,''. (k) Venue.--Sections 1404(d) and 1406(c) of title 28, United States Code, are each amended by striking ``, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands,'' and inserting ``and the District Court for the Northern Mariana Islands,''. (l) Bankruptcy Judges.--The table contained in section 152(a)(2) of title 28, United States Code, is amended by inserting after the item relating to Vermont the following new item: ``Virgin Islands............................................... 2''. (m) Other Title 18 Amendments.--(1) Section 23 of title 18, United States Code, is amended-- (A) by striking ``Guam, the'' and inserting ``Guam and''; and (B) by striking ``, and the District Court of the Virgin Islands''. (2) Section 6001(4) of title 18, United States Code, is amended by striking ``the District Court of the Virgin Islands,''. SEC. 4. ADDITIONAL REFERENCES. Any reference in any provision of law to the District Court of the Virgin Islands shall, after the effective date of this Act, be deemed to be a reference to the United States District Court for the District of the Virgin Islands. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.

Judicial District of the Virgin Islands Act of 2005 - Amends the Federal judicial code to establish a two-judge Article III court in the Virgin Islands (with court held in Christiansted for the Saint Croix Division, and in Charlotte-Amalie for the Saint Thomas and Saint John Division). Requires pleadings and procedures to be conducted in the English language. Amends the Revised Organic Act of the Virgin Islands to state that: (1) the judicial power of the Virgin Islands shall be vested in an appellate court and lower local courts as may have been or may hereafter be established by local law (eliminates references to the district court of the Virgin Islands); and (2) the U.S. district court of the Virgin Islands shall have exclusive jurisdiction over all income-tax related criminal and civil proceedings in the Virgin Islands, except for ancillary tax laws enacted by the Virgin Islands legislature. Sets forth provisions respecting: (1) assignment of additional judges; and (2) relations between U.S. courts and local courts under such Act.

To establish the District Court of the Virgin Islands as a court under article III of the United States Constitution.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Buffalo Nickel Act of 1995''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--Notwithstanding any other provision of law, during the 3-year period beginning on January 1, 1998, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue each year not more than 1,000,000 5-cent coins, which shall-- (1) weigh 5 grams; (2) have a diameter of 0.835 inches; and (3) contain an alloy of 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 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 minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stockpiling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be a reproduction of the original 5-cent coin designed by James Earle Fraser and minted from 1913 to 1938, depicting on the obverse side a profile of a Native American, and on the reverse side a buffalo. (2) Designations and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year; and (C) inscriptions of the words ``United States of America'', ``Liberty'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Committee on Banking, Housing, and Urban Affairs and the Committee on Indian Affairs of the United States Senate, and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 1998. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2000. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $1.00 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) Park Maintenance and Upkeep Fund.--There shall be established among the depository accounts of the National Park Foundation (hereafter in this Act referred to as ``the Foundation''), a charitable and non-profit corporation established under the Act of December 18, 1967 (81 Stat. 656; 16 U.S.C. 19en), an account to be known as the ``Park Maintenance and Upkeep Fund'' (hereafter in this Act referred to as ``the Fund''). Monies deposited in the Fund shall be expended solely and exclusively on the maintenance, repair, and general upkeep of facilities including, but not limited to, buildings, trails and utilities, within units of the National Park System. Under no circumstances will monies from the Fund be used for the construction of new facilities. (b) Deposits.--Surcharges received by the Secretary from the sale of coins issued under this Act shall be paid promptly by the Secretary to the Foundation for deposit in the Fund. Surcharges shall at no time be considered revenues to the Treasury of the United States and shall not be considered a basis for offset of appropriations which would otherwise be made to the National Park Service. (c) Allocations.--The Foundation shall allocate monies from the Fund to units of the National Park System for the purposes enumerated in subsection (a). Allocations shall be made in accordance with criteria developed by the Foundation, to meet priority needs identified by the National Park Service. (d) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Fund as may be related to the expenditures of amounts paid under subsection (b). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (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.

United States Buffalo Nickel Act of 1995 - Requires the Secretary of the Treasury to mint and issue not more than 1 million five-cent coins each year for a three-year period beginning on January 1, 1998. Mandates that the design of the coins be a reproduction of the original five-cent coin designed by James Earle Fraser and minted from 1913 to 1938, depicting on one side a profile of a Native American, and on the reverse side a buffalo. Requires the Secretary to pay surcharges from the sale of such coins to the National Park Foundation for deposit in the Park Maintenance and Upkeep Fund, to be used solely and exclusively for the maintenance, repair, and general upkeep of facilities within the units of the National Park System.

United States Buffalo Nickel Act of 1995

SECTION 1. YELLOWSTONE BUFFALO PRESERVATION. (a) Short Title.--This section may be cited as the ``Yellowstone Buffalo Preservation Act''. (b) Findings.--Congress finds the following: (1) More than any other animal, the American buffalo (Bison bison) is a wildlife icon of the United States. The American buffalo is the symbol that represents the Department of the Interior. The American buffalo is profoundly significant to Native American cultures and, perhaps more than any other wildlife species, has influenced our history. (2) The American buffalo is still under assault, as it was in the late 19th Century when it was nearly exterminated. At the end of the great slaughter, in which tens of millions of buffalo were killed, only a few hundred wild buffalo remained in the Nation and all were located in Yellowstone National Park. Due to poaching, their numbers were reduced to 25 by the year 1900. (3) The offspring of the 25 survivors comprise the Yellowstone buffalo herd and are the only wild, free-roaming American buffalo to continuously occupy their native habitat in the United States. (4) The Yellowstone buffalo herd is genetically unique. Unlike captive ranched buffalo, which are now relatively common, the Yellowstone buffalo herd has never interbred with cattle and has retained its wild character. (5) Because the Park lacks extensive low elevation winter habitat that provides bison and elk with access to winter forage, wildlife migrate from the high elevation plateau of Yellowstone National Park to lower elevation habitat adjacent to the Park in winter and spring. (6) The Yellowstone buffalo herd was exposed to the bacterium Brucella abortus, which can cause the disease brucellosis, in 1917. The only potential way Brucellosis is transmitted between species is through animal ingestion of contaminated reproductive products. Brucellosis can cause abortions in infected animals, but only infectious females who have the bacteria in their reproductive system represent any potential threat of transmission. (7) The risk of transmission between wild buffalo and cattle was deemed low in a 1992 General Accounting Office report, and again in a 1998 National Research Council study. In fact, there has never been a confirmed incidence of brucellosis transmission in the wild from buffalo to cattle. Buffalo with brucellosis and cattle have grazed together for over 50 years in the Jackson Hole area south of Yellowstone without any incident of disease transmission. (8) Despite these facts, the National Park Service, the United States Forest Service, and the State of Montana Department of Livestock haze, capture, and kill members of the Yellowstone buffalo herd in an attempt to keep them unnaturally confined within Yellowstone National Park. At the same time, approximately 13,000 Yellowstone elk, some of which also harbor brucellosis, are allowed unfettered access to Federal land outside the Park. Since 1984, nearly 4,000 American buffalo have been killed in Montana as a result of this policy. In the winters of 2002 through 2005, 811 buffalo were killed by the Federal and State agencies, including 496 buffalo captured and slaughtered by the National Park Service. (9) The key lower elevation habitat needed by American buffalo is on Gallatin National Forest lands adjacent to the north and west sides of the Park. On the north side, taxpayers spent $13,000,000 in 1999 for a private-Federal land exchange intended to make low elevation habitat adjacent to the Yellowstone River accessible to the Yellowstone buffalo herd and other wildlife. The land exchange failed to provide adequate protection and conservation benefits for buffalo, therefore key habitat is not available to the Yellowstone buffalo herd. (10) On the west side of the Park, the Horse Butte peninsula provides prime wildlife habitat for grizzly bears, trumpeter swans, bald eagles, wolves, and buffalo. The peninsula comprises approximately 10,000 acres of primarily Gallatin National Forest Federal lands extending into Hebgen Lake. (11) National Park Service lands have been set aside for the conservation of resources and values and for the enjoyment and use of all citizens. The Federal lands adjacent to the Park represent some of the most valuable and important wildlife habitat in the lower 48 States. They are integrally connected to the health of wildlife residing seasonally in our Nation's oldest national park. Together, the Park and the adjacent Federal lands provide some of our Nation's richest opportunities for recreation, wildlife viewing, family camping, wildlife conservation, fishing, and other recreational and sporting activities. These Federal lands should be preferentially managed to sustain this rich and diverse wildlife resource and to provide the public with enjoyment of this National treasure. (c) Purpose.--The purpose of this Act is to provide for the protection of the Yellowstone buffalo herd by allowing the Yellowstone buffalo herd to freely roam defined Federal land outside of the Park. (d) Definitions.--For the purposes of this section, the following definitions apply: (1) Hazing.--The term ``hazing'' means any individual effort to drive away, obstruct, chase, scare, or deter natural movements of wildlife, including efforts carried out on foot or horseback or efforts aided by machinery, aircraft, or any type of noise making device. (2) Agent.--The term ``agent'' means any person acting on behalf of a State or Federal Government. (3) Park.--The term ``Park'' means Yellowstone National Park. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Yellowstone buffalo herd.--The term ``Yellowstone buffalo herd'' means the wild, unfenced buffalo living primarily within Yellowstone National Park. (6) Federal land.--The term ``Federal land'' refers to those lands within the Park and Federal lands adjacent to it on the north and west boundaries within zones 2 and 3 of the Modified Preferred Alternative Map on page 181 of the 2000 Bison Management Plan for the State of Montana and Yellowstone National Park Final Environmental Impact Statement. (e) Prohibited Acts.-- (1) In general.--No agent may kill, haze, or capture any buffalo on Federal land or land held under Federal conservation easements or use any form of bait to lure buffalo from any Federal land onto private land until the duties under subsection (g) are carried out. This prohibition does not apply to legally-authorized, State-managed buffalo hunts. (2) Exceptions.-- (A) This prohibition shall not apply to an agent or any private party that is found to have been hazing a buffalo if a person is physically endangered or private property was damaged by a buffalo. Neither does this prohibition apply to National Park Service employees who, in the line of duty, need to move buffalo to address immediate physical public safety threats or to end the suffering of an injured buffalo. (B) This prohibition shall not apply to non-lethal Federal research on the prevention, transmission, or elimination of brucellosis in buffalo, as long as the research does not result in the removal of individual buffalo from the Park, diminish the wild, free-roaming status of the buffalo, or identify individual buffalo with techniques such as ear tagging, back tagging, or other methods that detract or diminish the quality of the visitor's experience within Yellowstone National Park. (f) Penalties.-- (1) Initial violation.--Any individual found to be in violation of subsection (e) for the first time shall be fined not more than $5,000 or imprisoned not more than 1 year, or both. (2) Subsequent violations.--Any individual found to be in violation of subsection (e) after the first such finding shall be fined not more than $10,000 or imprisoned not more than 2 years, or both. (3) Reward.--One half of any fine collected under this subsection or $2,500, whichever is less, shall be paid to any person or persons giving information which leads to conviction of a violation of this subsection. (4) Exception.--This subsection shall not apply to a person that is found to have been hazing a buffalo if the person is physically endangered or private property was damaged by a buffalo. (g) Duties.--The Secretary and other appropriate Federal agencies shall ensure that the following duties are accomplished not later than 3 years after the date of the enactment of this Act: (1) The Yellowstone buffalo herd is allowed to occupy and use Federal Land without being hazed or confined. These lands shall be made available preferentially for buffalo and wildlife use. (2) Notwithstanding any other provision of law, management authority of the Yellowstone buffalo herd within the Park is under the sole jurisdiction of the National Park Service. The Gallatin National Forest shall provide National Forest Service habitat and consider buffalo as a native resident wildlife species. (3) The Secretary shall not renew or extend any existing grazing permits or leases for grazing allotments in zone 3 during the winter or spring. (4) The Secretary shall not issue grazing permits or leases for grazing allotments in zone 3 for which no valid permit or lease exists as of the date of the enactment of this Act, and shall permanently retire the allotments from domestic livestock grazing use notwithstanding any other provision of law. (5) The Secretary has negotiated in good-faith to the extent possible with the private land owner in zone 2 in order to make all lands available as bison habitat in the winter and spring seasons as described in section 1(b)(9). (6) The Secretary has submitted the study required under subsection (h). (7) The National Park Service has disassembled the Stephens Creek Buffalo Capture Facility, and has not constructed a similar facility. (8) The National Park Service has prepared a comprehensive feasibility study assessing the benefits and obstacles of using Yellowstone buffalo to reestablish or augment buffalo herds, or both, on public and tribal lands. The study shall provide an objective evaluation of the laws, science, logistics, humane standards, and cost-benefit analysis relevant to such a relocation program. (9) The Secretary has made every effort practicable to allow the Yellowstone buffalo herd to freely roam Federal land through incentives and cooperative efforts with adjacent private landowners, including through land and easement acquisition, cattle vaccination, fencing, and landowner agreements pertaining to temporal and spatial separation of livestock from the Yellowstone buffalo herd. (h) Study.--Not later than 1 year after the date of the enactment of this Act, the United States Forest Service shall report to the Energy and Natural Resources Committee of the Senate and the Resources Committee of the House of Representatives regarding-- (1) the success or failure of negotiations under subsection (g)(5); and (2) whether the Congress should provide the United States Forest Service or the National Park Service with additional authority to insure that all bison winter habitat is made available in zone 2. (i) Preference for Buffalo and Other Native Wildlife.--The preferential use of Federal land shall be for buffalo and other native wildlife. (j) Authorization of Research Funding.--There is authorized to be appropriated to the Secretary such sums as may be necessary for States, federally recognized Indian tribes, and Federal agencies to more fully understand the epidemiology of brucellosis and to develop improved vaccines and treatments to reduce the prevalence of brucellosis in wildlife and livestock.

Yellowstone Buffalo Preservation Act - Prohibits any federal or state government agent from: (1) killing, hazing, or capturing any buffalo on federal land or land held under federal conservation easements; or (2) using any form of bait to lure buffalo from any federal land onto private land until specified duties are accomplished by the Secretary of the Interior and certain other federal agencies. Provides exceptions for: (1) legally-authorized, state-managed buffalo hunts; (2) hazing if a person is physically endangered or property is damaged; (3) National Park Service employees moving buffalo to address physical public safety threats; and (4) certain non-lethal federal research. Establishes criminal penalties and fines for violations of this Act. Sets forth duties of the the Secretary relating to grazing and other matters affecting the Yellowstone buffalo herd that must be accomplished within three years after the enactment of this Act.

To provide for the protection of the last remaining herd of wild and genetically pure American Buffalo.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Post Office Community Partnership Act of 2001''. SEC. 2. PROCEDURES RELATING TO THE PROPOSED CLOSING, CONSOLIDATION, RELOCATION, OR CONSTRUCTION OF A POST OFFICE. (a) Applicability.--Section 404(b) of title 39, United States Code, is amended-- (1) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (2) by striking ``(b)(1)'' and inserting ``(2)''; and (3) by inserting before paragraph (2) (as so redesignated) the following: ``(b)(1) This subsection shall apply in the case of any proposed closing, consolidation, relocation, or construction of a post office.''. (b) Advance Notice.--Paragraph (2) of such section 404(b) (as so redesignated) is amended to read as follows: ``(2)(A) The Postal Service, before making a determination under subsection (a)(3) as to the necessity for a proposed action described in paragraph (1), shall, in order to ensure that the persons, including local government officials, who are (or would be) served by the post office involved will have an opportunity to present their views, provide adequate notice of its intention to take such action with respect to such post office at least 60 days before-- ``(i) in the case of the proposed construction of a post office, the date of the determination under subsection (a)(3); or ``(ii) in the case of an action other than the proposed construction of a post office, the proposed date of such action. ``(B) The requirements of this paragraph shall not be considered met unless the notice-- ``(i) has, by the deadline specified in subparagraph (A)-- ``(I) been hand delivered or delivered by mail to the persons required under subparagraph (A); and ``(II) been published once a week for at least 4 weeks in 1 or more newspapers regularly issued and of general circulation within the zip code areas which are (or would be) served by the post office involved; and ``(ii) includes a description of the action proposed to be taken with respect to the post office involved, a summary of the reasons for the proposed action, and the date on which such action is proposed to be taken (or, if the construction of a post office is involved, the proposed timetable therefor).''. (c) Considerations.--Paragraph (3) of such section 404(b) (as so redesignated) is amended-- (1) in the matter before subparagraph (A), by striking ``to close or consolidate'' and inserting ``to take a proposed action with respect to''; (2) by striking ``such closing or consolidation'' each place it appears and inserting ``such action''; (3) in subparagraph (A)(i), by striking the semicolon and inserting ``, taking into account (I) the extent to which the post office is part of a core downtown business area (if at all), and (II) the nature and the extent of any opposition within the community to the proposed action;''; (4) in subparagraph (A)(ii), by striking ``Service employed at such office;'' and inserting ``Service;''; (5) in subparagraph (A)(iv), by inserting ``quantified long-term'' before ``economic''; and (6) in subparagraph (A), by striking ``and'' at the end of clause (iv), by redesignating clause (v) as clause (viii), and by inserting after clause (iv) the following: ``(v) any views or concerns expressed by any officials or other representatives of local government, including whether the proposed action is reasonable in light of local population projections; ``(vi) consistency with the size, scale, design, and general character of the surrounding community; ``(vii) whether all reasonable alternatives to such action have been explored; and''. (d) Notice of Determination.--Paragraph (4) of such section 404(b) (as so redesignated) is amended-- (1) by striking ``to close or consolidate'' and inserting ``to take a proposed action (described in paragraph (1)) with respect to''; (2) by striking ``paragraph (2)'' and inserting ``paragraph (3)''; and (3) by striking ``office.'' and inserting ``office (including by posting a copy of such determination in the post office or each post office serving the persons who will be affected by such action) and shall be transmitted to appropriate local officials.''. (e) Additional Requirements.--Such section 404(b) is amended by adding at the end the following: ``(7) In any case in which a community has promulgated any procedures to address the relocation, closing, consolidation, or construction of buildings in the community, and the public participation requirements of those procedures are more stringent than those provided in this subsection, the Postal Service shall apply those procedures to the relocation, closing, consolidation, or construction of a post office in that community in lieu of applying the procedures established in this subsection. ``(8) In making a determination to relocate, close, consolidate, or construct any post office, the Postal Service shall comply with any applicable zoning, planning, or land use laws (including design guidelines, building codes, and all other provisions of law) to the same extent and in the same manner as if the Postal Service were not an establishment of the Government of the United States. ``(9) Nothing in this subsection shall be construed to apply to a temporary customer service facility to be used by the Postal Service for a period of less than 60 days. ``(10)(A) In this paragraph the term `emergency' means any occurrence that forces an immediate relocation from an existing facility, including natural disasters, fire, health and safety factors, and lease terminations. ``(B) If the Postmaster General determines that there exists an emergency affecting a particular post office, the Postmaster General may suspend the application of this subsection, with respect to such post office, for a period of not to exceed 180 days. ``(C) The Postmaster General may exercise the suspension authority under this paragraph with respect to a post office once for each discrete emergency affecting such post office. ``(11) The relocation, closing, consolidation, or construction of any post office shall be conducted in accordance with applicable provisions of the National Historic Preservation Act (16 U.S.C. 470 et seq.).''. (f) Technical and Conforming Amendments.--Such section 404(b) is amended-- (1) in paragraph (5) (as so redesignated) by striking ``take no action to close or consolidate'' and inserting ``take no action described in paragraph (1) with respect to''; and (2) in paragraph (6) (as so redesignated)-- (A) by striking ``to close or consolidate'' and inserting ``to take any action described in paragraph (1) with respect to''; and (B) by striking ``paragraph (3)'' and inserting ``paragraph (4)''.

Post Office Community Partnership Act of 2001 - Modifies Federal postal law to revise requirements for the closing or consolidation of a post office and apply them, as well, to its proposed closing, consolidation, relocation, or construction. Requires a 60-day notice, under certain conditions, to persons (including local government officials) who are (or would be) served by the post office involved to allow such individuals an opportunity to present their views before such proposed action. Requires the notice: (1) by the deadline, to be hand delivered or delivered by mail and published once a week for at least four weeks in one or more newspapers regularly issued and of general circulation within the zip code areas which are (or would be) served by the post office involved; and (2) to include a description of the proposed action, a summary of the reasons for it, and the date on which the action is to be taken (or, in the case of the construction of a post office, the proposed timetable).Revises the factors to be considered in deciding whether or not to take such proposed actions.Requires the Postal Service to follow a community's public participation procedures to address the relocation, closing, consolidation, or construction of buildings in the community if such procedures are more stringent than those provided in this Act.

A bill to amend title 39, United States Code, to provide that the procedures relating to the closing or consolidation of a post office be extended to the relocation or construction of a post office, and for other purposes.

SECTION 1. SHORT TITLE This Act may be cited as the ``Sudbury, Assabet, and Concord Wild and Scenic Rivers Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Title vii of Public Law 101-628-- (A) designated segments of the Sudbury, Assabet, and Concord Rivers in the Commonwealth of Massachusetts, totaling 29 river miles, for study of potential addition to the National Wild and Scenic Rivers Systems, and (B) directed the Secretary of the Interior to establish the Sudbury, Assabet, and Concord River Study Committee (in this Act referred to as the ``Study Committee'') to advise the Secretary of the Interior in conducting the study and concerning management alternatives should the river be included in the National Wild and Scenic Rivers System. (2) The study determination that-- (A) the 16.6 mile segment of the Sudbury River beginning at the Danforth Street Bridge in the Town of Framingham, to its confluence with the Assabet River, (B) the 4.4 mile segment of the Assabet River from 1,000 feet downstream from the Damon Mill Dam in the Town of Concord to the confluence with the Sudbury River at Egg Rock in Concord, and (C) the 8 mile segment of the Concord River from Egg Rock at the confluence of the Sudbury and Assabet Rivers to the Route 3 Bridge in the Town of Billerica are eligible for inclusion in the National Wild and Scenic Rivers System based upon their free-flowing condition and outstanding scenic, recreation, wildlife, literary, and historic values. (3) The towns that directly abut the segments, including Framingham, Sudbury, Wayland, Lincoln, Concord, Bedford, Carlisle, and Billerica, Massachusetts, have each demonstrated their desire for National Wild and Scenic River designation through town meeting votes endorsing designation. (4) During the study, the Study Committee and the National Park Service prepared a comprehensive management plan for the segments, entitled ``Sudbury, Assabet and Concord Wild and Scenic River Study, River Management Plan'', dated March 16, 1995, which establishes objectives, standards, and action programs that will ensure long-term protection of the rivers' outstanding values and compatible management of their land and water resources. (5) The river management plan does not call for federal land acquisition for Wild and Scenic River purposes and relies upon State, local and private entities to have the primary responsibility for ownership and management of the Sudbury, Assabet and Concord Wild and Scenic River resources. (6) The Study Committee voted unanimously on February 23, 1995, to recommend that the Congress include these segments in the National Wild and Scenic Rivers System for management in accordance with the River Conservation Plan. SEC. 3. WILD, SCENIC, AND RECREATIONAL RIVER DESIGNATION. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph: ``( ) Sudbury, Assabet and Concord Rivers, Massachusetts-- ``(A) In general.--The 29 miles of river segments in Massachusetts consisting of the Sudbury River from the Danforth Street Bridge in Framingham downstream to its confluence with the Assabet River at Egg Rock; the Assabet River from a point 1,000 feet downstream of the Damondale Dam in Concord to its confluence with the Sudbury River at Egg Rock; and the Concord River from its origin at Egg Rock in Concord downstream to the Route 3 bridge in Billerica (in this paragraph referred to as `segments'), as scenic and recreational river segments. The segments shall be administered by the Secretary of the Interior through cooperative agreements between the Secretary of the Interior and the Commonwealth of Massachusetts and its relevant political subdivisions (including the Towns of Framingham, Wayland, Sudbury, Lincoln, Concord Carlisle, Bedford, and Billerica) pursuant to section 10(e) of this Act. The segments shall be managed in accordance with the plan entitled ``Sudbury, Assabet and Concord Wild and Scenic River Study, River Conservation Plan'' dated March 16, 1995 (in this paragraph referred to as the `Plan'). The Plan is deemed to satisfy the requirement for a comprehensive management plan under section 3(d) of this Act.''. SEC. 4 MANAGEMENT. (a) Committee.--The Director of the National Park Service (in this paragraph referred to as the `Director'), or his or her designee, shall represent the Secretary of the Interior on the SUASCO River Stewardship Council provided for in the ``Sudbury, Assabet and Concord Wild and Scenic River Study, River Management Plan'' (the `Plan'). (b) Federal Role.--(1) The Director represents the Secretary of the Interior in the implementation of the Plan and the provisions of the Wild and Scenic Rivers Act with respect to the segments, including the review of proposed federally assisted water resources projects which could have a direct and adverse effect on the values for which the segments are established, as authorized under section 7(a) of the Wild and Scenic Rivers Act. (2) Pursuant to section 10(e) and section 11(b)(1), the Director shall offer to enter into cooperative agreements with the Commonwealth of Massachusetts, its relevant political subdivisions, the Sudbury Valley Trustees, and the Organization for the Assabet River. Such cooperative agreements shall be consistent with the Plan and may include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation and enhancement of the segments. (3) The Director may provide technical assistance, staff support, and funding to assist in the implementation of the Plan, except that the total cost to the Federal Government of activities to implement the Plan may not exceed $100,000 each fiscal year. (4) Notwithstanding the provisions of section 10(c) of the Wild and Scenic Rivers Act, any portion of the segments not already within the National Park System shall not under this Act-- (A) become a part of the National Park System; (B) be managed by the National Park Service; or (C) be subject to regulations which govern the National Park System. (c) Water Resources Projects.--(1) In determining whether a proposed water resources project would have a direct and adverse effect on the values for which the segments were included in the National Wild and Scenic Rivers System, the Secretary shall specifically consider the extent to which the project is consistent with the Plan. (2) The Plan, including the detailed Water Resources Study incorporated by reference therein and such additional analysis as may be incorporated in the future, shall serve as the primary source of information regarding the flows needed to maintain instream resources and potential compatibility between resource protection and possible additional water withdrawals. (d) Land Management.--(1) The zoning bylaws of the towns of Framingham, Sudbury, Wayland, Lincoln, Concord, Carlisle, Bedford, and Billerica, Massachusetts, as in effect on the date of enactment of this paragraph, are deemed to satisfy the standards and requirements under section 6(c) of the Wild and Scenic Rivers Act. For the purpose of section 6(c) of the Wild and Scenic Rivers Act, the towns are deemed to be `villages' and the provisions of that section which prohibit Federal acquisition of lands shall apply (2) The United States Government shall not acquire by any means title to land, easements, or other interests in land along the segments for the purposes of designation of the segments under this Act or the Wild and Scenic Rivers Act. Nothing in this Act or the Wild and Scenic Rivers Act shall prohibit Federal acquisition of interests in land along the segments under other laws for other purposes. SEC. 5. FUNDING AUTHORIZATION. There are authorized to be appropriated to the Secretary of the Interior to carry out the purposes of this Act no more than $100,000 for each fiscal year.

Sudbury, Assabet, and Concord Wild and Scenic Rivers Act - Amends the Wild and Scenic Rivers Act (the Act) to designate segments of the Sudbury, Assabet, and Concord Rivers in Massachusetts as components of the National Wild and Scenic Rivers System. Requires the segments to be: (1) administered by the Secretary of the Interior through cooperative agreements between the Secretary and the Commonwealth of Massachusetts and its relevant political subdivisions; and (2) managed in accordance with the Sudbury, Assabet, and Concord Wild and Scenic River Study, River Conservation Plan which shall be deemed to satisfy the requirement for a comprehensive management plan pursuant to the Act. Requires the Director of the National Park Service to represent the Secretary: (1) on the SUASCO River Stewardship Council provided for in the Sudbury, Assabet, and Concord Wild and Scenic River Study, River Management Plan; and (2) in the implementation of the Conservation Plan and the provisions of the Act with respect to the segments. Authorizes appropriations.

Sudbury, Assabet, and Concord Wild and Scenic Rivers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transforming Student Debt to Home Equity Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) In the fourth quarter of 2016, over 17,200,000 homes remain vacant in the United States. (2) These extended vacancies depress neighborhood property values and create a downward spiral in neighborhood stability in already troubled communities. (3) Meanwhile, due to climbing expenses of higher education, the total Federal student debt owed equals $1,300,000,000. (4) More than 40,000,000 Americans have at least one outstanding student loan, up dramatically from 29,000,000 Americans just 10 years ago. (5) Student loan repayments are forcing millions of young families out of purchasing their first home, as they cannot afford to save for a down payment or qualify for a mortgage. (6) It is imperative to find a way to systematically convert debt streams into equity streams, otherwise housing purchases will continue to be sluggish and thousands more Americans will retire saddled with student loan debt never having had the opportunity to accumulate equity. (7) It is in the interest of the Federal Government to use the resources at its disposal, including both housing properties held in trust and student debt obligations, to put reverse pressure on these downward trends. (8) By arranging financing that recalculates terms, debt- to-income ratios, mortgage interest rates, and other factors, short-term student debt could transition into longer term home ownership. (9) The goal is to connect creditworthy Federal student debt holders with housing properties for sale but held by the Federal Government. (10) Eventually, participants can help restore neighborhoods, transform their debt to equity, and buy property values locally and on the Federal ledger simply by maintaining and investing in a home mortgage. SEC. 3. PROGRAM TO EXPAND ACCESS TO MORTGAGES TO ELIGIBLE CREDITWORTHY HOMEBUYERS WITH FEDERAL STUDENT LOAN DEBT. (a) Establishment.--From amounts appropriated pursuant to subsection (g), the Secretary of the Department of Housing and Urban Development and the Director of the Federal Housing Finance Agency shall jointly establish and carry out a pilot demonstration program to provide assistance to eligible applicants in purchasing eligible properties. (b) Eligible Applicants.--To be eligible for the program established in this Act, an applicant-- (1) shall have an outstanding balance of principal or interest owing on a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); (2) may not be subject to a judgment secured through litigation with respect to such a loan under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), may not be subject to an order for wage garnishment under section 488A of such Act (20 U.S.C. 1095a), and at the time of application for participation in the program under this section-- (A) such a loan shall be in repayment status as determined under section 428(b)(7)(A) of such Act (20 U.S.C. 1078(b)(7)(A)); or (B) such a loan shall be in a grace period preceding repayment; (3) may not have owned a home during the 3-year period immediately before the applicant purchases an eligible property with assistance provided under this Act; (4) shall complete a program of counseling with respect to the responsibilities and financial management involved in homeownership that is approved by the Secretary; (5) shall be creditworthy, as determined by the Secretary and the Director; (6) shall agree to use an eligible property purchased with assistance provided under this Act as the applicant's primary residence for not less than the 3-year period beginning on the date of such purchase; and (7) shall be employed and earning sufficient income to repay a mortgage loan, as determined by the Secretary and the Director for the purposes of this program. (c) Types of Assistance.-- (1) In general.--A program established under this Act may provide for any one or more of the following options: (A) A discount on the appraised value of an eligible property. (B) Flexibility in underwriting standards related to the purchase of eligible properties for mortgages insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.) or owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (C) The development of new mortgage products specifically targeted to eligible applicants. (D) In coordination with the Department of the Treasury and the Department of Education, the development of a program that will use actuarial information to determine how the repayment of loans described in subsection (b)(1) may be integrated into a mortgage repayment schedule to allow an eligible applicant to accumulate equity in the eligible property, including by reason of meeting the eligible applicant's obligations under such student loan. (E) Any other assistance that the Secretary and Director jointly deem appropriate. (2) Collaboration.--In providing assistance described under paragraph (1), the Secretary and the Director may collaborate with community banks having less than $10,000,000,000 in total assets, credit unions (as defined in section 101 of the Federal Credit Union Act), and local fair housing organizations. (d) Geographical Diversity.--In selecting eligible applicants to receive assistance under this Act, the Secretary and the Director shall, to the extent practicable, consider the location of the eligible property to be purchased by the eligible applicant, including whether the eligible property is located in a rural or urban area, to ensure geographic diversity of such eligible properties. (e) Reports.-- (1) Interim report.--Not later than 90 days after the date of the enactment of this Act, the Secretary and the Director shall submit to Congress an interim report describing the type of assistance the Secretary and the Director shall provide under the program established under this Act. (2) Final report.--Not later than 3 years after the date of the enactment of this Act, the Secretary and the Director shall submit to Congress a final report evaluating the impact of the program carried out under this Act and describing other types of assistance the Secretary and the Director may offer. (f) Definitions.--In this Act: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Secretary.--The term ``Secretary'' means the Secretary of the Department of Housing and Urban Development. (3) Eligible property.--The term ``eligible property'' means a property that is designed as a dwelling for occupancy by 1 to 4 families-- (A) that is safe and habitable, as defined by the Secretary and the Director; (B) for which, as determined by the Secretary and the Director, the occupancy of which will promote community revitalization; and (C) that-- (i) was previously subject to a mortgage loan insured by the Federal Housing Administration under title II of the National Housing Act (12 U.S.C. 1707 et seq.) and is owned by the Secretary pursuant to the payment of insurance benefits under such Act; or (ii) is a real estate owned property of the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as necessary to carry out this Act for fiscal years 2018 to 2020.

Transforming Student Debt to Home Equity Act of 2017 This bill requires the Department of Housing and Urban Development (HUD) and the Federal Housing Finance Agency to jointly establish and implement a pilot demonstration program to provide, to eligible applicants with federal student loan debt, assistance in purchasing eligible properties. Specifically, the program may provide for: (1) discounts on the appraised value of eligible properties, (2) flexibility in certain underwriting standards, (3) the development of new mortgage products specifically targeted to eligible applicants, (4) the development of a program that uses actuarial information to determine how the repayment of federal student loans may be integrated into a mortgage repayment schedule to allow eligible applicants to accumulate home equity, and (5) other appropriate assistance. An "eligible property" is a property: (1) that is designed as a dwelling for occupancy by one to four families; (2) that is safe and habitable; (3) the occupancy of which will promote community revitalization; and (4) that is owned by HUD, the Federal National Mortgage Association (Fannie Mae), or the Federal Home Loan Mortgage Corporation (Freddie Mac).

Transforming Student Debt to Home Equity Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Carbon Emissions Reduction Act of 2009''. SEC. 2. BLACK CARBON. (a) Findings.--The Congress finds the following: (1) Black carbon is a particulate pollutant that contributes significantly to warming of the Earth's climate system by absorbing radiation, converting it into heat, and releasing heat energy into the atmosphere. The atmospheric residence of black carbon is usually less than 2 weeks, making this pollutant an important candidate for policy action to immediately mitigate global warming, including the threat of abrupt climate change. (2) Black carbon has a particularly detrimental impact on snow and ice-covered surfaces, such as the Arctic and the Tibetan Plateau, by reducing surface reflectivity and accelerating melting. (3) Black carbon is a component of particulate matter regulated under the Clean Air Act, however it is not explicitly regulated as a global warming agent under United States law or by the United Nations Framework Convention on Climate Change or other international instruments. (4) Through existing clean air programs, the United States has substantially reduced black carbon emissions, but more can be done. (5) Internationally, governments should help spur technological innovation and energy technology deployment in countries where major black carbon emissions still occur through industrial activities, vehicle emissions, agriculture and forestry practices, and residential cooking and heating. (6) Human exposure to black carbon is a serious threat to public health in both developed and developing countries. Actions to reduce exposure to black carbon will produce immediate and significant public health benefits. (7) Taking immediate cost-effective and technologically feasible action to significantly reduce black carbon emissions will help protect the Arctic and other areas that are imminently threatened by warming. (b) Purposes.--The purposes of this Act are-- (1) to immediately take action to reduce black carbon emissions; (2) to identify cost-effective ways to achieve additional reductions of domestic and international black carbon emissions; (3) to achieve the public health and environmental benefits of reduced black carbon emissions, including contributing to a reduction in the rate of global warming; and (4) to take action to protect areas particularly affected by black carbon emissions, such as the Arctic. (c) Definitions.--As used in this Act: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``black carbon'' means the light-absorbing component of carbonaceous aerosols. (d) Black Carbon Abatement Report.--Not later than one year after the date of enactment of this Act, the Administrator shall, in consultation with other appropriate Federal agencies, submit to Congress a report regarding black carbon emissions. The report shall include the following: (1) A summary of the current research that identifies-- (A) an inventory of the major sources of black carbon emissions in the United States and throughout the world, including-- (i) an estimate of the quantity of current and projected future emissions; and (ii) the net climate forcing of the emissions from such sources, including consideration of co-emissions of other pollutants; (B) effective and cost-effective control technologies, operations, and strategies for additional domestic and international black carbon emissions reductions, such as diesel retrofit technologies on existing on-road and off-road engines and programs to address residential cookstoves, forest burning, and other agriculture-based burning; (C) potential metrics quantifying the climatic effects of black carbon emissions, including its radiative forcing and warming effects, that may be used to compare the climate benefits of different mitigation strategies, including an assessment of the uncertainty in such metrics; and (D) the public health and environmental benefits associated with additional controls for black carbon emissions. (2) Recommendations regarding-- (A) development of additional emissions monitoring techniques and capabilities, modeling, and other black carbon-related areas of study; (B) areas of focus for additional study of technologies, operations, and strategies with the greatest potential to reduce emissions of black carbon; and (C) actions, in addition to those identified by the Administrator pursuant to subsections (e) and (f), the Federal Government may take to encourage or require reductions in black carbon emissions. (e) Domestic Black Carbon Mitigation.--Not later than one year after the date of enactment of this Act, the Administrator, taking into consideration the public health and environmental impacts of black carbon emissions, including the effects on global warming, the Arctic, and other snow and ice-covered surfaces, shall propose regulations under the existing authorities of the Clean Air Act to reduce emissions of black carbon or propose a finding that existing regulations promulgated pursuant to such Act adequately regulate black carbon emissions. Not later than two years after the date of enactment of this Act, the Administrator shall promulgate final regulations under the existing authorities of the Clean Air Act or finalize the proposed finding. (f) International Black Carbon Mitigation.-- (1) Report.--Not later than one year after the date of enactment of this section, the Administrator, in coordination with the Secretary of State and other appropriate Federal agencies, shall transmit a report to Congress on the amount, type, and direction of all present United States financial, technical, and related assistance to foreign countries to reduce, mitigate, and otherwise abate black carbon emissions. (2) Other opportunities.--The report required under paragraph (1) shall also identify opportunities and recommendations, including action under existing authorities, to achieve significant black carbon emission reductions in foreign countries through technical assistance or other approaches to-- (A) promote sustainable solutions to bring clean, efficient, safe, and affordable stoves, fuels, or both stoves and fuels to residents of developing countries that are reliant on solid fuels such as wood, dung, charcoal, coal, or crop residues for home cooking and heating, so as to help reduce the public health, environmental, and economic impacts of black carbon emissions from these sources by-- (i) identifying key regions for large-scale demonstration efforts, and key partners in each such region; and (ii) developing for each such region a large-scale implementation strategy with a goal of collectively reaching 20,000,000 homes over 5 years with interventions that will-- (I) increase stove efficiency by over 50 percent (or such other goal as determined by the Administrator); (II) reduce emissions of black carbon by over 60 percent (or such other goal as determined by the Administrator); and (III) reduce the incidence of severe pneumonia in children under 5 years old by over 30 percent (or such other goal as determined by the Administrator); (B) make technological improvements to diesel engines and provide greater access to fuels that emit less or no black carbon; (C) reduce unnecessary agricultural or other biomass burning where feasible alternatives exist; (D) reduce unnecessary fossil fuel burning that produces black carbon where feasible alternatives exist; (E) reduce other sources of black carbon emissions; and (F) improve capacity to achieve greater compliance with existing laws to address black carbon emissions. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act.

Black Carbon Emissions Reduction Act of 2009 - Requires the Administrator of the Environmental Protection Agency (EPA) to report to Congress on black carbon (light-absorbing component of carbonaceous aerosols) emissions, including : (1) a summary of current research identifying major sources, control technologies, quantifying metrics, and public health and environmental benefits associated with additional controls; and (2) recommendations regarding emissions monitoring techniques and capabilities, areas for additional study of technologies, operations, and strategies with the greatest potential to reduce emissions, and actions the government may take to encourage or require emission reductions. Requires the Administrator, within a year, to finalize regulations under the Clean Air Act to reduce emissions of black carbon or propose a finding that existing regulations promulgated pursuant to such Act adequately regulate them. Requires the Administrator to report to Congress on the amount, type, and direction of all present U.S. financial, technical, and related assistance to foreign countries to reduce, mitigate, and abate black carbon emissions.

To mitigate the effects of black carbon emissions in the United States and throughout the world.

TITLE I--SILVER ALERT COMMUNICATIONS NETWORK SECTION 101. SHORT TITLE. This title may be cited as the ``National Silver Alert Act of 2011''. SEC. 102. DEFINITIONS. For purposes of this title: (1) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (2) Missing senior.--The term ``missing senior'' refers to any individual who-- (A) is reported to, or identified by, a law enforcement agency as a missing person; and (B) meets the requirements to be designated as a missing senior, as determined by the State in which the individual is reported or identified as a missing person. SEC. 103. SILVER ALERT COMMUNICATIONS NETWORK. The Attorney General shall, subject to the availability of appropriations under section 107, establish a national Silver Alert communications network within the Department of Justice to provide assistance to regional and local search efforts for missing seniors through the initiation, facilitation, and promotion of local elements of the network (known as Silver Alert plans) in coordination with States, units of local government, law enforcement agencies, and other concerned entities with expertise in providing services to seniors. SEC. 104. SILVER ALERT COORDINATOR. (a) National Coordinator Within Department of Justice.--The Attorney General shall designate an individual of the Department of Justice to act as the national coordinator of the Silver Alert communications network. The individual so designated shall be known as the Silver Alert Coordinator of the Department of Justice (referred to in this title as the ``Coordinator''). (b) Duties of the Coordinator.--In acting as the national coordinator of the Silver Alert communications network, the Coordinator shall-- (1) work with States to encourage the development of additional Silver Alert plans in the network; (2) establish voluntary guidelines for States to use in developing Silver Alert plans that will promote compatible and integrated Silver Alert plans throughout the United States, including-- (A) a list of the resources necessary to establish a Silver Alert plan; (B) criteria for evaluating whether a situation warrants issuing a Silver Alert, taking into consideration the need for the use of such Alerts to be limited in scope because the effectiveness of the Silver Alert communications network may be affected by overuse, including criteria to determine-- (i) whether the mental capacity of a senior who is missing, and the circumstances of his or her disappearance, warrant the issuance a Silver Alert; and (ii) whether the individual who reports that a senior is missing is an appropriate and credible source on which to base the issuance of a Silver Alert; (C) a description of the appropriate uses of the Silver Alert name to readily identify the nature of search efforts for missing seniors; and (D) recommendations on how to protect the privacy, dignity, independence, and autonomy of any missing senior who may be the subject of a Silver Alert; (3) develop proposed protocols for efforts to recover missing seniors and to reduce the number of seniors who are reported missing, including protocols for procedures that are needed from the time of initial notification of a law enforcement agency that the senior is missing through the time of the return of the senior to family, guardian, or domicile, as appropriate, including-- (A) public safety communications protocol; (B) case management protocol; (C) command center operations; (D) reunification protocol; and (E) incident review, evaluation, debriefing, and public information procedures; (4) work with States to ensure appropriate regional coordination of various elements of the network; (5) establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the Silver Alert communications network with initiating, facilitating, and promoting Silver Alert plans, which shall include-- (A) to the maximum extent practicable, representation from the various geographic regions of the United States; and (B) members who are-- (i) representatives of senior citizen advocacy groups, law enforcement agencies, and public safety communications; (ii) broadcasters, first responders, dispatchers, and radio station personnel; and (iii) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the Silver Alert communications network; and (6) act as the nationwide point of contact for-- (A) the development of the network; and (B) regional coordination of alerts for missing seniors through the network. (c) Coordination.-- (1) Coordination with other agencies.--The Coordinator shall coordinate and consult with the Secretary of Transportation, the Federal Communications Commission, the Assistant Secretary for Aging of the Department of Health and Human Services, the head of the Missing Alzheimer's Disease Patient Alert Program, and other appropriate offices of the Department of Justice in carrying out activities under this title. (2) State and local coordination.--The Coordinator shall consult with local broadcasters and State and local law enforcement agencies in establishing minimum standards under section 105 and in carrying out other activities under this title, as appropriate. (d) Annual Reports.--Not later than one year after the date of enactment of this Act, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Silver Alert plans of each State that has established or is in the process of establishing such a plan. Each such report shall include-- (1) a list of States that have established Silver Alert plans; (2) a list of States that are in the process of establishing Silver Alert plans; (3) for each State that has established such a plan, to the extent the data is available-- (A) the number of Silver Alerts issued; (B) the number of individuals located successfully; (C) the average period of time between the issuance of a Silver Alert and the location of the individual for whom such Alert was issued; (D) the State agency or authority issuing Silver Alerts, and the process by which Silver Alerts are disseminated; (E) the cost of establishing and operating such a plan; (F) the criteria used by the State to determine whether to issue a Silver Alert; and (G) the extent to which missing individuals for whom Silver Alerts were issued crossed State lines; (4) actions States have taken to protect the privacy and dignity of the individuals for whom Silver Alerts are issued; (5) ways that States have facilitated and improved communication about missing individuals between families, caregivers, law enforcement officials, and other authorities; and (6) any other information the Coordinator determines to be appropriate. SEC. 105. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS THROUGH SILVER ALERT COMMUNICATIONS NETWORK. (a) Establishment of Minimum Standards.--Subject to subsection (b), the Coordinator shall establish minimum standards for-- (1) the issuance of alerts through the Silver Alert communications network; and (2) the extent of the dissemination of alerts issued through the network. (b) Limitations.-- (1) Voluntary participation.--The minimum standards established under subsection (a) of this section, and any other guidelines and programs established under section 104, shall be adoptable on a voluntary basis only. (2) Dissemination of information.--The minimum standards shall, to the maximum extent practicable (as determined by the Coordinator in consultation with State and local law enforcement agencies), provide that appropriate information relating to the special needs of a missing senior (including health care needs) are disseminated to the appropriate law enforcement, public health, and other public officials. (3) Geographic areas.--The minimum standards shall, to the maximum extent practicable (as determined by the Coordinator in consultation with State and local law enforcement agencies), provide that the dissemination of an alert through the Silver Alert communications network be limited to the geographic areas which the missing senior could reasonably reach, considering the missing senior's circumstances and physical and mental condition, the modes of transportation available to the missing senior, and the circumstances of the disappearance. (4) Age requirements.--The minimum standards shall not include any specific age requirement for an individual to be classified as a missing senior for purposes of the Silver Alert communication network. Age requirements for determinations of whether an individual is a missing senior shall be determined by each State, and may vary from State to State. (5) Privacy and civil liberties protections.--The minimum standards shall-- (A) ensure that alerts issued through the Silver Alert communications network comply with all applicable Federal, State, and local privacy laws and regulations; and (B) include standards that specifically provide for the protection of the civil liberties and sensitive medical information of missing seniors. (6) State and local voluntary coordination.--In carrying out the activities under subsection (a), the Coordinator may not interfere with the current system of voluntary coordination between local broadcasters and State and local law enforcement agencies for purposes of the Silver Alert communications network. SEC. 106. TRAINING AND OTHER RESOURCES. (a) Training and Educational Programs.--The Coordinator shall make available to States, units of local government, law enforcement agencies, and other concerned entities that are involved in initiating, facilitating, or promoting Silver Alert plans, including broadcasters, first responders, dispatchers, public safety communications personnel, and radio station personnel-- (1) training and educational programs related to the Silver Alert communication network and the capabilities, limitations, and anticipated behaviors of missing seniors, which shall be updated regularly to encourage the use of new tools, technologies, and resources in Silver Alert plans; and (2) informational materials, including brochures, videos, posters, and Web sites to support and supplement such training and educational programs. (b) Coordination.--The Coordinator shall coordinate-- (1) with the Assistant Secretary for Aging of the Department of Health and Human Services in developing the training and educational programs and materials under subsection (a); and (2) with the head of the Missing Alzheimer's Disease Patient Alert Program within the Department of Justice, to determine if any existing material with respect to training programs or educational materials developed or used as part of such Patient Alert Program are appropriate and may be used for the programs under subsection (a). SEC. 107. AUTHORIZATION OF APPROPRIATIONS FOR THE SILVER ALERT COMMUNICATIONS NETWORK. There are authorized to be appropriated to the Department of Justice such sums as may be necessary to carry out the Silver Alert communications network as authorized under this title. SEC. 108. GRANT PROGRAM FOR SUPPORT OF SILVER ALERT PLANS. (a) Grant Program.--Subject to the availability of appropriations to carry out this section, the Attorney General shall carry out a program to provide grants to States for the development and enhancement of programs and activities for the support of Silver Alert plans and the Silver Alert communications network. (b) Activities.--Activities funded by grants under the program under subsection (a) may include-- (1) the development and implementation of education and training programs, and associated materials, relating to Silver Alert plans; (2) the development and implementation of law enforcement programs, and associated equipment, relating to Silver Alert plans; (3) the development and implementation of new technologies to improve Silver Alert communications; and (4) such other activities as the Attorney General considers appropriate for supporting the Silver Alert communications network. (c) Federal Share.--The Federal share of the cost of any activities funded by a grant under the program under subsection (a) may not exceed 50 percent. (d) Distribution of Grants on Geographic Basis.--The Attorney General shall, to the maximum extent practicable, ensure the distribution of grants under the program under subsection (a) on an equitable basis throughout the various regions of the United States. (e) Administration.--The Attorney General shall prescribe requirements, including application requirements, for grants under the program under subsection (a). (f) Authorization of Appropriations.-- (1) There is authorized to be appropriated to the Department of Justice $5,000,000 for each of the fiscal years 2012 through 2014 to carry out this section and, in addition, $5,000,000 for each of the fiscal years 2012 through 2014 to carry out subsection (b)(3). (2) Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended. TITLE II--KRISTEN'S ACT REAUTHORIZATION SEC. 201. SHORT TITLE. This title may be cited as ``Kristen's Act Reauthorization of 2011''. SEC. 202. FINDINGS. Congress finds the following: (1) Every year thousands of adults become missing due to advanced age, diminished mental capacity, or foul play. Often there is no information regarding the whereabouts of these adults and many of them are never reunited with their families. (2) Missing adults are at great risk of both physical harm and sexual exploitation. (3) In most cases, families and local law enforcement officials have neither the resources nor the expertise to undertake appropriate search efforts for a missing adult. (4) The search for a missing adult requires cooperation and coordination among Federal, State, and local law enforcement agencies and assistance from distant communities where the adult may be located. (5) Federal assistance is urgently needed to help with coordination among such agencies. SEC. 203. GRANTS FOR THE ASSISTANCE OF ORGANIZATIONS TO FIND MISSING ADULTS. (a) Grants.-- (1) Grant program.--Subject to the availability of appropriations to carry out this section, the Attorney General shall make competitive grants to public agencies or nonprofit private organizations, or combinations thereof, to-- (A) maintain a national resource center and information clearinghouse for missing and unidentified adults; (B) maintain a national, interconnected database for the purpose of tracking missing adults who are determined by law enforcement to be endangered due to age, diminished mental capacity, or the circumstances of disappearance, when foul play is suspected or circumstances are unknown; (C) coordinate public and private programs that locate or recover missing adults or reunite missing adults with their families; (D) provide assistance and training to law enforcement agencies, State and local governments, elements of the criminal justice system, nonprofit organizations, and individuals in the prevention, investigation, prosecution, and treatment of cases involving missing adults; (E) provide assistance to families in locating and recovering missing adults; and (F) assist in public notification and victim advocacy related to missing adults. (2) Applications.--The Attorney General shall periodically solicit applications for grants under this section by publishing a request for applications in the Federal Register and by posting such a request on the Web site of the Department of Justice. (b) Other Duties.--The Attorney General shall-- (1) coordinate programs relating to missing adults that are funded by the Federal Government; and (2) encourage coordination between State and local law enforcement and public agencies and nonprofit private organizations receiving a grant pursuant to subsection (a). SEC. 204. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $4,000,000 for each of fiscal years 2012 through 2014.

National Silver Alert Act of 2011 - Directs the Attorney General to: (1) establish a national Silver Alert communications network within the Department of Justice (DOJ) to assist regional and local search efforts for missing seniors; (2) assign a DOJ officer to serve as the Silver Alert Coordinator to coordinate the network with states; and (3) award grants to states for support of Silver Alert plans and the network. Defines "missing senior" as any individual who is reported as missing to or by a law enforcement agency and who meets state requirements for designation as a missing senior. Directs the Coordinator to: (1) establish minimum standards for the issuance and dissemination of alerts issued through the network; and (2) make available to states, local governments, law enforcement agencies, and other concerned entities network training and information. Kristen's Act Reauthorization of 2011 - Directs the Attorney General to make competitive grants to public agencies and/or nonprofit private organizations to: (1) maintain a national resource center and database for tracking missing adults; and (2) provide assistance and to law enforcement agencies, families, and victim advocates in locating and recovering missing adults.

To encourage, enhance, and integrate Silver Alert plans throughout the United States, to authorize grants for the assistance of organizations to find missing adults, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``SNAP Standard Medical Expense Deduction Act of 2017''. SEC. 2. STANDARD MEDICAL EXPENSE DEDUCTION. Section 5(e)(5) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(5)) is amended-- (1) in the paragraph heading, by striking ``Excess medical'' and inserting ``Medical''; (2) by striking subparagraph (A) and inserting the following: ``(A) Standard medical deduction.-- ``(i) In general.--Subject to clause (ii), a household containing an elderly or disabled member shall be entitled, with respect to expenses other than expenses paid on behalf of the household by a third party-- ``(I) if the amount of actual costs of allowable medical expenses incurred by the elderly or disabled member for a month, exclusive of special diets, is equal to or greater than $35, to a standard medical deduction for each month of an amount equal to-- ``(aa) for fiscal year 2018, $140; and ``(bb) for fiscal year 2019 and each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers: Medical Care published by the Bureau of Labor Statistics of the Department of Labor; or ``(II) if the amount of actual costs of allowable medical expenses incurred by the elderly or disabled member for a month, exclusive of special diets, is greater than the sum of the amount of that standard medical deduction and $35, to a deduction equal to the amount of those actual costs. ``(ii) Effect on state authority to adjust standard medical deduction.--Nothing in this subparagraph precludes-- ``(I) a State that has an approved standard medical deduction as of the date of enactment of the SNAP Standard Medical Expense Deduction Act of 2017 in an amount that is greater than the amount of the standard medical deduction described in item (aa) or (bb) of clause (i)(I), as applicable, from continuing in effect that standard medical deduction; or ``(II) the Secretary from approving a standard medical deduction in an amount that is greater than the amount of the standard medical deduction described in item (aa) or (bb) of clause (i)(I), as applicable.''; and (3) in subparagraph (B)-- (A) in the subparagraph heading, by inserting ``actual costs'' before ``deduction''; and (B) in clause (i), by striking ``excess medical expense deduction'' and inserting ``actual costs deduction described in clause (i)(II) of that subparagraph''. SEC. 3. REPORTS AND STUDIES. (a) State Performance on Enrolling Eligible Seniors and Individuals With Disabilities in Low-Income Health and Nutrition Benefits.--Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended by adding at the end the following: ``(m) State Performance on Enrolling Eligible Seniors and Individuals With Disabilities in Low-Income Health and Nutrition Benefits.-- ``(1) Definitions.--In this subsection: ``(A) Covered program.--The term `covered program' means-- ``(i) the supplemental nutrition assistance program; ``(ii) the Medicare part D low-income subsidy under section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114); and ``(iii) the Medicare Savings Program, as defined in section 1144(c)(7) of the Social Security Act (42 U.S.C. 1320b-14(c)(7)). ``(B) Disabled individual.--The term `disabled individual' means a member of a household described in any of paragraphs (2) through (7) of section 3(j). ``(C) Elderly individual.--The term `elderly individual' means a member of a household who is not less than 60 years old. ``(2) Reports.-- ``(A) In general.--Not later than June 30, 2018, and June 30 of each year thereafter, the Secretary, in collaboration with the Secretary of Health and Human Services and the Commissioner of Social Security, shall submit to the committees described in subparagraph (B) a report that assesses the effectiveness of each State in enrolling eligible elderly individuals and disabled individuals in each covered program. ``(B) Committees described.--The committees referred to in subparagraph (A) are-- ``(i) of the House of Representatives-- ``(I) the Committee on Agriculture; ``(II) the Committee on Ways and Means; and ``(III) the Committee on Energy and Commerce; and ``(ii) of the Senate-- ``(I) the Committee on Agriculture, Nutrition, and Forestry; and ``(II) the Committee on Finance. ``(3) Specific measures.--The report submitted under paragraph (2)(A) shall include, with respect to the previous fiscal year-- ``(A) an estimate of the number of elderly individuals and the number of disabled individuals, by State, who were eligible for each covered program; ``(B) an estimate of the number of elderly individuals and the number of disabled individuals, by State, who participated in each covered program; ``(C) an estimate of the number of elderly individuals and the number of disabled individuals who were eligible for all 3 covered programs; ``(D) an estimate of the number of elderly individuals and the number of disabled individuals who participated in all 3 covered programs; and ``(E) an estimate of-- ``(i) the number of individuals whose eligibility for each covered program was initiated through an application with the Social Security Administration; ``(ii) the number of individuals described in clause (i) who qualified for each covered program; and ``(iii) the number of individuals described in clause (i) who participated in each covered program. ``(4) Performance innovations.--The report submitted under paragraph (2)(A) shall include a description of best practices of 1 or more States with the best performances for that fiscal year, or the most improved performances from the previous fiscal year, under each of the measures described in paragraph (3).''. (b) Studies on Disability and Food Insecurity.--Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) (as amended by subsection (a)) is amended by adding at the end the following: ``(n) Studies on Disability and Food Insecurity.-- ``(1) Definition of disabled individual.-- ``(A) In general.--In this subsection, the term `disabled individual' means a member of a household described in any of paragraphs (2) through (7) of section 3(j). ``(B) Inclusions.--In this subsection, the term `disabled individual' includes a member of a household who, as determined by the Secretary-- ``(i) is not considered disabled under subparagraph (A); but ``(ii) has a physical, mental, or sensory condition that limits the daily activities of the individual. ``(2) Studies.--The Secretary-- ``(A) shall carry out a study-- ``(i) on the relationship between disability and food insecurity for disabled individuals; ``(ii) on the effectiveness of Federal food assistance programs in responding to the causes of food insecurity in households with disabled individuals; and ``(iii) making recommendations for how Federal food assistance programs could be improved to better meet the needs of households with disabled individuals; and ``(B) in collaboration with the Civil Rights Division of the Department of Justice, shall carry out a study on the best practices of States in complying with-- ``(i) section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) regarding practices to avoid discrimination on the basis of disability, such as through provision of reasonable accommodations, in carrying out Federal food assistance programs; and ``(ii) section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) regarding the comprehensive use of adaptive technologies for disabled individuals in accessing Federal food assistance programs. ``(3) Report.--Not later than 1 year after the date on which the studies are completed under paragraph (2), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the studies, including such recommendations as the Secretary considers appropriate.''. (c) Report on Standard Medical Deduction.--Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) (as amended by subsection (b)) is amended by adding at the end the following: ``(o) Report on Standard Medical Deduction.--Not later than 2 years after the date of enactment of the SNAP Standard Medical Expense Deduction Act of 2017, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that-- ``(1) identifies which States were most effective at increasing the use by individuals in the State of the standard medical deduction authorized under section 5(e)(5)(A) during the period covered by the report; and ``(2) provides an assessment of which factors were important in increasing the use of the standard medical deduction by individuals in the States identified under paragraph (1).''.

SNAP Standard Medical Expense Deduction Act of 2017 This bill amends the Food and Nutrition Act of 2008 to allow households containing an elderly or disabled member to use a standard medical expense deduction for calculating income to apply for Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) benefits. If the amount of actual costs of allowable medical expenses incurred by the elderly or disabled member for a month, exclusive of special diets, is equal to or greater than $35, the standard medical deduction for each month is: (1) $140 for FY2018, and (2) the preceding year's amount with a specified adjustment for inflation for FY2019 and each subsequent year. If the monthly costs are greater than the sum of the standard medical deduction and $35, the household may deduct the actual costs. The Department of Agriculture (USDA) may approve a standard medical deduction that is higher than the amount required by this bill. USDA must submit specified studies and reports to Congress regarding: (1) state performance in enrolling disabled and elderly individuals in SNAP and specified Medicare programs, (2) disability and food insecurity, and (3) the effectiveness of the standard medical deduction.

SNAP Standard Medical Expense Deduction Act of 2017

SECTION 1. SHORT TITLE AND REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Medicare and Medicaid Payment Integrity Act of 1995''. (b) References in Act.--The amendments in this Act apply to the Social Security Act unless otherwise specifically stated. SEC. 2. FINDING AND STATEMENT OF PURPOSES. (a) Finding.--The Congress finds that the cost of fraud and abuse of health care services is a significant part of every dollar spent on those services. (b) Purposes.--It is the purpose of this Act to direct the Secretary of Health and Human Services to move aggressively and broadly against these drains on Federal and State health care resources, and to provide a new, cost-effective source of funding for the benefit quality assurance program. SEC. 3. FRAUD AND ABUSE CONTROL FUND. (a) In General.--Part A of title XI is amended by adding at the end the following: ``fraud and abuse control fund ``Sec. 1145. (a) The Secretary shall, directly or through contractual or other arrangements and with appropriate coordination with the States, take all steps necessary to assure the accuracy of payments from the trust funds established under title XVIII (referred to herein as the `Medicare Trust Funds') and the appropriation for payments to States to carry out title XIX (referred to herein as the `Medicaid appropriation') and otherwise assure the appropriateness of expenditures from such Funds and such appropriation. To carry out this responsibility, the Secretary shall place particular emphasis on the development of and experimentation with innovative or rigorous techniques and approaches to identifying, investigating, and eliminating fraudulent or abusive practices that burden the Medicare Trust Funds or the Medicaid appropriation. ``(b) To provide a reliable source of funding to support the Secretary's activities under subsection (a) and encourage cost- effective innovation, there is established in the Treasury of the United States a fund to be known as the `HHS Fraud and Abuse Control Fund' (referred to herein as the `Fund'). ``(c) There shall be deposited in the Fund-- ``(1) that portion of amounts recovered in relation to section 1128A arising out of a claim under title XIX or title XVIII as remains after application of subsection (f)(1) (pertaining to reimbursement of a State's share of recoveries relating to title XIX) or subsection (f)(2) (relating to repayment of the Medicare Trust Funds) of that section, as may be applicable, ``(2) payments made pursuant to a court or administrative order or voluntary settlement agreement to reimburse for all or part of the costs of investigations, audits, and monitoring of compliance plans, conducted by the Department of Health and Human Services that relate to the programs under title XVIII or XIX, and ``(3) penalties and damages imposed (other than funds awarded to a relator or for restitution) under sections 3729 through 3732 of title 31, United States Code (pertaining to false claims) in cases involving claims relating to programs under title XVIII or XIX (to the extent the amounts deposited in the Fund under paragraphs (1) and (2) in a fiscal year are less than $2,000,000). ``(d) Amounts deposited in the Fund shall be available to the Secretary (without the necessity for any provision therefor in appropriations Acts) until expended for payment of expenses incurred in carrying out subsection (a). ``(e) No more than $2,000,000 may be deposited in the Fund in any fiscal year.''. (b) Initial Deposit in HHS Fraud and Abuse Control Fund.--There is authorized to be appropriated for fiscal year 1996 an amount (to be deposited in the HHS Fraud and Abuse Control Fund established by section 1145(b) of the Social Security Act) for the initial implementation of activities under section 1145(a) of that Act (subject to section 1145(e) of that Act). (c) Conforming Amendment.--Section 1128A(f) (42 U.S.C. 1320a-7a(f)) is amended-- (1) by renumbering paragraph (3) as paragraph (4), and (2) by inserting after paragraph (2) the following: ``(3) Additional amounts (subject to section 1145(e)) shall be deposited in the HHS Fraud and Abuse Control Fund established by section 1145(b).''. (d) Effective Date.--Sections 1145(c) and 1128A(f)(3) of the Social Security Act (as enacted and amended by subsections (a) and (c) of this section) apply to amounts recovered, payments made, and penalties and damages imposed, after fiscal year 1995. SEC. 4. MEDICARE BENEFIT QUALITY ASSURANCE PROGRAM. (a) In General.--Part C of title XVIII is amended by inserting after section 1888 the following new section: ``benefit quality assurance program ``Sec. 1889. (a)(1) In order to improve the effectiveness of benefit quality assurance activities relating to programs under this title, and to enhance the Secretary's capability to carry out program safeguard functions and related education activities to avoid the improper expenditure of assets of the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, the Secretary shall enter into contracts with organizations or other entities having demonstrated capability to carry out one or more of the functions specified in subsection (e). The provisions of sections 1816 and 1842 shall be inapplicable to contracts under this section. The requirements of sections 1816 and 1842 relating to activities to be carried out instead through a contract under this section shall be deemed to have been met by such contract. ``(2) The Secretary shall determine the number of separate contracts which are necessary to achieve, with the maximum degree of efficiency and cost effectiveness, the objectives of this section. The Secretary may enter into contracts under this section at such time or times as are appropriate so long as not later than the fiscal year beginning October 1, 1998, and for each fiscal year thereafter, there are in effect contracts that, considered collectively, provide for benefit quality assurance activities with respect to all payments under this title. ``(b) A benefit quality assurance contract required under subsection (a) must provide for one or more benefit quality assurance program activities. Each such contract shall include an agreement by the contractor to cooperate with the Inspector General of the Department of Health and Human Services, and the Attorney General of the United States, and other law enforcement agencies, as appropriate, in the investigation and deterrence of fraud and abuse in relation to this title and in other cases arising out of the activities described in subsection (e), and shall contain such other provisions as the Secretary finds necessary or appropriate to achieve the purposes of this part. The provisions of section 1153(e)(1) shall apply to contracts and contracting authority under this section, except that competitive procedures must be used when entering into new contracts under this section, or at any other time when it is in the best interests of the Government. A contract under this section may be renewed from term to term without regard to any provision of law requiring competition if the contractor has met or exceeded the performance requirements established in the current contract. ``(c)(1) In carrying out this section, the Secretary may not enter into a contract with an organization or other entity if the Secretary determines that such organization's or entity's financial holdings, interests, or relationships would interfere with its ability to perform the functions to be required by the contract in an effective and impartial manner. ``(2) The Secretary shall by regulation provide for the limitation of a contractor's liability for actions taken to carry out a contract under this section, and such regulation shall, to the extent the Secretary finds appropriate, employ the same or comparable standards and other substantive and procedural provisions as are contained in section 1157. ``(d) Obligations incurred for benefit quality assurance program activities shall be paid from amounts available for expenditure in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, in such amounts as the Secretary shall deem fair and equitable after taking into consideration the expenses attributable to each of the programs under this title, but such obligations shall not exceed, in the aggregate, $396,000,000 for each of the fiscal years 1996, 1997, and 1998, $408,000,000 for fiscal year 1999, and $426,000,000 for fiscal year 2000. The Secretary shall make such transfers of moneys between those funds as may be appropriate to settle accounts between them in cases where expenses properly payable from one fund have been paid from the other fund. ``(e) For purposes of this section, benefit quality assurance program activities consist of the following: ``(1) Review of activities of providers of services or other persons in connection with this title, including medical and utilization review and fraud review. ``(2) Audit of cost reports. ``(3) Determinations as to whether payment should not be, or should not have been, made under this title by reason of section 1862(b), and recovery of payments that should not have been made. ``(4) Education of providers of services, beneficiaries, and other persons with respect to payment integrity and benefit quality assurance issues.''. (b) Effective Date.--The amendment made by subsection (a) applies to obligations incurred after fiscal year 1995. SEC. 5. REDUCTION IN DISCRETIONARY SPENDING LIMITS. Section 601(a)(2)(F) of the Congressional Budget Act of 1974 is amended by inserting before the semicolon the following: ``, and reduced by $398,000,000 in new budget authority and $366,160,000 in outlays with respect to fiscal year 1996, by $398,000,000 in new budget authority and $384,181,000 in outlays with respect to fiscal year 1997, and by $398,000,000 in new budget authority and $392,003,000 in outlays with respect to fiscal year 1998''.

Medicare and Medicaid Payment Integrity Act of 1995 - Amends part A of title XI of the Social Security Act to establish in the Treasury the HHS Fraud and Abuse Control Fund containing various specified penalties and damages imposed under Federal law, as well as certain other amounts, to combat fraud and abuse under the Medicare and Medicaid programs under titles XVIII and XIX of the Social Security Act. Authorizes appropriations. Provides for a benefit quality assurance program under the Medicare program for reviewing the activities of service providers and others, auditing cost reports, and other specified activities. Amends the Congressional Budget Act of 1974 to provide for various specified reductions in discretionary spending limits over a three year period.

Medicare and Medicaid Payment Integrity Act of 1995

SECTION 1. AUTHORITY TO IMPOSE SECONDARY MARKET FEES. (a) Section 5(g) of the Small Business Act (15 U.S.C. 634) is amended by striking paragraph (4) and by inserting in lieu thereof the following: ``(4) The Administration may collect the following fees for loan guarantees sold into the secondary market pursuant to the provisions of subsection (f): an amount equal to (A) not more than .4 percent per year on the outstanding balance of such loan guaranteed by the Administration, and (B) not more than 50 percent of that portion of the sale price which is in excess of 110 percent of the outstanding principal amount of such loan guaranteed by the Administration. Any such fees imposed by the Administration shall be collected by the agent which carries out on behalf of the Administration the central registration functions required by subsection (h) of this section and shall be paid to the Administration and used solely to reduce the subsidy on loans guaranteed under section 7(a) of this Act: Provided, That such fees shall not be charged to the borrower whose loan is guaranteed: and, Provided further, That nothing herein shall preclude any agent of the Administration from collecting a fee approved by the Administration for the functions described in subsection (h)(2).''. (b) Any new fees imposed by the Administration pursuant to the authority conferred by subsection (a) shall be applicable only to loans initially sold in the secondary market pursuant to the provisions of section 5(f) of the Small Business Act after August 31, 1993. SEC. 2. AUTHORITY TO REDUCE LOAN GUARANTEE PERCENTAGES. (a) Section 7(a)(2) of the Small Business Act (15 U.S.C. 636) is amended-- (1) by striking from the end of clause (B)(i) the word ``and'' and by redesignating clause (B)(ii) as (B)(iv) and by inserting the following after clause (B)(i): ``(ii) not less than 75 percent of the financing outstanding at the time of disbursement, if such financing is more than $155,000 and the period of maturity of such financing is more than 10 years, except that the participation by the Administration may be reduced below 75 percent upon request of the participating lender; ``(iii) not less than 85 percent of the financing outstanding at the time of disbursement, if such financing is more than $155,000 and the period of maturity of such financing is 10 years or less, except that the participation by the Administration may be reduced below 85 percent upon request of the participating lender; and''; (2) by striking the words ``85 percent under subparagraph (B)'' and by inserting in lieu thereof the following: ``the above specified percentums''; (3) by striking from paragraph (B) the words ``not less than 80 percent, except upon'' and by inserting in lieu thereof the following: ``not less than 70 percent, unless a lesser percent is required by clause (B)(ii) or upon the''; and (4) by inserting after the third sentence the following: ``The maximum interest rate for a loan guaranteed under the Preferred Lenders Program shall not exceed the maximum interest rate, as determined by the Administration, which is made applicable to other loan guarantees under section 7(a).''. (b) The amendments made by subsection (a) shall be effective September 1, 1993, but shall not be applicable to loan guarantee applications received by the Administration prior to August 21, 1993. SEC. 3. STUDY AND REPORT. The Administration shall study, monitor and evaluate the impact of the amendments made by sections 1 and 2 of this Act on the ability of small business concerns and small business concerns owned and controlled by minorities and women, to obtain financing and the impact of such sections on the effectiveness, viability and growth of the secondary market authorized by section 5(f) of the Small Business Act. Not later than 16 months after the date of enactment, and annually thereafter, the Administration shall submit to the Committees on Small Business of the Senate and the House of Representatives a report containing the Administration's findings and recommendations on such impact, specifically including changes in the interest rates on financings provided to small business concerns and small business concerns owned and controlled by minorities and women, through the use of the secondary market. The Administration shall segregate such findings and recommendations in the study according to the ethnic and gender components in these categories. Solely for the purposes of the study authorized herein, the term ``small business concerns owned and controlled by minorities'', includes businesses owned and controlled by individuals belonging to one of the designated groups listed in section 8(d)(3)(C) of the Small Business Act. SEC. 4. REPEALER. Sections 1 and 2 of this Act are hereby repealed on September 30, 1996. Passed the House of Representatives August 2, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Amends the Small Business Act to temporarily authorize the Small Business Administration (SBA) to collect a fee for loan guarantees sold into the secondary market. Requires all fees so collected to be used solely to reduce the subsidy on such guaranteed loans. Applies such fees to loans sold into secondary markets after August 31, 1993. Authorizes the SBA to temporarily reduce the guarantee percentage of loans exceeding $155,000 and having a maturity period of more than ten years. Directs the SBA to study, monitor, and evaluate the impact of amendments made by this Act on the ability of small businesses, and small businesses owned and controlled by minorities and women, to obtain financing and on the effectiveness, viability, and growth of the secondary loan market authorized under the Small Business Act. Requires a report. Repeals provisions of this Act concerning reduced loan guarantees on September 30, 1996.

To amend the 7(a) Loan Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoration of Freedom of Information Act of 2003''. SEC. 2. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL INFORMATION. Title II of the Homeland Security Act of 2002 (Public Law 107-296) is amended by striking subtitle B and inserting the following: ``Subtitle B--Protection of Voluntarily Furnished Confidential Information ``SEC. 211. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL INFORMATION. ``(a) Definitions.--In this section: ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given that term in section 1016(e) of the USA PATRIOT ACT of 2001 (42 U.S.C. 5195c(e)). ``(2) Furnished voluntarily.-- ``(A) Definition.--The term `furnished voluntarily' means a submission of a record that-- ``(i) is made to the Department in the absence of authority of the Department requiring that record to be submitted; and ``(ii) is not submitted or used to satisfy any legal requirement or obligation or to obtain any grant, permit, benefit (such as agency forbearance, loans, or reduction or modifications of agency penalties or rulings), or other approval from the Government. ``(B) Benefit.--In this paragraph, the term `benefit' does not include any warning, alert, or other risk analysis by the Department. ``(b) In General.--Notwithstanding any other provision of law, a record pertaining to the vulnerability of and threats to critical infrastructure (such as attacks, response, and recovery efforts) that is furnished voluntarily to the Department shall not be made available under section 552 of title 5, United States Code, if-- ``(1) the provider would not customarily make the record available to the public; and ``(2) the record is designated and certified by the provider, in a manner specified by the Department, as confidential and not customarily made available to the public. ``(c) Records Shared With Other Agencies.-- ``(1) In general.-- ``(A) Response to request.--An agency in receipt of a record that was furnished voluntarily to the Department and subsequently shared with the agency shall, upon receipt of a request under section 552 of title 5, United States Code, for the record-- ``(i) not make the record available; and ``(ii) refer the request to the Department for processing and response in accordance with this section. ``(B) Segregable portion of record.--Any reasonably segregable portion of a record shall be provided to the person requesting the record after deletion of any portion which is exempt under this section. ``(2) Disclosure of independently furnished records.-- Notwithstanding paragraph (1), nothing in this section shall prohibit an agency from making available under section 552 of title 5, United States Code, any record that the agency receives independently of the Department, regardless of whether or not the Department has a similar or identical record. ``(d) Withdrawal of Confidential Designation.--The provider of a record that is furnished voluntarily to the Department under subsection (b) may at any time withdraw, in a manner specified by the Department, the confidential designation. ``(e) Procedures.--The Secretary shall prescribe procedures for-- ``(1) the acknowledgement of receipt of records furnished voluntarily; ``(2) the designation, certification, and marking of records furnished voluntarily as confidential and not customarily made available to the public; ``(3) the care and storage of records furnished voluntarily; ``(4) the protection and maintenance of the confidentiality of records furnished voluntarily; and ``(5) the withdrawal of the confidential designation of records under subsection (d). ``(f) Effect on State and Local Law.--Nothing in this section shall be construed as preempting or otherwise modifying State or local law concerning the disclosure of any information that a State or local government receives independently of the Department. ``(g) Report.-- ``(1) Requirement.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the committees of Congress specified in paragraph (2) a report on the implementation and use of this section, including-- ``(A) the number of persons in the private sector, and the number of State and local agencies, that furnished voluntarily records to the Department under this section; ``(B) the number of requests for access to records granted or denied under this section; and ``(C) such recommendations as the Comptroller General considers appropriate regarding improvements in the collection and analysis of sensitive information held by persons in the private sector, or by State and local agencies, relating to vulnerabilities of and threats to critical infrastructure, including the response to such vulnerabilities and threats. ``(2) Committees of congress.--The committees of Congress specified in this paragraph are-- ``(A) the Committees on the Judiciary and Governmental Affairs of the Senate; and ``(B) the Committees on the Judiciary and Government Reform and Oversight of the House of Representatives. ``(3) Form.--The report shall be submitted in unclassified form, but may include a classified annex.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENT. The table of contents for the Homeland Security Act of 2002 (Public Law 107-296) is amended by striking the matter relating to subtitle B of title II and inserting the following: ``Subtitle B--Protection of Voluntarily Furnished Confidential Information. ``Sec. 211. Protection of Voluntarily Furnished Confidential Information.''.

Restoration of Freedom of Information Act of 2003 - Amends the Homeland Security Act of 2002 to prohibit a record pertaining to the vulnerability of and threats to critical infrastructure that is furnished voluntarily to the Department of Homeland Security from being made available to the public under the Freedom of Information Act if: (1) the provider would not customarily make the record available to the public; and (2) the record is designated and certified by the provider as confidential and not customarily made available to the public. Prohibits other Federal agencies in receipt of such a record furnished to the Department from making the record publicly available. Allows a provider to withdraw the confidential designation of a record at any time.

A bill to amend the Homeland Security Act of 2002 (Public Law 107-296) to provide for the protection of voluntarily furnished confidential information, and for other purposes.

SECTION 1. ENERGY EFFICIENCY RETROFIT PILOT PROGRAM. (a) Definitions.--In this section: (1) Applicant.--The term ``applicant'' means a nonprofit organization that applies for a grant under this section. (2) Energy-efficiency improvement.-- (A) In general.--The term ``energy-efficiency improvement'' means an installed measure (including a product, equipment, system, service, or practice) that results in a reduction in use by a nonprofit organization for energy or fuel supplied from outside the nonprofit building. (B) Inclusions.--The term ``energy-efficiency improvement'' includes an installed measure described in subparagraph (A) involving-- (i) repairing, replacing, or installing-- (I) a roof or lighting system, or component of a roof or lighting system; (II) a window; (III) a door, including a security door; or (IV) a heating, ventilation, or air conditioning system or component of the system (including insulation and wiring and plumbing improvements needed to serve a more efficient system); (ii) a renewable energy generation or heating system, including a solar, photovoltaic, wind, geothermal, or biomass (including wood pellet) system or component of the system; and (iii) any other measure taken to modernize, renovate, or repair a nonprofit building to make the nonprofit building more energy efficient. (3) Nonprofit building.-- (A) In general.--The term ``nonprofit building'' means a building operated and owned by a nonprofit organization. (B) Inclusions.--The term ``nonprofit building'' includes a building described in subparagraph (A) that is-- (i) a hospital; (ii) a youth center; (iii) a school; (iv) a social-welfare program facility; (v) a faith-based organization; and (vi) any other nonresidential and noncommercial structure. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a pilot program to award grants for the purpose of retrofitting nonprofit buildings with energy-efficiency improvements. (c) Grants.-- (1) In general.--The Secretary may award grants under the program established under subsection (b). (2) Application.--The Secretary may award a grant under this section if an applicant submits to the Secretary an application at such time, in such form, and containing such information as the Secretary may prescribe. (3) Criteria for grant.--In determining whether to award a grant under this section, the Secretary shall apply performance-based criteria, which shall give priority to applications based on-- (A) the energy savings achieved; (B) the cost-effectiveness of the energy-efficiency improvement; (C) an effective plan for evaluation, measurement, and verification of energy savings; (D) the financial need of the applicant; and (E) the percentage of the matching contribution by the applicant. (4) Limitation on individual grant amount.--Each grant awarded under this section shall not exceed-- (A) an amount equal to 50 percent of the energy- efficiency improvement; and (B) $200,000. (5) Cost sharing.-- (A) In general.--A grant awarded under this section shall be subject to a minimum non-Federal cost-sharing requirement of 50 percent. (B) In-kind contributions.--The non-Federal share may be provided in the form of in-kind contributions of materials or services. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2016 through 2020, to remain available until expended. (e) Offset.--Section 422(f) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082(f)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking ``through 2018.'' and inserting ``and 2014;''; and (3) by adding at the end the following: ``(5) $150,000,000 for fiscal year 2015; and ``(6) $200,000,000 for each of fiscal years 2016 through 2018.''.

This bill directs the Department of Energy to establish a pilot program to award matching grants for nonprofit organizations to retrofit their buildings with energy-efficiency improvements. This bill amends the Energy Independence and Security Act of 2007 to decrease the amount of appropriations authorized in FY2015 for the Zero Net Energy Commercial Buildings Initiative.

A bill to require the Secretary of Energy to establish an energy efficiency retrofit pilot program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Business Development Enhancement Act of 2009''. SEC. 2. OFFICE OF NATIVE AMERICAN AFFAIRS; TRIBAL BUSINESS INFORMATION CENTERS PROGRAM. (a) Associate Administrator.--Section 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended-- (1) by striking ``five Associate Administrators'' and inserting ``six Associate Administrators''; and (2) by inserting after ``vested in the Administration.'' the following: ``One such Associate Administrator shall be the Associate Administrator for Native American Affairs, who shall administer the Office of Native American Affairs established under section 44.''. (b) Establishment.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 44 as section 45; and (2) by inserting after section 43 the following: ``SEC. 44. OFFICE OF NATIVE AMERICAN AFFAIRS AND TRIBAL BUSINESS INFORMATION CENTERS PROGRAM. ``(a) Office of Native American Affairs.-- ``(1) Establishment.--There is established in the Administration an Office of Native American Affairs (hereinafter referred to in this subsection as the `Office'). ``(2) Associate administrator.--The Office shall be administered by an Associate Administrator appointed under section 4(b)(1). ``(3) Responsibilities.--The Office shall have the following responsibilities: ``(A) Developing and implementing tools and strategies to increase Native American entrepreneurship. ``(B) Expanding the access of Native American entrepreneurs to business training, financing, and Federal small business contracts. ``(C) Expanding outreach to Native American communities and marketing entrepreneurial development services to such communities. ``(D) Representing the Administration with respect to Native American economic development matters. ``(4) Coordination and oversight function.--The Office shall provide oversight with respect to and assist the implementation of all Administration initiatives relating to Native American entrepreneurial development. ``(5) Authorization of appropriations.--To carry out this subsection, there is authorized to be appropriated to the Administrator $2,000,000 for each of fiscal years 2010 and 2011. ``(b) Tribal Business Information Centers Program.-- ``(1) Establishment.--The Administrator is authorized to operate, alone or in coordination with other Federal departments and agencies, a Tribal Business Information Centers program that provides Native American populations with business training and entrepreneurial development assistance. ``(2) Designation of centers.--The Administrator shall designate entities as centers under the Tribal Business Information Centers program. ``(3) Administration support.--The Administrator may contribute agency personnel and resources to the centers designated under paragraph (2) to carry out this subsection. ``(4) Grant program.--The Administrator is authorized to make grants of not more than $300,000 to centers designated under paragraph (2) for the purpose of providing Native Americans the following: ``(A) Business workshops. ``(B) Individualized business counseling. ``(C) Entrepreneurial development training. ``(D) Access to computer technology and other resources to start or expand a business. ``(5) Regulations.--The Administrator shall by regulation establish a process for designating centers under paragraph (2) and making the grants authorized under paragraph (4). ``(6) Definition of administrator.--In this subsection, the term `Administrator' means the Administrator, acting through the Associate Administrator administering the Office of Native American Affairs. ``(7) Authorization of appropriations.--To carry out this subsection, there is authorized to be appropriated to the Administrator $15,000,000 for fiscal year 2010 and $17,000,000 for fiscal year 2011. ``(c) Definition of Native American.--The term `Native American' means an Indian tribe member, Alaska Native, or Native Hawaiian as such are defined in section 21(a)(8) of this Act.''. SEC. 3. SMALL BUSINESS DEVELOPMENT CENTER ASSISTANCE TO INDIAN TRIBE MEMBERS, ALASKA NATIVES, AND NATIVE HAWAIIANS. (a) In General.--Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end the following: ``(8) Additional grant to assist indian tribe members, alaska natives, and native hawaiians.-- ``(A) In general.--Any applicant in an eligible State that is funded by the Administration as a Small Business Development Center may apply for an additional grant to be used solely to provide services described in subsection (c)(3) to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions owned by Indian tribe members, Alaska Natives, and Native Hawaiians. ``(B) Eligible states.--For purposes of subparagraph (A), an eligible State is a State that has a combined population of Indian tribe members, Alaska Natives, and Native Hawaiians that comprises at least 1 percent of the State's total population, as shown by the latest available census. ``(C) Grant applications.--An applicant for a grant under subparagraph (A) shall submit to the Administration an application that is in such form as the Administration may require. The application shall include information regarding the applicant's goals and objectives for the services to be provided using the grant, including-- ``(i) the capability of the applicant to provide training and services to a representative number of Indian tribe members, Alaska Natives, and Native Hawaiians; ``(ii) the location of the Small Business Development Center site proposed by the applicant; ``(iii) the required amount of grant funding needed by the applicant to implement the program; and ``(iv) the extent to which the applicant has consulted with local tribal councils. ``(D) Applicability of grant requirements.--An applicant for a grant under subparagraph (A) shall comply with all of the requirements of this section, except that the matching funds requirements under paragraph (4)(A) shall not apply. ``(E) Maximum amount of grants.--No applicant may receive more than $300,000 in grants under this paragraph for any fiscal year. ``(F) Regulations.--After providing notice and an opportunity for comment and after consulting with the Association recognized by the Administration pursuant to paragraph (3)(A) (but not later than 180 days after the date of enactment of this paragraph), the Administration shall issue final regulations to carry out this paragraph, including regulations that establish-- ``(i) standards relating to educational, technical, and support services to be provided by Small Business Development Centers receiving assistance under this paragraph; and ``(ii) standards relating to any work plan that the Administration may require a Small Business Development Center receiving assistance under this paragraph to develop. ``(G) Advice of local tribal organizations.--A Small Business Development Center receiving a grant under this paragraph shall request the advice of a tribal organization on how best to provide assistance to Indian tribe members, Alaska Natives, and Native Hawaiians and where to locate satellite centers to provide such assistance. ``(H) Definitions.--In this paragraph, the following definitions apply: ``(i) Indian lands.--The term `Indian lands' has the meaning given the term `Indian country' in section 1151 of title 18, United States Code, the meaning given the term `Indian reservation' in section 151.2 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this paragraph), and the meaning given the term `reservation' in section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903). ``(ii) Indian tribe.--The term `Indian tribe' means any band, nation, or organized group or community of Indians located in the contiguous United States, and the Metlakatla Indian Community, whose members are recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians. ``(iii) Indian tribe member.--The term `Indian tribe member' means a member of an Indian tribe (other than an Alaska Native). ``(iv) Alaska native.--The term `Alaska Native' has the meaning given the term `Native' in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)). ``(v) Native hawaiian.--The term `Native Hawaiian' means any individual who is-- ``(I) a citizen of the United States; and ``(II) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii. ``(vi) Tribal organization.--The term `tribal organization' has the meaning given that term in section 4(l) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(l)). ``(I) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $7,000,000 for each of fiscal years 2010 and 2011. ``(J) Funding limitations.-- ``(i) Nonapplicability of certain limitations.--Funding under this paragraph shall be in addition to the dollar program limitations specified in paragraph (4). ``(ii) Limitation on use of funds.--The Administration may carry out this paragraph only with amounts appropriated in advance specifically to carry out this paragraph.''. Passed the House of Representatives November 19, 2009. Attest: LORRAINE C. MILLER, Clerk.

Native American Business Development Enhancement Act of 2009 - Amends the Small Business Act to establish in the Small Business Administration (SBA) the Office of Native American Affairs, administered by a new SBA Associate Administrator, to increase Native American entrepreneurship. Authorizes appropriations. Authorizes the SBA's Administrator (acting through the Associate Administrator) to: (1) operate a Tribal Business Information Centers program that provides Native American populations with business training and entrepreneurial development assistance; (2) designate entities as Centers; (3) contribute agency personnel and resources to the centers; and (4) make grants to the centers. Authorizes appropriations. Allows any eligible Center to apply for an additional grant to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions owned by Indian tribe members, Alaska Natives, and Native Hawaiians. Requires, to be eligible, that the Center be in a state in which the combined Indian Tribe members, Alaska Natives, and Native Hawaiians make up at least one percent of the state's total population. Authorizes appropriations.

To amend the Small Business Act to expand and improve the assistance provided to Indian tribe members, Alaska Natives, and Native Hawaiians, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Energy Cut the Red Tape Now Act of 2008''. SEC. 2. FINDINGS. The Congress finds the following: (1) Gas prices have skyrocketed to record high levels and are negatively impacting America's economy, consumers, and businesses. (2) In July 2006, the average price of gas in the United States was $2.98 per gallon and the price of a barrel of oil was $68.86. (3) As of July 1, 2008, the average price of gasoline in the United States was $4.07 per gallon and the price of a barrel of oil was $142.00. (4) The United States currently imports from foreign nations over 60 percent of all crude oil, gasoline, and diesel fuel consumed by Americans annually. (5) The Minerals Management Service has estimated that 88.85 billion barrels of oil are available in the Outer Continental Shelf (OCS) areas of the Pacific Ocean, Atlantic Ocean, Gulf of Mexico, and Alaska, yet over 80 percent of the OCS is under Federal leasing moratorium. (6) The United States Geological Survey estimates that there are 16 billion barrels of recoverable oil in the Arctic National Wildlife Refuge (ANWR). (7) The Bureau of Land Management estimates that the United States holds the world's largest known unconventional oil source, known as oil shale, and that more than 70 percent of American oil shale lies on Federal land, primarily in Colorado, Utah, and Wyoming. (8) These Federal lands contain an estimated 1.23 trillion barrels of oil, which is more than 50 times the Nation's proven conventional oil reserves. (9) There are currently no unconventional fuels leasing programs operating in the United States that would allow oil and gas companies to explore and drill for oil. (10) The Federal Government could open land in Colorado, Utah, and Wyoming for oil exploration and the United States could offset all of its imports from Saudi Arabia according to Bureau of Land Management statistics. (11) There has not been a new oil refinery built in the United States since 1981 and between 1980 and 2006 over half of existing United States refineries closed. (12) The current bureaucratic permitting process to drill for oil and gas contributes to extensive delays in exploring United States natural resources. (13) It has been estimated that it takes seven years and an average of $5,000,000,000 for one offshore platform to be built and permitted before natural gas or oil is produced. SEC. 3. TERMINATION OR WAIVER OF RESTRICTIONS ON LEASING FOR EXPLORATION, DEVELOPMENT, AND PRODUCTION OF OIL, GAS, AND OIL SHALE DURING PERIOD OF HIGH OIL PRICES. (a) Termination of Statutory Prohibitions.--Any Federal law that prohibits the leasing of Federal Outer Continental Shelf, Bureau of Land Management, or National Forest lands or Federal submerged lands for exploration, development, or production of oil, gas, or oil shale, that withdraws such lands from such leasing, or that prohibits the expenditure of Federal funds for such leasing, shall have no force or effect. (b) Waiver of Permit Requirements.--The Secretary of the Interior-- (1) may waive the application of any provision of Federal law that requires a permit to engage in drilling for oil or gas under a lease of Federal lands or Federal submerged lands for exploration, development, or production of oil or gas, during any period in which the most recent the spot market price for West Texas Intermediate crude oil at the domestic spot market at Cushing, Oklahoma, as published by the Energy Information Administration, is less than $100 per barrel; and (2) shall waive the application of such provisions during any period in which the most recent such spot market price is greater than $100 per barrel. SEC. 4. REFINERY PROCESS AND PROCEDURES. (a) Definitions.--In this section-- (1) the term ``designated refinery'' means a facility designed and operated to receive, load, unload, store, transport, process, and refine crude oil by any chemical or physical process, including distillation, fluid catalytic cracking, hydrocracking, coking, alkylation, etherification, polymerization, catalytic reforming, isomerization, hydrotreating, blending, and any combination thereof, in order to produce gasoline or other fuel; (2) the term ``Federal refinery authorization''-- (A) means any authorization required under Federal law, whether administered by a Federal or State administrative agency or official, with respect to siting, construction, expansion, or operation of a refinery; and (B) includes any permits, special use authorizations, certifications, opinions, or other approvals required under Federal law with respect to siting, construction, expansion, or operation of a refinery; (3) the term ``refinery'' means-- (A) a facility designed and operated to receive, load, unload, store, transport, process, and refine crude oil by any chemical or physical process, including distillation, fluid catalytic cracking, hydrocracking, coking, alkylation, etherification, polymerization, catalytic reforming, isomerization, hydrotreating, blending, and any combination thereof, in order to produce gasoline or other fuel; or (B) a facility designed and operated to receive, load, unload, store, transport, process, and refine coal by any chemical or physical process, including liquefaction, in order to produce gasoline, diesel, or other liquid fuel as its primary output; (4) the term ``Secretary'' means the Secretary of Energy; and (5) the term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (b) Designation as Lead Agency.-- (1) In general.--The Department of Energy shall act as the lead agency for the purposes of coordinating all applicable Federal refinery authorizations and related environmental reviews with respect to a designated refinery. (2) Other agencies.--Each Federal and State agency or official required to provide a Federal refinery authorization shall cooperate with the Secretary and comply with the deadlines established by the Secretary. (c) Schedule.-- (1) Secretary's authority to set schedule.--The Secretary shall establish a schedule for all Federal refinery authorizations with respect to a designated refinery. In establishing the schedule, the Secretary shall-- (A) ensure expeditious completion of all such proceedings; and (B) accommodate the applicable schedules established by Federal law for such proceedings. (2) Failure to meet schedule.-- If a Federal or State administrative agency or official does not complete a proceeding for an approval that is required for a Federal refinery authorization in accordance with the schedule established by the Secretary under this subsection, not later than 30 days after such failure, the Secretary shall award the approval of the application. (d) Consolidated Record.--The Secretary shall, with the cooperation of Federal and State administrative agencies and officials, maintain a complete consolidated record of all decisions made or actions taken by the Secretary or by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to any Federal refinery authorization.

Emergency Energy Cut the Red Tape Now Act of 2008 - Declares without force or effect all: (1) federal prohibitions against the leasing of federal Outer Continental Shelf, Bureau of Land Management, or National Forest lands or federal submerged lands for exploration, development, or production of oil, gas, or oil shale; (2) federal withdrawals of such lands from such leasing; or (3) federal prohibitions against the expenditure of federal funds for such leasing. Authorizes the Secretary of the Interior to waive the application of any federal law that requires a permit to engage in drilling for oil or gas under a lease of federal lands or federal submerged lands during any period in which the most recent spot market price for West Texas Intermediate crude oil at the domestic spot market at Cushing, Oklahoma, is less than $100 per barrel. Requires such a waiver during any period in which the most recent spot price is greater than $100 per barrel. Requires the Department of Energy to act as the lead agency to coordinate all applicable federal refinery authorizations and related environmental reviews with respect to a designated refinery. Requires each federal and state agency or official required to provide a federal refinery authorization to cooperate with the Secretary of Energy and comply with deadlines the Secretary establishes. Requires the Secretary to establish a schedule for all federal refinery authorizations with respect to a designated refinery. Requires the Secretary to approve an application for a federal refinery authorization within 30 days after any failure of a federal or state administrative agency or official to complete an approval proceeding in accordance with the schedule established by the Secretary.

To terminate or provide for suspension of the application of Federal laws that restrict exploration, development, or production of oil, gas, or oil shale, to facilitate the construction of new crude oil refineries, and for other purposes.

SECTION 1. PROGRAM TO E-FILE FEDERAL INCOME TAX RETURNS. (a) Agreement.-- (1) In general.--The Sectary of the Treasury shall enter into an agreement with the Free File Alliance to provide a forms-based software service for all individual taxpayers with the ability to electronically prepare and file their Federal returns of income tax through the Internal Revenue Service website, free of charge, by using the standard 1040 and 1040EZ forms and the most commonly used schedules for taxable years beginning after 2007, and such software service to be made available (at no cost to either the United States or the participating taxpayers) by the Free File Alliance shall be in addition to the products and services available to taxpayers from Free File member companies under the terms and conditions of the Government's agreement with the Free File Alliance Agreement entered into on behalf of the United States by the Commissioner of Internal Revenue on October 30, 2002, and as subsequently amended. (2) Term of agreement.--The agreement shall have a term of 60 months, unless terminated earlier in accordance with the agreement, and may be renewed. (b) Development and Operation of Program.--In providing for the development and operation of this program, the Secretary of the Treasury-- (1) shall enter into an agreement with the Free File Alliance in accordance with subsection (a); (2) shall not otherwise develop or deploy electronic tax preparation or filing products for the same or similar purposes; (3) shall ensure that the requirements set forth in this subsection are implemented in a manner consistent with the terms, conditions, requirements, and commitments of the Agreement entered into on behalf of the United States by the Commissioner of Internal Revenue on October 30, 2002, as subsequently amended, including the provision that participating companies in the Free File program may not advertise, market, or offer to sell any products or services to taxpayers while using the tax preparation programs; (4) may not compensate or allow a participating company to charge for providing the free products and services provided pursuant to this subsection; and (5) shall conduct a public information and consumer education campaign to encourage taxpayer awareness of this program, with particular emphasis on EITC taxpayer communities. (c) Consultation.--In providing for the deployment of this program, the Secretary shall also consult with other entities with expertise in this issue area, including the National Taxpayer Advocate, the Electronic Tax Administration Advisory Committee (ETAAC), professional and industrial organizations, nonprofit organizations, and Federal, State, and local agencies as determined appropriate by the Secretary. (d) Reports to Congress Regarding e-File Program.-- (1) Report on implementation.--The Secretary of the Treasury shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, regarding the status of the implementation of this e-file program. (2) Report on usage.--Not later than June 30 of each year after the implementation of e-file program described in this Act, the Secretary of the Treasury, in consultation with the National Taxpayer Advocate and the ETAAC, shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, on taxpayer usage of such e-file program. SEC. 2. BUSINESS RESPONSIBILITY STANDARDS. Members of the Free File Alliance must meet the standards set forth in section 9.104-1 of title 48, Code of Federal Regulations, that would be used by the Federal Government to evaluate the business responsibility of a company and the commerciality of its offered product or service if such company were being considered as a contract source for the purchase of commercial products or services for the Federal Government's end use. SEC. 3. RETURN-FREE TAX SYSTEM. Neither the Secretary of the Treasury nor any delegate of the Secretary may implement a return-free tax system under which individuals would be permitted to comply with the Internal Revenue Code of 1986 without making the return required under section 6012 of such Code for taxable years beginning after 2007, unless the authorization to implement such a system is enacted into law by an Act of Congress after the date of the enactment of this Act.

Requires the Secretary of the Treasury to enter into an agreement with the Free File Alliance to provide a forms-based software service for all individual taxpayers to electronically prepare and file their federal income tax returns through the Internal Revenue Service (IRS) website, free of charge, for taxable years beginning after 2007. Requires the Free File Alliance to meet certain standards promulgated by the federal government for business responsibility and commerciality of products or services. Prohibits the Secretary from implementing a return-free tax system for taxable years beginning after 2007, unless authorized to do so by an Act of Congress.

To require the Secretary of the Treasury to enter into an agreement with the Free File Alliance to provide for electronic filing of individual Federal income tax returns free of charge.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Marshals Service 225th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds as follows: (1) The United States Marshals, the first Federal law enforcement officers in America, were established under section 27 of the Act of Congress entitled ``Chapter XX.--An Act to Establish the Judicial Courts of the United States'' and enacted on September 24, 1789 (commonly referred to as the ``Judiciary Act of September 24, 1789''), during the 1st Session of the 1st Congress, and signed into law by the 1st President of the United States, George Washington. (2) George Washington had carefully considered the appointments to the Judicial Branch long before the enactment of the Judiciary Act of September 24, 1789, and nominated the first 11 United States Marshals on September 24, and the remaining two Marshals on September 25, 1789. The Senate confirmed all 13 on September 26, 1789, 2 days after the Judiciary Act was signed into law. (3) In 1969, by order of the Department of Justice, the United States Marshals Service was created, and achieved Bureau status in 1974. The United States Marshals Service has had major significance in the history of the United States, and has directly contributed to the safety and preservation of this Nation, by serving as an instrument of civil authority used by all 3 branches of the United States Government. (4) One of the original 13 United States Marshals, Robert Forsyth of Georgia, a 40-year old veteran of the Revolutionary War, was the first civilian official of the United States Government, and the first of many United States Marshals and deputies, to be killed in the line of duty when he was shot on January 11, 1794, while trying to serve civil process. (5) The United States Marshals Service Commemorative Coin will be the first commemorative coin to honor the United States Marshals Service. (6) The United States should pay tribute to the Nation's oldest Federal law enforcement agency, the United States Marshals Service, by minting and issuing commemorative coins, as provided in this Act. (7) A commemorative coin will bring national and international attention to the lasting legacy of this Nation's oldest Federal law enforcement agency. (8) The proceeds from a surcharge on the sale of such commemorative coins will assist the financing of national museums and charitable organizations. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the 225th anniversary of the establishment of the United States Marshals Service, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 gold coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent alloy. (3) Half dollar clad coins.--Not more than 750,000 half dollar coins, which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31 United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 225 years of exemplary and unparalleled achievements of the United States Marshals Service. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of-- (i) the mint date ``2015''; and (ii) the years 1789 and 2014; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum'', and such other inscriptions as the Secretary may determine to be appropriate for the designs of the coins. (3) Coin images.-- (A) $5 gold coins.-- (i) Obverse.--The obverse of the $5 coins issued under this Act shall bear an image of the United States Marshals Service Star (also known as ``America's Star''). (ii) Reverse.--The reverse of the $5 coins issued under this Act shall bear a design emblematic of the sacrifice and service of the men and women of the United States Marshals Service who lost their lives in the line of duty and include the Marshals Service motto ``Justice, Integrity, Service''. (B) $1 silver coins.-- (i) Obverse.--The obverse of the $1 coins issued under this Act shall bear an image of the United States Marshals Service Star (also known as ``America's Star''). (ii) Reverse.--The reverse of the $1 silver coins issued under this Act shall bear an image emblematic of the United States Marshals legendary status in America's cultural landscape. The image should depict Marshals as the lawmen of our frontiers, including their geographic, political, or cultural history, and shall include the Marshals Service motto ``Justice, Integrity, Service''. (C) Half dollar clad coins.-- (i) Obverse.--The obverse of the half dollar clad coins issued under this Act shall bear an image emblematic of the United States Marshals Service and its history. (ii) Reverse.--The reverse of the half dollar clad coins issued under this Act shall bear an image consistent with the role that the United States Marshals played in a changing Nation, as they were involved in some of the most pivotal social issues in American history. The image should show the ties that the Marshals have to the United States Constitution, with themes including-- (I) the Whiskey Rebellion and the rule of law; (II) slavery and the legacy of inequality; and (III) the struggle between labor and capital. (4) Realistic and historically accurate depictions.--The images for the designs of coins issued under this Act shall be selected on the basis of the realism and historical accuracy of the images and on the extent to which the images are reminiscent of the dramatic and beautiful artwork on coins of the so-called ``Golden Age of Coinage'' in the United States, at the beginning of the 20th Century, with the participation of such noted sculptors and medallic artists as James Earle Fraser, Augustus Saint-Gaudens, Victor David Brenner, Adolph A. Weinman, Charles E. Barber, and George T. Morgan. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Director of the United States Marshals Service and the Commission of Fine Arts; and (2) reviewed by the Citizens Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in proof quality and uncirculated quality. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins, to the public, minted under this Act beginning on or after January 1, 2015, except for a limited number to be issued prior to such date to the Director of the United States Marshals Service and employees of the Service for display and presentation during the 225th Anniversary celebration. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2015. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 gold coin. (2) A surcharge of $10 per coin for the $1 silver coin. (3) A surcharge of $3 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, the Secretary shall promptly distribute all surcharges received from the sale of coins issued under this Act as follows: (1) The first $5,000,000 available for distribution under this section, to the U.S. Marshals Museum, Inc., also known as the United States Marshals Museum, for the preservation, maintenance, and display of artifacts and documents. (2) Of amounts available for distribution after the payment under paragraph (1)-- (A) Thirty-three and one-third percent shall be distributed to The National Center for Missing & Exploited Children. (B) Thirty-three and one-third percent shall be distributed to the National Law Enforcement Officers Memorial Fund, in support of the National Law Enforcement Museum and the National Law Enforcement Officers Memorial. (C) Thirty-three and one-third percent shall be distributed to the Federal Law Enforcement Officers Association Foundation. (c) Audits.--All organizations, associations, and funds shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to this issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

United States Marshals Service 225th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 225th anniversary of the establishment of the United States Marshals Service, to mint and issue $5 gold and $1 silver coins emblematic of the 225 years of exemplary and unparalleled achievements of the U.S. Marshals Service. Requires all such coin sales to include a surcharge of: (1) $35 per $5 coin; and (2) $10 per $1 coin. Requires distribution of the first $5 million to the U.S. Marshals Service National Museum for the preservation, maintenance, and display of artifacts and documents of the U.S. Marshals Service. Requires distribution of one-third of the remainder each to the National Center for Missing and Exploited Children, the National Law Enforcement Officers Memorial Fund in support of the National Law Enforcement Museum and the National Law Enforcement Officers Memorial, and to the Federal Law Enforcement Officers Association Foundation. Authorizes the Secretary to strike and sell bronze duplicates of the $5 gold coins.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the 225th anniversary of the establishment of the Nation's first Federal law enforcement agency, the United States Marshals Service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Child Protection and Volunteers for Children Improvement Act of 2002''. SEC. 2. DEFINITIONS. Section 5 of the National Child Protection Act of 1993 (42 U.S.C. 5119c) is amended-- (1) in paragraph (10), by striking ``and'' at the end; and (2) by inserting after paragraph (10) the following: ``(10A) the term `qualified State program' means the policies and procedures referred to in section 3(a)(1) of a State that are in place in order to implement this Act, including policies and procedures that require-- ``(A) requests for national criminal history background checks to be routinely returned to a qualified entity not later than 20 business days after the date on which the request was made; ``(B) authorized agencies to charge not more than $18 for State background checks; ``(C) the designation of the authorized agencies that may receive national criminal history background check requests from qualified entities; and ``(D) the designation of the qualified entities that shall submit background check requests to an authorized agency; ``(10B) the term `routinely' means-- ``(A) instances where 85 percent or more of nationwide background check requests are returned to qualified entities within 20 business days; or ``(B) instances where 90 percent or more of nationwide background check requests are returned to qualified entities within 30 business days; and''. SEC. 3. STRENGTHENING AND ENFORCING THE NATIONAL CHILD PROTECTION ACT AND THE VOLUNTEERS FOR CHILDREN ACT. Section 3 of the National Child Protection Act of 1993 (42 U.S.C. 5119a) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``A State may'' and inserting the following: ``Request.--A State may''; (ii) by inserting after ``procedures'' the following: ``meeting the guidelines set forth in subsection (b)''; (iii) by inserting after ``regulation)'' the following: ``or a qualified State program''; and (iv) by striking ``convicted of'' and all that follows through the period and inserting ``convicted of, or is under pending arrest or indictment for, a crime that renders the provider unfit to provide care to children, the elderly, or individuals with disabilities.''; (B) in paragraph (2)-- (i) by striking ``The authorized agency'' and inserting the following: ``Response.--The authorized agency''; (ii) by striking ``make reasonable efforts to''; (iii) by striking ``15'' and inserting ``20''; and (iv) by adding at the end the following: ``The Attorney General shall respond to the inquiry of the State authorized agency within 15 business days of the request. A State is not in violation of this section if the Attorney General fails to respond to the inquiry within 15 business days of the request.''; and (C) by striking paragraph (3), and inserting the following: ``(3) Absence of qualified state program.-- ``(A) Request.--Not later than 12 months after the date of enactment of the National Child Protection and Volunteers for Children Improvement Act of 2002, a qualified entity doing business in a State that does not have a qualified State program may request a national criminal background check from the Attorney General for the purpose of determining whether a provider has been convicted of, or is under pending arrest or indictment for, a crime that renders the provider unfit to provide care to children, the elderly, or individuals with disabilities. ``(B) Review and response.--The Attorney General shall respond to the request of a qualified entity made under subparagraph (A) not later than 20 business days after the request is made.''; and (2) in subsection (b)-- (A) in paragraph (4), by striking ``shall make'' and inserting ``may make''; and (B) in paragraph (5)-- (i) by inserting after ``qualified entity'' the following: ``or by a State authorized agency that disseminates criminal history records information directly to qualified entities''; and (ii) by striking ``pursuant to subsection (a)(3)''. SEC. 4. DISSEMINATION OF INFORMATION. The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.) is amended by adding at the end the following: ``SEC. 6. DISSEMINATION OF INFORMATION. ``Notwithstanding any other provision of law, the Attorney General and authorized agencies of States may disseminate criminal history background check record information to a qualified entity. ``SEC. 7. OFFICE FOR VOLUNTEER AND PROVIDER SCREENING. ``(a) In General.--The Attorney General shall establish an Office for Volunteer and Provider Screening (referred to in this Act as the `Office') which shall serve as a point of contact for qualified entities to request a national criminal background check pursuant to section 3(a)(3). ``(b) Model Guidelines.--The Office shall provide model guidelines concerning standards to guide qualified entities in making fitness determinations regarding care providers based upon the criminal history record information of those providers.''. SEC. 5. FEES. Section 3(e) of the National Child Protection Act of 1993 (42 U.S.C. 5119a(e)) is amended-- (1) by striking ``In the case'' and inserting the following: ``(1) In general.--In the case''; and (2) by adding at the end the following: ``(2) Volunteer with qualified entity.--In the case of a national criminal fingerprint background check conducted pursuant to section 3(a)(3) on a person who volunteers with a qualified entity, the fee collected by the Federal Bureau of Investigation shall not exceed $5. ``(3) Provider.--In the case of a national criminal fingerprint background check on a provider who is employed by or applies for a position with a qualified entity, the fee collected by the Federal Bureau of Investigation shall not exceed $18.''. SEC. 6. STRENGTHENING STATE FINGERPRINT TECHNOLOGY. (a) Establishment of Model Program in each State to Strengthen Criminal Data Repositories and Fingerprint Technology.--The Attorney General shall establish a model program in each State and the District of Columbia for the purpose of improving fingerprinting technology which shall grant to each State funds to either-- (1) purchase Live-Scan fingerprint technology and a State- vehicle to make such technology mobile and these mobile units shall be used to travel within the State to assist in the processing of fingerprint background checks; or (2) purchase electric fingerprint imaging machines for use throughout the State to send fingerprint images to the Attorney General to conduct background checks. (b) Additional Funds.--In addition to funds provided in subsection (a), funds shall be provided to each State and the District of Columbia to hire personnel to provide information and training to each county law enforcement agency within the State regarding all requirements for input of criminal and disposition data into the national criminal history background check system under the National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.). (c) Funding Eligibility.--States with a qualified State program shall be eligible for not more than $2,000,000 under this section. (d) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section sums sufficient to improve fingerprint technology units and hire data entry improvement personnel in each of the 50 States and the District of Columbia for each of fiscal years 2004 through 2008. (2) Availability.--Sums appropriated in accordance with this section shall remain available until expended. SEC. 7. PRIVACY PROTECTIONS. (a) Information.--Information derived as a result of a national criminal fingerprint background check request under section 3 of the National Child Protection Act of 1993 (42 U.S.C. 5119a) shall not be adjusted, deleted, or altered in any way except as required by law for national security purposes. (b) Designated Representative.-- (1) In general.--Each qualified entity (as defined in section 5 of the National Child Protection Act of 1993 (42 U.S.C. 5119c)) shall assign a representative in their respective organization to receive and process information requested under section 3 of the National Child Protection Act of 1993 (42 U.S.C. 5119a). (2) Deletion of information.--Each representative assigned under paragraph (1) shall review the requested information and delete all information that is not needed by the requesting entity in making an employment decision. (c) Criminal Penalties.--Any person who knowingly releases information derived as a result of a national criminal fingerprint background check to any person other than the hiring authority or organizational leadership with the qualified entity shall be-- (1) fined $50,000 for each violation; or (2) imprisoned not more than 1 year. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act-- (1) $100,000,000 for fiscal year 2004; and (2) such sums as may be necessary for each of fiscal years 2005 through 2008. (b) Availability of Funds.--Sums appropriated in accordance with this section shall remain available until expended. Passed the Senate October 17, 2002. Attest: JERI THOMSON, Secretary.

National Child Protection and Volunteers for Children Improvement Act of 2002 - (Sec. 3) Amends the National Child Protection Act of 1993 regarding national criminal background checks to: (1) authorize States to establish procedures to determine whether a provider is under either pending arrest or indictment for a crime that renders the provider unfit to provide care to children, the elderly, or individuals with disabilities; (2) direct the Attorney General to respond to such a State inquiry within 15 business days; and (3) permit a qualified entity to request a background check from the Attorney General if a State does not have a qualified program for making such requests.Exempts a State authorized agency from compliance with specified statutory procedures when it disseminates criminal history records information directly to qualified entities.(Sec. 4) Directs the Attorney General to establish an Office for Volunteer and Provider Screening to serve as a point of contact for qualified entities requesting a national criminal background check. Requires the Office to provide model standards to guide qualified entities in making fitness determinations based on criminal background information.(Sec. 5) Limits Federal Bureau of Investigation fees for a national criminal fingerprint background check to: (1) $5 for a check on a person who volunteers with a qualified entity; and (2) $18 for a check on a provider employed by or applying for a position with a qualified entity.(Sec. 6) Instructs the Attorney General to establish a model program in each State and the District of Columbia for the purpose of improving fingerprinting technology which shall grant to each State funds to purchase either: (1) Live-Scan fingerprint technology and a State-vehicle to make such technology mobile in units traveling within the State to assist in the processing of fingerprint background checks; or (2) electric fingerprint imaging machines for use throughout the State to send fingerprint images to the Attorney General to conduct background checks.Mandates provision of funds to each State and the District of Columbia to hire personnel to provide information and training to each county law enforcement agency within the State regarding all requirements for input of criminal and disposition data into the national criminal history background check system.Authorizes appropriations for FY 2004 through 2008.(Sec. 7) Sets forth privacy protections governing the dissemination of national criminal fingerprint background check information. Imposes criminal penalties for a violation of such protections.(Sec. 8) Authorizes appropriations for FY 2004 through 2008.

A bill to amend the National Child Protection Act of 1993, and for other purposes.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Clean Energy Bonds Act of 2005''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. CREDIT TO HOLDERS OF CLEAN ENERGY BONDS. (a) In General.--Part IV of subchapter A of chapter 1 (relating to credits against tax) is amended by adding at the end the following new subpart: ``Subpart H--Nonrefundable Credit to Holders of Clean Energy Bonds ``Sec. 54. Credit to holders of clean energy bonds. ``SEC. 54. CREDIT TO HOLDERS OF CLEAN ENERGY BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a clean energy bond on a credit allowance date of such bond, which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to credit allowance dates during such year on which the taxpayer holds such bond. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a clean energy bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any clean energy bond is the product of-- ``(A) the credit rate determined by the Secretary under paragraph (3) for the day on which such bond was sold, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Determination.--For purposes of paragraph (2), with respect to any clean energy bond, the Secretary shall determine daily or caused to be determined daily a credit rate which shall apply to the first day on which there is a binding, written contract for the sale or exchange of the bond. The credit rate for any day is the credit rate which the Secretary or the Secretary's designee estimates will permit the issuance of clean energy bonds with a specified maturity or redemption date without discount and without interest cost to the qualified issuer. ``(4) Credit allowance date.--For purposes of this section, the term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term also includes the last day on which the bond is outstanding. ``(5) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed or matures. ``(c) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than subpart C thereof, relating to refundable credits). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(d) Clean Energy Bond.--For purposes of this section-- ``(1) In general.--The term `clean energy bond' means any bond issued as part of an issue if-- ``(A) the bond is issued by a qualified issuer, ``(B) 95 percent or more of the proceeds from the sale of such issue are to be used for capital expenditures incurred by qualified borrowers for 1 or more qualified projects, ``(C) the qualified issuer designates such bond for purposes of this section and the bond is in registered form, and ``(D) the issue meets the requirements of subsections (e) and (g). ``(2) Qualified project; special use rules.-- ``(A) In general.--The term `qualified project' means any qualified facility (as determined under section 45(d) without regard to any placed in service date) owned by a qualified borrower. ``(B) Refinancing rules.--For purposes of paragraph (1)(B), a qualified project may be refinanced with proceeds of a clean energy bond only if the indebtedness being refinanced (including any obligation directly or indirectly refinanced by such indebtedness) was originally incurred by a qualified borrower after the date of the enactment of this section. ``(C) Reimbursement.--For purposes of paragraph (1)(B), a clean energy bond may be issued to reimburse a qualified borrower for amounts paid after the date of the enactment of this section with respect to a qualified project, but only if prior to the payment of such expenditure, the qualified borrower declared its intent to reimburse such expenditure with the proceeds of a clean energy bond. ``(D) Treatment of changes in use.--For purposes of paragraph (1)(B), the proceeds of an issue shall not be treated as used for a qualified project to the extent that a qualified borrower takes any action within its control which causes such proceeds not to be used for a qualified project. The Secretary shall prescribe regulations specifying remedial actions that may be taken (including conditions to taking such remedial actions) to prevent an action described in the preceding sentence from causing a bond to fail to be a clean energy bond. ``(e) Maturity Limitations.-- ``(1) Duration of term.--A bond shall not be treated as a clean energy bond if such bond is issued as part of an issue and-- ``(A) the average maturity of bonds issued as a part of such issue, exceeds ``(B) 120 percent of the average reasonable expected economic life of the facilities being financed with the proceeds from the sale of such issue. ``(2) Determination of averages.--For purposes of paragraph (1), the determination of averages of an issue and economic life of any facility shall be determined in accordance with section 147(b). ``(3) Ratable principal amortization required.--A bond shall not be treated as a clean energy bond unless it is part of an issue which provides for an equal amount of principal to be paid by the qualified issuer during each calendar year that the issue is outstanding. ``(f) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (c)) and the amount so included shall be treated as interest income. ``(g) Special Rules Relating to Expenditures.-- ``(1) In general.--An issue shall be treated as meeting the requirements of this subsection if-- ``(A) at least 95 percent of the proceeds from the sale of the issue are to be spent for 1 or more qualified projects within the 5-year period beginning on the date of issuance of the clean energy bond, ``(B) a binding commitment with a third party to spend at least 10 percent of the proceeds from the sale of the issue will be incurred within the 6-month period beginning on the date of issuance of the clean energy bond or, in the case of a clean energy bond, the proceeds of which are to be loaned to 2 or more qualified borrowers, such binding commitment will be incurred within the 6-month period beginning on the date of the loan of such proceeds to a qualified borrower, and ``(C) such projects will be completed with due diligence and the proceeds from the sale of the issue will be spent with due diligence. ``(2) Extension of period.--Upon submission of a request prior to the expiration of the period described in paragraph (1)(A), the Secretary may extend such period if the qualified issuer establishes that the failure to satisfy the 5-year requirement is due to reasonable cause and the related projects will continue to proceed with due diligence. ``(3) Failure to spend required amount of bond proceeds within 5 years.--To the extent that less than 95 percent of the proceeds of such issue are expended within such 5-year period (and no extension has been obtained under paragraph (2)), the qualified issuer shall redeem all of the nonqualified bonds on the earliest call date subsequent to the expiration of the 5- year period. If such earliest call date is more than 90 days subsequent to the expiration of the 5-year period, the qualified issuer shall establish a yield-restricted defeasance escrow within such 90 days to retire such nonqualified bonds on the earlier of the date which is 10 years after the issue date or the first call date. For purposes of this paragraph, the term `nonqualified bonds' means the portion of the outstanding bonds in an amount that, if the remaining bonds were issued on the fifth anniversary of the date of the issuance of the issue, at least 95 percent of the proceeds of the remaining bonds would be used to provide qualified projects. ``(h) Special Rules Relating to Arbitrage.-- ``(1) In general.--A bond which is part of an issue shall not be treated as a clean energy bond unless, with respect to the issue of which the bond is a part, the qualified issuer satisfies the arbitrage rebate requirements of section 148 with respect to gross proceeds of the issue (other than any amounts applied in accordance with subsection (g)). For purposes of such requirements, yield over the term of an issue shall be determined under the principles of section 148 based on the qualified issuer's payments of principal, interest (if any), and fees for qualified guarantees on such issue. ``(2) Exception.--Amounts on deposit in a bona fide debt service fund with regard to any clean energy bond are not subject to the arbitrage rebate requirements of section 148. ``(i) Cooperative Electric Company; Qualified Energy Tax Credit Bond Lender; Governmental Body; Qualified Borrower.--For purposes of this section-- ``(1) Cooperative electric company.--The term `cooperative electric company' means a mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C), or a not-for-profit electric utility which has received a loan or loan guarantee under the Rural Electrification Act. ``(2) Clean energy bond lender.--The term `clean energy bond lender' means a lender which is a cooperative which is owned by, or has outstanding loans to, 100 or more cooperative electric companies and is in existence on February 1, 2002, and shall include any affiliated entity which is controlled by such lender. ``(3) Governmental body.--The term `governmental body' means any State, territory, possession of the United States, the District of Columbia, Indian tribal government, and any political subdivision thereof. ``(4) Qualified issuer.--The term `qualified issuer' means-- ``(A) a clean energy bond lender, ``(B) a cooperative electric company, ``(C) a governmental body, or ``(D) the Tennessee Valley Authority. ``(5) Qualified borrower.--The term `qualified borrower' means-- ``(A) a cooperative electric company, ``(B) a governmental body, or ``(C) the Tennessee Valley Authority. ``(j) Special Rules Relating to Pool Bonds.--No portion of a pooled financing bond may be allocable to loan unless the borrower has entered into a written loan commitment for such portion prior to the issue date of such issue. ``(k) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Bond.--The term `bond' includes any obligation. ``(2) Pooled financing bond.--The term `pooled financing bond' shall have the meaning given such term by section 149(f)(4)(A). ``(3) Partnership; s corporation; and other pass-thru entities.--Under regulations prescribed by the Secretary, in the case of a partnership, trust, S corporation, or other pass- thru entity, rules similar to the rules of section 41(g) shall apply with respect to the credit allowable under subsection (a). ``(4) Bonds held by regulated investment companies.--If any clean energy bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary. ``(5) Treatment for estimated tax purposes.--Solely for purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a clean energy bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date. ``(6) Reporting.--Issuers of clean energy bonds shall submit reports similar to the reports required under section 149(e). ``(l) Termination.--This section shall not apply with respect to any bond issued after December 31, 2008.''. (b) Reporting.--Subsection (d) of section 6049 (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(8) Reporting of credit on clean energy bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 54(f) and such amounts shall be treated as paid on the credit allowance date (as defined in section 54(b)(4)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A), subsection (b)(4) shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i) of such subsection. ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.''. (c) Clerical Amendments.-- (1) The table of subparts for part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``subpart h. nonrefundable credit to holders of clean energy bonds.''. (2) Section 6401(b)(1) is amended by striking ``and G'' and inserting ``G, and H''. (d) Issuance of Regulations.--The Secretary of Treasury shall issue regulations required under section 54 of the Internal Revenue Code of 1986 (as added by this section) not later than 120 days after the date of the enactment of this Act. (e) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.

Clean Energy Bonds Act of 2005 - Amends the Internal Revenue Code to allow holders of clean energy bonds a nonrefundable tax credit of 25 percent of an annual credit amount as determined by the Secretary of the Treasury. Defines "clean energy bond" as any bond issued by a clean energy bond lender, a cooperative electric company, a governmental body, or the Tennessee Valley Authority (TVA) that is used for capital expenditures for specified projects for producing electricity from certain renewable resources, such as wind, biomass, solar energy, small irrigation power, and municipal solid waste. Sets forth rules for maturity limitations, arbitrage, and expenditures, including a requirement that 95 percent of proceeds from the sale of a bond issue be spent on a renewable resource project within five years from the date of a bond issuance. Terminates the authority to issue clean energy bonds after 2008.

A bill to amend the Internal Revenue Code of 1986 to allow a credit to holders of qualified bonds issued to finance certain energy projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anthracite Region Redevelopment Act of 2000''. SEC. 2. CREDIT TO HOLDERS OF QUALIFIED ANTHRACITE REGION REDEVELOPMENT BONDS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT TO HOLDERS OF QUALIFIED ANTHRACITE REGION REDEVELOPMENT BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a qualified anthracite region redevelopment bond on a credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to credit allowance dates during such year on which the taxpayer holds such bond. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a qualified anthracite region redevelopment bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any qualified anthracite region redevelopment bond is the product of-- ``(A) the applicable credit rate, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Applicable credit rate.--For purposes of paragraph (1), the applicable credit rate with respect to an issue is the rate equal to an average market yield (as of the day before the date of issuance of the issue) on outstanding long-term corporate debt obligations (determined under regulations prescribed by the Secretary). ``(4) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed. ``(c) Qualified Anthracite Region Redevelopment Bond.--For purposes of this section-- ``(1) In general.--The term `qualified anthracite region redevelopment bond' means any bond issued as part of an issue if-- ``(A) the issuer is an approved special purpose entity, ``(B) all of the net proceeds of the issue are deposited into either-- ``(i) an approved segregated program fund, or ``(ii) a sinking fund for payment of principal on the bonds at maturity, ``(C) the issuer designates such bond for purposes of this section, and ``(D) the term of each bond which is part of such issue does not exceed 30 years. Not more than \1/6\ of the net proceeds of an issue may be deposited into a sinking fund referred to in subparagraph (B)(ii). ``(2) Limitation on amount of bonds designated.--The maximum aggregate face amount of bonds which may be designated under paragraph (1) shall not exceed $1,200,000,000. ``(3) Approved special purpose entity.--The term `approved special purpose entity' means a State or local governmental entity, or an entity described in section 501(c) and exempt from tax under section 501(a), if-- ``(A) such entity is established and operated exclusively to carry out qualified purposes, ``(B) such entity has a comprehensive plan to restore and redevelop abandoned mine land in the Anthracite Region, and ``(C) such entity and plan are approved by the Administrator of the Environmental Protection Agency. ``(4) Approved segregated program fund.--The term `approved segregated program fund' means any segregated fund the amounts in which may be used only for qualified purposes, but only if such fund has safeguards approved by such Administrator to assure that such amounts are only used for such purposes. ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under part IV of subchapter A (other than this section and subpart C thereof, relating to refundable credits). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Other Definitions.--For purposes of this section-- ``(1) Anthracite region.--The term `Anthracite Region' means the area in the State of Pennsylvania comprised of the following counties: Luzerne, Lackawanna, Susquehanna, Wayne, Wyoming, Sullivan, Columbia, Carbon, Schuylkill, Northumberland, Lebanon, and Dauphin. ``(2) Qualified purpose.--The term `qualified purpose' means, with respect to any qualified anthracite region redevelopment bond-- ``(A) the purchase, restoration, and redevelopment of abandoned mine land and other real, personal, and mixed property in the Anthracite Region in Pennsylvania, ``(B) the cleanup of waterways and their tributaries, both surface and subsurface in such region from acid mine drainage and other pollution, ``(C) the provision of financial and technical assistance for infrastructure construction and upgrading water and sewer systems in such region, ``(D) research and development, ``(E) other environmental and economic development purposes in such region, and ``(F) such other purposes as are set forth in the comprehensive plan prepared by the issuer and approved by the Administrator of the Environmental Protection Agency. ``(3) Credit allowance date.--The term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term includes the last day on which the bond is outstanding. ``(4) Bond.--The term `bond' includes any obligation. ``(f) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (d)) and the amount so included shall be treated as interest income. ``(g) Bonds Held by Regulated Investment Companies.--If any qualified anthracite region redevelopment bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary. ``(h) Credits May Be Stripped.--Under regulations prescribed by the Secretary-- ``(1) In general.--There may be a separation (including at issuance) of the ownership of a qualified anthracite region redevelopment bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(2) Certain rules to apply.--In the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified anthracite region redevelopment bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon. ``(i) Treatment for Estimated Tax Purposes.--Solely for purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a qualified anthracite region redevelopment bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date. ``(j) Credit May Be Transferred.--Nothing in any law or rule of law shall be construed to limit the transferability of the credit allowed by this section through sale and repurchase agreements. ``(k) Reporting.--The issuer shall submit reports similar to the reports required under section 149(e). ``(l) Termination.--This section shall not apply to any bond issued more than 10 years after the date that the first qualified anthracite region redevelopment bond is issued.'' (b) Reporting.--Subsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(8) Reporting of credit on qualified anthracite region redevelopment bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 30B(f) and such amounts shall be treated as paid on the credit allowance date (as defined in section 30B(e)(3)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.'' (c) Conforming Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit to holders of qualified public anthracite region redevelopment bonds.'' (d) Approval of Bonds, Etc., by Administrator of the Environmental Protection Agency.--The Administrator of the Environmental Protection Agency shall act on any request for an approval required by section 30B of the Internal Revenue Code of 1986 (as added by this section) not later than 30 days after the date such request is submitted to such Administrator. (e) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2000.

Terminates the credit for any bond issued after the ten-year period following issuance of the first qualified bond. Requires the reporting of credits received. Directs the Administrator of the Environmental Protection Agency to act within 30 days after any request for bond approval under this Act.

Anthracite Region Redevelopment Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wall Street Accountability through Sustainable Funding Act''. SEC. 2. REQUIREMENT THAT THE COMMODITY FUTURES TRADING COMMISSION IMPOSE FEES AND ASSESSMENTS TO RECOVER THE COST OF APPROPRIATIONS TO THE COMMISSION. Section 12 of the Commodity Exchange Act (7 U.S.C. 16) is amended by adding at the end the following: ``(i) Recovery of Costs of Annual Appropriations.-- ``(1) Imposition of fees.-- ``(A) In general.--Except as provided in subparagraph (C), the Commission shall, by order, impose a fee on each agreement, contract, or transaction that is a contract of sale of a commodity for future delivery, an option, or a swap, including an agreement, contract, or transaction transacted through the use of a foreign terminal, so that the total of the fees so imposed during each fiscal year is sufficient to recover the costs to the Government of the annual appropriation to the Commission by Congress for the fiscal year. ``(B) Foreign terminal.--In subparagraph (A), the term `foreign terminal' means a technology, software, or device, which is located in the United States and used to execute an agreement, contract, or transaction on a foreign board of trade, or which is located outside of the United States and used to execute an agreement, contract, or transaction within the United States on a domestic board of trade. ``(C) Exemptions.--The Commission, by rule, may exempt any such agreement, contract, or transaction from any fee imposed under this paragraph, if the Commission finds that the exemption is consistent with-- ``(i) the public interest; ``(ii) the equal treatment of contract markets, derivatives clearing organizations, and market participants; and ``(iii) the operation of a nationwide market system. ``(D) Limitation.--The fees imposed under this paragraph on all transactions of the same kind shall be determined in a uniform manner. ``(E) Mid-year adjustment.-- ``(i) In general.--By March 1 of each fiscal year, the Commission shall determine whether, based on the fees collected under this subsection during the first 5 months of the fiscal year, the total of the amounts collected and to be collected under this subsection for the fiscal year is reasonably likely to be 10 percent (or more) greater or less than the costs described in subparagraph (A) for the fiscal year. If the Commission so determines, the Commission shall by order, no later than March 1 of the fiscal year, adjust the fee rates otherwise applicable under this paragraph for the fiscal year so that the total of the amounts so collected and to be collected is reasonably likely to equal to the costs so described. ``(ii) Effective date.--Subject to paragraphs (2)(C) and (4), an adjusted rate prescribed under clause (i) of this subparagraph in a fiscal year shall take effect on the later of-- ``(I) the 1st day of the fiscal year to which the rate applies; or ``(II) 60 days after the date on which a regular appropriation to the Commission for the fiscal year is enacted. ``(F) Publication.--The Commission shall publish in the Federal Register notices of the fee rates applicable under this paragraph for a fiscal year not later than 30 days after the date on which a regular appropriation to the Commission for the fiscal year is enacted, together with any estimates or projections on which the fee rates are based. ``(G) Inapplicability of rulemaking requirements.-- In exercising its authority under this paragraph, the Commission shall not be required to comply with section 553 of title 5, United States Code. ``(H) No judicial review.--A fee rate prescribed under this paragraph and published in accordance with subparagraph (F) shall not be subject to judicial review. ``(2) Payment and collection of fees.-- ``(A) Cleared transactions; uncleared swaps reported to swap data repositories.-- ``(i) Payment of fees.-- ``(I) Cleared transactions.--In the case of a contract of sale of a commodity for future delivery, an option, or a swap that is cleared by a derivatives clearing organization registered or exempt from registration under this Act, each party to the agreement, contract, or transaction shall pay the fee determined under paragraph (1) to the derivatives clearing organization. ``(II) Uncleared swaps reported to swap data repositories.--In the case of a swap that is not cleared by a derivatives clearing organization registered or exempt from registration under this Act and that is accepted by a swap data repository registered under section 21, each party to the swap shall pay the transaction fee determined under paragraph (1) to the swap data repository. ``(ii) Collection of fees.--The Commission shall collect the fees paid in accordance with clause (i) in such manner and within such time as the Commission deems appropriate, except that if the Commission has not collected a fee paid in accordance with clause (i) within 30 days after receipt by the derivatives clearing organization or swap data repository, as the case may be, the organization or repository, as the case may be, shall transmit the fee to the Commission. ``(B) Uncleared swaps reported to commission.--In the case of a swap that is not cleared by a derivatives clearing organization registered or exempt from registration under this Act and that is reported to the Commission pursuant to section 4r, each party to the swap shall pay the fee determined under paragraph (1) to the Commission in a manner and within such time as the Commission deems appropriate. ``(C) Subject to appropriations.--Except as provided in paragraph (4), a fee shall not be collected under this subsection for a fiscal year, except to the extent provided in advance in appropriation Acts. ``(3) Deposit of fees.-- ``(A) Offsetting collections.--A fee collected under paragraph (2) for a fiscal year shall be deposited and credited as offsetting collections to the account providing appropriations to the Commission. ``(B) General revenues prohibited.--A fee collected under paragraph (2) for a fiscal year shall not be deposited and credited as general revenue of the Treasury. ``(4) Lapse of appropriation.--If on the first day of a fiscal year a regular appropriation to the Commission has not been enacted, the Commission shall continue to collect (as offsetting collections) the fees imposed under paragraph (1) at the rate in effect during the preceding fiscal year, until 60 days after the date such a regular appropriation is enacted. ``(j) Commodity Futures Trading Commission Reserve Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a separate fund, to be known as the `Commodity Futures Trading Commission Reserve Fund' (referred to in this subsection as the `Reserve Fund'). ``(2) Imposition of fees.--The Commission shall impose and collect an additional fee, as provided in subsection (i), except that the total amount of the fees imposed and collected in each fiscal year shall not exceed an amount equal to the amount (if any) by which $50,000,000 exceeds the balance in the Reserve Fund as of the end of the preceding fiscal year, and paragraphs (2)(C) and (4) of subsection (i) shall not apply with respect to this subsection. ``(3) Deposits into reserve fund.-- ``(A) In general.--Except as provided in this paragraph, all fees collected under this paragraph shall be deposited into the Reserve Fund. ``(B) Limitation.--The balance in the Reserve Fund shall not exceed $50,000,000. ``(4) Use of funds.--The Commission may obligate amounts in the Reserve Fund, not to exceed a total of $50,000,000 in any 1 fiscal year, as the Commission determines is necessary to make long-term investments in information technology for use by the Commission and to cover unexpected expenses of the Commission (as determined by the Commission). Not later than 10 days after the date on which the Commission obligates amounts under this paragraph, the Commission shall notify the Congress of the date, amount, and purpose of the obligation. ``(5) Availability of funds.--Amounts in the Reserve Fund shall remain available until expended. ``(6) Rule of construction.--Amounts in the Reserve Fund shall not be construed to be Government funds or appropriated monies and shall not be subject to apportionment for the purpose of chapter 15 of title 31, United States Code, or under any other authority.''.

Wall Street Accountability Through Sustainable Funding Act - Amends the Commodity Exchange Act to require the Commodity Futures Trading Commission (CFTC) to impose fees to recover the cost of the appropriation to the CFTC for the fiscal year. Requires the fees to be imposed on each agreement, contract, or transaction that is a contract of sale of a commodity for future delivery, an option, or a swap. Permits the CFTC to exempt contracts, agreements, or transactions from the fee if the exemption is consistent with: (1) the public interest; (2) the equal treatment of contract markets, derivatives clearing organizations, and market participants; and (3) the operation of a nationwide market system. Establishes the Commodity Futures Trading Commission Reserve Fund in the Treasury and requires the CFTC to impose and collect an additional fee to be deposited into the Fund. Permits the CFTC to obligate amounts in the Fund for long-term investments in information technology and unexpected expenses. Limits the balance in the Fund to $50 million.

Wall Street Accountability through Sustainable Funding Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband for First Responders Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) The communications capabilities of first responders and other public safety agencies directly affect the public safety of the people of the United States and our national security. (2) As events such as the terrorist attacks of September 11, 2001, and Hurricane Katrina revealed, the inability of local, State, tribal, and Federal first responders to communicate effectively during an emergency impairs operations and the ability to mitigate terrorist acts and natural disasters. (3) Many public safety communications systems rely on commercially available systems that lack broadband capabilities or otherwise fail to provide the level of service necessary to meet the mission-critical needs of public safety agencies. (4) A wireless public safety broadband network is needed to guarantee priority access for public safety use and first responder interoperability across the United States. (5) Allocating the paired electromagnetic spectrum bands of 758-763 megahertz and 788-793 megahertz, referred to as the D Block, to public safety agencies is the only assured way of meeting public safety's needs for sufficient spectrum and would help reduce the complexity and future operating cost of public safety communications systems. (6) Because the communications needs of public safety agencies may differ by geographic region (including whether they require a dedicated communications system or can rely on a system shared with commercial users), each region requires flexibility to develop a model that meets its needs without sacrificing the interoperability of the system as a whole. (7) The most timely and cost-effective way to achieve nationwide interoperability in public safety communications will be to leverage commercial infrastructure without compromising the mission-critical needs of public safety agencies. (8) The use by public safety agencies of standardized technologies commonly employed in the commercial telecommunications sector will provide significant benefits, including improved capabilities, greater economies of scale, and more rapid adoption of technological innovations. (9) When it is in the interest of public safety, the Federal Communications Commission should encourage any public safety licensee or spectrum lessee to consider using existing or planned commercial infrastructure. SEC. 3. ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY LICENSES. (a) Spectrum Allocation.--Section 337(a) of the Communications Act of 1934 (47 U.S.C. 337(a)) is amended-- (1) in paragraph (1), by striking ``24'' and inserting ``34''; and (2) in paragraph (2), by striking ``36'' and inserting ``26''. (b) Assignment.--Section 337(b) of such Act (47 U.S.C. 337(b)) is amended to read as follows: ``(b) Assignment.-- ``(1) In general.--Not later than 60 days after the date of enactment of the Broadband for First Responders Act of 2010, the Commission shall allocate the paired electromagnetic spectrum bands of 758-763 megahertz and 788-793 megahertz for public safety broadband communications and shall assign such paired bands to public safety. ``(2) Establishment of rules.-- ``(A) In general.--The Commission shall establish rules to permit a public safety broadband licensee to authorize providers of public safety services to construct and operate a wireless public safety broadband network in the spectrum licensed to the public safety broadband licensee if the public safety broadband licensee determines that such authorization would expedite the deployment of public safety broadband communications. ``(B) Network requirements.--The Commission shall require that any such wireless public safety broadband network shall-- ``(i) be fully interoperable and remain interoperable with, and in conformance with the same broadband technology standards as, all other public safety broadband systems deployed or authorized; ``(ii) provide for roaming by local, State, tribal, and Federal Government and other authorized users of the spectrum licensed to the public safety broadband licensee; ``(iii) provide priority access to public safety agencies; ``(iv) be built to survive most large-scale disasters; and ``(v) ensure that networks of such systems have the appropriate level of cyber security. ``(C) Deadline.--The Commission shall establish rules under this paragraph not later than 180 days after the date of enactment of the Broadband for First Responders Act of 2010.''. (c) Network-Sharing Agreements.--Section 337 of such Act (47 U.S.C. 337) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f) Rulemaking Required.--The Commission shall establish regulations to-- ``(1) authorize the shared use of the public safety broadband spectrum and network infrastructure by entities that are not defined as public safety services in subsection (g)(1), subject to requirements that public safety services retain priority access to the spectrum, pursuant to procedures adopted by the Commission; and ``(2) allow use of the public safety broadband spectrum by emergency response providers, as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).''. (d) Definition.--Section 337(g) of such Act (as so redesignated) is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (2) by inserting before paragraph (2), as so redesignated, the following: ``(1) Public safety broadband spectrum.--The term `public safety broadband spectrum' means the electromagnetic spectrum between 758 megahertz and 768 megahertz, inclusive, and 788 megahertz and 798 megahertz, inclusive and any additional electromagnetic frequencies allocated for public safety use that the Commission shall designate for public safety broadband use.''. SEC. 4. STANDARDS. (a) Interoperability Requirements.--Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission, in consultation with the Director of the National Institute of Standards and Technology, the Secretary of Homeland Security, the Attorney General, and local, State, tribal, and Federal public safety agencies, shall develop a public safety agency statement of requirements that enables nationwide interoperability and roaming across any communications system using public safety broadband spectrum, as defined in section 337(g) of the Communications Act of 1934. (b) Specifications.--Such requirements shall establish an appropriate standard, or set of standards, to ensure nationwide interoperability and roaming, taking into consideration-- (1) the extent to which particular technologies and user equipment are, or are likely to be, available in the commercial marketplace; (2) the availability of necessary technologies and equipment on reasonable and non-discriminatory licensing terms; (3) the ability to evolve with technological developments in the commercial marketplace; (4) the ability to accommodate prioritization for public safety transmissions; (5) the ability to accommodate appropriate security measures for public safety transmissions; and (6) any other considerations the Federal Communications Commission deems appropriate.

Broadband for First Responders Act of 2010 - Amends the Communications Act of 1934 to increase the electromagnetic spectrum allocation for public safety services by 10 megahertz and reduce such allocation for commercial use by the same amount. Directs the Federal Communications Commission (FCC) to: (1) allocate the paired electromagnetic spectrum bands of 758-763 megahertz and 788-793 megahertz (referred to as D Block) for public safety broadband communications and assign such paired bands to public safety; (2) establish rules to permit a public safety broadband licensee to authorize public safety service providers to construct and operate a wireless public safety broadband network in the licensee's spectrum if such authorization would expedite public safety broadband communications; (3) require that any wireless public safety broadband network be fully interoperable, provide for user roaming, be disaster survivable, and have the appropriate level of cyber security; (4) establish regulations to authorize the shared use of the public safety broadband spectrum and network infrastructure by entities that are not defined as public safety services; (5) establish regulations to allow use of the public safety broadband spectrum by emergency response providers; and (6) develop a public safety agency statement of requirements that enables nationwide interoperability and roaming across any communications system using public safety broadband spectrum.

To enhance public safety by making more spectrum available to public safety agencies, to facilitate the development of a wireless public safety broadband network, to provide standards for the spectrum needs of public safety agencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Information Infrastructure Protection Act of 1996''. SEC. 2. COMPUTER CRIME. Section 1030 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``knowingly accesses'' and inserting ``having knowingly accessed''; (ii) by striking ``exceeds'' and inserting ``exceeding''; (iii) by striking ``obtains information'' and inserting ``having obtained information''; (iv) by striking ``the intent or''; (v) by striking ``is to be used'' and inserting ``could be used''; and (vi) by inserting before the semicolon at the end the following: ``willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it''; (B) in paragraph (2)-- (i) by striking ``obtains information'' and inserting ``obtains-- ``(A) information''; and (ii) by adding at the end the following: ``(B) information from any department or agency of the United States; or ``(C) information from any protected computer if the conduct involved an interstate or foreign communication;''; (C) in paragraph (3)-- (i) by striking ``the use of the Government's operation of such computer'' and inserting ``that use by or for the Government of the United States''; and (ii) by striking ``adversely''; (D) in paragraph (4)-- (i) by striking ``Federal interest'' and inserting ``protected''; and (ii) by inserting before the semicolon the following: ``and the value of such use is not more than $5,000 in any 1-year period''; (E) by amending paragraph (5) to read as follows: ``(5)(A) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer; ``(B) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or ``(C) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage;''; and (F) by inserting after paragraph (6) the following new paragraph: ``(7) with intent to extort from any person, firm, association, educational institution, financial institution, government entity, or other legal entity, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to cause damage to a protected computer;''; (2) in subsection (c)-- (A) in paragraph (1), by striking ``such subsection'' each place it appears and inserting ``this section''; (B) in paragraph (2)-- (i) in subparagraph (A)-- (I) by inserting ``, (a)(5)(C),'' after ``(a)(3)''; and (II) by striking ``such subsection'' and inserting ``this section''; (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by inserting immediately after subparagraph (A) the following: ``(B) a fine under this title or imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(2), if-- ``(i) the offense was committed for purposes of commercial advantage or private financial gain; ``(ii) the offense was committed in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or of any State; or ``(iii) the value of the information obtained exceeds $5,000;''; and (iv) in subparagraph (C) (as redesignated), by striking ``such subsection'' and inserting ``this section''; (C) in paragraph (3)-- (i) in subparagraph (A)-- (I) by striking ``(a)(4) or (a)(5)(A)'' and inserting ``(a)(4), (a)(5)(A), (a)(5)(B), or (a)(7)''; and (II) by striking ``such subsection'' and inserting ``this section''; and (ii) in subparagraph (B)-- (I) by striking ``(a)(4) or (a)(5)'' and inserting ``(a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C), or (a)(7)''; and (II) by striking ``such subsection'' and inserting ``this section''; and (D) by striking paragraph (4); (3) in subsection (d), by inserting ``subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of'' before ``this section.''; (4) in subsection (e)-- (A) in paragraph (2)-- (i) by striking ``Federal interest'' and inserting ``protected''; (ii) in subparagraph (A), by striking ``the use of the financial institution's operation or the Government's operation of such computer'' and inserting ``that use by or for the financial institution or the Government''; and (iii) by amending subparagraph (B) to read as follows: ``(B) which is used in interstate or foreign commerce or communication;''; (B) in paragraph (6), by striking ``and'' the last place it appears; (C) by striking the period at the end of paragraph (7) and inserting ``; and''; and (D) by adding at the end the following new paragraphs: ``(8) the term `damage' means any impairment to the integrity or availability of data, a program, a system, or information, that-- ``(A) causes loss aggregating at least $5,000 in value during any 1-year period to one or more individuals; ``(B) modifies or impairs, or potentially modifies or impairs, the medical examination, diagnosis, treatment, or care of one or more individuals; ``(C) causes physical injury to any person; or ``(D) threatens public health or safety; and ``(9) the term `government entity' includes the Government of the United States, any State or political subdivision of the United States, any foreign country, and any state, province, municipality, or other political subdivision of a foreign country.''; and (5) in subsection (g)-- (A) by striking ``, other than a violation of subsection (a)(5)(B),''; and (B) by striking ``of any subsection other than subsection (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb)'' and inserting ``involving damage as defined in subsection (e)(8)(A)''.

National Information Infrastructure Protection Act of 1996 - Revises Federal criminal code provisions regarding fraud and related activity in connection with computers. Sets penalties with respect to anyone who having knowingly accessed a computer without authorization or exceeding authorized access, obtains specified restricted information or data, and, with reason to believe that such information could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, or transmits it to any person not entitled to receive it (or causes or attempts such communication) or willfully retains it and fails to deliver it to the U.S. officer or employee entitled to receive it. Sets penalties for: (1) intentionally accessing a computer without authorization or exceeding authorized access and thereby obtaining information from any U.S. department or agency, or from any protected computer if the conduct involved an interstate or foreign communication; (2) intentionally accessing, without authorization, any computer of a U.S. department or agency that is exclusively for use by or for the U.S. Government or, in the case of a computer not exclusively for such use, that is used by or for the U.S. Government if such conduct affects the use of the Government's operation of such computer; (3) knowingly and with intent to defraud, accessing a protected computer without authorization, or exceeding authorized access, and furthering the intended fraud and obtaining anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any one-year period; (4) knowingly causing the transmission of a program, information, code, or command, and, as a result, intentionally causing damage without authorization to a protected computer, intentionally accessing a protected computer without authorization and recklessly causing damage, or intentionally accessing a protected computer without authorization and causing damage; and (5) with intent to extort from any person or legal entity any thing of value, transmitting in interstate or foreign commerce any communication containing a threat to cause damage to a protected computer. Increases penalties for fraud and related activity in connection with computers.

National Information Infrastructure Protection Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Workers Protection Act of 2005''. SEC. 2. LIMITATIONS ON OFF-SHORE PERFORMANCE OF CONTRACTS. (a) Limitations.-- (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. 42. LIMITATIONS ON OFF-SHORE PERFORMANCE OF CONTRACTS. ``(a) Conversions to Contractor Performance of Federal Activities.--An activity or function of an executive agency that is converted to contractor performance under Office of Management and Budget Circular A-76 may not be performed by the contractor or any subcontractor at a location outside the United States except to the extent that such activity or function was previously performed by Federal Government employees outside the United States. ``(b) Other Federal Contracts.--(1) A contract that is entered into by the head of an executive agency may not be performed outside the United States except to meet a requirement of the executive agency for the contract to be performed specifically at a location outside the United States. ``(2) The prohibition in paragraph (1) does not apply in the case of a contract of an executive agency if-- ``(A) the President determines in writing that it is necessary in the national security interests of the United States for the contract to be performed outside the United States; or ``(B) the head of such executive agency makes a determination and reports such determination on a timely basis to the Director of the Office of Management and Budget that-- ``(i) the property or services needed by the executive agency are available only by means of performance of the contract outside the United States; and ``(ii) no property or services available by means of performance of the contract inside the United States would satisfy the executive agency's need. ``(3) Paragraph (1) does not apply to the performance of a contract outside the United States under the exception provided in subsection (a). ``(c) State Contracts.--(1) Except as provided in paragraph (2), funds appropriated for financial assistance for a State may not be disbursed to or for such State during a fiscal year unless the chief executive of that State has transmitted to the Administrator for Federal Procurement Policy, not later than April 1 of the preceding fiscal year, a written certification that none of such funds will be expended for the performance outside the United States of contracts entered into by such State. ``(2) The prohibition on disbursement of funds to or for a State under paragraph (1) does not apply with respect to the performance of a State contract outside the United States if-- ``(A) the chief executive of such State-- ``(i) determines that the property or services needed by the State are available only by means of performance of the contract outside the United States and no property or services available by means of performance of the contract inside the United States would satisfy the State's need; and ``(ii) transmits a notification of such determination to the head of the executive agency of the United States that administers the authority under which such funds are disbursed to or for the State; and ``(B) the head of the executive agency receiving the notification of such determination-- ``(i) confirms that the facts warrant the determination; ``(ii) approves the determination; and ``(iii) transmits a notification of the approval of the determination to the Director of the Office of Management and Budget. ``(3) In this subsection, the term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. ``(d) Inapplicability of Limitations.--The limitations in subsections (b) and (c) shall not apply to procurement covered by the Agreement on Government Procurement of the World Trade Organization (as described in section 101(d)(17) of the Uruguay Round Agreement Act (19 U.S.C. 3511(d)(17))). ``(e) Responsibilities of OMB.--The Director of the Office of Management and Budget shall-- ``(1) maintain-- ``(A) the waivers granted under subsection (b)(2), together with the determinations and certifications on which such waivers were based; and ``(B) the notifications received under subsection (c)(2)(B)(iii); and ``(2) submit to Congress promptly after the end of each quarter of each fiscal year a report that sets forth-- ``(A) the waivers that were granted under subsection (b)(2) during such quarter; and ``(B) the notifications that were received under subsection (c)(2)(B)(iii) during such quarter. ``(f) Annual GAO Review.--The Comptroller General shall-- ``(1) review, each fiscal year, the waivers granted during such fiscal year under subsection (b)(2) and the disbursements of funds authorized pursuant to the exception in subsection (c)(2); and ``(2) promptly after the end of such fiscal year, transmit to Congress a report containing a list of the contracts covered by such waivers and exception together with a brief description of the performance of each such contract outside the United States.''. (2) Clerical amendment.--The table of sections in section 1(b) of such Act is amended by adding at the end the following new item: ``Sec. 42. Limitations on off-shore performance of contracts.''. (b) Inapplicability to States During First Two Fiscal Years.-- Section 42(c) of the Office of Federal Procurement Policy Act (as added by subsection (a)) shall not apply to disbursements of funds to a State during the fiscal year in which this Act is enacted and the next fiscal year. SEC. 3. REPEAL OF SUPERSEDED LAW. Section 647 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (division F of Public Law 108-199) is amended by striking subsection (e). SEC. 4. EFFECTIVE DATE AND APPLICABILITY. This Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act and, subject to subsection (b) of section 2, shall apply with respect to new contracts entered into on or after such date.

United States Workers Protection Act of 2005 - Amends the Office of Federal Procurement Policy Act to prohibit: (1) outsourced federal government work from being performed by a contractor or any subcontractor outside the United States unless federal employees previously performed such work outside the United States; (2) work on a contract from being performed outside the United States unless it is necessary in order to meet a requirement for the contract to be performed specifically at a location outside the United States or the President deems it necessary for national security reasons, or the head of the executive agency makes and reports a determination to the Director of the Office of Management and Budget that the property or services needed are available only outside the United States and no property or services available inside the United States would satisfy the agency's need; and (3) federal funds from being disbursed to a state until the Governor of the state has transmitted written certification that none of the funds will be spent for the performance of contracts outside the United States and if the Governor of such state determines that the property and services needed by the state are available only outside the United States and no property or services available inside the United States would satisfy the state's need and transmits a notification of such determination to the agency head administering the authority under which such funds are disbursed to or for such state.

A bill to protect United States workers from competition of foreign workforces for performance of Federal and State contracts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NICS Denial Notification Act of 2016''. SEC. 2. REPORTING OF BACKGROUND CHECK DENIALS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 925A the following: ``Sec. 925B. Reporting of background check denials to State authorities ``(a) If the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act provides a notice pursuant to section 922(t) of this title that the receipt of a firearm by a person would violate subsection (g) or (n) of section 922 of this title or State law, the Attorney General shall, in accordance with subsection (b) of this section-- ``(1) report to the law enforcement authorities of the State where the person sought to acquire the firearm, and, if different, the law enforcement authorities of the State of residence of the person-- ``(A) that the notice was provided; ``(B) of the specific provision of law that would have been violated; ``(C) of the date and time the notice was provided; ``(D) of the location where the firearm was sought to be acquired; and ``(E) of the identity of the person; and ``(2) where practicable, report the incident to local law enforcement authorities and State and local prosecutors in the jurisdiction where the firearm was sought and in the jurisdiction where the person resides. ``(b) A report is made in accordance with this subsection if the report is made within 24 hours after the provision of the notice described in subsection (a), except that the making of the report may be delayed for so long as is necessary to avoid compromising an ongoing investigation. ``(c) Subsection (a) shall not be interpreted to require a report with respect to a person to be made to the same State authorities that originally issued the notice with respect to the person.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 925A the following: ``925B. Reporting of background check denials to State authorities.''. SEC. 3. STUDY OF BACKGROUND CHECK DENIALS; ANNUAL REPORT TO CONGRESS. (a) In General.--Chapter 44 of title 18, United States Code, as amended by section 2(a) of this Act, is amended by inserting after section 925B the following: ``Sec. 925C. Study of background check denials; annual report to Congress ``(a) Not later than 1 year after the date of the enactment of this section, the Attorney General shall submit to the Congress a report detailing which categories of people prohibited by section 922(g) from receiving or possessing a firearm are most likely to engage in criminal activity. ``(b) Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Attorney General shall submit to the Congress a report detailing the following: ``(1) The findings of any research identifying which people who are denied a firearm pursuant to section 922(t) are most likely to engage in criminal activity. ``(2) With respect to each category of persons prohibited by section 922(g) from receiving or possessing a firearm who are so denied a firearm-- ``(A) the number of cases referred to the Bureau of Alcohol, Tobacco, Firearms and Explosives; ``(B) the number of cases with respect to which an investigation was opened by a field division of the Bureau; ``(C) the number of arrests made; ``(D) the number of persons charged with a criminal offense in connection with the denial; and ``(E) the number of convictions obtained by Federal authorities. ``(3) The number of background check notices reported to State authorities pursuant to section 925B (including the number of the notices that would have been so reported but for section 925B(c)), along with an accounting of why any notice described in such section was not so reported. ``(4) The number of background check notices reported to local authorities pursuant to section 925B, along with an accounting of the progress made in developing a system for reporting the notices to local authorities.''. (b) Clerical Amendment.--The table of sections for such chapter, as amended by section 2(b) of this Act, is amended by inserting after the item relating to section 925B the following: ``925C. Study of background check denials; annual report to Congress.''.

NICS Denial Notification Act of 2016 This bill amends the federal criminal code to require the Department of Justice (DOJ) to report certain information to state and local law enforcement authorities following a determination, by the National Instant Criminal Background Check System, that a prospective firearm purchaser is a prohibited person (i.e., a person who is prohibited from receiving or possessing a firearm). DOJ must report to Congress on the categories of prohibited persons who are most likely to engage in criminal activity.

NICS Denial Notification Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Contracting with the Enemy Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Element of the intelligence community.--The term ``element of the intelligence community'' means an element of the intelligence community specified or designated in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). (2) Enemy of the united states.--The term ``enemy of the United States'' means any person or organization determined by the Secretary of Defense or the Secretary of State to be hostile to United States forces or interests or providing support to any person or organization hostile to United States forces or interests during the time of a declared war, peacekeeping operation, or other military or contingency operation. (3) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code. (4) Federal acquisition regulation.--The term ``Federal Acquisition Regulation'' means the regulation maintained under section 1303(a)(1) of title 41, United States Code. (5) Federal contract.--The term ``Federal contract'' means any contract, including any order under a multiple award or indefinite delivery or indefinite quality contract, entered into by an executive agency for the procurement of property or services. SEC. 3. PROHIBITION ON CONTRACTS WITH ENEMIES. (a) In General.--Not later than 60 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation-- (1) to prohibit the awarding of Federal contracts to enemies of the United States; and (2) to provide that any Federal contract with an enemy of the United States shall be null and void and may be immediately terminated or rescinded by the head of the executive agency concerned at no cost to the United States Government, including any compensation otherwise due under termination for convenience, termination for default, or other contract provisions or provisions of law. (b) Prohibition on Subcontracts.--The regulations prescribed under subsection (a) shall prohibit the awarding of subcontracts under a Federal contract to enemies of the United States, and shall include the following requirements: (1) Federal contracts shall include a contract clause prohibiting the use of a subcontractor at any tier under the contract that is an enemy of the United States. (2) If the head of an executive agency determines that a prime contractor has subcontracted at any tier under a Federal contract with a contractor that is an enemy of the United States, the contracting official shall-- (A) direct the prime contractor to terminate the subcontract immediately with no further payment or compensation to the subcontractor; (B) notify the prime contractor that failure to terminate the subcontract shall be grounds for default on the prime contract; and (C) take all necessary actions to ensure that no further payments, including previously approved payments and compensation otherwise due under termination for convenience, termination for default, or other contract provisions or provisions of law, are made to the subcontractor. (c) Intelligence Community and National Security Exception.--The prohibitions under subsections (a) and (b) shall not apply to contracts entered into by elements of the intelligence community in support of intelligence activities or any other contract where national security may be compromised. (d) Monitoring of Terminated Contracts.--Not later than 90 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall direct the Administrator of General Services to add a field to the Federal Awardee Performance and Integrity Information System (``FAPIIS'') to record contracts voided or otherwise terminated based on a determination that the contract, or any subcontract under the contract, was with an enemy of the United States as defined under section 2(1). (e) Dissemination.--The Administrator for Federal Procurement Policy, in coordination with the Secretary of Defense and the Secretary of State, shall ensure that the regulations implementing this Act are disseminated to all personnel affected and that all contractors are made aware of this policy prior to contract awards. SEC. 4. DETERMINATION OF ENEMY STATUS. (a) Regulations.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall prescribe regulations establishing a process for the heads of executive agencies to make a determination that a party to a contract is an enemy of the United States as defined under section 2(1). (2) Elements.--The regulations prescribed under paragraph (1) shall establish-- (A) a process for verifying the information on which a determination under such paragraph is sufficiently reliable; (B) a process for protecting confidential sources; (C) a process requiring the heads of executive agencies to document the basis for determinations under paragraph (1) and the information relied upon in making such determinations; and (D) a process for retaining such information for possible review under section 5. SEC. 5. DUE PROCESS PROCEDURE. (a) In General.--Any contractor whose contract is voided or otherwise terminated under the procedures prescribed pursuant to section 3 may utilize the procedures established under chapter 71 of title 41, United States Code, except that the only basis for a claim under these procedures is that the contractor is not an enemy of the United States as defined under section 2(1). (b) Protection of National Security.--The regulations established under chapter 71 of title 41, United States Code, shall be amended to provide for the protection of national security as appropriate when a claim is submitted under subsection (a). SEC. 6. APPLICABILITY. This Act and the amendments made pursuant to this Act shall apply with respect to contracts entered into on or after the date of the enactment of this Act.

No Contracting with the Enemy Act of 2011 - Requires the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation (FAR) to prohibit the awarding of a federal contract to an enemy of the United States and to provide that any such contract shall be null and void and may be immediately terminated or rescinded. Extends similar prohibitions to subcontracts. Defines "enemy of the United States" as any person or organization determined by the Secretary of Defense or State to be hostile to U.S. forces or interests or providing support to any person or organization hostile to U.S. forces or interests during the time of a declared war, peacekeeping operation, or other military or contingency operation.

A bill to require the rescission or termination of Federal contracts and subcontracts with enemies of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reasonable Search Standards Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) During fiscal years 1997 and 1998 approximately 140,000,000 people entered the United States on international flights. (2) Customs Service personnel selected about 102,000 passengers for further inspection. (3) Of the 102,000 passengers, 95 percent were searched by Customs Service personnel for contraband or hidden weapons by patting the passenger's clothed body, 4 percent were strip searched, and 1 percent were subjected to an x-ray examination. (4) Generally, passengers of particular races and gender were more likely than other passengers to be subjected to more intrusive types of personal searches. (5) However, in some cases the types of passengers who were more likely to be subjected to more intrusive personal searches were not as likely to be found carrying contraband. (6) African-American women were nearly 3 times as likely as African-American men to be strip-searched, even though they were only half as likely to be found carrying contraband. (7) African-American men and women were nearly 9 times as likely, and Hispanic men and women were nearly 4 times as likely, as white American men and women to be x-rayed, even though they were no more likely to be found carrying contraband. SEC. 3. DEFINITIONS. In this Act: (1) Customs service personnel.--The term ``Customs Service personnel'' means employees of the United States Customs Service who are responsible for inspecting, searching, interviewing, or examining people entering the United States. (2) Intrusive nonroutine search.--The term ``intrusive nonroutine search'' means any of the following actions taken to detect or remove contraband from a person: (A) A search involving the removal of some of a person's clothing to search for merchandise hidden on a person's body, but not including removal of a person's coat, shoes, belt, or pocket contents (commonly referred to as a ``strip search''). (B) A search involving use of a medical x-ray to determine the presence of merchandise within the body, or of other x-ray technology to determine the presence of merchandise on the body, including a body scan search (commonly referred to as an ``x-ray search'' or a ``body scan search''). (C) Any visual or physical intrusion into the rectal or vaginal cavity (commonly referred to as a ``body cavity search''). (D) Any action to require the individual to take a laxative or other similar drug. (E) A monitored bowel movement. (F) A surgical procedure. (G) Any action similar or related to an action described in any of subparagraphs (A) through (F). (3) Pat down search.--The term ``pat down search'' means a search that involves physical contact with a person's body or clothing to detect or remove contraband from the individual, but does not include any of the actions described in subparagraphs (A) through (F) of paragraph (1). (4) Profiling.--The term ``profiling'' means identifying persons entering the United States for inspection, search (including intrusive nonroutine searches and pat down searches), interview, or examination in whole or in part on the basis of actual or perceived race, religion, gender, national origin, or sexual orientation. SEC. 4. PROHIBITION ON RACIAL OR OTHER DISCRIMINATORY PROFILING BY CUSTOMS SERVICE PERSONNEL. Customs Service personnel shall not subject travelers to detention, pat down searches, intrusive nonroutine searches, or similar investigative actions, based in whole or in part on the actual or perceived race, religion, gender, national origin, or sexual orientation, except when Customs Service personnel are acting upon specific information that a particular traveler suspected of engaging in specific illegal activity is described by 1 or more of such characteristics. SEC. 5. OTHER REQUIREMENTS RELATING TO SEARCHES. Before subjecting an individual to a pat down search or an intrusive nonroutine search, Customs Service personnel shall document reasons to support the belief that the individual may be carrying contraband in violation of Federal law. The preceding requirement shall not apply to a situation in which Customs Service personnel suspect the individual is carrying a weapon. SEC. 6. PERIODIC TRAINING OF CUSTOMS SERVICE PERSONNEL. The Commissioner of Customs shall require all Customs Service personnel to undergo, on a periodic basis, training on the procedures for identifying, detaining, and searching passengers, with particular emphasis on the prohibition on profiling. The training shall include a review of the reasons identified by Customs Service personnel for certain searches under section 5, the results of the searches conducted, and the effectiveness of the criteria used by Customs Service personnel. SEC. 7. ANNUAL STUDY AND REPORT ON DETENTIONS AND SEARCHES OF INDIVIDUALS BY CUSTOMS SERVICE PERSONNEL. (a) Study.--The Commissioner of Customs shall conduct a study on detentions and searches of persons by Customs Service personnel during the preceding calendar year. The study shall include the number of searches conducted by Customs Service personnel, the race, gender, and citizenship of the travelers subject to the searches, the type of searches conducted (including pat down searches and intrusive nonroutine searches) and the results of the searches. (b) Report.--Not later than March 31 of each year, the Commissioner of Customs shall submit to Congress an annual report containing the results of the study conducted under subsection (a) for the preceding calendar year. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated for fiscal year 2002 and each fiscal year thereafter such sums as may be necessary to carry out this Act. (b) Availability.--Amounts appropriated pursuant to subsection (a) shall remain available until expended.

Reasonable Search Standards Act - Prohibits U.S. Customs Service personnel from subjecting travelers to detention or searches based upon race, religion, gender, national origin, or sexual orientation, except when acting upon specific information that a particular traveler suspected of engaging in illegal activity is described by one or more of such characteristics.Requires Customs Service personnel, before a pat down or intrusive nonroutine search, to document reasons to support a belief that an individual may be carrying contraband in violation of Federal law. Waives such requirement with respect to anyone suspected of carrying a weapon.Instructs the Commissioner of Customs to require Customs Service personnel to undergo periodic training on identification, detention, and search procedures, with particular emphasis on profiling proscriptions.

A bill to prohibit the use of racial and other discriminatory profiling in connection with searches and detentions of individuals by the United States Customs Service personnel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Learning Opportunities With Creation of Open Source Textbooks (LOW COST) Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) The College Board reported that for the 2007 through 2008 academic years each student spent an estimated $805 to $1,229 on college books and supplies depending on the type of institution of higher education a student attended. (2) The gross margin on new college textbooks is currently 22.7 percent according to the National Association of College Stores. (3) In a recent study, the Government Accountability Office found that college textbook prices have risen at twice the rate of annual inflation over the last two decades. (4) An open source material project that would make high quality educational materials freely available to the general public would drop college textbook costs and increase accessibility to such education materials. (5) College-level open source course work materials in math, physics, and chemistry represent a high-priority first step in this area. (6) The scientific and technical workforce at Federal agencies, national laboratories, and federally supported university-based research programs could make a valuable contribution to this effort. (7) A Federal oversight role in the creation and maintenance of standard, publicly vetted textbooks is desirable to ensure that intellectual property is respected and that public standards for quality, educational effectiveness, and scientific accuracy are maintained. SEC. 3. OPEN SOURCE MATERIAL REQUIREMENT FOR FEDERAL AGENCIES. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the head of each agency that expends more than $10,000,000 in a fiscal year on scientific education and outreach shall use at least 2 percent of such funds for the collaboration on the development and implementation of open source materials as an educational outreach effort in accordance with subsection (b). (b) Requirements.--The head of each agency described in subsection (a) shall, under the joint guidance of the Director of the National Science Foundation and the Secretary of Energy, collaborate with the heads of any of the agencies described in such subsection or any federally supported laboratory or university-based research program to develop, implement, and establish procedures for checking the veracity, accuracy, and educational effectiveness of open source materials that-- (1) contain, at minimum, a comprehensive set of textbooks or other educational materials covering topics in college-level physics, chemistry, or math; (2) are posted on the Federal Open Source Material Website; (3) are updated prior to each academic year with the latest research and information on the topics covered in the textbooks or other educational materials available on the Federal Open Source Material Website; and (4) are free of copyright violations. SEC. 4. GRANT PROGRAM. (a) Grants Authorized.--From the amounts appropriated under subsection (d), the Director and the Secretary shall jointly award grants to eligible entities to produce open source materials in accordance with subsection (c). (b) Application.--To receive a grant under this section, an eligible entity shall submit an application to the Director and the Secretary at such time, in such manner, and containing such information as the Director and Secretary may require. (c) Uses of Grant.--An eligible entity that receives a grant under this section shall use such funds-- (1) to develop and implement open source materials that contain educational materials covering topics in college-level physics, chemistry, or math; and (2) to evaluate the open sources materials produced with the grant funds awarded under this section and to submit a report containing such evaluation to the Director and Secretary. (d) Authorization of Appropriations.--There are authorized to be appropriated $15,000,000 to carry out this section for fiscal year 2010 and such sums as necessary for each succeeding fiscal year. SEC. 5. REGULATIONS. The Director and the Secretary shall jointly prescribe regulations necessary to implement this Act, including redistribution and attribution standards for open source materials produced under this Act. SEC. 6. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Eligible entity.--The term ``eligible entity'' means an institution of higher education, nonprofit or for-profit organization, Federal agency, or any other organization that produces the open source materials described in section 4(c). (3) Federal open source material website.--The phrase ``Federal Open Source Material Website'' means the website where the head of each agency described in section 3 shall post the open source materials pursuant to such section, which shall be made available free of charge to, and may be downloaded, redistributed, changed, revised or otherwise altered by, any member of the general public. (4) Institution of higher education.--The term ``institution of higher education'' means an institution of higher education as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (5) Open source materials.--The term ``open source materials'' means materials that are posted on a website that is available free of charge to, and may be downloaded, redistributed changed, revised or otherwise altered by, any member of the general public. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy.

Learning Opportunities With Creation of Open Source Textbooks (LOW COST) Act of 2009 - Requires each federal agency that expends more than $10 million in a fiscal year on scientific education and outreach to use at least 2% of such funds for collaboration on the development and implementation of open source materials as an educational outreach effort. Directs such agencies, under the joint guidance of the Director of the National Science Foundation (NSF) and the Secretary of Energy (DOE), to collaborate with each other or with any federally supported laboratory or university-based research program to develop, implement, and establish procedures for checking the veracity, accuracy, and educational effectiveness of open source materials that: (1) contain a comprehensive set of textbooks or other educational materials covering topics in college-level physics, chemistry, or math; (2) such agencies post on a Federal Open Source Material Website, which shall be available to the public without charge; (3) are updated prior to each academic year with the latest research and information ; and (4) are free of copyright violations. Requires the Director and the Secretary to award joint grants to eligible entities to: (1) develop and implement such open source materials; and (2) evaluate and report to the Director and Secretary on the materials produced.

To require Federal agencies to collaborate in the development of freely-available open source educational materials in college-level physics, chemistry, and math, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) Modernization and Reform Act of 2006''. SEC. 2. GRADUATED PENALTIES FOR CIVIL VIOLATIONS BY FEDERAL FIREARMS LICENSEES. (a) In General.--Section 923 of title 18, United States Code, is amended by striking subsections (e) and (f) and inserting the following: ``(e)(1)(A) If the Attorney General determines that a licensee under this section has willfully violated any provision of this chapter or any regulation prescribed under this chapter, the Attorney General may-- ``(i) if the violation is of a minor nature-- ``(I) impose on the licensee a civil money penalty of not more than $1,000 for each such violation, except that the total amount of penalties imposed on a licensee under this subclause for violations arising from a single inspection or examination shall not exceed $5,000; or ``(II) suspend the license for not more than 30 days, and specify the circumstances under which the suspension is to be terminated, if, in the period for which the license is in effect, there have been at least 2 prior occasions on which the licensee has been determined to have violated this chapter; or ``(ii) if the violation is of a serious nature-- ``(I) impose on the licensee a civil money penalty of not more than $2,500 for each such violation, except that the total amount of penalties imposed on a licensee under this subclause for a violations arising from a single inspection or examination shall not exceed $15,000; ``(II) suspend the license for not more than 90 days, and specify the circumstances under which the suspension is to be terminated; ``(III) revoke the license; or ``(IV) take the actions described in subclauses (I) and (II), or subclauses (I) and (III). ``(B)(i)(I) In determining the amount of a civil money penalty to impose under subparagraph (A) on a licensee, the nature and severity of the violation involved, the size of the firearms business operated by the licensee, and the prior record of the licensee shall be considered. ``(II) On request of the licensee, the Attorney General may consider the ability of the licensee to pay a civil money penalty, and may allow the licensee to submit documents and information to establish the ability of the licensee to pay. The Attorney General shall not make part of any public record any document or information so submitted, and shall return to the licensee any such document or information. ``(III) The total amount of penalties imposed on a licensee under subparagraph (A) with respect to violations of a minor nature and of a serious nature arising from a single inspection or examination shall not exceed $15,000. ``(ii) For purposes of subparagraph (A), violation of a provision of this chapter with respect to 2 or more firearms during a single transaction shall be considered a single violation of the provision. ``(iii) The Attorney General may defer, or suspend, in whole or in part, the imposition of a civil money penalty on a licensee whose license is suspended under this paragraph. ``(C) For purposes of subparagraph (A): ``(i) A violation of this chapter shall be considered to be of a serious nature if the violation-- ``(I) results in or could have resulted in the transfer of a firearm or ammunition to a person prohibited from possessing or receiving the firearm or ammunition under this chapter or under State or local law; ``(II) obstructs or could have obstructed a bona fide criminal investigation or prosecution, or an inspection or examination under this chapter; or ``(III) prevents or could have prevented a licensee from complying with subsection (a)(7), (a)(8), (b)(1), (b)(3), (b)(4), (j), (k), (o), or (p) of section 922, subsection (g)(7) of this section, or subsection (b) or (h) of section 924. ``(ii) A violation of this chapter shall be considered to be of a minor nature if the violation is not of a serious nature. ``(D) The Attorney General may not commence an enforcement action under subparagraph (A) with respect to a violation, after the 5-year period that begins with-- ``(i) the date the violation occurred; or ``(ii) if the licensee intentionally obstructed discovery of the violation, the date the violation is discovered. ``(2)(A) Not less than 30 days before the effective date of any penalty imposed on a licensee by reason of a determination made under paragraph (1), the Attorney General shall send the licensee a written notice-- ``(i) of the determination, and the grounds on which the determination was made; ``(ii) of the nature of the penalty; and ``(iii) that the licensee may, within 30 days after receipt of the notice, request a hearing to review the determination. ``(B) A hearing to review a determination made under paragraph (1) with respect to a licensee shall not be held unless the licensee requests such a hearing within 30 days after receiving the notice of the determination sent pursuant to subparagraph (A). ``(C) On timely receipt from the licensee of a request for such a review, the Attorney General shall stay the imposition under paragraph (1) of any penalty involved, pending resolution of the review, unless, in the case of a suspension or revocation of a licensee, the Attorney General establishes, at a hearing before an administrative law judge, by clear and convincing evidence, that the continued operation by the licensee of the business poses an immediate and grave threat to public safety. ``(3)(A) Within 90 days after timely receipt from a licensee of a request to review a determination made under paragraph (1) (or at such later time as is agreed to by the Attorney General and the licensee), an administrative law judge shall hold a hearing, at a location convenient to the licensee, to review the determination. ``(B) Not less than 30 days before the hearing, the Attorney General shall deliver to the licensee-- ``(i) a document identifying each person whom the Attorney General intends to call as a witness during the hearing; ``(ii) a copy of each document which will be introduced as evidence at the hearing; and ``(iii) copies of all documents on which the determination is based. ``(C) Within 90 days after the hearing, the administrative law judge shall issue a written decision setting forth findings of fact and conclusions of law, and a decision as to whether to affirm, modify, or reverse the determination. ``(D) On request of the licensee, the Attorney General shall stay the effective date of any penalty, suspension, or revocation until there has been a final, nonreviewable judgment with respect to the determination involved, unless, in the case of a suspension or revocation of a licensee, the Attorney General establishes, at a hearing before an administrative law judge, by clear and convincing evidence, that the continued operation by the licensee of the business poses an immediate and grave threat to public safety. ``(E) The action of an administrative law judge under this subsection shall be considered final agency action for all purposes, and may be reviewed only as provided in subsection (f). ``(4) This subsection shall not be interpreted to affect the authority of the Attorney General under section 922(t)(5). ``(f)(1) Within 60 days after a party receives a notice issued under subsection (d)(3) of a decision to deny a license, or a notice issued under subsection (e)(3)(C) of a determination to impose a civil money penalty or to suspend or revoke a license, the party may file a petition with the United States district court for the district in which the party resides or has a principal place of business for a de novo review of the decision or determination. ``(2) In a proceeding conducted under this paragraph, the court shall, on application of a party, consider any evidence submitted by the parties to the proceeding whether or not the evidence was considered at the hearing held under subsection (d)(3) or (e)(3). ``(3) If the court decides that the decision or determination was not authorized, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court. ``(4) If criminal proceedings are instituted against a licensee alleging any violation of this chapter or of a regulation prescribed under this chapter, and the licensee is acquitted of the charges, or the proceedings are terminated, other than upon motion of the Government before trial on the charges, the Attorney General shall be absolutely barred from denying a license under this chapter, suspending or revoking a license granted under this chapter, or imposing a civil money penalty under subsection (e), if the action would be based in whole or in part on the facts which form the basis of the criminal charges. ``(5) The Attorney General may not institute a proceeding to suspend or revoke a license granted under this chapter, or to impose a civil money penalty under subsection (e), more than 1 year after the filing of the indictment or information.''. (b) Conforming Amendment to Procedure Applicable to Denial of Application for License.--Section 923(d) of such title is amended by adding at the end the following: ``(3) If the Attorney General denies an application for a license, an administrative law judge of the Department of Justice shall, on request by the aggrieved party, promptly hold a hearing to review the denial, at a location convenient to the aggrieved party. If, after the hearing, the administrative law judge decides not to reverse the denial, the administrative law judge shall give notice of the final denial decision to the aggrieved party.''. SEC. 3. CONSIDERATION OF FEDERAL FIREARMS LICENSE APPLICATIONS. (a) In General.--Section 923(d) of title 18, United States Code, as amended by section 2(b) of this Act, is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4) and inserting after paragraph (1) the following: ``(2) The Attorney General shall make a preliminary determination as to whether to approve or deny an application submitted under subsection (a) or (b). If the preliminary determination is to deny the application, the Attorney General shall notify the applicant in writing of the preliminary determination and the reasons for the preliminary determination, and shall afford the applicant an opportunity to supplement the application with additional information and to request a hearing on the application. If the applicant, in a timely manner, requests such a hearing, the Attorney General shall hold the hearing at a location convenient to the applicant, and shall notify the applicant in writing of the time and place of the hearing.''. (b) Conforming Amendment.--Section 923(f) of such title, as amended by section 2(a) of this Act, is amended by striking ``(d)(3)'' each place it appears and inserting ``(d)(4)''. SEC. 4. DEFINITION OF WILLFULLY. Section 923(e) of title 18, United States Code, as amended by section 2(a) of this Act, is amended by adding at the end the following: ``(5) For purposes of this subsection, the term `willfully' means, with respect to conduct of a person, that the person knew of a legal duty, and engaged in the conduct knowingly and in intentional disregard of the duty.''. SEC. 5. ESTABLISHMENT OF FORMAL INSPECTION, EXAMINATION, AND INVESTIGATIVE GUIDELINES. The Attorney General shall establish guidelines for how the Bureau of Alcohol, Tobacco, Firearms, and Explosives is to conduct inspections, examinations, or investigations of possible violations of chapters 40 and 44 of title 18, United States Code. SEC. 6. REVIEW BY THE INSPECTOR GENERAL OF THE DEPARTMENT OF JUSTICE OF THE GUN SHOW ENFORCEMENT PROGRAM; REPORT. (a) Review.--The Inspector General of the Department of Justice shall conduct a review of the operations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, for the purpose of assessing the manner in which the Bureau conducts the gun show enforcement program and blanket residency checks of prospective and actual firearms purchasers. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a written report that contains the findings of the review required by subsection (a), and includes such recommendations as may be appropriate. SEC. 7. LIMITATIONS ON USE OF FIREARMS PURCHASER INFORMATION. Section 923(g)(1)(D) of title 18, United States Code, is amended in the last sentence by inserting ``, except that information identifying a person who has purchased or received firearms or ammunition and who is not prohibited from doing so may not be so made available or so provided unless the agency involved has certified that the agency will not disclose the information to any entity other than a court, federal, State or local law enforcement agency, or prosecutor'' before the period. SEC. 8. LIQUIDATION OF INVENTORY IN FEDERAL FIREARMS LICENSE EXPIRATION, SURRENDER, OR REVOCATION CASES. Section 923 of title 18, United States Code, is amended by adding at the end the following: ``(m)(1) Except as provided in paragraph (2), a person whose license issued under this chapter is expired, surrendered, or revoked shall be afforded 60 days from the effective date of the expiration, surrender, or revocation to liquidate the firearms inventory of the person, which time may be extended upon a showing of reasonable cause. During such 60-day period (including any extension of the period), the license involved shall continue to be considered valid. ``(2) Paragraph (1) shall not apply with respect to a person if a United States District Court for the judicial district in which the person resides or in which the principal place of business of the person subject to the license is located finds, by clear and convincing evidence, that the continued operation by the person of the business poses an immediate and grave threat to public safety.''. SEC. 9. OPPORTUNITY TO CURE VIOLATIONS AFTER ACQUISITION OF FIREARMS BUSINESS. Section 923 of title 18, United States Code, is further amended by adding at the end the following: ``(n) If the Attorney General is made aware that a business licensed under this chapter has transferred to a surviving spouse or child of the licensee, to an executor, administrator, or other legal representative of a deceased licensee; or to a receiver or trustee in bankruptcy, or an assignee for benefit of creditors, and, before the transfer, or on the first inspection or examination by the Attorney General of the records of the licensee after the transfer, the licensee is found to be operating the business in violation of this chapter, the Attorney General-- ``(1) shall notify the transferee of the violation by the transferor; and ``(2) shall not presume that the transferee is committing the violation.''. SEC. 10. STANDARDS FOR CRIMINAL VIOLATIONS OF RECORDKEEPING REQUIREMENTS. Section 922(m) of title 18, United States Code, is amended-- (1) by striking ``any false entry'' and inserting ``a materially false entry''; (2) by striking ``appropriate entry'' and inserting ``a materially significant entry''; and (3) by striking ``properly maintain'' and inserting ``retain custody of''. SEC. 11. AUTHORITY TO COLLECT INFORMATION ON EXPLOSIVES STORED UNDER STATE LAW; REGULATIONS GOVERNING STORAGE OF EXPLOSIVES MADE APPLICABLE TO STORAGE OF EXPLOSIVES BY AGENCIES OPERATING UNDER STATE LAW. (a) Authority to Collect Information on Explosives Stored Under State Law.-- (1) In general.--Section 846 of title 18, United States Code, is amended by adding at the end the following: ``(c) Each agency operating under the law of any State or political subdivision thereof that stores or keeps explosive materials shall submit to the Attorney General, at such time as the Attorney General shall prescribe in regulations, a written report that specifies each location at which the agency stores or keeps explosive materials that have been shipped or transported in interstate or foreign commerce, and the types and amounts of such explosive materials that are stored or kept at the location.''. (2) Regulations.--Within 6 months after the date of the enactment of this section, the Attorney General shall prescribe the regulations referred to in section 846(c) of title 18, United States Code. (b) Regulations Governing Storage of Explosives Made Applicable to Storage of Explosives by Agencies Operating Under State Law.--Subpart K of part 555 of subchapter C of chapter II of title 27, Code of Federal Regulations, shall apply with respect to the storage by agencies operating under the law of any State or political subdivision thereof of explosive materials that have been shipped or transported in interstate or foreign commerce. SEC. 12. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect at the end of the 180-day period that begins with the date of the enactment of this Act. Passed the House of Representatives September 26, 2006. Attest: KAREN L. HAAS, Clerk.

Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) Modernization and Reform Act of 2006 - (Sec. 2) Amends the federal criminal code to revise the civil penalties for violations of firearms law and the procedures for assessing such penalties. Requires fines to be based upon the nature and severity of the violation, the size of the firearms business involved, and the prior record of the firearm's licensee. Limits total civil penalties to $15,000. Allows the Attorney General to consider the financial ability of a licensee to pay a civil penalty and defer or suspend part or all of the penalty on a licensee whose license is suspended. Imposes a five-year limitation period for civil penalty enforcement actions. Revises procedures for civil enforcement hearings before an administrative law judge. (Sec. 3) Requires the Attorney General to make a preliminary determination on firearm license applications and to notify applicants in writing of a proposed denial. Allows license applicants to obtain the reasons for the denial and to request a hearing on the application. (Sec. 4) Defines the legal standard of "willfully" for purposes of determining violations of firearm requirements to require a showing that a person knew of a legal duty and engaged in conduct knowingly and in intentional disregard of the duty. (Sec. 5) Directs the Attorney General to establish guidelines for Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) inspections, examinations, or investigations of possible firearms violations. (Sec. 6) Requires the Inspector General of the Department of Justice to review and report to the House and Senate Judiciary Committees on ATF operations relating to the gun show enforcement program and blanket residency checks of prospective and actual firearms purchases. (Sec. 7) Amends the federal criminal code to prohibit ATF from disclosing information on firearms purchasers other than to a court or to law enforcement officials. (Sec. 8) Permits a person whose firearms license is expired, surrendered, or revoked 60 days to liquidate firearms inventory. Allows extensions of such 60-day period for reasonable cause. (Sec. 9) Requires the Attorney General to notify the transferee of a firearms business that the former owner of such business was operating in violation of firearms requirements and to not presume that the transferee is committing the violation. (Sec. 10) Amends federal criminal code provisions relating to firearms record-keeping requirements to prohibit a materially false entry or an omission of a materially significant entry in a required record (currently, "any false entry" or the omission of an "appropriate entry" is prohibited). (Sec. 11) Requires any state agency that stores or keeps explosive materials to submit a written report to the Attorney General that specifies each location at which such materials are kept or stored and the types and amounts of such materials. Makes certain federal regulations governing the storage of explosive applicable to state agencies storing explosive materials.

To modernize and reform the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Energy Savings Program Act''. SEC. 2. RURAL ENERGY SAVINGS PROGRAM. Title VI of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 note et seq.) is amended by adding the following new section: ``SEC. 6407. RURAL ENERGY SAVINGS PROGRAM. ``(a) Purpose.--The purpose of this section is to create and save jobs by providing loans to qualified consumers that will use the loan proceeds to implement energy efficiency measures to achieve significant reductions in energy costs, energy consumption, or carbon emissions. ``(b) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) any public power district, public utility district, or similar entity, or any electric cooperative described in sections 501(c)(12) or 1381(a)(2)(C) of the Internal Revenue Code of 1986, that borrowed and repaid, prepaid, or is paying an electric loan made or guaranteed by the Rural Utilities Service (or any predecessor agency); or ``(B) any entity primarily owned or controlled by an entity or entities described in subparagraph (A). ``(2) Energy efficiency measures.--The term `energy efficiency measures' means, for or at property served by an eligible entity, structural improvements and investments in cost-effective, commercial off-the-shelf technologies to reduce home energy use. ``(3) Qualified consumer.--The term `qualified consumer' means a consumer served by an eligible entity that has the ability to repay a loan made under subsection (d), as determined by an eligible entity. ``(4) Qualified entity.--The term `qualified entity' means a non-governmental, not-for-profit organization that the Secretary determines has significant experience, on a national basis, in providing eligible entities with-- ``(A) energy, environmental, energy efficiency, and information research and technology; ``(B) training, education, and consulting; ``(C) guidance in energy and operational issues and rural community and economic development; ``(D) advice in legal and regulatory matters affecting electric service and the environment; and ``(E) other relevant assistance. ``(5) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Rural Utilities Service. ``(c) Loans and Grants to Eligible Entities.-- ``(1) Loans authorized.--Subject to paragraph (2), the Secretary shall make loans to eligible entities that agree to use the loan funds to make loans to qualified consumers as described in subsection (d) for the purpose of implementing energy efficiency measures. ``(2) List, plan, and measurement and verification required.-- ``(A) In general.--As a condition to receiving a loan or grant under this subsection, an eligible entity shall-- ``(i) establish a list of energy efficiency measures that is expected to decrease energy use or costs of qualified consumers; ``(ii) prepare an implementation plan for use of the loan funds; and ``(iii) provide for appropriate measurement and verification to ensure the effectiveness of the energy efficiency loans made by the eligible entity and that there is no conflict of interest in the carrying out of this section. ``(B) Revision of list of energy efficiency measures.--An eligible entity may update the list required under subparagraph (A)(i) to account for newly available efficiency technologies, subject to the approval of the Secretary. ``(C) Existing energy efficiency programs.--An eligible entity that, on or before the date of the enactment of this section or within 60 days after such date, has already established an energy efficiency program for qualified consumers may use an existing list of energy efficiency measures, implementation plan, or measurement and verification system of that program to satisfy the requirements of subparagraph (A) if the Secretary determines the list, plans, or systems are consistent with the purposes of this section. ``(3) No interest.--A loan under this subsection shall bear no interest. ``(4) Repayment.--A loan under this subsection shall be repaid not more than 10 years from the date on which an advance on the loan is first made to the eligible entity. ``(5) Loan fund advances.--The Secretary shall provide eligible entities with a schedule of not more than ten years for advances of loan funds, except that any advance of loan funds to an eligible entity in any single year shall not exceed 50 percent of the approved loan amount. ``(6) Jump-start grants.--The Secretary shall make grants available to eligible entities selected to receive a loan under this subsection in order to assist an eligible entity to defray costs, including costs of contractors for equipment and labor, except that no eligible entity may receive a grant amount that is greater than four percent of the loan amount. ``(d) Loans to Qualified Consumers.-- ``(1) Terms of loans.--Loans made by an eligible entity to qualified consumers using loan funds provided by the Secretary under subsection (c)-- ``(A) may bear interest, not to exceed three percent, to be used for purposes that include establishing a loan loss reserve and to offset personnel and program costs of eligible entities to provide the loans; ``(B) shall finance energy efficiency measures for the purpose of decreasing energy usage or costs of the qualified consumer by an amount such that a loan term of not more than ten years will not pose an undue financial burden on the qualified consumer, as determined by the eligible entity; ``(C) shall not be used to fund energy efficiency measures made to personal property unless the personal property-- ``(i) is or becomes attached to real property as a fixture; or ``(ii) is a manufactured home; ``(D) shall be repaid through charges added to the electric bill of the qualified consumer; and ``(E) shall require an energy audit by an eligible entity to determine the impact of proposed energy efficiency measures on the energy costs and consumption of the qualified consumer. ``(2) Contractors.--In addition to any other qualified general contractor, eligible entities may serve as general contractors. ``(e) Contract for Measurement and Verification, Training, and Technical Assistance.-- ``(1) Contract required.--Not later than 60 days after the date of enactment of this section, the Secretary shall enter into one or more contracts with a qualified entity for the purposes of-- ``(A) providing measurement and verification activities, including-- ``(i) developing and completing a recommended protocol for measurement and verification for the Rural Utilities Service; ``(ii) establishing a national measurement and verification committee consisting of representatives of eligible entities to assist the contractor in carrying out this section; ``(iii) providing measurement and verification consulting services to eligible entities that receive loans under this section; and ``(iv) providing training in measurement and verification; and ``(B) developing a program to provide technical assistance and training to the employees of eligible entities to carry out this section. ``(2) Use of subcontractors authorized.--A qualified entity that enters into a contract under paragraph (1) may use subcontractors to assist the qualified entity in performing the contract. ``(f) Fast Start Demonstration Projects.-- ``(1) Demonstration projects required.--The Secretary shall enter into agreements with eligible entities (or groups of eligible entities) that have energy efficiency programs described in subsection (c)(2)(C) to establish an energy efficiency loan demonstration projects consistent with the purposes of this section that-- ``(A) implement approaches to energy audits and investments in energy efficiency measures that yield measurable and predictable savings; ``(B) use measurement and verification processes to determine the effectiveness of energy efficiency loans made by eligible entities; ``(C) include training for employees of eligible entities, including any contractors of such entities, to implement or oversee the activities described in subparagraphs (A) and (B); ``(D) provide for the participation of a majority of eligible entities in a State; ``(E) reduce the need for generating capacity; ``(F) provide efficiency loans to-- ``(i) not fewer than 20,000 consumers, in the case of a single eligible entity; or ``(ii) not fewer than 80,000 consumers, in the case of a group of eligible entities; and ``(G) serve areas where a large percentage of consumers reside-- ``(i) in manufactured homes; or ``(ii) in housing units that are more than 50 years old. ``(2) Deadline for implementation.--The agreements required by paragraph (1) shall be entered into not later than 90 days after the date of enactment of this section. ``(3) Effect on availability of loans nationally.--Nothing in this subsection shall delay the availability of loans to eligible entities on a national basis beginning not later than 180 days after the date of enactment of this section. ``(4) Additional demonstration project authority.--The Secretary may conduct demonstration projects in addition to the project required by paragraph (1). The additional demonstration projects may be carried out without regard to subparagraphs (D), (F), or (G) of paragraph (1). ``(g) Additional Authority.--The authority provided in this section is in addition to any authority of the Secretary to offer loans or grants under any other law. ``(h) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to the Secretary in fiscal year 2010 $993,000,000 to carry out this section. Notwithstanding paragraph (2), amounts appropriated pursuant to this authorization of appropriations shall remain available until expended. ``(2) Amounts for loans, grants, staffing.--Of the amounts appropriated pursuant to the authorization of appropriations in paragraph (1), the Secretary shall make available-- ``(A) $755,000,000 for the purpose of covering the cost of direct loans to eligible entities under subsection (c) to subsidize gross obligations in the principal amount of not to exceed $4,900,000,000; ``(B) $25,000,000 for measurement and verification activities under subsection (e)(1)(A); ``(C) $2,000,000 for the contract for training and technical assistance authorized by subsection (e)(1)(B); ``(D) $200,000,000 for jump-start grants authorized by subsection (c)(6); and ``(E) $1,100,000 for each of fiscal years 2010 through 2019 for ten additional employees of the Rural Utilities Service to carry out this section. ``(i) Effective Period.--Subject to subsection (h)(1) and except as otherwise provided in this section, the loans, grants, and other expenditures required to be made under this section are authorized to be made during each of fiscal years 2010 through 2014. ``(j) Regulations.-- ``(1) In general.--Except as otherwise provided in this subsection, not later than 180 days after the date of enactment of this section, the Secretary shall promulgate such regulations as are necessary to implement this section. ``(2) Procedure.--The promulgation of the regulations and administration of this section shall be made without regard to-- ``(A) chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act'); and ``(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking. ``(3) Congressional review of agency rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. ``(4) Interim regulations.--Notwithstanding paragraphs (1) and (2), to the extent regulations are necessary to carry out any provision of this section, the Secretary shall implement such regulations through the promulgation of an interim rule.''.

Rural Energy Savings Program Act - Amends the Farm Security and Rural Investment Act of 2002 to authorize the Secretary of Agriculture (through the Rural Utilities Service) to make interest-free loans to eligible entities for loans to qualified consumers to implement energy efficiency measures. Directs the Secretary to make grants to such entities to defray related costs, including costs for equipment and labor. Directs the Secretary to contact with a qualified entity to provide: (1) verification and measurement activities for the Rural Utilities Service, including training; and (2) technical assistance and training for employees of eligible entities. Directs the Secretary to enter into agreements with eligible entities, or groups of eligible entities, that have specified energy efficiency programs for energy efficiency loan demonstration projects.

A bill to amend the miscellaneous rural development provisions of the Farm Security and Rural Investment Act of 2002 to authorize the Secretary of Agriculture to make loans to certain entities that will use the funds to make loans to consumers to implement energy efficiency measures involving structural improvements and investments in cost-effective, commercial off-the-shelf technologies to reduce home energy use.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Insurance Implementation Reform Act of 2013''. SEC. 2. 3-YEAR DELAY IN IMPLEMENTATION OF REQUIRED PREMIUM ADJUSTMENT UPON REMAPPING. Notwithstanding any other provision of law, subsection (h) of section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(h)), as added by section 100207 of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 919), shall have no force or effect until the date that is 3 years after the date of the enactment of this Act. SEC. 3. 5-YEAR DELAY IN IMPLEMENTATION OF FULL ACTUARIAL RATES FOR NEWLY PURCHASED PROPERTIES. (a) Delayed Implementation.--Paragraph (2) of section 1307(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(g)(2)) is amended by inserting ``the expiration of the 5-year period that begins upon'' before ``the date of enactment of the Biggert-Waters Flood Insurance Reform Act of 2012''. (b) Treatment of Intervening Rate Increases.--The amendment made by subsection (a) shall be construed to require that, in the case of any property purchased after the date of the enactment of the Biggert- Waters Flood Insurance Reform Act of 2012 but before the date of the enactment of this Act, any premium rate increase made with respect to such purchase pursuant to section 1307(g)(2) of the National Flood Insurance Act of 1968 be reversed. SEC. 4. ADEQUATE PROGRESS ON CONSTRUCTION OF FLOOD PROTECTION SYSTEMS. Subsection (e) of section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(e)) is amended by adding after the period at the end the following: ``Notwithstanding any other provision of law, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, the Administrator shall not consider the level of Federal funding of or participation in the construction, reconstruction, or improvement.''. SEC. 5. COMMUNITIES RESTORING DISACCREDITED FLOOD PROTECTION SYSTEMS. Subsection (f) of section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(f)) is amended by striking the first sentence and inserting the following: ``Notwithstanding any other provision of law, this subsection shall apply to riverine and coastal levees, but only in a community which has been determined by the Administrator of the Federal Emergency Management Agency to be in the process of restoring flood protection afforded by a flood protection system that had been previously accredited on a Flood Insurance Rate Map as providing 100-year frequency flood protection but no longer does so, and shall apply without regard to the level of Federal funding of or participation in the construction, reconstruction, or improvement of the flood protection system.''. SEC. 6. AFFORDABILITY STUDY. Section 100236 of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 957) is amended-- (1) in subsection (c), by striking ``Not'' and inserting the following: ``Subject to subsection (e), not''; (2) in subsection (d)-- (A) by striking ``(d) Funding.--Notwithstanding'' and inserting the following: ``(d) Funding.-- ``(1) National flood insurance fund.--Notwithstanding''; and (B) by adding at the end the following: ``(2) Other funding sources.--To carry out this section, in addition to the amount made available under paragraph (1), the Administrator may use any other amounts that are available to the Administrator.''; and (3) by adding at the end the following new subsection: ``(e) Alternative.--If the Administrator determines that the report required under subsection (c) cannot be submitted by the date specified under subsection (c)-- ``(1) the Administrator shall notify, not later than 60 days after the date of enactment of this subsection, the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives of an alternative method of gathering the information required under this section; ``(2) the Administrator shall submit, not later than 180 days after the Administrator submits the notification required under paragraph (1), to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives the information gathered using the alternative method described in paragraph (1); and ``(3) upon the submission of information required under paragraph (2), the requirement under subsection (c) shall be deemed satisfied.''. SEC. 7. MAPPING OF NON-STRUCTURAL FLOOD MITIGATION FEATURES. Section 100216 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b) is amended-- (1) in subsection (b)(1)(A)-- (A) in clause (iv), by striking ``and'' at the end; (B) by redesignating clause (v) as clause (vi); (C) by inserting after clause (iv) the following new clause: ``(v) areas that are protected by non- structural flood mitigation features; and''; and (D) in clause (vi) (as so redesignated), by inserting before the semicolon at the end the following: ``and by non-structural flood mitigation features''; and (2) in subsection (d)(1)-- (A) by redesignating subparagraphs (A) through (C) as subparagraphs (B) through (D), respectively; and (B) by inserting before subparagraph (B) (as so redesignated) the following new subparagraph: ``(A) work with States, local communities, and property owners to identify areas and features described in subsection (b)(1)(A)(v);''.

Flood Insurance Implementation Reform Act of 2013 - Delays until three years after enactment of this Act the requirement of the Biggert-Waters Flood Insurance Reform Act of 2012 (Biggert-Waters) that any property located in an area participating in the national flood insurance program have the risk premium rate charged for flood insurance on the property adjusted to accurately reflect its current risk of flood. Amends the National Flood Insurance Act of 1968 to delay until five years after enactment of Biggert-Waters the prohibition against provision to prospective insureds of flood insurance by the Federal Emergency Management Agency (FEMA) at (subsidy) rates less than full actuarial estimates for property purchased after enactment of Biggert-Waters. Prohibits FEMA, when determining whether a community has made adequate progress on flood protection improvement systems, from counting federal funding or participation in such efforts. Makes flood insurance available at certain special flood hazard area rates to riverine and coastal levees located in a community which FEMA has determined to be in the process of restoring a flood protection system previously accredited on a Flood Insurance Rate Map as providing 100-year frequency flood protection but which no longer does so. Requires such rates to apply without regard to the level of federal funding or participation. Amends Biggert-Waters to authorize FEMA to to use other funds in addition to those specified in that Act to carry out a specified affordability study. Requires FEMA, upon notice to certain congressional committees that it cannot submit the report on that study by the current deadline, to specify in such notice an alternative method of gathering the requisite information and subsequently to submit the information so gathered. Directs FEMA to: (1) identify, review, update, maintain and publish National Flood Insurance rate maps pertaining to areas protected by non-structural flood mitigation features; and (2) work with states, local communities, and property owners to identify such areas and features.

Flood Insurance Implementation Reform Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Housing Expansion and Public Safety Act''. SEC. 2. INCREASE IN INCREMENTAL SECTION 8 VOUCHERS. (a) In General.--In fiscal year 2007 and subject to renewal, the Secretary of Housing and Urban Development shall provide an additional 100,000 incremental vouchers for tenant-based rental housing assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)). (b) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated $8,400,000,000 for the provision and renewal of the vouchers described in subsection (a). (2) Availability.--Any amount appropriated under paragraph (1) shall remain available until expended. (3) Carryover.--To the extent that any amounts appropriated for any fiscal are not expended by the Secretary of Housing and Urban Development in such fiscal year for purposes of subsection (a), any remaining amounts shall be carried forward for use by the Secretary to renew the vouchers described in subsection (a) in subsequent years. (c) Distribution of Amounts.-- (1) Administrative costs.--The Secretary may not use more than $800,000,000 of the amounts authorized under paragraph (1) to cover the administrative costs associated with the provision and renewal of the vouchers described in subsection (a). (2) Voucher costs.--The Secretary shall use all remaining amounts authorized under paragraph (1) to cover the costs of providing and renewing the vouchers described in subsection (a). SEC. 3. TARGETED EXPANSION OF HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM. (a) Purpose.--The purposes of this section are as follows: (1) To authorize additional funding under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et. seq), commonly referred to as the Home Investments Partnership (``HOME'') program, to provide dedicated funding for the expansion and preservation of housing for extremely low-income individuals and families through eligible uses of investment as defined in paragraphs (1) and (3) of section 212(a) of the Cranston-Gonzalez National Affordable Housing Act. (2) Such additional funding is intended to supplement the HOME funds already allocated to a participating jurisdiction to provide additional assistance in targeting resources to extremely low-income individuals and families. (3) Such additional funding is not intended to be the only source of assistance for extremely low-income individuals and families under the HOME program, and participating jurisdictions shall continue to use non-set aside HOME funds to provide assistance to such extremely low-income individuals and families. (b) Set Aside for Extremely Low-Income Individuals and Families.-- (1) Eligible use.--Section 212(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(a)) is amended by adding at the end the following: ``(6) Extremely low-income individuals and families.-- ``(A) In general.--Each participating jurisdiction shall use funds provided under this subtitle to provide affordable housing to individuals and families whose incomes do not exceed 30 percent of median family income for that jurisdiction. ``(B) Exception.--If a participating jurisdiction can certify to the Secretary that such participating jurisdiction has met in its jurisdiction the housing needs of extremely low-income individuals and families described in subparagraph (A), such participating jurisdiction may use any remaining funds provided under this subtitle for purposes of subparagraph (A) to provide affordable housing to individuals and families whose incomes do not exceed 50 percent of median family income for that jurisdiction. ``(C) Rule of construction.--The Secretary shall notify each participating jurisdiction receiving funds for purposes of this paragraph that use of such funds, as required under subparagraph (A), does not exempt or prevent that participating jurisdiction from using any other funds awarded under this subtitle to provide affordable housing to extremely low-income individuals and families. ``(D) Rental housing.--Notwithstanding section 215(a), housing that is for rental shall qualify as affordable housing under this paragraph only if such housing is occupied by extremely low-income individuals or families who pay as a contribution toward rent (excluding any Federal or State rental subsidy provided on behalf of the individual or family) not more than 30 percent of the monthly adjusted income of such individual or family, as determined by the Secretary.''. (2) Pro rata distribution.--Section 217 of the Cranston- Gonzalez National Affordable Housing Act (42 U.S.C. 12747) is amended by adding at the end the following: ``(e) Pro Rata Distribution for Extremely Low-Income Individuals and Families.--Notwithstanding any other provision of this Act, in any fiscal year the Secretary shall allocate any funds specifically approved in an appropriations Act to provide affordable housing to extremely low-income individuals or families under section 212(a)(6), such funds shall be allocated to each participating jurisdiction in an amount which bears the same ratio to such amount as the amount such participating jurisdiction receives for such fiscal year under this subtitle, not including any amounts allocated for any additional set- asides specified in such appropriations Act for that fiscal year.''. (3) Certification.--Section 226 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12756) is amended by adding at the end the following: ``(d) Certification.-- ``(1) In general.--Each participating jurisdiction shall certify on annual basis to the Secretary that any funds used to provide affordable housing to extremely low-income individuals or families under section 212(a)(6) were actually used to assist such families. ``(2) Content of certification.--Each certification required under paragraph (1) shall-- ``(A) state the number of extremely low-income individuals and families assisted in the previous 12 months; ``(B) separate such extremely low-income individuals and families into those individuals and families who were assisted by-- ``(i) funds set aside specifically for such individuals and families under section 212(a)(6); and ``(ii) any other funds awarded under this subtitle; and ``(C) describe the type of activities, including new construction, preservation, and rehabilitation of housing, provided to such extremely low-income individuals and families that were supported by-- ``(i) funds set aside specifically for such individuals and families under section 212(a)(6); and ``(ii) any other funds awarded under this subtitle. ``(3) Inclusion with performance report.--The certification required under paragraph (1) shall be included in the jurisdiction's annual performance report submitted to the Secretary under section 108(a) and made available to the public.''. (c) Authorization of Appropriations.--In addition to any other amounts authorized to be appropriated under any other law or appropriations Act to carry out the provisions of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.), there are authorized to be appropriated to carry out the provisions of this section $400,000,000 for each of fiscal years 2007 through 2011. SEC. 4. PUBLIC AND ASSISTED HOUSING CRIME AND DRUG ELIMINATION PROGRAM. (a) Title Change.--The chapter heading of chapter 2 of subtitle C of title V of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901 et seq.) is amended to read as follows: ``CHAPTER 2--PUBLIC AND ASSISTED HOUSING CRIME AND DRUG ELIMINATION PROGRAM''. (b) Authorization of Appropriations.-- (1) Amounts authorized.--Section 5129(a) of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11908(a)) is amended to read as follows: ``(a) In General.--There are authorized to be appropriated to carry out this chapter $200,000,000 for each of fiscal years 2007, 2008, 2009, 2010, and 2011.''. (2) Set aside for the office of policy development and research.--Section 5129 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11908) is amended by adding at the end the following: ``(d) Set Aside for the Office of Policy Development and Research.--Of any amounts made available in any fiscal year to carry out this chapter not less than 2 percent shall be available to the Office of Policy Development and Research to carry out the functions required under section 5130.''. (c) Eligible Activities.--Section 5124(a)(6) of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11903(a)(6)) is amended by striking the semicolon and inserting the following: ``, except that the activities conducted under any such program and paid for, in whole or in part, with grant funds awarded under this chapter may only include-- ``(A) providing access to treatment for drug abuse through rehabilitation or relapse prevention; ``(B) providing education about the dangers and adverse consequences of drug use or violent crime; ``(C) assisting drug users in discontinuing their drug use through an education program, and, if appropriate, referring such users to a drug treatment program; ``(D) providing after school activities for youths for the purpose of discouraging, reducing, or eliminating drug use or violent crime by youths; ``(E) providing capital improvements for the purpose of discouraging, reducing, or eliminating drug use or violent crime; and ``(F) providing security services for the purpose of discouraging, reducing, or eliminating drug use or violent crime.''. (d) Effectiveness.-- (1) Application plan.--Section 5125(a) of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11904(a)) is amended by adding at the end the following: ``To the maximum extent feasible, each plan submitted under this section shall be developed in coordination with relevant local law enforcement agencies and other local entities involved in crime prevention and reduction. Such plan also shall include an agreement to work cooperatively with the Office of Policy Development and Research in its efforts to carry out the functions required under section 5130.'' (2) HUD report.--Section 5127 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11906) is amended by adding at the end the following: ``(d) Effectiveness Report.--The Secretary shall submit a report to the Congress not later than 4 years after the date of the enactment of the Affordable Housing Expansion and Public Safety Act that includes-- ``(1) aggregate data regarding the categories of program activities that have been funded by grants under this chapter; ``(2) promising strategies related to preventing and reducing violent and drug-related crime in public and federally assisted low-income housing derived from-- ``(A) a review of existing research; and ``(B) evaluations of programs funded by grants under this chapter that were conducted by the Office of Policy Development and Review or by the grantees themselves; ``(3) how the information gathered in paragraph (2) has been incorporated into-- ``(A) the guidance provided to applicants under this chapter; and ``(B) the implementing regulations under this chapter; and ``(4) any statutory changes that the Secretary would recommend to help make grants awarded under this chapter more effective.''. (3) Office of policy development and research review and plan.--Chapter 2 of subtitle C of title V of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901 et seq.) is amended by adding at the end the following: ``SEC. 5130. OFFICE OF POLICY DEVELOPMENT AND RESEARCH REVIEW AND PLAN. ``(a) Review.-- ``(1) In general.--The Office of Policy Development and Research established pursuant to section 501 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1) shall conduct a review of existing research relating to preventing and reducing violent and drug-related crime to assess, using scientifically rigorous and acceptable methods, which strategies-- ``(A) have been found to be effective in preventing and reducing violent and drug-related crimes; and ``(B) would be likely to be effective in preventing and reducing violent and drug-related crimes in public and federally assisted low-income housing environments. ``(2) Report.--Not later than 180 days after the date of enactment of the Affordable Housing Expansion and Public Safety Act, the Secretary shall issue a written report with the results of the review required under paragraph (1). ``(b) Evaluation Plan.-- ``(1) In general.--Upon completion of the review required under subsection (a)(1), the Office of Policy Development and Research, in consultation with housing authorities, social scientists, and other interested parties, shall develop and implement a plan for evaluating the effectiveness of strategies funded under this chapter, including new and innovative strategies and existing strategies, that have not previously been subject to rigorous evaluation methodologies. ``(2) Methodology.--The plan described in paragraph (1) shall require such evaluations to use rigorous methodologies, particularly random assignment (where practicable), that are capable of producing scientifically valid knowledge regarding which program activities are effective in preventing and reducing violent and drug-related crime in public and other federally assisted low-income housing.''. SEC. 5. SENSE OF THE SENATE REGARDING THE CREATION OF A NATIONAL AFFORDABLE HOUSING TRUST FUND. (a) Findings.--Congress finds the following: (1) Only 1 in 4 eligible households receives Federal rental assistance. (2) The number of families facing severe housing cost burdens grew by almost 2,000,0000 households between 2001 and 2004. (3) 1 in 3 families spend more than 30 percent of their earnings on housing costs. (4) More than 75 percent of renter households with severe housing affordability burdens are extremely low-income families. (5) More than half of extremely low-income households pay at least half of their income on housing. (6) At least 500,000 Americans are homeless every day. (7) 2,000,000 to 3,000,0000 Americans are homeless for various lengths of time each year. (8) It is estimated that the development of an average housing unit creates on average more than 3 jobs and the development of an average multifamily unit creates on average more than 1 job. (9) It is estimated that over $80,000 is produced in government revenue for an average single family unit built and over $30,000 is produced in government revenue for an average multifamily unit built. (10) The Bipartisan Millennial Housing Commission stated that ``the most serious housing problem in America is the mismatch between the number of extremely low income renter households and the number of units available to them with acceptable quality and affordable rents.''. (b) Sense of the Senate.--It is the sense of the Senate that-- (1) Congress shall create a national affordable housing trust fund with the purpose of supplying 1,500,000 additional affordable housing units over the next 10 years; (2) such a trust fund shall contain sufficient income targeting to reflect the housing affordability burdens faced by extremely low-income and very low-income families; and (3) such a trust fund shall contain enough flexibility to allow local communities to produce, preserve, and rehabilitate affordable housing units while ensuring that such affordable housing development fosters the creation of healthy and sustainable communities. SEC. 6. OFFSETS. (a) Repeal of Multiyear Procurement Authority for F-22A Raptor Fighter Aircraft.--Effective as of October 17, 2006, section 134 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364), relating to multiyear procurement authority for F-22A Raptor fighter aircraft, is repealed. (b) Advanced Research for Fossil Fuels.--Notwithstanding any other provision of law, the Secretary of Energy shall not carry out any program that conducts, or provides assistance for, applied research for fossil fuels. (c) Termination of Advanced Technology Program.--Notwithstanding any other provision of law, the Secretary of Commerce may not award any new grants under the Advanced Technology Program, provided for under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n), effective October 1, 2006.

Affordable Housing Expansion and Public Safety Act - Instructs the Secretary of Housing and Urban Development (Secretary) to provide an additional 100,000 incremental vouchers for tenant-based rental housing assistance under the Section 8 Housing Choice Voucher Program in FY2007. Amends the Cranston-Gonzalez National Affordable Housing Act to direct: (1) each participating jurisdiction to use Home Investments Partnership (HOME) grant funds to provide affordable housing to individuals or families whose income is 30% or lower than the area median income (extremely low-income); and (2) direct the Secretary to allocate HOME funds to such jurisdictions on a specified pro-rata basis. Amends the Anti-Drug Abuse Act of 1988 to: (1) extend to FY2011 the authorization of appropriations for the Public and Assisted Housing Crime and Drug Elimination Program (PHDEP); (2) set aside specified amounts for the Office of Policy Development and Research; (3) identify activities eligible for grant funds; and (4) require the Office to review research to assess strategies likely to be effective in preventing and reducing violent and drug-related crimes in public and federally assisted low-income housing. Expresses the sense of the Senate that Congress shall create a national affordable housing trust fund to supply 1.5 million additional affordable housing units over the next 10 years, especially for extremely low-income and very low-income families. Repeals multiyear procurement authority for the F-22A Raptor Fighter Aircraft. Prohibits the Secretary of Energy from implementing the advanced research program for fossil fuels. Prohibits the Secretary of Commerce from awarding new Advanced Technology Program grants under the National Institute of Standards and Technology Act.

A bill to provide for additional section 8 vouchers, to reauthorize the Public and Assisted Housing Drug Elimination Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on the Future of Disability Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Nation's proper goals regarding individuals with disabilities are to ensure equality of opportunity, full participation, independent living, and economic self- sufficiency for such individuals; (2) the vast changes underway in the workplace, information technologies, and other aspects of society have been insufficiently studied for the opportunities and hazards such changes present for individuals with disabilities; (3) the Federal Government has created many programs to serve the needs of individuals with disabilities, including programs that provide financial assistance, medical care, education, vocational rehabilitation, housing, transportation, legal assistance, and rehabilitation research and training, but many of these programs operate in a manner that is inconsistent with the Nation's goals, work at cross-purposes with each other, are outdated, or could otherwise be improved, and new programs to serve individuals with disabilities may need to be established; (4) there are Federal programs that are not viewed as disability programs, yet serve significant numbers of individuals with disabilities, and the impact and value of such programs for individuals with disabilities have received insufficient attention; (5) the Nation is not well informed about the increasing number of Americans with disabilities, and disability is a health and social welfare issue of growing proportions, for which the Nation is ill prepared; and (6) it is incumbent upon the Federal Government to examine its programs that serve individuals with disabilities to ensure they are consistent with the Nation's goals, reflect the best use of its resources, and properly anticipate societal and technological change. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the National Commission on the Future of Disability (referred to in this Act as the ``Commission''). SEC. 4. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall develop and carry out a comprehensive study of all matters related to the nature, purpose, and adequacy of all Federal programs serving individuals with disabilities, in particular, programs authorized under the Social Security Act, in terms of both current performance and future value. (b) Matters Studied.--The Commission shall prepare an inventory of Federal programs serving individuals with disabilities, and shall examine-- (1) trends and projections regarding the size and characteristics of the population of individuals with disabilities, and the implications of such analyses for program planning; (2) the feasibility and design of performance standards for the Nation's disability programs; (3) the adequacy of Federal efforts in rehabilitation research and training, and opportunities to improve the lives of individuals with disabilities through all manners of scientific and engineering research; and (4) the adequacy of policy research available to the Federal Government, and what actions might be undertaken to improve the quality and scope of such research. (c) Recommendations.--The Commission shall submit to the appropriate committees of the Congress and to the President recommendations and, as appropriate, proposals for legislation regarding-- (1) which (if any) Federal disability programs should be eliminated or augmented; (2) what new Federal disability programs (if any) should be established; (3) the suitability of the organization and location of disability programs within the Federal Government; (4) other actions the Federal Government should take to prevent disabilities and disadvantages associated with disabilities; and (5) such other matters as the Commission considers appropriate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 12 members, of whom-- (A) four shall be appointed by the President, of whom not more than 2 shall be of the same major political party; (B) two shall be appointed by the Majority Leader of the Senate; (C) two shall be appointed by the Minority Leader of the Senate; (D) two shall be appointed by the Speaker of the House of Representatives; and (E) two shall be appointed by the Minority Leader of the House of Representatives. (2) Representation.--The Commission members shall be chosen based on their education, training, or experience. In appointing individuals as members of the Commission, the President and the Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the House of Representatives shall seek to ensure that the membership of the Commission reflects the diversity of individuals with disabilities in the United States. (b) Comptroller General.--The Comptroller General shall serve on the Commission as an ex officio member of the Commission to advise and oversee the methodology and approach of the study of the Commission. (c) Prohibition Against Officer or Employee.--Each individual appointed under subsection (a) shall not be an officer or employee of any government. (d) Deadline for Appointment; Term of Appointment.--Members of the Commission shall be appointed not later than 60 days after the date of enactment of this Act. The members shall serve on the Commission for the life of the Commission. (e) Meetings.--The Commission shall locate its headquarters in the District of Columbia, and shall meet at the call of the Chairperson, but not less than four times each year during the life of the Commission. (f) Quorum.--Ten members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (g) Chairperson and Vice Chairperson.--Not later than 15 days after the members of the Commission are appointed, such members shall designate a Chairperson and Vice Chairperson from among the members of the Commission. (h) Continuation of Membership.--If a member of the Commission becomes an officer or employee of any government after appointment to the Commission, the individual may continue as a member until a successor member is appointed. (i) Vacancies.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made not later than 30 days after the Commission is given notice of the vacancy. (j) Compensation.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (k) Travel Expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. SEC. 6. STAFF AND SUPPORT SERVICES. (a) Director.-- (1) Appointment.--Upon consultation with the members of the Commission, the Chairperson shall appoint a Director of the Commission. (2) Compensation.--The Director shall be paid the rate of basic pay for level V of the Executive Schedule. (b) Staff.--With the approval of the Commission, the Director may appoint such personnel as the Director considers appropriate. (c) Applicability of Civil Service Laws.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (d) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal Agencies.--Upon the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission under this Act. (f) Other Resources.--The Commission shall have reasonable access to materials, resources, statistical data, and other information from the Library of Congress and agencies and elected representatives of the executive and legislative branches of the Federal Government. The Chairperson of the Commission shall make requests for such access in writing when necessary. (g) Physical Facilities.--The Administrator of the General Services Administration shall locate suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for proper functioning of the Commission. SEC. 7. POWERS OF COMMISSION. (a) Hearings.--The Commission may conduct public hearings or forums at the discretion of the Commission, at any time and place the Commission is able to secure facilities and witnesses, for the purpose of carrying out the duties of the Commission under this Act. (b) Delegation of Authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action the Commission is authorized to take by this section. (c) Information.--The Commission may secure directly from any Federal agency information necessary to enable the Commission to carry out its duties under this Act. Upon request of the Chairperson or Vice Chairperson of the Commission, the head of a Federal agency shall furnish the information to the Commission to the extent permitted by law. (d) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devices of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devices shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. SEC. 8. REPORTS. (a) Interim Report.--Not later than 1 year prior to the date on which the Commission terminates pursuant to section 9, the Commission shall submit an interim report to the President and to the Congress. The interim report shall contain a detailed statement of the findings and conclusions of the Commission, together with the Commission's recommendations for legislative and administrative action, based on the activities of the Commission. (b) Final Report.--Not later than the date on which the Commission terminates, the Commission shall submit to the Congress and to the President a final report containing-- (1) a detailed statement of final findings, conclusions, and recommendations; and (2) an assessment of the extent to which recommendations of the Commission included in the interim report under subsection (a) have been implemented. (c) Printing and Public Distribution.--Upon receipt of each report of the Commission under this section, the President shall-- (1) order the report to be printed; and (2) make the report available to the public upon request. SEC. 9. TERMINATION. The Commission shall terminate on the date that is 2 years after the date on which the members of the Commission have met and designated a Chairperson and Vice Chairperson. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

National Commission on the Future of Disability Act - Establishes the National Commission on the Future of Disability to study and report to the President and the Congress on the adequacy of Federal programs serving persons with disabilities, especially programs authorized under the Social Security Act. Authorizes appropriations.

National Commission on the Future of Disability Act

SECTION 1. SHORT TITLE. This title may be cited as the ``Reprocessed Single Use Medical Device Patient Safety Act of 1999''. SEC. 2. REPROCESSED MEDICAL DEVICES. Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following: ``SEC. 524. REPROCESSED MEDICAL DEVICES. ``(a) Findings.--Congress makes the following findings: ``(1) The Food and Drug Administration has information indicating that some reprocessed medical devices labeled for single use have been associated with serious injury and that reprocessed medical devices labeled for single use have the potential to cause injury. ``(2) Reprocessed medical devices labeled for single use are being used on patients without their knowledge, against original manufacturers' warnings, and without a determination by the Food and Drug Administration that such devices are safe and effective. ``(3) The reprocessing of devices that are labeled for single use is currently occurring without premarket approval by or notification to the Food and Drug Administration, such as is required for certain devices under sections 510 and 515. ``(4) The Food and Drug Administration should have the knowledge and expertise to evaluate the safety and effectiveness of reprocessed medical devices labeled for single use. ``(5) Enforcement by the Food and Drug Administration of the provisions of this Act that address the safety and effectiveness of devices is the only effective way to protect patients exposed to reprocessed medical devices labeled for single use. ``(6) The United States public deserves to know that all devices regulated by the Food and Drug Administration are safe and effective and that the appropriate level of oversight is being implemented in order to guarantee such safety and effectiveness. ``(b) Purpose.--The purpose of this section is to-- ``(1) require that the Food and Drug Administration implement and enforce all provisions of this Act that are applicable to reprocessed medical devices, including device registration, listing, and premarket safety controls; and ``(2) require the informed consent of patients prior to using reprocessed class II, class III, and critical class I medical devices. ``(c) Registration.--Every person or establishment engaged in the reprocessing of a device labeled for single use shall-- ``(1) upon first engaging in the reprocessing of such device, register with the Secretary and provide all information required in accordance with section 510(c); ``(2) for each year in which the person or establishment engages in the reprocessing of such device, register with the Secretary and provide all information required under section 510(b); and ``(3) for each year in which the person or establishment engages in the reprocessing of such device, submit to the Secretary a list of devices labeled for single use that the person or establishment is reprocessing, including the names of the original equipment manufacturers of such devices and the specific models of such devices that are reprocessed. ``(d) Information.--Every person or establishment engaged in the reprocessing of a device labeled for single use shall, for each reprocessed medical device, provide to each person or establishment that uses such reprocessed medical device, information necessary for such person or establishment to comply with subsection (f). ``(e) Safety and Effectiveness.--Not later than 6 months after the date of enactment of this section, every person or establishment required to register under subsection (c) with respect to a device shall, before introducing into interstate commerce a reprocessed medical device labeled for single use, meet the requirements of sections 510(k) and 515 to demonstrate to the Secretary that such reprocessed device is safe and effective or substantially equivalent to a device the Secretary has deemed safe and effective. ``(f) Informed Patient Consent and Medical Records.-- ``(1) In general.--Every person or establishment that uses a class II, class III, or critical class I reprocessed medical device to provide medical care to an individual shall seek informed consent from the patient for the use of such a device. ``(2) Medical records.-- ``(A) In general.--Every person or establishment that uses a class II, class III, or critical class I reprocessed medical device to provide medical care to an individual shall keep a record of such use and include a note of such use in such individual's medical record. ``(B) Contents.--The contents of the record described in paragraph (1) shall include-- ``(i) the name and place of business of the person or establishment that reprocessed the device labeled for single use and the batch or lot number of such device; and ``(ii) the identity of the original manufacturer of the device. ``(g) Report.--Not later than 9 months after the date of enactment of this section, the Secretary shall submit a report to the Committee on Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate that describes findings from current Food and Drug Administration studies (as of the date of submission) on the safety and efficacy of reprocessing of devices labeled for single use. ``(h) Medwatch.--Not later than 6 months after the date of enactment of this section, the Secretary shall modify the MEDWATCH forms to facilitate reporting of information relating to reprocessed medical devices, including the name of a reprocessor and the number of times a device has been reused. ``(i) Application.--All other sections of this Act that govern devices as defined in section 201(h) shall also apply to reprocessed medical devices, if applicable. ``(j) Definitions.--In this section: ``(1) Critical class i medical device.--The term `critical class I medical device' means a device that may break the mucosal boundary, may be introduced in the bloodstream, or may be introduced into other than normally sterile areas of the body. ``(2) Reprocessed medical device.--The term `reprocessed medical device' means a device that-- ``(A) is labeled for single use, or is disposable and intended for single use; and ``(B) is cleaned or sanitized after use in order that such a device may be reused upon another individual. ``(3) Reprocessing.--The term `reprocessing' means a procedure employed in order to produce a reprocessed medical device.''.

Requires every person or establishment that uses a class II or III reprocessed medical device, or a critical class I reprocessed medical device, for the provision of medical care to individuals to seek informed patient consent for such use, and to include a record of such use in the individual's medical record. Requires a report from the Secretary to specified congressional committees on the safety and efficacy of the reprocessing of devices labeled for single use. Requires the Secretary to modify the MEDWATCH forms to facilitate the reporting of such information.

Reprocessed Single Use Medical Device Patient Safety Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Land-Based Marine Debris Reduction Act''. SEC. 2. FINDINGS. Congress finds and declares the following: (1) Because the United States has the largest Exclusive Economic Zone of all nations, it has a disproportionate economic interest in a healthy ocean. (2) The United States has a strategic interest in healthy fisheries, marine ecosystems, and a strong ocean economy. (3) Solid waste is littering the Nation's waterways, including streams, rivers, and lakes, most notably the Great Lakes, and much of this marine debris is collecting in the oceans. (4) An estimated 80 percent of litter that ends up in the oceans comes from land-based sources, and litter in the Nation's waterways has numerous detrimental effects. (5) Marine debris injures wildlife, sometimes resulting in death, degrades ecosystems, interferes with navigation, threatens public health and safety, and creates additional expenditures for shipping, fishing, tourism, and coastal communities. (6) Only about 46 percent of the Nation's waste is recycled or composted, including through waste-to-energy. (7) Successful solid waste management requires creative use of the entire hierarchy of solid waste management, waste reduction, recycling, waste-to-energy operations, and landfilling. (8) Recycling can play a significant role in reducing municipal waste and marine debris. (9) The failure to recycle and reuse materials is a significant and unnecessary waste of important national energy and material resources. (10) Comprehensive, multi-material recycling programs represent the most cost-effective and efficient method of meeting recycling goals and reducing marine debris. (11) The responsibility to recycle should be shared by all consumers of recyclable goods including individual households, municipalities, and commercial and institutional establishments. SEC. 3. NATIONAL GOALS FOR WASTE REDUCTION AND RECYCLING. (a) Source Reduction.--Congress declares it to be the national goal of the United States that there shall be no increase in the generation of solid waste sent to landfills above the level of solid waste generated and sent to landfills in the year of the enactment of this Act (as determined by the Administrator). (b) Waste Recycling.--Congress declares it to be the national goal of the United States that at least 50 percent of the municipal solid waste stream shall be recycled by the end of 2020, and 65 percent of such waste stream shall be recycled by the end of 2030 (as determined by the Administrator). (c) Marine Debris Reduction.--Congress declares it to be the national goal of the United States that there shall be no increase in the flow of marine debris into the ocean above the level of such flow in the year of the enactment of this Act (as determined by the Administrator). SEC. 4. ANNUAL REPORT. (a) Requirement.--The Administrator shall report to Congress each year the following: (1) The amount and composition of municipal solid waste generated in the United States. (2) The amount and composition of municipal solid waste generated in the United States that enters the ocean. (3) The methods used to manage such waste. (4) The progress made in achieving the source reduction, recycling, and marine debris reduction goals of this Act, the impediments to the attainment of such goals, and recommendations on the regulatory or legislative initiatives necessary to attain such goals. (b) First Report.--The first report under this section shall be submitted not later than 18 months after the date of the enactment of this Act. SEC. 5. REPORT ON PRIMARY LEAKAGE PATHS OF MARINE DEBRIS INTO THE OCEAN. Not later than 18 months after the date of enactment of this Act, the Administrator shall provide to Congress a report that includes the following: (1) Identification of the pathways through which marine debris reaches the ocean, such as consumer discards, flawed waste management designs, and infrastructural leaks, as determined in consultation with experts, including waste management, consumer goods, and infrastructure experts. (2) Best practices that may be used at the Federal, State, and local level to reduce or eliminate such pathways, including methods to address infrastructural leaks, regulation, or economic incentives. SEC. 6. PRODUCTS AND PACKAGING REQUIREMENTS. (a) List and Recycling Determinations.-- (1) Not later than 2 years after the date of the enactment of this Act, the Administrator, in consultation with the Secretary of Commerce, shall develop a list of categories of commonly used products and packaging which are discarded into the municipal solid waste stream. With respect to each category on the list, the Administrator shall determine the following: (A) The percentage of recovered materials used in the manufacture of products or packaging in each category. (B) The source reduction and recovery efficiency of products or packaging in each category. (C) The percentage of products or packaging in each category that is recycled upon discard. (D) The percentage of products or packaging in each category that enters the ocean upon discard or is otherwise littered. (E) The life cycle environmental effects associated with the products or packaging in each category compared to product or packaging alternatives, using standard life cycle assessment methodologies and categories of environmental impacts, including climate change, human health, eutrophication, acidification, water use, land use, and ecosystems toxicity. (2) Upon completion of the list and determinations required under paragraph (1), the Administrator shall identify categories of products or packaging that shall be targeted for regulatory action under subsection (b). The Administrator shall target a category based upon high overall life cycle impact of the product or package compared to the alternatives, considering categories of environmental impacts, recovered material content, recyclability, and high volume in the waste stream. (b) Regulatory Action.--With respect to each category of product or packaging identified under subsection (a)(2), the Administrator may take the following actions: (1) The Administrator may promulgate regulations to require the manufacturer of the product or packaging to use recovered materials of that or another category in the product or packaging. In promulgating regulations under this paragraph, the Administrator shall, to the extent practicable, consider the potential life cycle impacts of requiring recovered material content in a product or packaging on increasing greenhouse gases and water usage, current regulations regarding the use of recovered materials, and potential market disruptions to recovered materials. (2) The Administrator may phase in any of the actions taken under paragraph (1) if the Administrator determines it to be necessary for economic reasons. SEC. 7. PACKAGING STANDARDS. The Administrator and the Secretary of Commerce, in consultation with affected industries, experts in package design and marketing, companies engaged in collecting and processing products and packages, and environmental organizations, shall develop a voluntary system of packaging standards with respect to materials contained within the packaging and the recyclability of the packaging upon discard, which may include implementation of an existing labeling standard where appropriate. The standards shall provide that packaging that meets the standards shall be eligible to use a label indicating compliance with the standards for promotion and educational purposes. SEC. 8. REPORT ON LANDFILL CLOSURES. Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit to Congress a report analyzing the costs and difficulties encountered by States and local communities in closing landfills. The report shall include recommendations on the types and levels of Federal assistance (including technical guidance and funds) that should be provided to States and local communities for such purpose. SEC. 9. DEFINITIONS. For purposes of this Act: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``marine debris'' is human-created waste that has been discharged into the coastal or marine environment, including any anthropogenic, manufactured, or processed solid material (regardless of size) discarded, disposed of, or abandoned in the environment, including all materials discarded into the ocean, on the shore, or brought indirectly to the ocean by rivers, sewage, storm water, waves, or wind. (3) The term ``recovered material'' has the meaning given that term in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903). (4) The term ``recycled'' means reused, recovered, or reclaimed from solid waste through any means, including remanufacturing, reprocessing, and waste-to-energy technologies.

Land-Based Marine Debris Reduction Act This bill declares national goals of no increase in the generation of solid waste sent to landfills, no increase in the flow of human-created marine debris into the ocean, and recycling of at least 50% of the municipal solid waste stream by the end of 2020 and 65% by the end of 2030. The Environmental Protection Agency (EPA) must report on: (1) municipal solid waste generation, waste management methods, and progress in meeting the goals; (2) leakage paths of marine debris into the ocean; and (3) the costs and difficulties in closing landfills. The EPA must develop a list of categories of commonly used products and packaging that are discarded into the municipal solid waste stream and determine with respect to the products or packaging in each category: (1) the percentage of recovered materials used in their manufacture; (2) the source reduction and recovery efficiency; (3) the percentage that is recycled upon discard and the percentage that is littered; and (4) the life cycle environmental effects associated with them, compared to alternatives. The EPA must identify categories to be targeted for regulatory action. Regulations may require manufacturers to use recovered materials in the product or packaging. The EPA and the Department of Commerce must develop a voluntary system of packaging standards with respect to materials contained within the packaging and the recyclability of the packaging upon discard. The standard has to provide that packaging that meets the standards be eligible to use a label indicating compliance for promotional and educational purposes.

Land-Based Marine Debris Reduction Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chimayo Water Supply System and Espanola Filtration Facility Act of 2004''. TITLE I--CHIMAYO WATER SUPPLY SYSTEM SEC. 101. DEFINITIONS. In this title: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Study area.--The term ``study area'' means the Santa Cruz River Valley in the eastern margin of the Espanola Basin. (3) System.--The term ``system'' means a water supply system described in section 102(a). (4) Town.--The term ``Town'' means the town of Chimayo, New Mexico, located in Rio Arriba County and Santa Fe County, New Mexico. SEC. 102. CHIMAYO WATER SUPPLY SYSTEM FEASIBILITY STUDY. (a) In General.--The Secretary, in cooperation with appropriate State and local authorities, shall conduct a study to determine the feasibility of constructing a water supply system for the Town in the study area that includes potable water transmission lines, pump stations, and storage reservoirs. (b) Scope of Study.--In conducting the study under subsection (a), the Secretary shall-- (1) consider operating the system in connection with the Espanola Water Filtration Facility; (2) consider various options for supplying water to the Town, including connection to a regional water source, local sources, sources distributed throughout the Town, and sources located on adjacent Bureau of Land Management land; (3) consider reusing or recycling water from local or regional sources; (4) consider using alternative water supplies such as surface water, brackish water, nonpotable water, or deep aquifer groundwater; and (5) determine the total lifecycle costs of the system, including-- (A) long-term operation, maintenance, replacement, and treatment costs of the system; and (B) management costs (including personnel costs). (c) Deadline for Study.--As soon as practicable, but not later than 3 years after the date of enactment of this Act, the Secretary shall complete the study. (d) Cost Sharing.--The Federal share of the cost of the study shall be 75 percent. (e) Coordination.--The Secretary shall coordinate activities of the Bureau of Reclamation, the Bureau of Land Management, and the United States Geological Survey in the furtherance of the study, including-- (1) accessing any Bureau of Land Management land adjacent to the study area that is necessary to carry out this section; and (2) the drilling of any exploratory wells on Bureau of Land Management land adjacent to the study area that are necessary to determine water resources available for the Town. (f) Report.--The Secretary shall submit to Congress a report on the results of the feasibility study not later than the earlier of-- (1) the date that is 1 year after the date of completion of the feasibility study; or (2) the date that is 4 years after the date of enactment of this Act. SEC. 103. EMERGENCY WATER SUPPLY DEVELOPMENT ASSISTANCE. (a) In General.--The Secretary may enter into contracts with water authorities in the study area to provide emergency water supply development assistance to any eligible person or entity, as the Secretary determines to be appropriate. (b) Eligible Activities.--The Secretary may provide assistance under subsection (a) for-- (1) hauling water; (2) the installation of water purification technology at the community wells or individual point-of-use; (3) the drilling of wells; (4) the installation of pump stations and storage reservoirs; (5) the installation of transmission and distribution pipelines to bring water to individual residential service connections; (6) the engineering, design, and installation of an emergency water supply system; and (7) any other eligible activity, as the Secretary determines to be appropriate. (c) Cost Sharing.--The Federal share of the cost of any activity under this section shall be 75 percent. SEC. 104. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated-- (1) to carry out section 102, $2,000,000 for the period of fiscal years 2005 through 2008; and (2) to carry out section 103, $3,000,000 for the period of fiscal years 2005 through 2010. (b) Limitation.--Amounts made available under subsection (a)(1) shall not be available for the construction of water infrastructure for the system. TITLE II--ESPANOLA WATER FILTRATION FACILITY SEC. 201. DEFINITIONS. In this title: (1) Component.--The term ``component'' means a water delivery infrastructure development described in section 202(b). (2) Facility.--The term ``facility'' means the Espanola water filtration facility described in section 202(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. SEC. 202. ESPANOLA WATER FILTRATION FACILITY. (a) In General.--The Secretary shall provide financial assistance to the city of Espanola, New Mexico, for the construction of an Espanola water filtration facility consisting of projects-- (1) to divert and fully use imported water to meet future demands in the greater Espanola, New Mexico region, including construction of-- (A) presedimentation basins for removal of sediments; (B) an influent pump station to supply water into treatment facilities; (C) a pretreatment facility; (D) filtration facilities; (E) finished water storage facilities; (F) a finished water booster pump station; (G) sludge dewatering facilities; and (H) potable water transmission lines to connect into the water distribution facilities of the city of Espanola, New Mexico; and (2) to use reclaimed water to enhance groundwater resources and surface water supplies. (b) Participation.--The Secretary may provide financial assistance to the Santa Clara and San Juan Pueblos of New Mexico and the non- Federal sponsors of the facility for the study, planning, design, and construction of a water delivery infrastructure development for the Santa Clara and San Juan Pueblos as a component of the facility. (c) Cost Sharing.--The Federal share of the total cost of the facility and the component shall not exceed 25 percent. (d) Limitation on Use of Funds.--Funds provided by the Secretary may not be used for the operation or maintenance of the facility or the component. SEC. 203. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for the construction of the facility $3,000,000 for the period of fiscal years 2005 through 2009. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Chimayo Water Supply System and Espanola Filtration Facility Act of 2004 - Title I: Chimayo Water Supply System - (Sec. 102) Directs the Secretary of the Interior to study the feasibility of constructing a water supply system that includes potable water transmission lines, pump stations, and storage reservoirs for the town of Chimayo, New Mexico, in the Santa Cruz River Valley in the eastern margin of the Espanola Basin (study area). Requires the Secretary to determine the total life cycle costs of the system and to consider: (1) operating the system in connection with the Espanola Water Filtration Facility; (2) various water sources for the Town; (3) reusing or recycling water from local or regional sources; and (4) using alternative water supplies. Sets the Federal share of the cost of the study at 75 percent. Directs the Secretary to coordinate activities of the Bureau of Reclamation, the Bureau of Land Management (BLM), and the United States Geological Survey in furtherance of the study, including accessing BLM land adjacent to the study area and drilling exploratory wells on such land that are necessary to determine water resources available for the town. (Sec. 103) Authorizes the Secretary to enter into contracts with water authorities in the study area to provide emergency water supply development assistance to any eligible person or entity, including for hauling water, installing water purification technology at community wells or individual point-of-use, drilling wells, installing pump stations and storage reservoirs, installing transmission and distribution pipelines to bring water to individual residential service connections, and the engineering, design, and installation of an emergency water supply system. Sets the Federal share of the cost of any such activity at 75 percent. (Sec. 104) Authorizes appropriations, with a limitation on the use of funds for the construction of water infrastructure for the system. Title II: Espanola Water Filtration Facility - (Sec. 202) Directs the Secretary, acting through the Commissioner of Reclamation, to provide financial assistance to the city of Espanola, New Mexico, for the construction of an Espanola water filtration facility to: (1) divert and fully use imported water to meet future demands in the region; and (2) use reclaimed water to enhance groundwater resources and surface water supplies. Authorizes the Secretary to provide financial assistance to the Santa Clara and San Juan Pueblos and non-Federal sponsors for the study, planning, design, and construction of a water delivery resource and infrastructure development as a component of the facility. Limits the Federal share of the cost of the facility or component to 25 percent. Prohibits the use of funds for the operation or maintenance of the facility or the component. (Sec. 203) Authorizes appropriations.

A bill to direct the Secretary of the Interior to conduct a feasibility study of a Chimayo water supply system, to provide for the planning, design, and construction of a water supply, reclamation, and filtration facility for Espanola, New Mexico, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Material Support to Terrorism Prohibition Enhancement Act of 2004''. SEC. 2. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN TERRORIST ORGANIZATION. (a) Prohibition as to Citizens and Residents.--Chapter 113B of title 18, United States Code, is amended by adding after section 2339C the following new section: ``Sec. 2339D. Receiving military-type training from a foreign terrorist organization ``(a) Offense.--Whoever knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization shall be fined under this title or imprisoned for ten years, or both. To violate this subsection, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (c)(4)), that the organization has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989). ``(b) Extraterritorial Jurisdiction.--There is extraterritorial Federal jurisdiction over an offense under this section. There is jurisdiction over an offense under subsection (a) if-- ``(1) an offender is a national of the United States (as defined in 101(a)(22) of the Immigration and Nationality Act) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act); ``(2) an offender is a stateless person whose habitual residence is in the United States; ``(3) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States; ``(4) the offense occurs in whole or in part within the United States; ``(5) the offense occurs in or affects interstate or foreign commerce; ``(6) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a). ``(c) Definitions.--As used in this section-- ``(1) the term `military-type training' includes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction (as defined in section 2232a(c)(2)); ``(2) the term `serious bodily injury' has the meaning given that term in section 1365(h)(3); ``(3) the term `critical infrastructure' means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); and ``(4) the term `foreign terrorist organization' means an organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act.''. (b) Inadmissibility of Aliens Who Have Received Military-Type Training From Terrorist Organizations.--Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended-- (1) in subclauses (V) and (VI), by striking ``or'' at the end; (2) in subclause (VII), by adding ``or'' at the end; and (3) by inserting after subclause (VII) the following: ``(VIII) has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization under section 212(a)(3)(B)(vi);''. (c) Inadmissibility of Representatives and Members of Terrorist Organizations.--Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended-- (1) in subclause (IV), by amending item (aa) to read as follows: ``(aa) a terrorist organization, as defined in clause (vi), or''; and (2) by amending subclause (V) to read as follows: ``(V) is a member of a terrorist organization, as defined in subclause (I) or (II) of clause (vi), or of an organization which the alien knows or should have known is a terrorist organization,''. (d) Deportation of Aliens Who Have Received Military-Type Training From Terrorist Organizations.--Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end the following: ``(E) Recipient of military-type training.--Any alien who has received military-type training (as defined in section 2339d(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization, as defined in section 212(a)(3)(b)(vi), is deportable.''. (e) Retroactive Application.--The amendments made by subsections (b), (c), and (d) shall apply to the receipt of military training occurring before, on, or after the date of the enactment of this Act. SEC. 3. PROVIDING MATERIAL SUPPORT TO TERRORISM. (a) Additions to Offense of Providing Material Support to Terrorists.--Section 2339A(a) of title 18, United States Code, is amended-- (1) by designating the first sentence as paragraph (1); (2) by designating the second sentence as paragraph (3); (3) by inserting after paragraph (1) as so designated by this subsection the following: ``(2)(A) Whoever in a circumstance described in subparagraph (B) provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, an act of international or domestic terrorism (as defined in section 2331), or in preparation for, or in carrying out, the concealment or escape from the commission of any such act, or attempts or conspires to do so, shall be punished as provided under paragraph (1) for an offense under that paragraph. ``(B) The circumstances referred to in subparagraph (A) are any of the following: ``(i) The offense occurs in or affects interstate or foreign commerce. ``(ii) The act of terrorism is an act of international or domestic terrorism that violates the criminal law of the United States. ``(iii) The act of terrorism is an act of domestic terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government. ``(iv) An offender, acting within the United States or outside the territorial jurisdiction of the United States, is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act, an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act , or a stateless person whose habitual residence is in the United States, and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government. ``(v) An offender, acting within the United States, is an alien, and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government. ``(vi) An offender, acting outside the territorial jurisdiction of the United States, is an alien and the act of terrorism is an act of international terrorism that appears to be intended to influence the policy of, or affect the conduct of, the Government of the United States. ``(vii) An offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under this paragraph or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under this paragraph.''; and (4) by inserting ``act or'' after ``underlying''. (b) Definitions.--Section 2339A(b) of title 18, United States Code, is amended-- (1) by striking ``In this'' and inserting ``(1) In this''; (2) by inserting ``any property, tangible or intangible, or service, including'' after ``means''; (3) by inserting ``(one or more individuals who may be or include oneself)'' after ``personnel''; (4) by inserting ``and'' before ``transportation''; (5) by striking ``and other physical assets''; and (6) by adding at the end the following: ``(2) As used in this subsection, the term `training' means instruction or teaching designed to impart a specific skill, as opposed to general knowledge, and the term `expert advice or assistance' means advice or assistance derived from scientific, technical or other specialized knowledge.''. (c) Addition to Offense of Providing Material Support to Terrorist Organizations.--Section 2339B(a)(1) of title 18, United States Code, is amended-- (1) by striking ``, within the United States or subject to the jurisdiction of the United States,'' and inserting ``in a circumstance described in paragraph (2)'' ; and (2) by adding at the end the following: ``To violate this paragraph, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act, or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989.''. (d) Federal Authority.--Section 2339B(d) of title 18 is amended-- (1) by inserting ``(1)'' before ``There''; and (2) by adding at the end the following: ``(2) The circumstances referred to in paragraph (1) are any of the following: ``(A) An offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act. ``(B) An offender is a stateless person whose habitual residence is in the United States. ``(C) After the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States. ``(D) The offense occurs in whole or in part within the United States. ``(E) The offense occurs in or affects interstate or foreign commerce. ``(F) An offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).''. (e) Definition.--Paragraph (4) of section 2339B(g) of title 18, United States Code, is amended to read as follows: ``(4) the term `material support or resources' has the same meaning given that term in section 2339A;''. (f) Additional Provisions.--Section 2339B of title 18, United States Code, is amended by adding at the end the following: ``(h) Provision of Personnel.--No person may be prosecuted under this section in connection with the term `personnel' unless that person has knowingly provided, attempted to provide, or conspired to provide a foreign terrorist organization with one or more individuals (who may be or include himself) to work under that terrorist organization's direction or control or to organize, manage, supervise, or otherwise direct the operation of that organization. Individuals who act entirely independently of the foreign terrorist organization to advance its goals or objectives shall not be considered to be working under the foreign terrorist organization's direction and control. ``(i) Rule of Construction.--Nothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States.''. SEC. 4. FINANCING OF TERRORISM. (a) Financing Terrorism.--Section 2339c(c)(2) of title 18, United States Code, is amended-- (1) by striking ``, resources, or funds'' and inserting ``or resources, or any funds or proceeds of such funds''; (2) in subparagraph (A), by striking ``were provided'' and inserting ``are to be provided, or knowing that the support or resources were provided,''; and (3) in subparagraph (B)-- (A) by striking ``or any proceeds of such funds''; and (B) by striking ``were provided or collected'' and inserting ``are to be provided or collected, or knowing that the funds were provided or collected,''. (b) Definitions.--Section 2339c(e) of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (12); (2) by redesignating paragraph (13) as paragraph (14); and (3) by inserting after paragraph (12) the following: ``(13) the term `material support or resources' has the same meaning given that term in section 2339B(g)(4) of this title; and''.

Material Support to Terrorism Prohibition Enhancement Act of 2004 - Amends the Federal criminal code to prohibit knowingly receiving military-type training from a foreign terrorist organization. Grants extraterritorial jurisdiction over such offense if specified conditions apply, such as if: (1) the offender is a U.S. national; (2) an offender is a stateless person whose habitual residence is in the United States; (3) the offense occurs within the United States; (4) the offense occurs in or affects interstate or foreign commerce; or (5) an offender aids or abets or conspires in such offense with any person over whom jurisdiction exists. Amends the Immigration and Nationality Act to prohibit granting visas to or admitting, and provides for the deportation of, aliens who have received such training. Expands the scope of the prohibition against: (1) providing material support to terrorists to include providing resources or concealing or disguising material support or resources, knowing or intending that they will be used for an act of terrorism, where the offense occurs in or affects interstate or foreign commerce); and (2) financing terrorism to cover proceeds of funds used to knowingly disguise any material support to terrorists and knowing that funds are to be provided or collected for such proscribed purposes.

To prohibit certain forms of material support for terrorism, and for other purposes.

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The placement of telecommunications facilities near residential properties can greatly reduce the value of such properties, destroy the views from such properties, and reduce substantially the desire to live in the area. (2) States and local governments should be able to exercise control over the placement, construction, and modification of such facilities through the use of zoning, planned growth, and other land use regulations relating to the protection of the environment and public health, safety, and welfare of the community. (3) There are alternatives to the construction of facilities to meet telecommunications and broadcast needs, including, but not limited to, alternative locations, colocation of antennas on existing towers or structures, towerless PCS-Over-Cable or PCS-Over-Fiber telephone service, satellite television systems, low-Earth orbit satellite communication networks, and other alternative technologies. (4) There are alternative methods of designing towers to meet telecommunications and broadcast needs, including the use of small towers that do not require blinking aircraft safety lights, break skylines, or protrude above tree canopies and that are camouflaged or disguised to blend with their surroundings, or both. (5) On August 19, 1997, the Federal Communications Commission issued a proposed rule, MM Docket No. 97-182, which would preempt the application of State and local zoning and land use ordinances regarding the placement, construction, and modification of broadcast transmission facilities. It is in the interest of the Nation that the Commission not adopt this rule. (6) It is in the interest of the Nation that the memoranda opinions and orders and proposed rules of the Commission with respect to application of certain ordinances to the placement of such towers (WT Docket No. 97-192, ET Docket No. 93-62, RM- 8577, and FCC 97-303, 62 F.R. 47960) be modified in order to permit State and local governments to exercise their zoning and land use authorities, and their power to protect public health and safety, to regulate the placement of telecommunications or broadcast facilities and to place the burden of proof in civil actions, and in actions before the Commission and State and local authorities relating to the placement, construction, and modification of such facilities, on the person or entity that seeks to place, construct, or modify such facilities. (7) PCS-Over-Cable, PCS-Over-Fiber, and satellite telecommunications systems, including low-Earth orbit satellites, offer a significant opportunity to provide so- called ``911'' emergency telephone service throughout much of the United States. (8) According to the Comptroller General, the Commission does not consider itself a health agency and turns to health and radiation experts outside the Commission for guidance on the issue of health and safety effects of radio frequency exposure. (9) The Federal Aviation Administration does not have adequate authority to regulate the placement, construction, and modification of telecommunications facilities near airports or high-volume air traffic areas such as corridors of airspace or commonly used flyways. The Commission's proposed rules to preempt State and local zoning and land-use regulations for the siting of such facilities will have a serious negative impact on aviation safety, airport capacity and investment, and the efficient use of navigable airspace. (10) The telecommunications industry and its experts should be expected to have access to the best and most recent technical information and should therefore be held to the highest standards in terms of their representations, assertions, and promises to governmental authorities. (b) Purposes.--The purposes of this Act are as follows: (1) To repeal certain limitations on State and local authority regarding the placement, construction, and modification of personal wireless service facilities and related facilities as such limitations arise under section 332(c)(7) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)). (2) To permit State and local governments-- (A) in cases where the placement, construction, or modification of telecommunications facilities and other facilities is inconsistent with State and local regulations, laws, or decisions, to require the use of alternative telecommunication or broadcast technologies when such alternative technologies are available; (B) to regulate the placement, modification, and construction of such facilities so that their placement, construction, or modification will not interfere with the safe and efficient use of public airspace or otherwise compromise or endanger public safety; and (C) to hold applicants for permits for the placement, construction, or modification of such telecommunications facilities, and providers of services using such towers and facilities, accountable for the truthfulness and accuracy of representations and statements placed in the record of hearings for such permits, licenses, or approvals. SEC. 2. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TELECOMMUNICATIONS FACILITIES. (a) Repeal of Limitations on Regulation of Personal Wireless Facilities.--Section 332(c)(7)(B) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(B)) is amended-- (1) in clause (i), by striking ``thereof--'' and all that follows through the end and inserting ``thereof shall not unreasonably discriminate among providers of functionally equivalent services.''; (2) by striking clause (iv); (3) by redesignating clause (v) as clause (iv); and (4) in clause (iv), as so redesignated-- (A) in the first sentence, by striking ``30 days after such action or failure to act'' and inserting ``30 days after exhaustion of any administrative remedies with respect to such action or failure to act''; and (B) by striking the third sentence and inserting the following: ``In any such action in which a person seeking to place, construct, or modify a telecommunications facility is a party, such person shall bear the burden of proof, regardless of who commences the action.''. (b) Prohibition on Adoption of Rule Regarding Preemption of State and Local Authority Over Broadcast Transmission Facilities.-- Notwithstanding any other provision of law, the Federal Communications Commission may not adopt as a final rule or otherwise the proposed rule set forth in ``Preemption of State and Local Zoning and Land Use Restrictions on Siting, Placement and Construction of Broadcast Station Transmission Facilities'', MM Docket No. 97-182, released August 19, 1997. (c) Authority Over Placement, Construction, and Modification of Other Transmission Facilities.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 338. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TELECOMMUNICATIONS FACILITIES. ``(a) In General.--Notwithstanding any other provision of this Act, no provision of this Act may be interpreted to authorize any person or entity to place, construct, or modify telecommunications facilities in a manner that is inconsistent with State or local law, or contrary to an official decision of the appropriate State or local government entity having authority to approve, permit, license, modify, or deny an application to place, construct, or modify a tower, if alternate technology is capable of delivering the broadcast or telecommunications signals without the use of a tower. ``(b) Authority Regarding Production of Safety and Interference Studies.--No provision of this Act may be interpreted to prohibit a State or local government from-- ``(1) requiring a person or entity seeking authority to place, construct, or modify telecommunications facilities or broadcast transmission facilities within the jurisdiction of such government to produce-- ``(A) environmental studies, engineering reports, or other documentation of the compliance of such facilities with radio frequency exposure limits established by the Commission and compliance with applicable laws and regulations governing the effects of the proposed facility on the health, safety, and welfare of local residents in the community; and ``(B) documentation of the compliance of such facilities with applicable Federal, State, and local aviation safety standards or aviation obstruction standards regarding objects effecting navigable airspace; or ``(2) refusing to grant authority to such person to locate such facilities within the jurisdiction of such government if such person fails to produce any studies, reports, or documentation required under paragraph (1). ``(c) Construction.--Nothing in this section may be construed to prohibit or otherwise limit the authority of a State or local government to ensure compliance with or otherwise enforce any statements, assertions, or representations filed or submitted by or on behalf of an applicant with the State or local government for authority to place, construct, or modify telecommunications facilities or broadcast transmission facilities within the jurisdiction of the State or local government.''.

Amends the Communications Act of 1934 (the Act) to repeal a provision which prohibits a State or local government from regulating the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with Federal Communications Commission (FCC) regulations concerning such emissions. Requires, in an action in which a person is seeking to place, construct, or modify a telecommunications facility, that such person bear the burden of proof as to the necessity of such placement, construction, or modification. Prohibits the FCC from adopting as a final rule a specified proposed rule which preempts State and local authority over the placement of broadcast transmission facilities. States that no provision of the Act may be interpreted to: (1) authorize any person or entity to place, construct, or modify telecommunications facilities in a manner inconsistent with State or local law if alternative technology is capable of delivering the broadcast or telecommunications signals without the use of a tower; or (2) prohibit a State or local government from requiring the production of safety and interference studies with respect to such facilities.

To amend the Communications Act of 1934 to clarify State and local authority to regulate the placement, construction, and modification of broadcast transmission and telecommunications facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Citizens' Protection at Federal Events Act''. SEC. 2. PROHIBITION ON CARRYING FIREARM NEAR A PLACE WHERE A SENIOR FEDERAL OFFICIAL IS HOLDING AN OFFICIAL PUBLIC EVENT OR CARRYING OUT AN OFFICIAL OR REPRESENTATIONAL DUTY, OR WHERE ANY PERSON IS CAMPAIGNING FOR FEDERAL ELECTIVE OFFICE. (a) Prohibition.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa)(1) Except as provided in paragraph (2), it shall be unlawful for any person, in or affecting interstate or foreign commerce, to knowingly carry a firearm at a place which the person knows is a restricted firearms zone. ``(2) In a prosecution for an alleged violation of paragraph (1), it shall be an affirmative defense, which may be established by a preponderance of the evidence, that, at the time of the alleged violation-- ``(A) the person was a law enforcement officer (whether on- or off-duty) authorized to carry a firearm in the line of duty; or ``(B) the person was carrying the firearm pursuant to the permission of a law enforcement officer; ``(C) the person was a designated Federal protectee; ``(D) the person had the permission of a designated Federal protectee in the restricted firearms zone to carry a firearm in the zone while the place that constitutes the zone is treated as such for purposes of this subsection; ``(E) the person was carrying the firearm only on the premises of a business in which the person is employed and authorized by the employer to carry the firearm; ``(F) the person was carrying the firearm only on real property owned or rented by the person; ``(G) the person was a qualified retired law enforcement officer (as defined in section 926C(c)) carrying the identification required by section 926C(d)); or ``(H)(i) the firearm possessed by the person was unloaded, and was in a locked container or otherwise not readily accessible for use; and ``(ii) any ammunition possessed by the person for the firearm was in a locked container separate from the firearm. ``(3) Violations of this subsection shall be investigated by the Federal Bureau of Investigation. Assistance may be requested from any Federal, State, or local agency, any statute, rule, or regulation to the contrary (other than section 374 or 375 of title 10, or section 1385 of this title) notwithstanding.''. (b) Definitions.--Section 921(a) of such title is amended by adding at the end the following: ``(36)(A) The term `restricted firearms zone' means within 1,000 feet of the exterior of any building or structure in which, or at any other fixed place where-- ``(i) a senior Federal official is, within 30 minutes will be, or within the past 30 minutes was-- ``(I) holding an official event that is open to the public; or ``(II) carrying out an official or representational duty; or ``(ii) a designated Federal protectee is, within 30 minutes will be, or within the past 30 minutes was engaging in campaign activity as a candidate for election for Federal office for purposes of the Federal Election Campaign Act of 1971. ``(B) In subparagraph (A), the term `designated Federal protectee' means a senior Federal official, or an individual who is a candidate for election for Federal office for purposes of the Federal Election Campaign Act of 1971. ``(C) In this paragraph, the term `senior Federal official' means an individual who is the President of the United States, the President- elect, the Vice President, or, if there is no Vice President, the officer next in the order of succession to the Office of the President of the United States, the Vice President-elect, any person who is acting as President under the Constitution and laws of the United States, a Member of Congress, a Member-of-Congress-elect, a member of the executive branch of the Government who is the head of a department listed in section 101 of title 5, the Director of Central Intelligence, a judge or justice of the Supreme Court or of any court created by Act of Congress (other than a magistrate judge appointed under section 631 of title 28, United States Code), an individual nominated for any of the foregoing positions, during the pendency of the nomination. ``(D) In subparagraph (C), the terms `President-elect' and `Vice- President-elect' mean such persons as are the apparent successful candidates for the offices of President and Vice President, respectively, as ascertained from the results of the general elections held to determine the electors of President and Vice President in accordance with sections 1 and 2 of title 3.''. (c) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(8) Whoever knowingly violates section 922(aa) shall be fined under this title, imprisoned not more than 10 years, or both.''.

Securing Citizens' Protection at Federal Events Act - Amends the federal criminal code to prohibit any person from carrying a firearm at a place which the person knows is a restricted firearms zone. Defines "restricted firearms zone" to mean within 1,000 feet of any structure in which, or at any other fixed place where: (1) a senior federal official is, within 30 minutes will be, or within the past 30 minutes was, holding an official event that is open to the public or carrying out an official or representational duty; or (2) such an official or a candidate for election for federal office is, will be, or was engaging in campaign activity as a candidate for election for federal office. Includes as affirmative defenses: (1) the person was a law enforcement officer, a designated federal protectee, or an individual employed and authorized by the employer to carry the firearm; (2) the person was carrying the firearm only on real property owned or rented by the person; and (3) the firearm was unloaded and in a locked container or otherwise not readily accessible for use and any ammunition was in a locked container separate from the firearm. Establishes penalties for violations.

To amend title 18, United States Code, to prohibit the carrying of a firearm near a place where a senior Federal official is holding an official public event or carrying out an official or representational duty, or where any person is campaigning for Federal elective office.

SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Stop Sweatshops Act of 1997''. (b) Reference.--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 Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). SEC. 2. FINDINGS. The Congress makes the following findings: (1) The production of garments in violation of minimum labor standards burdens commerce and the free flow of goods in commerce by spreading and perpetuating labor conditions that undermine minimum living standards and by providing an unfair means of competition to the detriment of employers who comply with the law. (2) The existence of working conditions detrimental to fair competition and the maintenance of minimum standards of living necessary for health, efficiency, and general well-being of workers is a continuing and growing problem in the domestic garment industry. (3) The Congress concurs in the findings of the Comptroller General that most sweatshop employers violate the recordkeeping requirements of the Fair Labor Standards Act of 1938 and that the failure of such employers to maintain adequate records has affected, and continues to affect adversely, the ability of the Department of Labor to collect wages due to workers. (4) The amendment of the Fair Labor Standards Act of 1938 to provide for legal responsibility on the part of manufacturers for compliance with such Act's wage and hour, child labor, and industrial homework provisions by contractors in the garment industry and to provide civil penalties for violations of that Act's recordkeeping requirements is necessary to promote fair competition and working conditions that are not detrimental to the maintenance of health, efficiency, and general well-being of workers in the garment industry. SEC. 3. LEGAL RESPONSIBILITY FOR COMPLIANCE WITH WAGE AND HOUR PROVISIONS IN THE GARMENT INDUSTRY. (a) Amendment.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by inserting after section 14 the following: ``legal responsibility for compliance in the garment industry with sections 6 and 7 ``Sec. 14A. (a) Every manufacturer engaged in the garment industry who contracts to have garment manufacturing operations performed by another person as a contractor-- ``(1) shall be civilly liable, with respect to those garment manufacturing operations, to the same extent as the contractor for any violation by the contractor of section 6 (except for violations of subsection (d)) or 7, for any violation by the contractor of the provisions of section 11 regulating, restricting, or prohibiting industrial homework, and for violation by the contractor of section 12; and ``(2) shall be subject to the same civil penalties assessed against the contractor for violations of such sections. ``(b) In this section: ``(1) The term `contractor' means any person who contracts, directly or indirectly through an intermediary or otherwise, with a manufacturer to perform the cutting, sewing, dyeing, washing, finishing, assembling, pressing, or otherwise producing of any men's, women's, children's, or infants' apparel (including clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts, or a section or component of apparel, except for premanufactured items such as buttons, zippers, snaps, and studs) that is designed or intended to be worn by any individual and that is to be sold or offered for sale. ``(2) The term `garment industry' means the designing, cutting, sewing, dyeing, washing, finishing, assembling, pressing, or otherwise producing of men's, women's, children's, or infants' apparel (including clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts, or a section or component of apparel, except for premanufactured items such as buttons, zippers, snaps, and studs) that is designed or intended to be worn by any individual and that is to be sold or offered for sale. ``(3) The term `manufacturer' means any person, including a retailer, who-- ``(A) contracts, directly or indirectly through an intermediary or otherwise, with a contractor to perform the cutting, sewing, dyeing, washing, finishing, assembling, pressing, or otherwise producing of any men's, women's, children's, or infants' apparel (including clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts, or a section or component of apparel, except for premanufactured items such as buttons, zippers, snaps, and studs) that is designed or intended to be worn by any individual and that is to be sold or offered for sale; or ``(B) designs, cuts, sews, dyes, washes, finishes, assembles, presses, or otherwise produces or is responsible for the production of any men's, women's, children's, or infants' apparel (including clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts, or a section or component of apparel, except for premanufactured items such as buttons, zippers, snaps, and studs) that is designed or intended to be worn by any individual and that is to be sold or offered for sale. ``(4) The term `retailer' means any person engaged in the sale of apparel to the ultimate consumer for personal use.''. (b) Liability to Employees.--Section 16 (29 U.S.C. 216) is amended-- (1) in subsection (b), by inserting after the first sentence the following: ``A manufacturer in the garment industry (as defined in section 14A(b)(3)) shall also be jointly and severally liable to such an employee to the same extent as the contractor in the garment industry (as defined in section 14A(b)(1)) who employed such employee if the contractor violated section 6 (other than subsection (d)) or 7 in the production of apparel or components of apparel for such manufacturer.''; (2) in subsection (b), by inserting in the last sentence ``or by a manufacturer in the garment industry'' after ``by an employer''; and (3) in subsection (c)-- (A) in the third sentence, by striking ``first sentence'' and inserting ``first or second sentence''; and (B) in the third sentence, by inserting ``or by a manufacturer in the garment industry'' before ``liable''. SEC. 4. RECORDKEEPING. Section 16(e) (29 U.S.C. 216(e)) is amended by inserting after the first sentence the following: ``Any person who fails to establish, maintain, and preserve payroll records as required under section 11(c) shall be subject to a civil penalty of not to exceed $1,000 for each employee who was the subject of such a violation. The Secretary may, in the Secretary's discretion, impose civil penalties under this subsection for willful violations. Any person who submits fraudulent payroll records to the agencies enforcing this Act in any of the agencies' investigations or hearings, or as evidence in a court action, that conceal the actual hours of labor worked by employees or the violation of section 6, 7, 11(d), or 12 shall be subject to a civil penalty of $10,000 for each act of fraud and $15,000 for each act of fraud for a second offense.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of 30 days after the date of enactment of this Act.

Stop Sweatshops Act of 1997 - Amends the Fair Labor Standards Act of 1938 to provide for the civil liability of manufacturers (including retailers) for sweatshop conditions maintained by their contractors in the garment industry. Sets forth civil penalties for violation of recordkeeping and payroll accounting requirements.

Stop Sweatshops Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Telecommunications and Broadband Service Act of 2017''. SEC. 2. RURAL TELECOMMUNICATIONS AND BROADBAND ADVISORY COMMITTEE. Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following: ``SEC. 13. RURAL TELECOMMUNICATIONS AND BROADBAND ADVISORY COMMITTEE. ``(a) Establishment.--There is established within the Commission the Rural Telecommunications and Broadband Advisory Committee (in this section referred to as the `Committee'). ``(b) Purpose.--The Committee shall-- ``(1) provide advice to the Commission and reports to Congress with respect to policy issues relating to telecommunications services in rural areas, including advice and recommendations that would-- ``(A) promote the deployment of advanced and next- generation telecommunications services in rural areas; and ``(B) advance the principles described in section 254(b); and ``(2) advise the Commission with respect to the impact that agenda items of the Commission could have on the provision of telecommunications services in rural areas. ``(c) Membership.-- ``(1) Number of members.--The Committee shall be composed of not fewer than 5 and not more than 30 members. ``(2) Appointment.--The members of the Committee, other than the co-Chairs described in paragraph (6), shall be appointed by the chairman of the Commission with the concurrence of the senior commissioner of the Commission from the party of which the chairman is not a member. ``(3) Removal.--A member of the Committee may be removed only upon the concurrence of both the chairman of the Commission and the senior commissioner of the Commission from the party of which the chairman is not a member. ``(4) Terms.--Each member of the Committee appointed under paragraph (2)-- ``(A) shall serve for a term of 2 years; and ``(B) may be reappointed for additional terms. ``(5) Representation of membership.--The membership of the Committee shall-- ``(A) be balanced with respect to the functions that the members of the Committee perform; and ``(B) represent a cross-section of interests in rural telecommunications policy, including individuals-- ``(i)(I) with expertise in spectrum management and efficiency in rural areas; or ``(II) who have provided policy recommendations with respect to advancing the principles described in section 254(b), including, to ensure that next-generation telecommunications services are deployed in rural areas in a timely manner, experience in-- ``(aa) offering recommendations; ``(bb) conducting studies, research, or reforms; and ``(cc) establishing new or novel approaches to policy or spectrum usage or licensing; and ``(ii) who have-- ``(I) represented-- ``(aa) telecommunications providers that serve rural areas; ``(bb) technology developers and manufacturers; ``(cc) Federal, State, regional, and local interests; ``(dd) national security interests; or ``(ee) entities that seek to protect consumers; or ``(II) worked in-- ``(aa) academia; or ``(bb) the field of public safety. ``(6) Co-chairs.-- ``(A) Appointment.--The chairman of the Commission and the senior commissioner of the Commission from the party of which the chairman is not a member shall each appoint a co-Chair of the Committee. ``(B) Removal.--Each co-Chair of the Committee may be removed only upon the concurrence of both the chairman of the Commission and the senior commissioner of the Commission from the party of which the chairman is not a member. ``(d) Meetings.--The Committee-- ``(1) shall meet not less frequently than once every 4 months; and ``(2) may meet more frequently than as described in paragraph (1), as determined by the co-Chairs. ``(e) Reports.-- ``(1) Annual report.--The Committee shall submit to the Commission, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives an annual report that describes the activities of the Committee during the preceding year. ``(2) Servicing rural areas.-- ``(A) In general.--Not later than 1 year after the date of enactment of this section, the Committee shall submit to the Commission, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report that defines, in accordance with the principles described in section 254(b), what constitutes a rural area that has access to telecommunications and information technologies and services. ``(B) Updates.--The Committee may update the report submitted under subparagraph (A), as the co-Chairs determine is appropriate. ``(f) Advice on Agenda Items.--The Committee may be called before the Commission to consider the impact of agenda items of the Commission on the provision of telecommunications services in rural areas. ``(g) Expenses.-- ``(1) In general.--Members of the Committee shall not receive compensation, travel expenses, or a per diem for the work of the members of the Committee. ``(2) Use of electronic means.--The Committee shall use telecommunications services and electronic resources to the maximum extent possible to-- ``(A) facilitate the work of the Committee; and ``(B) minimize the expenses incurred by the members of the Committee in performing the work of the Committee. ``(h) Applicability of FACA.--Sections 10 and 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee or the activities of the Committee.''.

Rural Telecommunications and Broadband Service Act of 2017 This bill amends the Communications Act of 1934 to establish within the Federal Communications Commission (FCC) a Rural Telecommunications and Broadband Advisory Committee to: provide advice to the FCC, and reports to Congress, on the deployment of advanced and next-generation telecommunications services in rural areas, the advancement of universal service principles for nationwide access to affordable and quality telecommunications and information services, and other policies relating to telecommunications in rural areas; define what constitutes a rural area that has access to telecommunications and information technologies and services in accordance with universal service principles; and advise on the impact of FCC agenda items on the provision of such services in rural areas.

Rural Telecommunications and Broadband Service Act of 2017

SECTION 1. REFERENCES IN LAW TO COMMITTEES OF THE HOUSE OF REPRESENTATIVES. (a) References to Committees With New Names.--Except as provided in subsection (c), any reference in any provision of law enacted before January 4, 1995, to-- (1) the Committee on Armed Services of the House of Representatives shall be treated as referring to the Committee on National Security of the House of Representatives; (2) the Committee on Banking, Finance and Urban Affairs of the House of Representatives shall be treated as referring to the Committee on Banking and Financial Services of the House of Representatives; (3) the Committee on Education and Labor of the House of Representatives shall be treated as referring to the Committee on Economic and Educational Opportunities of the House of Representatives; (4) the Committee on Energy and Commerce of the House of Representatives shall be treated as referring to the Committee on Commerce of the House of Representatives; (5) the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives; (6) the Committee on Government Operations of the House of Representatives shall be treated as referring to the Committee on Government Reform and Oversight of the House of Representatives; (7) the Committee on House Administration of the House of Representatives shall be treated as referring to the Committee on House Oversight of the House of Representatives; (8) the Committee on Natural Resources of the House of Representatives shall be treated as referring to the Committee on Resources of the House of Representatives; (9) the Committee on Public Works and Transportation of the House of Representatives shall be treated as referring to the Committee on Transportation and Infrastructure of the House of Representatives; and (10) the Committee on Science, Space, and Technology of the House of Representatives shall be treated as referring to the Committee on Science of the House of Representatives. (b) References to Abolished Committees.--Any reference in any provision of law enacted before January 4, 1995, to-- (1) the Committee on District of Columbia of the House of Representatives shall be treated as referring to the Committee on Government Reform and Oversight of the House of Representatives; (2) the Committee on Post Office and Civil Service of the House of Representatives shall be treated as referring to the Committee on Government Reform and Oversight of the House of Representatives, except that a reference with respect to the House Commission on Congressional Mailings Standards (the ``Franking Commission'') shall be treated as referring to the Committee on House Oversight of the House of Representatives; and (3) the Committee on Merchant Marine and Fisheries of the House of Representatives shall be treated as referring to-- (A) the Committee on Agriculture of the House of Representatives, in the case of a provision of law relating to inspection of seafood or seafood products; (B) the Committee on National Security of the House of Representatives, in the case of a provision of law relating to interoceanic canals, the Merchant Marine Academy and State Maritime Academies, or national security aspects of merchant marine; (C) the Committee on Resources of the House of Representatives, in the case of a provision of law relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography; (D) the Committee on Science of the House of Representatives, in the case of a provision of law relating to marine research; and (E) the Committee on Transportation and Infrastructure of the House of Representatives, in the case of a provision of law relating to a matter other than a matter described in any of subparagraphs (A) through (D). (c) References to Committees With Jurisdiction Changes.--Any reference in any provision of law enacted before January 4, 1995, to-- (1) the Committee on Energy and Commerce of the House of Representatives shall be treated as referring to-- (A) the Committee on Agriculture of the House of Representatives, in the case of a provision of law relating to inspection of seafood or seafood products; (B) the Committee on Banking and Financial Services of the House of Representatives, in the case of a provision of law relating to bank capital markets activities generally or to depository institution securities activities generally; and (C) the Committee on Transportation and Infrastructure of the House of Representatives, in the case of a provision of law relating to railroads, railway labor, or railroad retirement and unemployment (except revenue measures related thereto); and (2) the Committee on Government Operations of the House of Representatives shall be treated as referring to the Committee on the Budget of the House of Representatives in the case of a provision of law relating to the establishment, extension, and enforcement of special controls over the Federal budget. SEC. 2. REFERENCES IN LAW TO OFFICERS OF THE HOUSE OF REPRESENTATIVES. Any reference in any provision of law enacted before January 4, 1995, to a function, duty, or authority-- (1) of the Clerk of the House of Representatives shall be treated as referring, with respect to that function, duty, or authority, to the officer of the House of Representatives exercising that function, duty, or authority, as determined by the Committee on House Oversight of the House of Representatives; (2) of the Doorkeeper of the House of Representatives shall be treated as referring, with respect to that function, duty, or authority, to the officer of the House of Representatives exercising that function, duty, or authority, as determined by the Committee on House Oversight of the House of Representatives; (3) of the Postmaster of the House of Representatives shall be treated as referring, with respect to that function, duty, or authority, to the officer of the House of Representatives exercising that function, duty, or authority, as determined by the Committee on House Oversight of the House of Representatives; and (4) of the Director of Non-legislative and Financial Services of the House of Representatives shall be treated as referring, with respect to that function, duty, or authority, to the officer of the House of Representatives exercising that function, duty, or authority, as determined by the Committee on House Oversight of the House of Representatives. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Provides that references in any provision of Federal law enacted before January 4, 1995, to any committee or officer of the House of Representatives the name, jurisdiction, function, duty, or authority of which has been changed shall be treated as referring to the currently applicable committee or officer of the House.

To provide that references in the statutes of the United States to any committee or officer of the House of Representatives the name or jurisdiction of which was changed as part of the reorganization of the House of Representatives at the beginning of the One Hundred Fourth Congress shall be treated as referring to the currently applicable committee or officer of the House of Representatives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``King Holiday and Service Act of 1994''. SEC. 2. MARTIN LUTHER KING, JR. FEDERAL HOLIDAY COMMISSION. The Act entitled ``An Act to establish a commission to assist in the first observance of the Federal legal holiday honoring Martin Luther King, Jr.'', approved August 27, 1984 (36 U.S.C. 169j and following) is amended-- (1) in section 3(1) by inserting ``(including service opportunities)'' after ``activities''; (2) in section 4(a) by striking ``and'' at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting ``; and'', and by adding at the end the following: ``(7) the Chief Executive Officer of the Corporation for National and Community Service, appointed under section 193 of the National and Community Service Act of 1990 (42 U.S.C. 12651c).''; (3) in section 6-- (A) in subsection (a) by striking ``maximum rate of pay payable for grade GS-18 of the General Schedule under section 5332'' and inserting ``rate of pay for level IV of the Executive Schedule under section 5315''; (B) in subsection (b)(1) by adding the following at the end: ``A person who has been detailed under the preceding sentence for as many as 365 days (continuously or intermittently) may not subsequently be detailed to the Commission.''; and (C) all Federal employees on loan to the King Commission on the day of enactment of this Act may remain detailed to the Martin Luther King Holiday Commission for not more than 365 days; (4) by amending section 7 to read as follows: ``Sec. 7. There are authorized to be appropriated to carry out this Act-- ``(1) $300,000 for fiscal year 1995; ``(2) $350,000 for fiscal year 1996; ``(3) $400,000 for fiscal year 1997; ``(4) $450,000 for fiscal year 1998; and ``(5) $500,000 for fiscal year 1999.''; (5) by amending section 8 to read as follows: ``SEC. 8. COMMISSION REPORT. ``(a) In General.--Not later than April 20 of each year, the Commission shall submit a report to the President and the Congress concerning its activities under this Act or under the National and Community Service Act of 1990. ``(b) Analysis Required.--The Commission shall include in its annual report-- ``(1) a detailed description of all activities undertaken by the Commission; ``(2) an analysis of the spending practices of the Commission indicating how much of the funds of the Commission are dedicated to salaries, travel expenses, and other overhead costs and how much are dedicated to the stated goals of the Commission; and ``(3) a detailed description of any grants made by the Corporation for National and Community Service with the consultation of the Commission.''; (6) in section 9 by striking ``April 20, 1994'' and inserting ``September 30, 1999''; (7) by adding at the end the following new section: ``Sec. 10. None of the funds appropriated or donated to the Commission may be used for the purpose of purchasing first class air travel or first class hotel accommodations.''; and (8) by adding at the end the following: ``SEC. 11. ACCOUNTING PROCEDURES. ``The Commission shall follow a comprehensive basis of accounting, as defined by the Comptroller General in B-255473. The Commission shall establish an accounting system for review by the Comptroller General under section 3512 of title 31, United States Code. The Comptroller General is authorized to review and audit the Commission, its programs, activities, operations, and financial transactions. The Comptroller General, and his agents, shall have access to all records, files, documents, and papers of the Commission, as necessary, to accomplish such audits.''. SEC. 3. MARTIN LUTHER KING, JR., SERVICE DAY. (a) Additional Corporation Activity to Support National Service.-- Section 198 of the National and Community Service Act of 1990 (42 U.S.C. 12653) is amended by adding at the end the following new subsection: ``(s) Martin Luther King, Jr., Service Day.-- ``(1) Assistance.--The Corporation may make grants to eligible entities described in paragraph (2) to pay for the Federal share of the cost of planning and carrying out service opportunities in conjunction with the Federal legal holiday honoring the birthday of Martin Luther King, Jr. Such service opportunities shall consist of activities reflecting the life and teachings of Martin Luther King, Jr., such as cooperation and understanding among racial and ethnic groups, nonviolent conflict resolution, equal economic and educational opportunities, and social justice. ``(2) Eligible entities.--Any entity otherwise eligible for assistance under the national services laws shall be eligible to receive a grant under this subsection. ``(3) Consultation.--In making grants under this subsection, the Corporation shall consult with the Martin Luther King, Jr. Federal Holiday Commission established under section 2 of Public Law 98-399 (36 U.S.C. 169j-1). ``(4) Federal share.--Grants provided under this subsection to an eligible entity to support the planning and carrying out of a service opportunity in conjunction with the Federal legal holiday honoring the birthday of Martin Luther King, Jr., together with all other Federal funds used to plan or carry out the service opportunity, may not exceed 30 percent of the cost of planning and carrying out the service opportunity. ``(5) Calculation of entity contributions.--In determining the non-Federal share of the costs of planning and carrying out a service opportunity supported by a grant under this subsection, the Corporation shall consider in-kind contributions (including facilities, equipment, and services) made to plan or carry out the service opportunity.''. (b) Technical and Conforming Amendments.-- (1) Reference to repealed section.--Section 101(a)(3) of the National and Community Service Trust Act of 1993 (Public Law 103- 82; 107 Stat. 788) is amended by striking ``through 136'' and inserting ``through 135''. (2) Incorrect reference to act.--Section 203(a)(3) of the National and Community Service Trust Act of 1993 (Public Law 103- 82; 107 Stat. 891) is amended by striking ``Act of 1993'' and inserting ``Act of 1990''. (3) Description of national service participants.--Section 137(c) of the National and Community Service Act of 1990 (42 U.S.C. 12591(c)), as added by section 101(b) of the National and Community Service Trust Act of 1993 (Public Law 103-82; 107 Stat. 809), is amended by striking ``subsection (a)(5)(A)'' and inserting ``subsection (a)(5)''. (4) Educational award eligibility requirements.--Section 146(a) of the National and Community Service Act of 1990 (42 U.S.C. 12602(a)), as added by section 102(a) of the National and Community Service Trust Act of 1993 (Public Law 103-82; 107 Stat. 818), is amended by striking the second paragraph (3). (5) Civilian community corps.-- (A) Use of incorrect term.--Section 155(e) of the National and Community Service Act of 1990 (42 U.S.C. 12615(e)), as redesignated by section 104(b)(3) of the National and Community Service Trust Act of 1993 (Public Law 103-82; 107 Stat. 840), is amended by striking ``Corps'' and inserting ``Camps''. (B) Reference to section.--Subsection (c)(2)(C)(i) of section 159 of the National and Community Service Act of 1990 (42 U.S.C. 12619), as amended by section 104(e)(2)(E)(ii) of the National and Community Service Trust Act of 1993 (Public Law 103-82; 107 Stat. 847), is amended by striking ``section section 162(a)(2)'' and inserting ``section 162(a)(2)''. (C) Cross reference.--Section 162(a)(1)(B)(ii) of the National and Community Service Act of 1990 (42 U.S.C. 12622(a)(1)(B)(ii)), as redesignated by section 104(b)(3) of the National and Community Service Trust Act of 1993 (Public Law 103-82; 107 Stat. 840), is amended by striking ``section 4462 of the National Defense Authorization Act for Fiscal Year 1993'' and inserting ``section 1143a of title 10, United States Code''. (6) Punctuation.--Section 198(q)(1) of the National and Community Service Act of 1990 (42 U.S.C. 12653(q)(1)), as added by section 104(c) of the National and Community Service Trust Act of 1993 (Public Law 103-82; 107 Stat. 840), is amended by striking ``1995'' and inserting ``1995,''. (7) Redesignated paragraph.--Subsection (b)(6) of section 103 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4953), as redesignated by section 323(b)(3) of the National and Community Service Trust Act of 1993 (Public Law 103-82; 107 Stat. 900), is amended by striking ``(6)'' and inserting ``(5)''. (8) Subparagraph indentation.--Subsection (c)(1)(F) of section 103 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4953), as added by section 323(c)(1)(D) of the National and Community Service Trust Act of 1993 (Public Law 103-82; 107 Stat. 900), is amended by moving the left margin two ems to the left. (9) Correct execution of amendment.--Section 224 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5024) is amended by striking ``volunteer projects for older Americans'' and inserting ``National Senior Volunteer Corps projects''. (10) Effective dates.-- (A) In general.--Except as provided in subparagraph (B), the amendments made by this subsection shall take effect on the date of the enactment of this Act. (B) Retroactive effective date.--The amendments made by paragraphs (1) and (2) shall take effect as of October 1, 1993. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

King Holiday and Service Act of 1994 - Amends Federal law to: (1) authorize appropriations through FY 1998 for the Martin Luther King, Jr. Federal Holiday Commission; (2) extend the Commission; (3) revise its membership to include the Chief Executive Officer of the Corporation for National and Community Service; (4) include the encouragement of service opportunities as one of the Commission's purposes; (5) add restrictions on details to the Commission and use of Commission funds for air travel and hotel accommodations; (6) revise congressional reporting requirements; and (7) add requirements for a Commission accounting system. Amends the National and Community Service Act of 1990 to authorize the Corporation to make grants to eligible entities to carry out service opportunities in conjunction with Martin Luther King, Jr.'s birthday.

King Holiday and Service Act of 1994

TO SPECIFY ITS CONSTITUTIONAL AUTHORITY AND SHOW EFFECTS ON CURRENT LAW. Chapter 2 of title 1, United States Code, is amended by inserting after section 105 the following: ``Sec. 105a. Text of bill or resolution to specify its constitutional authority ``(a) Requirement.-- ``(1) In general.--Any bill or resolution introduced in either House of Congress shall contain a provision citing the specific powers granted to Congress in the Constitution of the United States to enact the proposed bill or resolution, including all the provisions thereof. ``(2) Failure to comply.--Any bill or resolution not in compliance with subsection (a)(1) shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. ``(b) Floor Consideration.-- ``(1) In general.--The requirements of subsection (a)(1) shall apply to any bill or resolution presented for consideration on the floor of either House of Congress, including those bills or resolutions reported from a committee of either House of Congress, those consisting of a conference report to accompany or bill or resolution, or those offered as a manager's amendment. ``(2) Failure to comply.--Any bill or resolution not complying with subsection (A)(1) shall not be submitted for a vote on final passage. ``(c) No Waiver or Modification.--Neither House of Congress, nor Congress jointly, by concurrent resolution, or by unanimous consent, or by any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. ``Sec. 105b. Text of bill or resolution to set forth current law ``(a) Requirement.-- ``(1) In general.--Any bill or resolution introduced in either House of Congress which is designed to amend or modify the effect of, or which would have the effect of amending or modifying the effect of, any current provision of law, including the expiration date of any law, shall set forth-- ``(A) the amendments being proposed by the bill; and ``(B) the current section of law as it would read as modified by the amendments proposed, showing deleted text struck through and inserted text underlined. ``(2) Failure to comply.--Any bill or resolution not complying with this subsection shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. ``(b) Floor Consideration.-- ``(1) In general.--The requirements of subsection (a)(1) shall apply to all bills or resolutions presented for consideration on the floor of either House of Congress, including those reported from a committee of either House of Congress, those consisting of a conference report to accompany a bill or resolution, or those offered as a manager's amendment. ``(2) Failure to comply.--Any bill or resolution not complying with this section shall not be submitted to a vote on final passage. ``(c) No Waiver or Modification.--Neither House of Congress, nor Congress jointly, by concurrent resolution, or by unanimous consent, or by any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. ``Sec. 105c. Text of amendment to set forth current bill ``(a) Requirement.-- ``(1) In general.--Any amendment to a bill or resolution introduced in either House of Congress shall set forth the current section of the bill or resolution as it would read as modified by the amendments proposed, showing deleted text struck through and inserted text underlined. ``(2) Failure to comply.--Any bill or resolution not complying with this subsection shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. ``(b) Floor Consideration.-- ``(1) In general.--The requirements of subsection (a)(1) shall apply to all bills or resolutions presented for consideration on the floor of either House of Congress, including those reported from a committee of either House of Congress, those consisting of a conference report to accompany a bill or joint resolution, or those offered as a manager's amendment. ``(2) Failure to comply.--Any bill or resolution not complying with this section shall not be submitted to a vote on final passage. ``(c) No Waiver or Modification.--Neither House of Congress, nor Congress jointly, by concurrent resolution, or by unanimous consent, or by any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. ``Sec. 105d. Procedures prior to vote on bill or resolution ``(a) In General.--A vote on final passage of a bill (except for private bills) or a resolution of a public character may not occur in either House of Congress, unless-- ``(1) the full text of the bill or resolution, or original language and all adopted amendments to the same effect, is published at least 7 days before the vote on the official public Internet site of the Office of the Clerk of the House of Representatives (in the case of a bill or resolution in the House of Representatives) or the Office of the Secretary of the Senate (in the case of a bill or resolution in the Senate), easily available to and readily usable by the public, using an open format that is platform independent, machine readable, and available without restrictions respecting searching, retrieval, downloading, and indexing, separate and apart from the calendar of the Senate or the House of Representatives; and ``(2) public notice of the specific calendar week during which the vote is scheduled to take place is posted on the official Internet website described in paragraph (1) not less than 6 days before the Monday of the calendar week during which the vote is scheduled to take place, with failure to take the vote during the noticed week requiring a new notice. ``(b) Roll Call.--No vote on final passage of a bill (except for private bills) or resolution may occur in either House of Congress unless taken by roll call. ``(c) Journal.--With respect to each vote on final passage of a bill (except for a private bill) or resolution, each House of Congress shall cause to be recorded in the journal of its proceedings that the applicable publishing, notice, and reading requirements under this section have been met. ``(d) No Waiver or Modification.--Neither House of Congress, nor Congress jointly, by concurrent resolution, or by unanimous consent, or by any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. ``(e) Exception for Declarations of War.--This section shall not apply with respect to any bill or resolution which constitutes a declaration of war. ``Sec. 105e. Enforcement ``(a) In General.--An Act of Congress that does not comply with sections 105a, 105b, 105c, or 105d shall have no force or effect and no legal, equitable, regulatory, civil, or criminal action may be brought under such an Act of Congress. ``(b) Cause of Action.--Without regard to the amount in controversy, a cause of action under sections 2201 and 2202 of title 28, United States Code, against the United States seeking appropriate relief (including an injunction against enforcement of any law the passage of which did not conform to the requirements of sections 105a, 105b, 105c, or 105d) may be brought by-- ``(1) any person aggrieved by any action of any officer or employee of the Federal Government under any Act of Congress that does not comply with sections 105a, 105b, 105c, or 105d; and ``(2) any Member of Congress aggrieved by the failure of the House of Congress of which the Member is a Member to comply with sections 105a, 105b, 105c, or 105d.''. SEC. 3. SEVERABILITY. If any provision of this Act or an amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid for any reason in any court of competent jurisdiction, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any other person or circumstance, shall not be affected. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to bills and resolutions introduced or considered during the One Hundred Fourteenth Congress or any succeeding Congress.

Read the Bills Act - Requires any bill or resolution introduced in either chamber of Congress to contain a provision citing the specific powers granted to Congress in the Constitution to enact the proposed measure, including all of its provisions. Requires any measure introduced in either chamber, designed to amend or modify the effect of, or which would have such an effect, any current provision of law, including its expiration date, to set forth: (1) the amendments being proposed by the bill; and (2) the current section of law as it would read as modified by such amendments, showing deleted text struck through and inserted text underlined. Prohibits the Clerk of the House of Representatives or the Secretary of the Senate from accepting legislation if it is noncompliant with these requirements. Applies such requirements to any legislation presented for consideration on the floor of either chamber. Prohibits any noncompliant measure from being submitted for a vote on final passage. Prohibits either chamber of Congress jointly from waiving or modifying these requirements. Requires any amendment to a measure introduced in either chamber to set forth the current section of the legislation as it would read as modified by the amendment, showing deleted text struck through and inserted text underlined. Sets forth the same requirements and/or prohibitions for such amendments as those specified in this Act regarding the text of legislation setting forth current law. Bars a vote on final passage of a measure (except private bills) from occurring in either chamber, unless: (1) the full text of the measure, or original language and all adopted amendments to the same effect, is published at least seven days before the vote on the official public Internet website of the Office of the Clerk or the Office of the Secretary, as appropriate; and (2) public notice of the specific calendar week during which the vote is scheduled to take place is posted on the respective website within six days before the Monday of such week. Requires a roll call vote on final passage of a measure (except a private bill) in either chamber. Excludes from these requirements any measure which constitutes a declaration of war. Declares that an Act of Congress noncompliant with this Act shall have no force or effect. Bars any legal, equitable, regulatory, civil, or criminal action from being brought under such Act. Grants the following aggrieved individuals the right to bring an action against the United States to seek appropriate relief, including an injunction against the enforcement of any law, the passage of which did not conform to this Act: (1) persons aggrieved by an action of any federal officer or employee, and (2) Members of Congress.

Read the Bills Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Benefits Act of 2011''. SEC. 2. ASSESSMENT OF CLAIMS-PROCESSING SKILLS PILOT PROGRAM. (a) Pilot Program.--Commencing not later than 180 days after the date of the enactment of this Act, in addition to providing employee certification under section 7732A of title 38, United States Code, the Secretary of Veterans Affairs shall carry out a pilot program to assess skills and provide training described under subsection (b). (b) Biennial Skills Assessment and Individualized Training.-- (1) In general.--The Secretary shall-- (A) biennially assess the skills of appropriate employees and managers of the Veterans Benefits Administration who are responsible for processing claims for compensation and pension benefits under the laws administered by the Secretary, including by requiring such employees and managers to take the examination provided under section 7732A(a)(1) of title 38, United States Code; and (B) on the basis of the results of such assessment and examination, and on any relevant regional office quality review, develop and implement an individualized training plan related to such skills for each such employee and manager. (2) Remediation.-- (A) Remediation provided.--In providing training under paragraph (1)(B), if any employee or manager receives a less than satisfactory result on any portion of an assessment under paragraph (1)(A), the Secretary shall provide such employee or manager with remediation of any deficiency in the skills related to such portion of the assessment and, within a reasonable period following the remediation, shall require the employee or manager to take the examination again. (B) Personnel actions.--In accordance with titles 5 and 38, United States Code, the Secretary shall take appropriate personnel actions with respect to any employee or manager who, after being given two opportunities for remediation under subparagraph (A), does not receive a satisfactory result on an assessment under paragraph (1)(A). (c) Locations and Duration.--The Secretary shall carry out the pilot program under this section at five regional offices of the Veterans Benefits Administration during the four-year period beginning on the date of the commencement of the pilot program. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section a total of $5,000,000 for fiscal years 2012 through 2016. (e) Reports.--Not later than November 1 of each year in which the pilot program under this section is carried out, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report on any assessments and training conducted under this section during the previous year. Each such report shall include-- (1) a summary of-- (A) the results of the assessments under subsection (b)(1)(A); (B) remediation provided under subsection (b)(2)(A); and (C) personnel actions taken under subsection (b)(2)(B); and (2) any changes made to the training program under subsection (b)(1)(B) based on the results of such assessments and remediation and the examinations provided under section 7732A(a)(1) of title 38, United States Code. SEC. 3. EXCLUSION OF CERTAIN REIMBURSEMENTS OF EXPENSES FROM DETERMINATION OF ANNUAL INCOME WITH RESPECT TO PENSIONS FOR VETERANS AND SURVIVING SPOUSES AND CHILDREN OF VETERANS. (a) In General.--Paragraph (5) of section 1503(a) of title 38, United States Code, is amended to read as follows: ``(5) payments regarding-- ``(A) reimbursements of any kind (including insurance settlement payments) for-- ``(i) expenses related to the repayment, replacement, or repair of equipment, vehicles, items, money, or property resulting from-- ``(I) any accident (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the equipment or vehicle involved at the time immediately preceding the accident; ``(II) any theft or loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the item or the amount of the money (including legal tender of the United States or of a foreign country) involved at the time immediately preceding the theft or loss; or ``(III) any casualty loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the property involved at the time immediately preceding the casualty loss; and ``(ii) medical expenses resulting from any accident, theft, loss, or casualty loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this clause shall not exceed the costs of medical care provided to the victim of the accident, theft, loss, or casualty loss; and ``(B) pain and suffering (including insurance settlement payments and general damages awarded by a court) related to an accident, theft, loss, or casualty loss, but the amount excluded under this subparagraph shall not exceed an amount determined by the Secretary on a case-by-case basis;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. (c) Extension of Authority to Obtain Certain Information From Department of Treasury.--Section 5317(g) of title 38, United States Code, is amended by striking ``2011'' and inserting ``2013''. SEC. 4. AUTHORIZATION OF USE OF ELECTRONIC COMMUNICATION TO PROVIDE NOTICE TO CLAIMANTS FOR BENEFITS UNDER LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. (a) In General.--Section 5103 of title 38, United States Code, is amended-- (1) in subsection (a)(1)-- (A) by striking ``Upon receipt of a complete or substantially complete application, the'' and inserting ``The''; (B) by striking ``notify'' and inserting ``provide to''; and (C) by inserting ``by the most effective means available, including electronic communication or notification in writing'' before ``of any information''; and (2) in subsection (b), by adding at the end the following new paragraphs: ``(4) Nothing in this section shall require the Secretary to provide notice for a subsequent claim that is filed while a previous claim is pending if the notice previously provided for such pending claim-- ``(A) provides sufficient notice of the information and evidence necessary to substantiate such subsequent claim; and ``(B) was sent within one year of the date on which the subsequent claim was filed. ``(5)(A) This section shall not apply to any claim or issue where the Secretary may award the maximum benefit in accordance with this title based on the evidence of record. ``(B) For purposes of this paragraph, the term `maximum benefit' means the highest evaluation assignable in accordance with the evidence of record, as long as such evaluation is supported by such evidence of record at the time the decision is rendered.''. (b) Construction.--Nothing in the amendments made by subsection (a) shall be construed as eliminating any requirement with respect to the contents of a notice under section 5103 of such title that are required under regulations prescribed pursuant to subsection (a)(2) of such section as of the date of the enactment of this Act. SEC. 5. DUTY TO ASSIST CLAIMANTS IN OBTAINING PRIVATE RECORDS. (a) In General.--Section 5103A(b) of title 38, United States Code, is amended to read as follows: ``(b) Assistance in Obtaining Private Records.--(1) As part of the assistance provided under subsection (a), the Secretary shall make reasonable efforts to obtain relevant private records. ``(2)(A) Whenever the Secretary, after making such reasonable efforts, is unable to obtain all of the relevant records sought, the Secretary shall notify the claimant that the Secretary is unable to obtain records with respect to the claim. Such a notification shall-- ``(i) identify the records the Secretary is unable to obtain; ``(ii) briefly explain the efforts that the Secretary made to obtain such records; and ``(iii) explain that the Secretary will decide the claim based on the evidence of record but that this section does not prohibit the submission of records at a later date if such submission is otherwise allowed. ``(B) The Secretary shall make not less than two requests to a custodian of a private record in order for an effort to obtain relevant private records to be treated as reasonable under this section, unless it is made evident by the first request that a second request would be futile in obtaining such records. ``(3)(A) This section shall not apply if the evidence of record allows for the Secretary to award the maximum benefit in accordance with this title based on the evidence of record. ``(B) For purposes of this paragraph, the term `maximum benefit' means the highest evaluation assignable in accordance with the evidence of record, as long as such evaluation is supported by such evidence of record at the time the decision is rendered. ``(4) Under regulations prescribed by the Secretary, the Secretary-- ``(A) shall encourage claimants to submit relevant private medical records of the claimant to the Secretary if such submission does not burden the claimant; and ``(B) in obtaining relevant private records under paragraph (1), may require the claimant to authorize the Secretary to obtain such records if such authorization is required to comply with Federal, State, or local law.''. (b) Public Records.--Section 5103A(c) of such title is amended to read as follows: ``(c) Obtaining Records for Compensation Claims.--(1) In the case of a claim for disability compensation, the assistance provided by the Secretary under this section shall include obtaining the following records if relevant to the claim: ``(A) The claimant's service medical records and, if the claimant has furnished the Secretary information sufficient to locate such records, other relevant records pertaining to the claimant's active military, naval, or air service that are held or maintained by a governmental entity. ``(B) Records of relevant medical treatment or examination of the claimant at Department health-care facilities or at the expense of the Department, if the claimant furnishes information sufficient to locate those records. ``(C) Any other relevant records held by any Federal department or agency that the claimant adequately identifies and authorizes the Secretary to obtain. ``(2) Whenever the Secretary attempts to obtain records from a Federal department or agency under this subsection, the efforts to obtain those records shall continue until the records are obtained unless it is reasonably certain that such records do not exist or that further efforts to obtain those records would be futile.''. SEC. 6. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN PURPOSES. (a) In General.--Chapter 55 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes ``In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item: ``5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes.''. SEC. 7. REINSTATEMENT OF PENALTIES FOR CHARGING VETERANS UNAUTHORIZED FEES. (a) In General.--Section 5905 of title 38, United States Code, is amended to read as follows: ``Sec. 5905. Penalty for certain acts ``Except as provided in section 5904 or 1984 of this title, whoever-- ``(1) in connection with a proceeding before the Department, knowingly solicits, contracts for, charges, or receives any fee or compensation in connection for-- ``(A) the provision of advice on how to file a claim for benefits under the laws administered by the Secretary; or ``(B) the preparation, presentation, or prosecution of such a claim before the date on which a notice of disagreement is filed in a proceeding on the claim, or attempts to do so; ``(2) unlawfully withholds from any claimant or beneficiary any part of a benefit or claim under the laws administered by the Secretary that is allowed and due to the claimant or beneficiary, or attempts to do so; ``(3) commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures the commission of such an act; or ``(4) causes an act to be done, which if directly performed would be punishable by this chapter, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to acts committed after the date of the enactment of this Act. SEC. 8. PERFORMANCE AWARDS IN THE SENIOR EXECUTIVE SERVICE. For each of fiscal years 2012 through 2016, the Secretary of Veterans Affairs may not pay more than $2,000,000 in performance awards under section 5384 of title 5, United States Code. SEC. 9. BUDGETARY EFFECTS OF THIS ACT. 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. Passed the House of Representatives October 11, 2011. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on October 6, 2011. The summary of that version is repeated here.) Veterans' Benefits Act of 2011 - (Sec. 2) Directs the Secretary of Veterans Affairs (VA) to conduct a four-year pilot program to: (1) biennially assess the skills of appropriate Veterans Benefits Administration employees and managers responsible for processing VA compensation and pension benefit claims; (2) develop and implement individualized training plans related to such skills; (3) provide remediation for deficiently skilled employees or managers receiving a less than satisfactory result on any portion of the assessment; and (4) take appropriate disciplinary actions with respect to individuals failing to receive a satisfactory result after being given two opportunities for such remediation. Authorizes appropriations. Requires the Secretary to report annually during the program period to the congressional veterans committees on such assessment and the training conducted. (Sec. 3) Excludes from annual income, for purposes of eligibility for pensions for veterans and their surviving spouses and children, reimbursements resulting from: (1) any accident; (2) any theft or loss; (3) any casualty loss; (4) medical expenses resulting from any such accident, theft, or loss; and (5) pain and suffering (including insurance settlement payments and general damages awarded by a court) related to such accident, theft, or loss. Extends through November 18, 2011, VA authority to obtain veterans' income verification information from the Secretary of the Treasury or the Commissioner of Social Security. (Sec. 4) Directs the Secretary to notify VA benefits claimants by the most effective means available, including electronic communication or notification in writing, of any information or medical or lay evidence not previously provided to the Secretary that is necessary to substantiate a claim. (Current law does not specify the means of notice.) (Sec. 5) Requires the Secretary, in assisting claimants in obtaining relevant records in support of a claim, to make at least two requests to a custodian of a private medical record, unless it is made evident by the first request that a second request would be futile. Directs the Secretary to encourage claimants to submit relevant private medical records if such submission does not burden the claimant. Allows the claimant to instead authorize the Secretary to obtain such records. Provides procedures for the obtaining of public records by the Secretary. (Sec. 6) Prohibits, in any case arising out of the administration of laws and benefits by VA, considering any person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness from being considered adjudicated as a mental defective for purposes of the right to receive or transport firearms without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others. (Sec. 7) Provides criminal penalties against any person who solicits, contracts for, charges, or receives any fee or compensation from a veteran, other than that currently permitted under law, for: (1) advice on how to file a benefits claim; or (2) the preparation, presentation, or prosecution of a claim before the date on which a notice of disagreement is filed in a proceeding on the claim. (Sec. 8) Prohibits the Secretary from paying more than $2 million in Senior Executive Service performance awards for each of FY2012-FY2016.

To amend title 38, United States Code, to improve the determination of annual income with respect to pensions for certain veterans, to direct the Secretary of Veterans Affairs to establish a pilot program to assess the skills of certain employees and managers of the Veterans Benefits Administration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Species Transparency and Reasonableness Act''. SEC. 2. REQUIREMENT TO PUBLISH ON THE INTERNET THE BASIS FOR LISTINGS. Section 4(b) of the Endangered Species Act (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9) The Secretary shall make publicly available on the Internet the best scientific and commercial data available that are the basis for each regulation, including each proposed regulation, promulgated under subsection (a)(1), except that, at the request of a Governor, State agency, or legislature of a State, the Secretary shall not make available under this paragraph information regarding which the State has determined public disclosure is prohibited by a law or regulation of that State, including any law or regulation requiring the protection of personal information; and except that within 30 days after the date of the enactment of this paragraph, the Secretary shall execute an agreement with the Secretary of Defense that prevents the disclosure of classified information pertaining to Department of Defense personnel, facilities, lands, or waters.''. SEC. 3. DECISIONAL TRANSPARENCY AND USE OF STATE, TRIBAL, AND LOCAL INFORMATION. (a) Requiring Decisional Transparency With Affected States.-- Section 6(a) of the Endangered Species Act of 1973 (16 U.S.C. 1535(a)) is amended-- (1) by inserting ``(1)'' before the first sentence; and (2) by striking ``Such cooperation shall include'' and inserting the following: ``(2) Such cooperation shall include-- ``(A) before making a determination under section 4(a), providing to States affected by such determination all data that is the basis of the determination; and ``(B)''. (b) Ensuring Use of State, Tribal, and Local Information.-- (1) In general.--Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended-- (A) by redesignating paragraphs (2) through (21) as paragraphs (3) through (22), respectively; and (B) by inserting after paragraph (1) the following: ``(2) The term `best scientific and commercial data available' includes all such data submitted by a State, tribal, or county government.''. (2) Conforming amendment.--Section 7(n) of such Act (16 U.S.C. 1536(n)) is amended by striking ``section 3(13)'' and inserting ``section 3(14)''. SEC. 4. DISCLOSURE OF EXPENDITURES UNDER ENDANGERED SPECIES ACT OF 1973. (a) Requirement To Disclose.--Section 13 of the Endangered Species Act of 1973 (87 Stat. 902; relating to conforming amendments which have executed) is amended to read as follows: ``SEC. 13. DISCLOSURE OF EXPENDITURES. ``(a) Requirement.--The Secretary of the Interior, in consultation with the Secretary of Commerce, shall-- ``(1) not later than 90 days after the end of each fiscal year, submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report detailing Federal Government expenditures for covered suits during the preceding fiscal year (including the information described in subsection (b)); and ``(2) make publicly available through the Internet a searchable database of the information described in subsection (b). ``(b) Included Information.--The report shall include-- ``(1) the case name and number of each covered suit, and a hyperlink to the record or decision for each covered suit (if available); ``(2) a description of the claims in each covered suit; ``(3) the name of each covered agency whose actions gave rise to a claim in a covered suit; ``(4) funds expended by each covered agency (disaggregated by agency account) to receive and respond to notices referred to in section 11(g)(2) or to prepare for litigation of, litigate, negotiate a settlement agreement or consent decree in, or provide material, technical, or other assistance in relation to, a covered suit; ``(5) the number of full-time equivalent employees that participated in the activities described in paragraph (4); ``(6) attorneys fees and other expenses (disaggregated by agency account) awarded in covered suits, including any consent decrees or settlement agreements (regardless of whether a decree or settlement agreement is sealed or otherwise subject to nondisclosure provisions), including the bases for such awards; and ``(7) any Federal funding used by a person or a governmental or non-governmental entity in bringing a claim in a covered suit. ``(c) Requirement To Provide Information.--The head of each covered agency shall provide to the Secretary in a timely manner all information requested by the Secretary to comply with the requirements of this section. ``(d) Limitation on Disclosure.--Notwithstanding any other provision of this section, this section shall not affect any restriction in a consent decree or settlement agreement on the disclosure of information that is not described in subsection (b). ``(e) Definitions.-- ``(1) Covered agency.--The term `covered agency' means any agency of the Department of the Interior, the Forest Service, the National Marine Fisheries Service, the Bonneville Power Administration, the Western Area Power Administration, the Southwestern Power Administration, or the Southeastern Power Administration. ``(2) Covered suit.--The term `covered suit' means any civil action containing a claim against the Federal Government, in which the claim arises under this Act and is based on the action of a covered agency.''. (b) Clerical Amendment.--The table of contents in the first section of such Act is amended by striking the item relating to such section and inserting the following: ``Sec. 13. Disclosure of expenditures.''. (c) Prior Amendments Not Affected.--This section shall not be construed to affect the amendments made by section 13 of such Act, as in effect before the enactment of this Act. SEC. 5. AWARD OF LITIGATION COSTS TO PREVAILING PARTIES IN ACCORDANCE WITH EXISTING LAW. Section 11(g)(4) of the Endangered Species Act of 1973 (16 U.S.C. 1540(g)(4)) is amended by striking ``to any'' and all that follows through the end of the sentence and inserting ``to any prevailing party in accordance with section 2412 of title 28, United States Code.''. Passed the House of Representatives July 29, 2014. Attest: KAREN L. HAAS, Clerk.

Endangered Species Transparency and Reasonableness Act - (Sec. 2) Amends the Endangered Species Act of 1973 to require the Secretary of the Interior or the Secretary of Commerce, as appropriate, to make publicly available on the Internet the best scientific and commercial data available that are the basis for the determination of whether a species is an endangered species or a threatened species, including each proposed regulation for the listing of a species. Prohibits the appropriate Secretary from making the information publicly available when: (1) the public disclosure of the information is prohibited by a state law requiring the protection of personal information, and (2) the state requests that the information be withheld. Requires the appropriate Secretary to execute an agreement with the Department of Defense (DOD) that prevents the disclosure of classified information pertaining to DOD personnel, facilities, lands, or waters. (Sec. 3) Requires the appropriate Secretary to: (1) provide to affected states all data that is used as the basis of a determination on whether a species is an endangered species or a threatened species before making a determination; and (2) use data submitted by a state, tribal, or county government in making such a determination. (Sec. 4) Requires the Secretary of the Interior to submit an annual report detailing federal expenditures for civil actions brought under the ESA containing claims that are based on the actions of the Department of the Interior, the Forest Service, the National Marine Fisheries Service, the Bonneville Power Administration, the Western Area Power Administration, the Southwestern Power Administration, or the Southeastern Power Administration. Requires Interior to make the information available online in a searchable database. Requires the report to include the total funds expended to respond to ESA lawsuits, the number of full-time federal employees dedicated to ESA lawsuits, attorneys' fees awarded in the course of ESA lawsuits and settlements, and any federal funding used in bringing a claim under the ESA. (Sec. 5) Replaces the current standard for awarding court costs, including attorney's fees, in citizen suits with the federal judicial code standard for awarding costs to a prevailing party.

Endangered Species Transparency and Reasonableness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Packers and Stockyards Improvement Act of 1996''. SEC 2. LIVESTOCK DEALER TRUST. Title III of the Packers and Stockyards Act, 1921 (7 U.S.C. 201 et seq.), is amended by adding at the end the following: ``SEC. 318. LIVESTOCK DEALER TRUST. ``(a) Findings.--Congress finds that-- ``(1) a burden on and obstruction to commerce in livestock is caused by financing arrangements under which dealers and market agencies purchasing livestock on commission encumber, give lenders security interests in, or have liens placed on livestock purchased by the dealers and market agencies in cash sales, or on receivables from or proceeds of the sales, when payment is not made for the livestock; and ``(2) the carrying out of the arrangements is contrary to the public interest. ``(b) Purpose.--The purpose of this section is to remedy the burden on and obstruction to commerce in livestock described in subsection (a)(1) and protect the public interest. ``(c) Definitions.--In this section: ``(1) Cash sale.--The term `cash sale' means a sale in which the seller does not expressly extend credit to the buyer. ``(2) Trust.--The term `trust' means 1 or more assets of a buyer that (subsequent to a cash sale of livestock) constitute the corpus of a trust held for the benefit of a seller and consist of-- ``(A) accounts receivable and proceeds earned from the cash sale of livestock by a dealer or market agency buying on a commission basis; ``(B) accounts receivable and proceeds of a marketing agency earned on commission from the cash sale of livestock; ``(C) the inventory of the dealer or marketing agency; or ``(D) livestock involved in the cash sale, if the seller has not received payment in full for the livestock and a bona fide third-party purchaser has not purchased the livestock from the dealer or marketing agency. ``(d) Holding in Trust.-- ``(1) In general.--The accounts receivable and proceeds generated in a cash sale made by a dealer or a market agency on commission and the inventory of the dealer or market agency shall be held by the dealer or market agency in trust for the benefit of the seller of the livestock until the seller receives payment in full for the livestock. ``(2) Exemption.--Paragraph (1) does not apply in the case of a cash sale made by a dealer or market agency if the total amount of cash sales made by the dealer or market agency during the preceding 12 months does not exceed $250,000. ``(3) Dishonor of instrument of payment.--A payment in a sale described in paragraph (1) shall not be considered to be made if the instrument by which payment is made is dishonored. ``(4) Loss of benefit of trust.--If an instrument by which payment is made in a sale described in paragraph (1) is dishonored, the seller shall lose the benefit of the trust under paragraph (1) on the earlier of-- ``(A) the date that is 15 business days after the date on which the seller receives notice of the dishonor; or ``(B) the date that is 30 days after the final date for making payment under section 409; unless the seller gives written notice to the dealer or market agency of the seller's intention to preserve the trust and submits a copy of the notice to the Secretary. ``(5) Rights of third-party purchaser.--The trust established under paragraph (1) shall have no effect on the rights of a bona fide third-party purchaser of the livestock, without regard to whether the livestock are delivered to the bona fide purchaser. ``(e) Jurisdiction.--The district courts of the United States shall have jurisdiction in a civil action-- ``(1) by the beneficiary of a trust described in subsection (d)(1), to enforce payment of the amount held in trust; and ``(2) by the Secretary, to prevent and restrain dissipation of a trust described in subsection (d)(1).''. SEC. 3. REPORTS TO SECRETARY. Section 401 of the Packers and Stockyards Act, 1921 (7 U.S.C. 221), is amended-- (1) by striking ``Sec. 401. Every'' and inserting the following: ``SEC. 401. ACCOUNTS AND RECORDS OF BUSINESSES; REPORTS TO SECRETARY. ``(a) Accounts and Records.--Each''; and (2) by adding at the end the following: ``(b) Reports to Secretary.--Each packer, stockyard owner, market agency, and dealer shall report to the Secretary, in a manner determined by the Secretary-- ``(1) the quantity of livestock and livestock products exported from, and imported into, the United States; and ``(2) the price paid for livestock.''. SEC. 4. INCLUSION OF FORMULA-PRICED CATTLE IN DEFINITION OF CAPTIVE SUPPLY. Section 407 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228), is amended by adding at the end the following: ``(e) Inclusion of Formula-Priced Cattle in Definition of Captive Supply.--The Secretary shall include all formula-priced cattle in the definition of captive supply for purposes of collecting data to carry out this Act.''.

Packers and Stockyards Improvement Act of 1996 - Amends the Packers and Stockyards Act, 1921 to provide that a livestock dealer or market agency shall hold the proceeds of a cash sale in trust for the seller until the seller receives full payment. Exempts certain small dealers or market agencies from such provision. States that: (1) a dishonored payment instrument shall not constitute a sale (with resultant loss of trust benefit); (2) third-party purchaser rights shall not be affected by such livestock dealer trust; and (3) jurisdiction for related civil matters shall be in U.S. district courts. Revises certain business recordkeeping requirements, including elimination of fine and imprisonment provisions. Includes formula-priced cattle in the definition of captive supply for data collection purposes.

Packers and Stockyards Improvement Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abandoned Mine Restoration Act of 1999''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Non-federal entities.--The term ``non-Federal entities'' includes nonprofit and private entities. (2) Program.--The term ``program'' means the program authorized under section 3(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Army. SEC. 3. RESTORATION OF ABANDONED MINE SITES PROGRAM. (a) In General.--Subject to the requirements of this section, the Secretary may carry out a program to assist stewards of lands owned by the United States and non-Federal entities to address environmental and water quality problems caused by drainage and related activities from abandoned, inactive, and post-production noncoal mines. The program shall be managed by the head of the Sacramento District Office of the Corps of Engineers. (b) Consultation.--The Secretary shall coordinate actions taken under the program with appropriate Federal, State, and local agencies. Any project conducted under the program on lands owned by the United States shall be undertaken in consultation with the head of the Federal entity with administrative jurisdiction over the lands. (c) Assistance.-- (1) Types of assistance.--In carrying out the program, the Secretary may provide technical, planning, design, restoration, remediation, and construction assistance to Federal and non- Federal entities for the purpose of carrying out projects to address problems described in subsection (a). (2) Requirement for assistance.--The Secretary may only provide assistance for a project under the program, if the Secretary determines that the project-- (A) will improve the quality of the environment and is in the public interest; and (B) is cost-effective. (d) Specific Measures.--Assistance may be provided under the program in support of a Federal or non-Federal project for the following purposes: (1) Response, control, and remediation of hazardous, toxic, and radioactive waste and improvement of the quality of the environment associated with an abandoned, inactive, or post- production noncoal mine, if the Secretary finds that such activities are integral to carrying out the environmental restoration project. (2) Restoration and protection of streams, rivers, wetlands, and other waterbodies and all ecosystems degraded, or with the potential to become degraded, by drainage from an abandoned, inactive, or post-production noncoal mine. (3) Demonstration of treatment technologies, including innovative and alternative technologies, to minimize or eliminate adverse environmental effects associated with an abandoned, inactive, or post-production noncoal mine. (4) Demonstration of management practices to address environmental effects associated with an abandoned, inactive, or post-production noncoal mine. (5) Remediation and restoration of an abandoned, inactive, or post-production noncoal mine site for public health or safety purposes. (6) Expedite the closure, remediation, or restoration of an abandoned, inactive, or post-production noncoal mine to minimize adverse impacts to the environment. (e) Cost-Sharing.-- (1) In general.--Except as provided by paragraph (2), the Federal share of the cost of a project carried out under the program shall be 65 percent of such cost. (2) Projects on federal lands.--With respect to projects carried out under the program on Federal lands, the Federal share of the cost of the project shall be 100 percent of such cost. (f) Credits.--For purposes of subsection (e), a non-Federal entity shall receive credit toward the non-Federal share of the cost of a project-- (1) for all lands, easements, rights-of-way, and relocations, but not to exceed 25 percent of total project cost; (2) for design and construction services and other in-kind work; (3) for grants and the value, as determined by the Secretary, of work performed on behalf of the non-Federal entity by State and local agencies; and (4) for such costs as are incurred by the non-Federal entity in carrying out studies and any preconstruction, engineering, or design activities required for any construction to be conducted under the project, if the Secretary determines that such activities are integral to the project. (g) Grants and Reimbursements.-- (1) Grants.--The Federal share of the cost of a project under the program may be provided in the form of grants to the non-Federal entity or direct reimbursements to the non-Federal entity of project costs. (2) Reimbursements.--Subject to the availability of appropriations, the Secretary may reimburse a non-Federal interest an amount equal to the estimate of the Federal share, without interest, of the cost of any work (including work associated with studies, planning, design, and construction) carried out by the non-Federal entity otherwise made eligible for non-Federal assistance under this section. (3) Reimbursements for construction work.--Reimbursements for construction work by a non-Federal entity as part of a project under the program may be made only-- (A) if, before initiation of construction of the project, the Secretary approves the plans for construction of the project by the non-Federal entity; (B) if the Secretary finds, after a review of studies and design documents prepared pursuant to this section, that construction of the project meets the requirements in subsection (d); and (C) if the Secretary determines that the work for which reimbursement is requested has been performed in accordance with applicable permits and approved plans. (h) Operation and Maintenance.--The non-Federal share of operation and maintenance costs for a project carried out under the program shall be 100 percent, except that, in the case of a project undertaken on Federal lands, the Federal agency with management responsibility for the lands shall be responsible for all operation and maintenance costs. (i) Effect on Authority of Secretary of the Interior.--Nothing in this section shall affect the authority of the Secretary of the Interior under the Mining Law of 1872 or title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.). (j) Cost Limitation.--Not more than $10,000,000 of the amounts appropriated to carry out this section may be allotted for projects in a single locality, but the Secretary may accept funds voluntarily contributed by the non-Federal or Federal entity for the purpose of expanding the scope of the services requested by the non-Federal or Federal entity. (k) Limitation on Actions.--Notwithstanding any other provision of law, the Secretary or any State or political subdivision (including any local district) which has implemented or will implement any remedial action which is consistent with a State and Environmental Protection Agency approved remediation plan, and any State approved modification thereof, at an abandoned mine site and adjacent lands to provide water quality protection, shall not be treated, based on actions taken consistent with the plan, to be-- (1) the owner or operator of the site, or arranger or transporter for disposal; (2) responsible for any discharge or release of pollutants, contaminants, or hazardous substances on or from the abandoned mine site or adjacent lands, including discharges or releases which have been affected by the activities of the remedial action; or (3) subject to any enforcement action pursuant to Federal law, except for violations involving gross negligence. In this subsection, the term ``gross negligence'' means reckless, willful, or wanton misconduct. (l) Western Universities Mine-Land Reclamation and Restoration Consortium.--The Secretary may provide assistance to the Western Universities Mine-Land Reclamation and Restoration Consortium, which includes the University of Nevada, the New Mexico Institute of Mining and Technology, the University of Idaho, and the University of Alaska, for the purposes of carrying out the purposes of the program. (m) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $45,000,000 for fiscal years beginning after September 30, 1999.

Permits the Secretary to provide technical, planning, design, restoration, remediation, and construction assistance to Federal and non-Federal entities for carrying out projects to address such environmental and water quality problems, but only if the Secretary determines that such a project will improve environmental quality, is in the public interest, and is cost-effective. Requires that the Federal share of the cost of a project to be 100 percent for projects carried out on Federal land and 65 percent for other projects. Sets forth provisions governing Federal cost share credits and reimbursements to non-Federal entities for project resources, services, and work. Requires that the non-Federal share of operation and maintenance costs for a project to be 100 percent, except that in the case of a project undertaken on Federal lands, the Federal agency with management responsibility for the lands shall be responsible for all operation and maintenance costs. Prohibits more than $10 million from being allotted for projects in a single locality, but permits the Secretary to accept funds voluntarily contributed by the non-Federal or Federal entity for expanding the scope of services requested. Prohibits the Secretary or any State or political subdivision which implements any remedial action which is consistent with a State and Environmental Protection Agency approved remediation plan at an abandoned mine site and adjacent lands to provide water quality protection from being treated, based on actions taken consistent with the plan, as being: (1) the site owner or operator or the arranger or transporter for disposal; (2) responsible for any discharge or release of pollutants, contaminants, or hazardous substances on or from the abandoned mine site or adjacent lands; or (3) subject to any enforcement action pursuant to Federal law, except for violations involving gross negligence. Authorizes the Secretary to provide assistance to the Western Universities Mine-Land Reclamation and Restoration Consortium for carrying out the purposes of the program. Authorizes appropriations.

Abandoned Mine Restoration Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interagency Council on Homelessness Reform Act of 2009''. SEC. 2. MISSION. Section 201 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11311) is amended by inserting before the period at the end the following ``whose mission shall be to coordinate the Federal response to homelessness and to create a national partnership at every level of government and with the private sector to reduce and end homelessness in the Nation while maximizing the effectiveness of the Federal Government in contributing to the end of homelessness''. SEC. 3. MEMBERS. Subsection (a) of section 202 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11312(a)) is amended-- (1) by redesignating paragraph (16) as paragraph (19); and (2) by inserting after paragraph (15) the following: ``(16) The Commissioner of Social Security, or the designee of the Commissioner. ``(17) The Attorney General of the United States, or the designee of the Attorney General. ``(18) The Director of the Office of Management and Budget, or the designee of the Director.''. SEC. 4. MEETINGS. Subsection (c) of section 202 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11312(c)) is amended by striking ``annually'' and inserting ``four times each year, and the rotation of the positions of Chairperson and Vice Chairperson required under subsection (b) shall occur at the first meeting of each year''. SEC. 5. EXECUTIVE DIRECTOR. (a) Senate Confirmation.--Subsection (a) of section 204 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11314(a)) is amended-- (1) by striking ``The Council shall appoint an Executive Director'' and inserting ``The President shall appoint an Executive Director, with the advice and consent of the Senate, who shall serve at the pleasure of the President, and''; (2) by striking the last sentence. (b) Reporting to Director of Domestic Policy Council.--Section 202 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11312) is amended by adding at the end the following new subsection: ``(e) Administration.--The Executive Director of the Council shall report to the Director of Domestic Policy Council.''. SEC. 6. DUTIES. Section 203 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11313) is amended---- (1) in subsection (a)-- (A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), (10), (11), and (12), respectively; (B) by inserting before paragraph (2), as so redesignated by paragraph (1), the following: ``(1) not later than the expiration of the 12-month period beginning upon the date of the enactment of the Interagency Council on Homelessness Reform Act of 2009, develop, make available for public comment, and submit to the President and to the Congress a national plan to end homelessness for all Americans, setting forth actions to accomplish such goal, and update such plan every 2 years;''; (C) in paragraph (3), as so redesignated by subparagraph (A) of this paragraph, by inserting before the semicolon at the end the following: ``and ensure that related programs and activities to assist homeless individuals of Federal agencies are coordinated with each other''; and (D) by inserting after paragraph (5), as so redesignated by subparagraph (A) of this paragraph, the following: ``(6) develop constructive alternatives to criminalizing homelessness and eliminate laws and policies that prohibit sleeping, feeding, sitting, resting, or lying in public spaces when there are no suitable alternatives, result in the destruction of a homeless person's property without due process, or are selectively enforced against homeless persons; ``(7) makes recommendations, in the reports submitted pursuant to subsection (b) on-- ``(A) long-term goals for the Congress to reduce homelessness; and ``(B) legislative strategies for the Congress to achieve such goals; ``(8) evaluate the Federal role in interacting and coordinating with State and local entities that address homelessness; ``(9) conduct research and develop methods-- ``(A) through consultation with State and local agencies, to improve coordination between the Council and Federal agencies in existence upon the date of enactment of the Interagency Council on Homelessness Reform Act of 2009 that specifically deal with homelessness; and ``(B) to minimize the period during which individuals remain homeless;''; and (2) in subsection (b), by adding at the end the following new paragraphs: ``(3) Biennial report.--The Council shall prepare and transmit to the President and the Congress a biennial report detailing the efforts of the Council to address homelessness. ``(4) Public availability.--The Council shall make each report submitted to the Congress pursuant to this paragraph, or paragraph (2) or (3) of this subsection, and the national plan and updates of such plan submitted pursuant to paragraph (1) of subsection (a), publicly available, including through posting on a World Wide Web site maintained by the Council.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. The McKinney-Vento Homeless Assistance Act is amended by striking section 208 (42 U.S.C. 11318) and inserting the following: ``SEC. 208. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title $3,000,000 for fiscal year 2009 and such sums as may be necessary for each of fiscal years 2010 through 2015. Any amounts appropriated to carry out this title shall remain available until expended.''.

Interagency Council on Homelessness Reform Act of 2009 - Amends the McKinney-Vento Homeless Assistance Act to declare that the mission of the U.S. Interagency Council on Homelessness is to: (1) coordinate the federal response to homelessness; and (2) create a national partnership at every level of government and with the private sector to reduce and end homelessness in the nation while maximizing the effectiveness of federal contributions to end homelessness. Adds to the membership of such Council the Commissioner of Social Security, the U.S. Attorney General, and the Director of the Office of Management and Budget (OMB), or their respective designees. Requires: (1) the Council to meet quarterly (currently, annually); and (2) rotation of the position of Chairperson and Vice Chairperson at the first meeting of each year. Requires the President (currently, the Council) to appoint an Executive Director of the Council, with the advice and consent of the Senate, to serve at the pleasure of the President Directs the Council to develop, make available for public comment, and submit to the President and Congress a biennial national plan to end homelessness for all Americans. Requires the Council to: (1) develop constructive alternatives to criminalizing homelessness and eliminate laws and policies that prohibit sleeping, feeding, sitting, resting, or lying in public spaces when there are no suitable alternatives; (2) evaluate the federal role in interacting and coordinating with state and local entities that address homelessness; and (3) conduct research and develop methods to improve pre-existing coordination between it and federal agencies.

To reform the United States Interagency Council on Homelessness.

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2016, and for other purposes, namely: TITLE I DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention cdc-wide activities and program support (including transfer of funds) For an additional amount for ``CDC-Wide Activities and Program Support'', $170,000,000, which shall become available upon enactment of this Act and remain available until September 30, 2016, to prevent, prepare for, and respond to Zika virus, domestically and internationally: Provided, That products purchased with such funds may, at the discretion of the Secretary of Health and Human Services, be deposited in the Strategic National Stockpile under section 319F-2 of the Public Health Service (``PHS'') Act: Provided further, That such funds may be used for purchase and insurance of official motor vehicles in foreign countries: Provided further, That the provisions of section 317S of the PHS Act shall apply to the use of funds appropriated in this paragraph as determined by the Director of the Centers for Disease Control and Prevention (``CDC'') to be appropriate: Provided further, That funds appropriated in this paragraph may be transferred by the Director of CDC to other accounts of the CDC for the purposes provided in this paragraph: Provided further, That of the funds appropriated under this heading, up to $50,000,000 may be transferred to, and merged with, funds appropriated under the heading ``Health Resources and Services Administration--Maternal and Child Health'' for an additional amount for the Maternal and Child Health Services Block Grant Program only for the following activities related to patient care associated with the Zika virus: prenatal care, delivery care, postpartum care, newborn health assessments, and care for infants with special health care needs: Provided further, That such transfer authority is in addition to any other transfer authority provided by law: Provided further, That such transferred funds may be awarded notwithstanding section 502 of the Social Security Act: Provided further, That such transferred funds may be awarded for special projects of regional and national significance to States, Puerto Rico, other Territories, Indian Tribes, Tribal Organizations and Urban Indian Organizations authorized under title V of such Act: Provided further, That no funding provided by a grant from funds in the fifth proviso may be used to make a grant to any other organization or individual. National Institutes of Health national institute of allergy and infectious diseases (including transfer of funds) For an additional amount for ``National Institute of Allergy and Infectious Diseases'', $230,000,000, which shall become available upon enactment of this Act and remain available until September 30, 2016, for preclinical and clinical development of vaccines for the Zika virus: Provided, That such funds may be transferred by the Director of the National Institutes of Health (``NIH'') to other accounts of the NIH for the purposes provided in this paragraph: Provided further, That such transfer authority is in addition to any other transfer authority provided by law: Provided further, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that such amount shall be available only if the President subsequently so designates such amount and transmits such designation to the Congress. Office of the Secretary public health and social services emergency fund (including transfer of funds) For an additional amount for ``Public Health and Social Services Emergency Fund'', $103,000,000, which shall become available upon enactment of this Act and remain available until September 30, 2016, to develop necessary countermeasures and vaccines, including the development and purchase of vaccines, therapeutics, diagnostics, necessary medical supplies, and administrative activities to respond to Zika virus, domestically and internationally: Provided, That funds appropriated in this paragraph may be used to procure security countermeasures (as defined in section 319F-2(c)(1)(B) of the PHS Act): Provided further, That paragraphs (1) and (7)(C) of subsection (c) of section 319F-2 of the PHS Act, but no other provisions of such section, shall apply to such security countermeasures procured with funds appropriated in this paragraph: Provided further, That products purchased with funds appropriated in this paragraph may, at the discretion of the Secretary of Health and Human Services, be deposited in the Strategic National Stockpile under section 319F-2 of the PHS Act: Provided further, That funds appropriated in this paragraph may be transferred to the fund authorized by section 319F-4 of the PHS Act: Provided further, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that such amount shall be available only if the President subsequently so designates such amount and transmits such designation to the Congress. GENERAL PROVISIONS--THIS TITLE notification requirement Sec. 101. Funds appropriated by this title shall only be available for obligation if the Secretary of Health and Human Services notifies the Committees on Appropriations in writing at least 15 days in advance of such obligation: Provided, That the requirement of this section may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided further, That in case of any such waiver, notification to such Committees shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable: Provided further, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances. reporting requirement Sec. 102. Not later than 30 days after enactment of this Act the Secretary of Health and Human Services shall submit to the Committees on Appropriations a consolidated report on the proposed uses of funds appropriated by this title for which the obligation of funds is anticipated: Provided, That such report shall be updated and submitted to such Committees every 30 days until all funds have been fully expended. oversight Sec. 103. Of the funds appropriated by this title under the heading ``Centers for Disease Control and Prevention'', up to-- (1) $500,000 shall be transferred to, and merged with, funds available under the heading ``Office of Inspector General'', and shall remain available until expended, for oversight of activities supported with funds appropriated by this title: Provided, That the transfer authority provided by this paragraph is in addition to any other transfer authority provided by law; and (2) $500,000 shall be made available to the Comptroller General of the United States, and shall remain available until expended, for oversight of activities supported with funds appropriated by the title: Provided, That the Secretary of Health and Human Services shall consult with the Committees on Appropriations prior to obligating such funds. TITLE II DEPARTMENT OF STATE Administration of Foreign Affairs diplomatic and consular programs For an additional amount for ``Diplomatic and Consular Programs'', $9,100,000, which shall become available upon enactment of this Act and remain available until September 30, 2016, for necessary expenses to support the cost of medical evacuations and other response efforts related to the Zika virus and health conditions directly associated with the Zika virus: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that such amount shall be available only if the President subsequently so designates such amount and transmits such designation to the Congress. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT Funds Appropriated to the President operating expenses For an additional amount for ``Operating Expenses'', $10,000,000, which shall become available upon enactment of this Act and remain available until September 30, 2016, for necessary expenses to support response efforts related to the Zika virus and health conditions directly associated with the Zika virus: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that such amount shall be available only if the President subsequently so designates such amount and transmits such designation to the Congress. BILATERAL ECONOMIC ASSISTANCE Funds Appropriated to the President global health programs For an additional amount for ``Global Health Programs'', $100,000,000, which shall become available upon enactment of this Act and remain available until September 30, 2016, for vector control activities to prevent, prepare for, and respond to the Zika virus internationally. GENERAL PROVISIONS--THIS TITLE transfer authorities (including transfer of funds) Sec. 201. (a) Of the funds appropriated by this title under the heading ``Diplomatic and Consular Programs'', up to-- (1) $1,350,000 may be made available for medical evacuation costs of any other department or agency of the United States under Chief of Mission authority and may be transferred to any other appropriation of such department or agency for such costs; and (2) $1,000,000 may be transferred to, and merged with, funds available under the heading ``Emergencies in the Diplomatic and Consular Service''. (b) The transfer authorities provided by this section are in addition to any other transfer authority provided by law. (c) Any amount transferred pursuant to this section is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that such amount shall be available only if the President subsequently so designates such amount and transmits such designation to Congress. (d) Upon a determination that all or part of the funds transferred pursuant to the authorities provided by this section are not necessary for such purposes, such amounts may be transferred back to such appropriation. notification requirement Sec. 202. Funds appropriated by this title shall only be available for obligation if the Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, notifies the Committees on Appropriations in writing at least 15 days in advance of such obligation: Provided, That the requirement of this section may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided further, That in case of any such waiver, notification to such Committees shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable: Provided further, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances. reporting requirement Sec. 203. Not later than 30 days after enactment of this Act the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the Committees on Appropriations a consolidated report on the proposed uses of funds appropriated by this title for which the obligation of funds is anticipated: Provided, That such report shall be updated and submitted to such Committees every 30 days until all funds have been fully expended. oversight Sec. 204. Of the funds appropriated by this title under the heading ``Global Health Programs'', up to-- (1) $500,000 shall be transferred to, and merged with, funds available under the heading ``United States Agency for International Development, Funds Appropriated to the President, Office of Inspector General'', and shall remain available until expended, for oversight of activities supported with funds appropriated by this title: Provided, That the transfer authority provided by this paragraph is in addition to any other transfer authority provided by law; and (2) $500,000 shall be made available to the Comptroller General of the United States, and shall remain available until expended, for oversight of activities supported with funds appropriated by this title: Provided, That the Secretary of State and the Comptroller General shall consult with the Committees on Appropriations prior to obligating such funds. TITLE III GENERAL PROVISIONS--THIS ACT (including rescissions of funds) Sec. 301. (a) Of the unobligated balances of amounts appropriated under title VI of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2015 (division G of Public Law 113-235) and title IX of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113-235), $352,100,000 are rescinded: Provided, That after consultation with the Secretary of State and the Secretary of Health and Human Services, the Director of the Office of Management and Budget (OMB Director) shall determine the accounts and amounts from which the rescission is to be derived and apply the rescission made pursuant to this subsection: Provided further, That not later than 30 days after enactment of this Act, the OMB Director shall transmit a report to the Committees on Appropriations detailing the amounts rescinded pursuant to this section by agency, account, program, project, and activity. (b) Of the unobligated balances available in the Nonrecurring expenses fund established in section 223 of division G of Public Law 110-161 (42 U.S.C. 3514a) from any fiscal year, including amounts transferred to the Nonrecurring expenses fund under that section before, on, or after the date of enactment of this Act, $270,000,000 are rescinded. Sec. 302. Unless otherwise provided for by this Act, the additional amounts appropriated pursuant to this Act for fiscal year 2016 are subject to the requirements for funds contained in the Consolidated Appropriations Act, 2016 (Public Law 114-113). This Act may be cited as the ``Zika Response Appropriations Act, 2016''. Passed the House of Representatives May 18, 2016. Attest: KAREN L. HAAS, Clerk.

. Highlights: This bill provides FY2016 supplemental appropriations to the Departments of Health and Human Services (HHS) and State to respond to the Zika virus. The bill also rescinds unobligated balances of prior appropriations. The bill permits the funds to be used for the duration of FY2016, designates specified funds as emergency requirements, and sets forth congressional reporting and notification requirements. Full Summary: Zika Response Appropriations Act, 2016 TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES Provides appropriations to HHS for: the Centers for Disease Control and Prevention to prevent, prepare for, and respond to the Zika virus, domestically and internationally; the National Institutes of Health for the preclinical and clinical development of vaccines for the Zika virus; and the Public Health and Social Services Emergency Fund within the Office of the Secretary to develop necessary countermeasures and vaccines to respond to the Zika virus, domestically and internationally. (Sec. 101) Requires HHS to notify Congress at least 15 days in advance of obligating the funds provided by this title. Permits a waiver for a substantial risk to human health or welfare. (Sec. 102) Requires HHS to report monthly to Congress on the proposed uses of funds provided by this title. (Sec. 103) Provides funding to the HHS Office of Inspector General and the Government Accountability Office (GAO) for the oversight of activities funded by this title. TITLE II--DEPARTMENT OF STATE Provides appropriations to the State Department for the Administration of Foreign Affairs, the United States Agency for International Development (USAID), and Bilateral Economic Assistance, including funds for: Diplomatic and Consular Programs for medical evacuations and other response efforts related to the Zika virus and directly associated health conditions; USAID response efforts related to the Zika virus and directly associated health conditions; and Global Health Programs for mosquito control (vector control) efforts to prevent, prepare for, and respond to the Zika virus internationally. (Sec. 201) Permits specified funds provided by this bill for Diplomatic and Consular Programs to be: (1) used for medical evacuation costs of any U.S. department or agency under Chief of Mission authority, and (2) transferred and merged with funds available for Emergencies in the Diplomatic and Consular Service. (Sec. 202) Requires the State Department or the USAID to notify Congress at least 15 days in advance of obligating the funds provided by this title. Permits a waiver for a substantial risk to human health or welfare. (Sec. 203) Requires the State Department, in consultation with the USAID, to report monthly to Congress on the proposed uses of funds provided by this title. (Sec. 204) Provides funding to the USAID Office of Inspector General and the GAO for the oversight of activities funded by this title. TITLE III--GENERAL PROVISIONS--THIS ACT (Sec. 301) Rescinds specified unobligated balances of funds that were previously provided to HHS and the State Department for the Ebola outbreak and to HHS for the Nonrecurring Expenses Fund. (Sec. 302) Specifies that, unless otherwise indicated in this bill, the funds provided by this bill are subject to the requirements contained in the Consolidated Appropriations Act, 2016.

Zika Response Appropriations Act, 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Health Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Approximately \1/2\ of all childhood deaths each year in developing nations, or 4,900,000 childhood deaths, are caused by pneumonia, diarrheal diseases, malaria, or measles. Every day approximately 13,500 children in developing nations die from such conditions. (2) Despite progress in making family planning services available, more than 150,000,000 married women in developing nations still want to space or limit child bearing, but do not have access to modern contraceptives. (3) According to the World Health Organization, approximately 500,000 women die each year from complications of pregnancy and childbirth, and more than 50,000,000 women suffer from acute pregnancy-related health conditions that can be permanently disabling. (4) According to the World Health Organization, 13,000,000 people die annually from infectious diseases, most of which are preventable or curable, and 6 diseases account for 90 percent of these deaths: pneumonia, diarrheal diseases, measles, tuberculosis, malaria, and HIV/AIDS. (5) HIV/AIDS has become the world's leading infectious disease threat, with 36,100,000 people infected worldwide, and more than 15,000 new infections daily, of which more than 6,000 cases occur in people between the ages of 15 and 24. SEC. 3. ASSISTANCE TO IMPROVE GLOBAL HEALTH. (a) Emphasis on Disease Surveillance and Prevention and Response to Disease Outbreaks.--Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) is amended by adding at the end the following: ``(8) Congress recognizes the growing threat that infectious diseases and other global health problems pose to Americans and people everywhere. Accordingly, activities supported under this subsection shall include activities to improve the capacity of developing nations to conduct disease surveillance and prevention programs and to respond promptly and effectively to disease outbreaks.''. (b) Increase in USAID Assistance for FY 2002 and Subsequent Fiscal Years.-- (1) Authorization of appropriations.--To carry out the purposes of section 104 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b) for fiscal year 2002 and for each subsequent fiscal year, there are authorized to be appropriated, in addition to funds otherwise available for such purposes, the following amounts for the following purposes: (A) The amount equal to the aggregate of amounts made available for the immediately preceding fiscal year to carry out that section with respect to the health and survival of children, the health and nutrition of pregnant women and mothers, voluntary family planning, combating HIV/AIDS, and the prevention and control of infectious diseases other than HIV/AIDS, to be used for such purposes. (B) $1,000,000,000, to be available in accordance with paragraph (2). (2) Allocation of funds.--Of the amount authorized to be appropriated in paragraph (1)(B)-- (A) $275,000,000 should be available for combating HIV/AIDS; (B) $225,000,000 should be available for the health and survival of children; (C) $200,000,000 should be available for the prevention and control of infectious diseases other than HIV/AIDS; (D) $200,000,000 should be available for voluntary family planning; and (E) $100,000,000 should be available for the health and nutrition of pregnant women and mothers. (3) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. (c) Coordination Among Federal Departments and Agencies.--It is the sense of Congress that the President, acting through the Administrator of the United States Agency for International Development, should coordinate with the Centers for Disease Control and Prevention, the National Institutes of Health, the Department of State, the Department of Health and Human Services, the Department of Defense, and other appropriate Federal departments and agencies to ensure that United States funds made available to carry out section 104 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b) are utilized effectively. SEC. 4. DEFINITION. In this Act, the term ``HIV/AIDS'' means infection with the human immunodeficiency virus. Such term includes the acquired immune deficiency syndrome.

Global Health Act of 2001 - Amends the Foreign Assistance Act of 1961 to mandate that activities supported in connection with health programs include activities to improve the capacity of developing nations to conduct disease surveillance and prevention programs, and to respond promptly and effectively to disease outbreaks. Authorizes additional appropriations for FY 2002 and for each subsequent fiscal year for specified allocations, including the health and nutrition of children and pregnant women and mothers, voluntary family planning, and the prevention and control of HIV/AIDS and other infectious diseases.Expresses the sense of Congress that the President, acting through the Administrator of the United States Agency for International Development, should coordinate with specified Federal departments and agencies to ensure that U.S. funds available for population planning and health programs in developing nations are used effectively.

To improve global health by increasing assistance to developing nations with high levels of infectious disease and premature death, by improving children's and women's health and nutrition, by reducing unintended pregnancies, and by combating the spread of infectious diseases, particularly HIV/AIDS, and for other purposes.

SECTION 1. FINDINGS. Congress finds the following: (1) On May 16, 2008, Secretary of State Condoleezza Rice and Minister of Foreign Affairs of the Kingdom of Saudi Arabia Saud al-Faisal bin Abdulaziz al-Saud signed a Memorandum of Understanding between the Government of the United States of America and the Government of the Kingdom of Saudi Arabia Concerning Cooperation in Nuclear Energy and Other Energy Fields. (2) This Memorandum of Understanding declared an intent to cooperate in developing ``appropriately-sized light water reactors and fuel service arrangements for the Kingdom of Saudi Arabia'' as well as ``civilian nuclear energy training, infrastructure and human resource development''. (3) Saudi Arabia possesses vast energy resources, including the world's largest proven reserves of oil. (4) Saudi Arabia has invested heavily in a national natural gas distribution pipeline which will serve as the backbone of Saudi Arabia's national electricity generation system for decades to come. (5) Questions about the need for oil-rich nations in the Middle East to acquire the equipment and expertise to generate nuclear power have been raised in the past, notably in 2004, when Vice President Dick Cheney said, ``[Iran is] already sitting on an awful lot of oil and gas. No one can figure out why they need nuclear, as well, to generate energy''. (6) Saudi Arabia possesses even greater petroleum resources than does Iran. (7) The development of nuclear energy technologies by the Kingdom of Saudi Arabia does not appear to have a compelling economic rationale, particularly because Saudi Arabia has additional indigenous energy advantages besides petroleum reserves, such as an average of more than 300 days of exposure to full sunlight every year, giving it a rich solar electricity generation potential. (8) The proliferation of nuclear technology in the Middle East will increase that region's instability, and prevent the establishment of a durable and lasting security framework. SEC. 2. SENSE OF CONGRESS. Congress-- (1) affirms the strong and historic ties between the Government of the United States of America and the Government of the Kingdom of Saudi Arabia; (2) disapproves of the Memorandum of Understanding between the Government of the United States of America and the Government of the Kingdom of Saudi Arabia Concerning Cooperation in Nuclear Energy and Other Energy Fields signed by Secretary of State Condoleezza Rice and Minister of Foreign Affairs of the Kingdom of Saudi Arabia Saud al-Faisal bin Abdulaziz al-Saud on May 16, 2008, at Riyadh; (3) encourages the Government of the United States of America and the Government of the Kingdom of Saudi Arabia to enter into full cooperation in the development of renewable energy sources in Saudi Arabia, including a solar energy program that takes advantage of that country's strong solar energy potential; and (4) reiterates that the United States is committed to the nonproliferation of nuclear weapons and to preventing the acquisition of nuclear weapons by the Islamic Republic of Iran. SEC. 3. RESTRICTION ON NUCLEAR COOPERATION WITH THE KINGDOM OF SAUDI ARABIA. (a) Restriction on Nuclear Cooperation Agreement.--Notwithstanding any other provision of law or any international agreement, no agreement for cooperation between the United States of America and the Kingdom of Saudi Arabia pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) may enter into force on or after the date of the enactment of this Act. (b) Restriction on Exports of Nuclear Materials, Equipment, or Technology.--Notwithstanding any other provision of law, including specifically section 121 of the Atomic Energy Act of 1954 (42 U.S.C. 2151), no nuclear materials and equipment or sensitive nuclear technology, including items and assistance authorized by section 57 b. of such Act (42 U.S.C. 2077(b)) and regulated under part 810 of title 10, Code of Federal Regulations, and nuclear-related items on the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations, shall be exported or reexported, or transferred or retransferred, whether directly or indirectly, and no Federal agency shall issue any license, approval, or authorization for the export or reexport, or transfer or retransfer, whether directly or indirectly, of these items or assistance (as defined in this subsection) to the Kingdom of Saudi Arabia if the end user is a nuclear production or utilization facility, or if the President determines that the material, equipment, technology, or item may be diverted for use in such a facility.

Affirms the strong and historic ties between the United States and the Kingdom of Saudi Arabia. Disapproves of the May 2008 Memorandum of Understanding between the government of the United States of America and the government of the Kingdom of Saudi Arabia Concerning Cooperation in Nuclear Energy and Other Energy Fields. Reiterates that the United States is committed to nuclear weapons nonproliferation and to preventing the Islamic Republic of Iran's acquisition of nuclear weapons. States that: (1) no agreement for nuclear cooperation between the United States and the Kingdom of Saudi Arabia may enter into force on or after the date of the enactment of this Act; and (2) no nuclear materials and equipment or sensitive nuclear technology shall be exported or reexported, or transferred or retransferred, and no federal agency shall issue any license or authorization for the export or reexport, or transfer or retransfer of these items or assistance to the Kingdom of Saudi Arabia if the end user is a nuclear production or utilization facility, or if the President determines that the material, equipment, technology, or item may be diverted to such a facility.

To restrict nuclear cooperation with the Kingdom of Saudi Arabia.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``American-Made Energy Freedom Act of 2006''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--TAX INCENTIVES FOR CELLULOSIC BIOMASS ETHANOL, SOLAR AND FUEL CELL PROPERTY, AND CERTAIN LIQUID FUEL DERIVED FROM COAL Sec. 101. Increased tax credits for cellulosic biomass ethanol. Sec. 102. Extension of energy credit for solar and fuel cell property. Sec. 103. Extension and modification of credit for residential energy efficient property. Sec. 104. Extension and modification of excise tax credits for certain liquid fuel derived from coal. TITLE II--AMERICAN-MADE ENERGY TRUST FUND Sec. 201. Establishment of American-Made Energy Trust Fund. TITLE III--DEVELOPMENT OF OIL AND GAS RESOURCES OF THE COASTAL PLAIN OF ALASKA Sec. 301. Definitions. Sec. 302. Leasing program for lands within the Coastal Plain. Sec. 303. Lease sales. Sec. 304. Grant of leases by the Secretary. Sec. 305. Lease terms and conditions. Sec. 306. Coastal plain environmental protection. Sec. 307. Expedited judicial review. Sec. 308. Federal and State distribution of revenues. Sec. 309. Rights-of-way across the Coastal Plain. Sec. 310. Conveyance. Sec. 311. Local government impact aid and community service assistance. TITLE I--TAX INCENTIVES FOR CELLULOSIC BIOMASS ETHANOL, SOLAR AND FUEL CELL PROPERTY, AND CERTAIN LIQUID FUEL DERIVED FROM COAL SEC. 101. INCREASED TAX CREDITS FOR CELLULOSIC BIOMASS ETHANOL. (a) Income Tax Credit.-- (1) In general.--Section 40 of the Internal Revenue Code of 1986 (relating to alcohol used as fuel) is amended by adding at the end the following new subsection: ``(i) Increased Credit for Cellulosic Biomass Ethanol.-- ``(1) In general.--In the case of cellulosic biomass ethanol-- ``(A) subsection (h) shall not apply, ``(B) if such ethanol has a proof of at least 150 but less than 190-- ``(i) subsection (b)(3) shall not apply, and ``(ii) subsections (b)(1)(A), (b)(2)(A), (d)(3)(A), and (d)(3)(B) shall each be applied by substituting `the low-proof cellulosic ethanol amount' for `60 cents', and ``(C) if such alcohol has a proof of at least 190, subsections (b)(1)(A), (b)(2)(A), (d)(3)(A), and (d)(3)(B) shall each be applied by substituting `the cellulosic ethanol amount' for `60 cents'. ``(2) Limitations.-- ``(A) Overall dollar limitation.--Paragraph (1) shall not apply to any cellulosic biomass ethanol which is sold or used after the date on which the Secretary certifies that, in the estimation of the Secretary, more than $1,250,000,000 has been allowed, in the aggregate, as a credit under this section with respect to cellulosic biomass ethanol taken into account under this subsection and subsection (c). ``(B) Per taxpayer maximum.-- ``(i) In general.--With respect to any taxpayer, paragraph (1) shall only apply to the first 25,000,000 gallons of cellulosic biomass ethanol sold or used by the taxpayer during any calendar year. ``(ii) Termination of taxpayer maximum.-- Clause (i) shall not apply with respect to any calendar year after the first calendar year with respect to which the Secretary certifies that, in the estimation of the Secretary, at least 10 taxpayers sell or use cellulosic biomass ethanol to which paragraph (1) applies. ``(C) Per taxpayer minimum.--With respect to any taxpayer, paragraph (1) shall not apply to any cellulosic biomass ethanol sold or used by the taxpayer during any calendar year unless the aggregate amount of cellulosic biomass ethanol sold or used by such taxpayer during such calendar year exceeds 5,000,000 gallons. ``(3) Cellulosic ethanol amount; low-proof cellulosic ethanol amount.-- ``(A) In general.--The terms `cellulosic ethanol amount' and `low-proof cellulosic ethanol amount' mean $1.25 and $1.10, respectively. ``(B) Phase-out based on price of oil.-- ``(i) In general.--The $1.25 and $1.10 amounts contained in subparagraph (A) shall each be reduced (but not below $0.51 and $0.3778, respectively) by an amount which bears the same ratio to the amount so contained in subparagraph (A) (as so increased) as-- ``(I) the amount (if any) by which the price of a barrel of crude oil exceeds $40, bears to ``(II) $71. ``(ii) Determination by secretary.--The price of a barrel of crude oil shall be determined periodically by the Secretary under such methodology as the Secretary determines appropriate. The price determined under this clause and the reduction required by clause (i) shall apply with respect to cellulosic biomass ethanol sold or used during the period with respect to which such determination relates. ``(C) Inflation adjustment of phase-out based on price of oil.--In the case of any period beginning in a calendar year after 2007, the dollar amounts contained in subclauses (I) and (II) of subparagraph (B)(i) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $1. ``(4) Cellulosic biomass ethanol.--The term `cellulosic biomass ethanol' means ethanol produced by enzymatic hydrolysis of any lignocellulosic or hemicellulosic feedstock that is available on a renewable or recurring basis, including agricultural residues, agricultural fibers, dedicated energy crops, grasses, plants, and wood and wood residues. ``(5) Application of aggregation, etc., rules.--Rules similar to the rules of paragraphs (2), (3), and (4) of subsection (g) shall apply for purposes of the limitations under subparagraphs (B) and (C) of paragraph (2).''. (2) Termination.--Subsection (e) of section 40 of such Code (relating to termination) is amended-- (A) by redesignating paragraph (2) as paragraph (3), (B) by inserting after paragraph (1) the following new paragraph: ``(2) Cellulosic biomass ethanol.--In the case of cellulosic biomass ethanol with respect to which subsection (i)(1) applies-- ``(A) paragraph (1) shall not apply, and ``(B) this section shall not apply to any sale or use of such ethanol for any period after the earlier of the date on which the Secretary makes the certification described in subsection (i)(2)(A) or December 31, 2023.'', and (C) by inserting ``or (2)'' after ``paragraph (1)'' in paragraph (3) (as redesignated by this paragraph). (b) Excise Tax Credit.-- (1) In general.--Paragraph (2) of section 6426(b) of the Internal Revenue Code of 1986 (relating to applicable amount) is amended-- (A) by adding at the end the following new subparagraph: ``(C) Cellulosic biomass ethanol.--In the case of cellulosic biomass ethanol to which section 40(i)(1) applies or to which such section would apply but for subsections (c) and (e) of section 40, the applicable amount is the cellulosic ethanol amount (as defined in section 40(i)(3)).'', and (B) by striking ``subparagraph (B)'' in subparagraph (A) and inserting ``subparagraphs (B) or (C)''. (2) Termination.--Paragraph (5) of section 6426(b) of such Code (relating to termination) is amended to read as follows: ``(5) Termination.-- ``(A) In general.--Except as provided in subparagraph (B), this subsection shall not apply to any sale, use, or removal for any period after December 31, 2010. ``(B) Cellulosic biomass ethanol.--In the case of any cellulosic biomass ethanol with respect to which paragraph (2)(C) applies-- ``(i) subparagraph (A) shall not apply, and ``(ii) this subsection shall not apply to any sale or use of such ethanol for any period after the earlier of the date on which the Secretary makes the certification described in section 40(i)(2)(A) or December 31, 2023.''. (c) Effective Date.--The amendments made by this section shall apply to fuel sold or used after the date of the enactment of this Act. SEC. 102. EXTENSION OF ENERGY CREDIT FOR SOLAR AND FUEL CELL PROPERTY. (a) 30 Percent Credit for Solar.--Subclause (II) of section 48(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``2008'' and inserting ``2013''. (b) Qualified Fuel Cell Property.-- (1) In general.--Subparagraph (E) of section 48(c)(1) of such Code is amended by striking ``2007'' and inserting ``2012''. (2) Termination of special rule.--Subparagraph (D) of section 48(c)(1) of such Code is amended by inserting ``placed in service before January 1, 2008, and'' after ``qualified fuel cell property which is''. (c) Fiber-Optic Distributed Sunlight.--Clause (ii) of section 48(a)(3)(A) of such Code is amended by striking ``2008'' and inserting ``2013''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 103. EXTENSION AND MODIFICATION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY. (a) In General.--Subsection (g) of section 25D of the Internal Revenue Code of 1986 is amended by striking ``2007'' and inserting ``2012''. (b) Modification of Maximum Credit for Qualified Solar Electricity Property.--Subparagraph (A) of section 25D(b)(1) of such Code is amended to read as follows: ``(A) $2,000 with respect to each half kilowatt of capacity of property for which qualified solar electricity property expenditures are made,''. (c) Conforming Amendments.-- (1) Paragraph (1) of section 25D(a) of such Code is amended by striking ``photovoltaic'' and inserting ``solar electricity''. (2) Paragraph (2) of section 25D(d) of such Code is amended in the text and in the heading by striking ``photovoltaic'' and inserting ``solar electricity''. (3) Paragraph (4)(A)(i) of section 25D(e) of such Code is amended by striking ``photovoltaic'' and inserting ``solar electricity''. (d) Effective Dates.-- (1) In general.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. (2) Increase in credit for solar electricity property.--The amendments made by subsections (b) and (c) shall apply to taxable years beginning after December 31, 2005. (3) Hold harmless transition rule.--In the case of any taxable year beginning after December 31, 2005, and before the date of the enactment of this Act, the taxpayer may elect (at such time and in such form and manner as the Secretary of the Treasury may determine) to apply the limitation under section 25D(b)(1)(A) of the Internal Revenue Code of 1986 which was in effect immediately before the date of the enactment of this Act for purposes of determining the credit under section 25D of such Code for such taxable year in lieu of such limitation as otherwise in effect for such year. SEC. 104. EXTENSION AND MODIFICATION OF EXCISE TAX CREDITS FOR CERTAIN LIQUID FUEL DERIVED FROM COAL. (a) Modification of Excise Tax Credits.--Section 6426 of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Special Rules for Liquid Fuel Derived From Coal.-- ``(1) Limitations.-- ``(A) Overall dollar limitation.--No liquid coal fuel shall be taken into account in determining the alternative fuel credit under subsection (d) or the alternative fuel mixture credit under subsection (e) if such fuel is sold or used after the date on which the Secretary certifies that, in the estimation of the Secretary, more than $1,500,000,000 has been allowed, in the aggregate, as a credit under this section with respect to liquid coal fuel taken into account under subsections (d) and (e). ``(B) Per taxpayer maximum.-- ``(i) In general.--With respect to any taxpayer, only the first 150,000,000 gallons of liquid coal fuel which is sold or used by the taxpayer during any calendar year may be taken into account under subsection (d) or (e). ``(ii) Termination of taxpayer maximum.-- Clause (i) shall not apply with respect to any calendar year after the first calendar year with respect to which the Secretary certifies that, in the estimation of the Secretary, at least 5 taxpayers sell or use liquid coal fuel which is taken into account under subsection (d) or (e). ``(C) Per taxpayer minimum.--With respect to any taxpayer, liquid coal fuel sold or used by the taxpayer during any calendar year shall not be taken into account in determining the alternative fuel credit under subsection (d) or the alternative fuel mixture credit under subsection (e) unless the aggregate amount of liquid coal fuel sold or used by such taxpayer during such calendar year exceeds 15,000,000 gallons. ``(2) Adjustment of credit amount.--Solely for purposes of determining that portion of the alternative fuel credit under subsection (d) and the alternative fuel mixture credit under subsection (e) which is allowed with respect to liquid coal fuel-- ``(A) Phase-out based on price of oil.-- ``(i) In general.--The 50 cent amounts contained in subsections (d)(1) and (e)(1) shall each be reduced (but not below zero) by an amount which bears the same ratio to the amount so contained in subsection (d)(1) or (e)(1) (as so increased) as-- ``(I) the amount (if any) by which the price of a barrel of crude oil

American-Made Energy Freedom Act of 2006 - Amends the Internal Revenue Code to: (1) increase tax credits for cellulosic biomass ethanol; (2) extend the energy credit for solar and fuel cell property; (3) extend and modify the credits for residential energy efficient property and for certain liquid fuel derived from coal; and (4) establish the American-Made Energy Trust Fund to implement designated sections of the Energy Policy Act of 2005, including climate change technology deployment. Directs the Secretary of the Interior to undertake a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain of Alaska. Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal the prohibition against production of oil and gas from the Arctic National Wildlife Refuge (ANWR) and any leasing or development leading to such production. Prescribes procedures for: (1) lease sales; (2) grants of leases; and (3) Coastal Plain environmental protection; (4) rights-of-way and easements for the transportation of oil and gas across the Coastal Plain. Directs the Secretary to convey: (1) the surface estate of specified lands to the Kaktovik Inupiat Corporation; and (2) the remaining subsurface estate of specified lands to the Arctic Slope Regional Corporation. Establishes the Coastal Plain Local Government Impact Aid Assistance Fund to provide financial assistance to specified entities directly impacted by oil and gas production and exploration on the Coastal Plain.

To establish the American-Made Energy Trust Fund, to increase the tax credits for cellulosic biomass ethanol, to extend tax incentives for solar and fuel cell property, to promote coal-to-liquid fuel activities, to direct the Secretary of the Interior to establish and implement a competitive oil and gas leasing program for the Coastal Plain of Alaska, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bounty Hunter Accountability and Quality Assistance Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) bail enforcement officers, also known as bounty hunters or recovery agents, provide law enforcement officers with valuable assistance in recovering fugitives from justice; (2) regardless of the differences in their duties, skills, and responsibilities, the public has had difficulty in discerning the difference between law enforcement officers and bail enforcement officers; (3) the American public demands the employment of qualified, well-trained bail enforcement officers as an adjunct, but not a replacement for, law enforcement officers; and (4) in the course of their duties, bail enforcement officers often move in and affect interstate commerce. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``bail enforcement employer'' means any person that-- (A) employs 1 or more bail enforcement officers; or (B) provides, as an independent contractor, for consideration, the services of 1 or more bail enforcement officers (which may include the services of that person); (2) the term ``bail enforcement officer''-- (A) means any person employed to obtain the recovery of any fugitive from justice who has been released on bail; and (B) does not include any-- (i) law enforcement officer; (ii) attorney, accountant, or other professional licensed under applicable State law; (iii) employee whose duties are primarily internal audit or credit functions; or (iv) member of the Armed Forces on active duty; and (3) the term ``law enforcement officer'' means a public servant authorized under applicable State law to conduct or engage in the prevention, investigation, prosecution, or adjudication of criminal offenses, including any public servant engaged in corrections, parole, or probation functions. SEC. 4. BACKGROUND CHECKS. (a) In General.-- (1) Submission.--An association of bail enforcement employers, which shall be designated for the purposes of this section by the Attorney General, may submit to the Attorney General fingerprints or other methods of positive identification approved by the Attorney General, on behalf of any applicant for a State license or certificate of registration as a bail enforcement officer or a bail enforcement employer. (2) Exchange.--In response to a submission under paragraph (1), the Attorney General may, to the extent provided by State law conforming to the requirements of the second paragraph under the heading ``Federal Bureau of Investigation'' and the subheading ``Salaries and Expenses'' in title II of Public Law 92-544 (86 Stat. 1115), exchange, for licensing and employment purposes, identification and criminal history records with the State governmental agencies to which the applicant has applied. (b) Regulations.--The Attorney General may promulgate such regulations as may be necessary to carry out this section, including measures relating to the security, confidentiality, accuracy, use, and dissemination of information submitted or exchanged under subsection (a) and to audits and recordkeeping requirements relating to that information. (c) Report.--Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report on the number of submissions made by the association of bail enforcement employers under subsection (a)(1), and the disposition of each application to which those submissions related. (d) State Participation.--It is the sense of Congress that each State should participate, to the maximum extent practicable, in any exchange with the Attorney General under subsection (a)(2). SEC. 5. MODEL GUIDELINES. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall publish in the Federal Register model guidelines for the State control and regulation of persons employed or applying for employment as bail enforcement officers. (b) Recommendations.--The guidelines published under subsection (a) shall include recommendations of the Attorney General regarding whether a person seeking employment as a bail enforcement officer should be-- (1) allowed to obtain such employment if that person has been convicted of a felony offense under Federal law, or of any offense under State law that would be a felony if charged under Federal law; (2) required to obtain adequate liability insurance for actions taken in the course of performing duties pursuant to employment as a bail enforcement officer; or (3) prohibited, if acting in the capacity of that person as a bail enforcement officer, from entering any private dwelling, unless that person first knocks on the front door and announces the presence of 1 or more bail enforcement officers. (c) Byrne Grant Preference for Certain States.-- (1) In general.--Section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end the following: ``(e) Preference for Certain States.--Notwithstanding any other provision of this part, in making grants to States under this subpart, the Director shall give priority to States that have adopted the model guidelines published under section 5(a) of the Bounty Hunter Accountability and Quality Assistance Act of 1999.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect 2 years after the date of enactment of this Act. SEC. 6. JOINT AND SEVERAL LIABILITY FOR ACTIVITIES OF BAIL ENFORCEMENT OFFICERS. Notwithstanding any other provision of law, a bail enforcement officer, whether acting as an independent contractor or as an employee of a bail enforcement employer on a bail bond, shall be considered to be the agent of that bail enforcement employer for the purposes of that liability.

Bounty Hunter Accountability and Quality Assistance Act of 1999 - Authorizes: (1) an association of bail enforcement employers, which shall be designated by the Attorney General, to submit to the Attorney General fingerprints or other methods of positive identification approved by the Attorney General, on behalf of any applicant for a State license or certificate of registration as a bail enforcement officer or employer; and (2) the Attorney General, in response to such submission, to exchange, for licensing and employment purposes, identification and criminal history records with the State governmental agencies to which the applicant has applied (subject to specified limitations). Authorizes the Attorney General to promulgate such regulations as necessary to carry out such provisions, including measures relating to audits, recordkeeping requirements, and the security, confidentiality, accuracy, use, and dissemination of information submitted or exchanged. Express the sense of Congress that each State should participate in any such exchange. (Sec. 5) Directs the Attorney General to publish in the Federal Register model guidelines for the State control and regulation of persons employed or applying for employment as bail enforcement officers, including recommendations regarding whether a person seeking such employment should be: (1) allowed to obtain such employment if that person has been convicted of a Federal felony, or of a State offense that would be a felony if charged under Federal law; (2) required to obtain adequate liability insurance for actions taken in the course of performing duties pursuant to employment as a bail enforcement officer; or (3) prohibited, if acting in the capacity of that person as a bail enforcement officer, from entering any private dwelling without first knocking on the front door and announcing the presence of one or more bail enforcement officers. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to give priority, in making drug control and system improvement (Byrne) grants, to States that have adopted the model guidelines. (Sec. 6) Declares that a bail enforcement officer, whether acting as an independent contractor or as an employee of a bail enforcement employer on a bail bond, shall be considered to be the agent of that employer for liability purposes.

Bounty Hunter Accountability and Quality Assistance Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arrest Methamphetamine Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) Methamphetamine (meth) is an extremely dangerous and highly addictive drug. (2) Methamphetamine use contributes to the perpetration of violent crimes, particularly burglary, child abuse, and crimes of substantial cost and personal pain to the victims, including identity theft. (3) Methamphetamine labs produce hazardous conditions because of their use of chemicals such as anhydrous ammonia, ether, sulfuric acid, and other toxins which are volatile, corrosive and poisonous. When these substances are illegally disposed of in rivers, streams, and other dump areas, explosions and serious environmental damage can and does result. (4) Since 2001, Federal funding has been provided through the Department of Justice COPS and Byrne Grant programs to address methamphetamine enforcement and clean up. Since 2002, although the methamphetamine problem has been growing and spreading across the United States, COPS funding has been cut each successive year, from $70,500,000 in 2002, to under $52,000,000 in 2005. (5) As methamphetamine has impacted more States each year, the dwindling Federal funds have been parsed into smaller amounts. Each State deserves greater Federal support and a permanent funding mechanism to confront the challenging problem of methamphetamine abuse. (6) Permanent Federal funding support for meth enforcement and clean-up is critical to the efforts of State and local law enforcement to reduce the use, manufacture, and sale of methamphetamine, and thus, reduce the crime rate. (7) It is necessary for the Federal Government to establish a long-term commitment to confronting methamphetamine use, sale, and manufacture by creating a permanent funding mechanism to assist States. SEC. 3. CONFRONTING THE USE OF METHAMPHETAMINE. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART HH--CONFRONTING USE OF METHAMPHETAMINE ``SEC. 2991. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND METHAMPHETAMINE MANUFACTURING, SALE, AND USE. ``(a) Purpose and Program Authority.-- ``(1) Purpose.--It is the purpose of this part to assist States-- ``(A) to carry out programs to address the manufacture, sale, and use of methamphetamine drugs; and ``(B) to improve the ability of State and local government institutions of to carry out such programs. ``(2) Grant authorization.--The Attorney General, through the Bureau of Justice Assistance in the Office of Justice Programs may make grants to States to address the manufacture, sale, and use of methamphetamine to enhance public safety. ``(3) Grant projects to address methamphetamine manufacture sale and use.--Grants made under subsection (a) may be used for programs, projects, and other activities to-- ``(A) arrest individuals violating laws related to the use, manufacture, or sale of methamphetamine; ``(B) undertake methamphetamine clandestine lab seizures and environmental clean up; ``(C) provide for community-based education, awareness, and prevention; ``(D) provide child support and family services related to assist users of methamphetamine and their families; ``(E) facilitate intervention in methamphetamine use; ``(F) facilitate treatment for methamphetamine addiction; ``(G) provide Drug Court and Family Drug Court services to address methamphetamine; ``(H) provide community policing to address the problem of methamphetamine use; ``(I) support State and local health department and environmental agency services deployed to address methamphetamine; ``(J) prosecute violations of laws related to the use, manufacture, or sale of methamphetamine; and ``(K) procure equipment, technology, or support systems, or pay for resources, if the applicant for such a grant demonstrates to the satisfaction of the Attorney General that expenditures for such purposes would result in the reduction in the use, sale, and manufacture of methamphetamine. ``(b) Eligibility.--To be eligible to receive a grant under this part, a State shall submit to the Attorney General assurances that the State has implemented, or will implement prior to receipt of a grant under this section laws, policies, and programs that restrict the wholesale and limit sale of products used as precursors in the manufacture of methamphetamine. ``SEC. 2992. APPLICATIONS. ``(a) In General.--No grant may be made under this part unless an application has been submitted to, and approved by, the Attorney General. ``(b) Application.--An application for a grant under this part shall be submitted in such form, and contain such information, as the Attorney General may prescribe by regulation or guidelines. ``(c) Contents.--In accordance with the regulations or guidelines established by the Attorney General, each application for a grant under this part shall-- ``(1) include a long-term statewide strategy that-- ``(A) reflects consultation with appropriate public and private agencies, tribal governments, and community groups; ``(B) represents an integrated approach to addressing the use, manufacture, and sale of methamphetamine that includes-- ``(i) arrest and clandestine lab seizure; ``(ii) training for law enforcement, fire and other relevant emergency services, health care providers, and child and family service providers; ``(iii) intervention; ``(iv) child and family services; ``(v) treatment; ``(vi) drug court; ``(vii) family drug court; ``(viii) health department support; ``(ix) environmental agency support; ``(x) prosecution; and ``(xi) evaluation of the effectiveness of the program and description of the efficacy of components of the program for the purpose of establishing best practices that can be widely replicated by other States; and ``(C) where appropriate, incorporate Indian Tribal participation to the extent that an Indian Tribe is impacted by the use, manufacture, or sale of methamphetamine; ``(2) identify related governmental and community initiatives which complement or will be coordinated with the proposal; ``(3) certify that there has been appropriate coordination with all affected State and local government institutions and that the State has involved counties and other units of local government, when appropriate, in the development, expansion, modification, operation or improvement of programs to address the use, manufacture, or sale of methamphetamine; ``(4) certify that the State will share funds received under this part with counties and other units of local government, taking into account the burden placed on these units of government when they are required to address the use, manufacture, or sale of methamphetamine; ``(5) assess the impact, if any, of the increase in police resources on other components of the criminal justice system; ``(6) explain how the grant will be utilized to enhance government response to the use, manufacture, and sale of methamphetamine; ``(7) demonstrate a specific public safety need; ``(8) explain the applicant's inability to address the need without Federal assistance; ``(9) specify plans for obtaining necessary support and continuing the proposed program, project, or activity following the conclusion of Federal support; and ``(10) certify that funds received under this part will be used to supplement, not supplant, other Federal, State, and local funds. ``SEC. 2993. PLANNING GRANTS. ``(a) Eligible Entity.--The Attorney General through the Bureau of Justice Assistance in the Office of Justice Programs, may make grants under this section to States, Indian tribal governments, and multi- jurisdictional or regional consortia thereof to develop a comprehensive, cooperative strategy to address the manufacture, sale, and use of methamphetamine to enhance public safety. ``(b) Authorization.--The Attorney General is authorized to provide grants under this section not exceeding $100,000 per eligible entity for such entity to-- ``(1) define the problem of the use, manufacture, or sale of methamphetamine within the jurisdiction of the entity; ``(2) describe the public and private organization to be involved in addressing methamphetamine use, manufacture, or sale; and ``(3) describe the manner in which these organizations will participate in a comprehensive, cooperative, and integrated plan to address the use, manufacture, or sale of methamphetamine. ``SEC. 2994. ENFORCEMENT GRANTS. ``Of the total amount appropriated for this part in any fiscal year, the amount remaining after setting aside the amount to be reserved to carry out section 2993 shall be allocated to States as follows: ``(1) 0.25 percent or $250,000, whichever is greater, shall be allocated to each of the States. ``(2) Of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States. ``SEC. 2995. NATIONAL ACTIVITIES. ``The Attorney General is authorized-- ``(1) to collect systematic data on the effectiveness of the programs assisted under this part in reducing the use, manufacture, and sale of methamphetamine; ``(2) to establish a national clearinghouse of information on effective programs to address the use, manufacture, and sale of methamphetamine that shall disseminate to State and local agencies describing-- ``(A) the results of research on efforts to reduce the use, manufacture, and sale of methamphetamine; and ``(B) information on effective programs, best practices and Federal resources to-- ``(i) reduce the use, manufacture, and sale of methamphetamine; and ``(ii) address the physical, social, and family problems that result from the use of methamphetamine through the activities of intervention, treatment, drug courts, and family drug courts; ``(3) to establish a program within the Department of Justice to facilitate the sharing of knowledge in best practices among States addressing the use, manufacture and sale of methamphetamine through State-to-State mentoring, or other means; and ``(4) to provide technical assistance to State agencies and local agencies implementing programs and securing resources to implement effective programs to reduce the use, manufacture, and sale of methamphetamine. ``SEC. 2996. FUNDING. ``(a) Grants for the Purpose of Confronting the Use of Methamphetamine.--There are authorized to be appropriated to carry out this part-- ``(1) $100,000,000 for each fiscal year 2006 and 2007; and ``(2) $200,000,000 for each fiscal year 2008, 2009, and 2010. ``(b) National Activities.--For the purposes of section 2995, there are authorized to be appropriated such sums as are necessary.''. SEC. 4. STATEMENT OF CONGRESS REGARDING AVAILABILITY AND ILLEGAL IMPORTATION OF PSEUDOEPHEDRINE FROM CANADA. (a) Findings.--Congress finds that-- (1) pseudoephedrine is a particularly abused basic precursor chemical used in the manufacture of the dangerous narcotic methamphetamine; (2) the Federal Government, working in cooperation with narcotics agents of State and local governments and the private sector, has tightened the control of pseudoephedrine in the United States in recent years; (3) in many States, pseudoephedrine can only be purchased in small quantity bottles or blister packs, and laws throughout various States are gradually becoming tougher, reflecting the increasing severity of America's methamphetamine problem; however, the widespread presence of large containers of pseudoephedrine from Canada at methamphetamine laboratories and dumpsites in the United States, despite efforts of law enforcement agencies to stem the flow of these containers into the United States, demonstrates the strength of the demand for, and the inherent difficulties in stemming the flow of, these containers from neighboring Canada; and (4) Canada lacks a comprehensive legislative framework for addressing the pseudoephedrine trafficking problem. (b) Call for Action by Canada.--Congress strongly urges the President to seek commitments from the Government of Canada to begin immediately to take effective measures to stem the widespread and increasing availability in Canada and the illegal importation into the United States of pseudoephedrine.

Arrest Methamphetamine Act of 2005 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General, through the Bureau of Justice Assistance (BJA), to make grants to States to address the manufacture, sale, and use of methamphetamine to enhance public safety, including for activities to: (1) arrest individuals violating methamphetamine related laws; (2) undertake methamphetamine clandestine lab seizures and environmental cleanup; (3) provide for community based education, awareness, and prevention; (4) provide child support and family services to assist methamphetamine users and their families; and (5) procure equipment, technology, or support systems, or pay for resources, where expenditures would result in reduction in methamphetamine use, sale, and manufacture. Sets forth application requirements. Authorizes the Attorney General, through BJA, to make grants to States, Indian tribal governments, and multijurisdictional or regional consortia to develop a comprehensive, cooperative strategy to address the use, sale, and manufacture of methamphetamine. Allocates funding for enforcement. Authorizes the Attorney General to: (1) collect systematic data on the effectiveness of programs assisted under this Act; (2) establish a national clearinghouse of information on effective programs for dissemination to State and local agencies; (3) establish a program within the Department of Justice to facilitate the sharing of best practices among States; and (4) provide technical assistance to State and local agencies. Urges the President to seek commitments from the Canadian Government to take effective measures to stem the availability of pseudoephedrine in Canada and its illegal importation into the United States.

A bill to arrest methamphetamine abuse in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorism Risk Insurance Program Extension Act of 2004''. SEC. 2. PROGRAM YEARS. Paragraph (11) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following new subparagraphs: ``(E) Program year 4.--The term `Program Year 4' means the period beginning on January 1, 2006 and ending on December 31, 2006. ``(F) Program year 5.--The term `Program Year 5' means the period beginning on January 1, 2007 and ending on December 31, 2007. ``(G) Final program year.--The term `Final Program Year' means the period beginning on January, 1, 2008 and ending on December 31, 2008.''. SEC. 3. APPLICABILITY OF PROGRAM TO FINAL PROGRAM YEAR. Paragraph (5) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and realigning such paragraphs, as so redesignated, so as to be indented 6 ems from the left margin; (2) by striking all of the matter that precedes subparagraph (A) and inserting the following: ``(5) Insured loss.-- ``(A) In general.--The term `insured loss' means any loss resulting from an act of terrorism (including an act of war, in the case of workers' compensation) that is covered by primary or excess property and casualty insurance issued by an insurer if such loss-- ''; and (3) by adding at the end the following new subparagraph: ``(B) Final program year.--With respect to the Final Program Year, such term means only such losses as are described in subparagraph (A) that are covered by primary or excess property and casualty insurance that-- ``(i) is issued before January 1, 2008; and ``(ii) expires not later than December 31, 2008.''. SEC. 4. INSURER DEDUCTIBLE. Paragraph (7) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) by striking subparagraph (D) and inserting the following new subparagraph: ``(D) for Program Years 3, 4, and 5, the value of an insurer's direct earned premiums over the calendar year immediately preceding such Program Year, multiplied by 15 percent;''; (2) in subparagraph (E)-- (A) by striking ``or Program Year 3'' and inserting ``Program Year 3, Program Year 4, or Program Year 5''; and (B) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) for the Final Program Year, the value of an insurer's direct earned premiums for the terms remaining under any policies for insurance described in paragraph (5)(B) as of the occurrence of the act of terrorism during such Year that results in insured losses, as determined by the Secretary, multiplied by 15 percent.''. SEC. 5. MANDATORY AVAILABILITY. Subsection (c) of section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) by striking all of the matter that precedes subparagraph (A) of paragraph (1) and inserting the following: ``(c) Mandatory Availability.--During the period beginning on the first day of the Transition Period and ending on the last day of Program Year 5, each entity that meets the definition of an insurer under section 102--''; (2) by striking paragraph (2); and (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2) and realigning such paragraphs, as so redesignated, so as to be indented 2 ems from the left margin. SEC. 6. INSURED LOSS SHARED COMPENSATION. Subsection (e) of section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) in paragraph (2)(A), by striking ``or Program Year 3'' and inserting ``, Program Year 3, Program Year 4, Program Year 5, or the Final Program Year''; (2) in paragraph (3), by striking ``or Program Year 3'' and inserting ``, Program Year 3, Program Year 4, Program Year 5, or the Final Program Year''; and (3) in paragraph (6)(C), by striking ``Program Year 3'' and inserting ``each of Program Year 3, Program Year 4, Program Year 5, and the Final Program Year''. SEC. 7. COVERAGE OF GROUP LIFE INSURANCE. (a) In General.--Section 102(5) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended in the matter that precedes subparagraph (A) by inserting ``or group life insurance'' after ``property and casualty insurance''. (b) Technical and Conforming Amendments.--The Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) in section 102(1)(B)(ii), by inserting ``and group life insurance'' after ``property and casualty insurance''; (2) in section102(4), by inserting ``or group life insurance'' after ``property and casualty insurance''; (3) in section 102(6)(B), by inserting ``or group life insurance coverage'' after ``property and casualty insurance coverage''; (4) in section 102(12)(B)(v), by striking ``including group life insurance'' and inserting ``(except that this exclusion from the definition under this paragraph shall not be construed as affecting the inclusion of group life insurance coverage within the Program under this title)''; (5) in section 103(e)(8)(A)(i), by inserting ``and group life insurance policies'' after ``property and casualty insurance policies''; (6) in subparagraphs (A)(iii) and (C) of section 103(e)(8), by inserting ``, or group life insurance coverage, as the case may be,'' after ``property and casualty insurance coverage''; (7) in section 103-- (A) by striking subsection (h); and (B) by redesignating subsection (i) as subsection (h); and (8) in paragraph (1) of section 108(d), by inserting ``and the group life insurance industry'' after ``property and casualty insurance industry'' . SEC. 8. TERMINATION OF PROGRAM. Section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) in subsection (a), striking ``December 31, 2005'' and inserting ``December 31, 2008''; and (2) in subsection (d), by adding at the end the following new paragraph: ``(3) Final gao study and report.--The Comptroller General of the United States shall conduct an assessment of the matters referred to in paragraph (1) and shall submit a report to the Congress, not later than June 30, 2007, on the results of such study.''.

Terrorism Risk Insurance Program Extension Act of 2004 - Amends the Terrorism Risk Insurance Act of 2002 to extend the terrorism risk insurance program through December 31, 2008. Restricts "insured loss" with respect to the Final Program Year to certain losses covered by property and casualty insurance issued before January 1, 2008, and expiring not later than December 31, 2008. Sets forth an insurer deductible that is the value of an insurer's direct earned premiums multiplied by 15 percent for Program Years 3, 4, and 5, and for the Final Program Year. Redefines "insured loss" to include group life insurance coverage.

To extend the terrorism risk insurance program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Verification Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of Homeland Security estimates that there were 11.5 million illegal immigrants in the United States in 2011, a population with a traditionally high rate of labor force participation. During this time, 13.7 million Americans were unemployed. (2) Pursuant to Executive Order 12989, as amended by Executive Order 13465, contractors and subcontractors that do business with the Federal Government must use the E-Verify Program to verify that their employees are authorized to work in the United States. Additionally, all Federal employees must be screened through the E-Verify Program. (3) The E-Verify Program is accurate, effective, and currently in use by more than 350,000 employers. Ninety-eight and three-tenths percent of employees are automatically confirmed as work-authorized either instantly or within 24 hours, requiring no employee or employer action. (4) The United States Court of Appeals for the Fourth Circuit decided in Chamber of Commerce v. Janet Napolitano that entities that solicit and voluntarily enter into contracts or agreements with the Federal Government can be subject to a requirement for electronic verification of employment eligibility. SEC. 3. REQUIREMENT FOR FEDERAL CONTRACTORS AND OTHER RECIPIENTS OF FEDERAL FUNDS TO PARTICIPATE IN E-VERIFY PROGRAM. (a) In General.--Section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by adding at the end the following new subparagraphs: ``(C) Federal contractors and subcontractors.-- ``(i) In general.--Any Federal contractor described in clause (ii), and any subcontractor described in clause (iii), shall elect, prior to receipt of any payment under the contract or subcontract, to participate in the E-Verify Program described in section 403(a) and shall comply with the terms and conditions of such election. ``(ii) Federal contractors described.--A Federal contractor is described in this clause if the contractor-- ``(I) employs individuals; and ``(II) has been awarded (and has not completed performance of) a contract by the Federal Government for the procurement of goods or services. ``(iii) Subcontractors described.--A subcontractor is described in this clause if the subcontractor-- ``(I) employs individuals; and ``(II) has been awarded (and has not completed performance of) a subcontract by a Federal contractor described in clause (ii). ``(iv) Coverage of workforce.--In implementing this subparagraph, the Secretary of Homeland Security shall ensure that the E- Verify Program is applied to-- ``(I) all persons hired during the contract term by the contractor to perform employment duties within the United States; ``(II) all employees assigned by the contractor to perform work within the United States on the contract; and ``(III) in the case of a subcontractor, all employees of the subcontractor who are directly engaged in performing work under the contract. ``(v) Exceptions to contracts covered.--For purposes of clause (ii)(II), a contract by the Federal Government for the procurement of goods or services does not include any of the following contracts: ``(I) A contract in an amount less than the simplified acquisition threshold. ``(II) A contract that is for the procurement of only commercially available off-the-shelf items (or minor modifications to such items) and related services. ``(III) A contract with a term of less than 120 days. ``(IV) A contract under which all work is performed outside the United States. ``(D) Recipients of grants, loans, and other federal benefits.-- ``(i) In general.--Any recipient of a Federal benefit described in clause (ii) shall elect, prior to receipt of the benefit, to participate in the E-Verify Program described in section 403(a) and shall comply with the terms and conditions of such election. ``(ii) Recipient of federal funds described.--A recipient of a Federal benefit is described in this clause if the recipient-- ``(I) employs individuals; and ``(II) has received (and not completed the term of) a grant, loan, loan guarantee, or cooperative agreement from the Federal Government. ``(iii) Coverage of workforce.--In implementing this subparagraph, the Secretary of Homeland Security shall ensure that the E- Verify Program is applied to-- ``(I) all persons hired during the term of the grant, loan, loan guarantee, or cooperative agreement by the recipient of the Federal benefit to perform employment duties within the United States; and ``(II) all employees assigned by the recipient of the Federal benefit to perform work within the United States under the project or activity funded by the grant, loan, loan guarantee, or cooperative agreement.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to contracts, grants, loans, loan guarantees, or cooperative agreements entered into, awarded, renewed, or extended, as the case may be, on or after the expiration of the 60-day period beginning on the date of the enactment of this Act. SEC. 4. PERMANENT REAUTHORIZATION OF E-VERIFY. (a) In General.--Section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended-- (1) in subsection (a), by striking ``pilot''; (2) in subsection (b)-- (A) by striking ``the pilot programs'' and inserting ``the programs required under this subtitle''; and (B) by striking ``Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program on September 30, 2012.''; and (3) in subsection (d)-- (A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (4), (1), (5), (2), (3), (7), and (6), respectively; and (B) by amending paragraph (4), as redesignated, to read as follows: ``(4) Program.--The term `program' means any of the 3 programs provided for under this subtitle.''. (b) Conforming Amendments.--Subtitle A of title IV of division C of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended-- (1) in section 402, by striking ``pilot'' each place such term appears; and (2) in section 403(a)(2)-- (A) in subparagraph (A), by amending clause (i) to read as follows: ``(i) A document referred to in section 274A(b)(1)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)(B)(ii)) shall be designated by the Secretary of Homeland Security as suitable for the purpose of identification in a program provided for under this subtitle.''; and (B) in subparagraph (B), by striking ``pilot''.

Employee Verification Act - Amends the the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require federal contractors and subcontractors to participate in the E-Verify Program. Exempts specified federal procurement contracts from E-Verify coverage. Directs the Secretary of Homeland Security (DHS) to ensure that E-Verify is applied to: (1) all persons hired during the term of the grant, loan, loan guarantee, or cooperative agreement by the recipient of the federal benefit to perform employment duties within the United States; and (2) all employees assigned by the recipient of the federal benefit to perform work within the United States under the project or activity funded by the grant, loan, loan guarantee, or cooperative agreement. Makes E-Verify permanent.

To require Federal contractors and other recipients of Federal funds to participate in the E-Verify Program for employment eligibility verification, to permanently reauthorize the E-Verify Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employer Work Incentive Act for Individuals with Severe Disabilities''. SEC. 2. PURPOSE. The purpose of this Act is to promote employment opportunities for individuals with severe disabilities, by requiring Federal agencies to offer incentives to Government contractors and subcontractors that employ substantial numbers of individuals with severe disabilities. SEC. 3. FINDINGS. Congress makes the following findings: (1) Of the 9,400,000 people with severe disabilities in the United States who want to work, only 26.1 percent are employed. (2) The Social Security trustees project that, by 2029, the Disability Trust Fund will be exhausted, 13 years before the Old Age and Survivors Trust Fund. (3) A June 2005 Government Accountability Office (GAO) report designated modernizing federal disability programs as a high-risk area, one that requires urgent attention and organizational transformation to ensure that programs function in the most economical, efficient and effective manner possible. Solutions to these problems are likely to require fundamental changes, including regulatory and legislative action. (4) If one percent of people with severe disabilities now receiving Social Security Disability Insurance and Supplemental Security Income payments were employed, the projected 10-year cost savings for the Treasury would equal $45,000,000,000. (5) It is appropriate for the Federal Government to offer incentives to government contractors who employ significant numbers of individuals with severe disabilities. SEC. 4. CONTRACTORS EMPLOYING INDIVIDUALS WITH SEVERE DISABILITIES. (a) Contractors Employing Individuals With Severe Disabilities.-- 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. 43. CONTRACTORS EMPLOYING INDIVIDUALS WITH SEVERE DISABILITIES. ``(a) Targets for the Participation of Businesses Employing Individuals With Severe Disabilities.-- ``(1) Government-wide target.--The Administrator shall annually establish a Government-wide target for procurement contracts awarded to businesses that employ individuals with severe disabilities. The Government-wide target shall be established at not less than 2.5 percent of the total value of all prime contract and subcontract procurements for each fiscal year. ``(2) Executive agency targets.--Each executive agency shall have an annual procurement target that presents, for that agency, the maximum practicable opportunity for businesses that employ individuals with severe disabilities to participate in the performance of contracts, and the performance of subcontracts to prime contracts, entered into by such agency. ``(3) Cumulative target.--The Administrator shall ensure that the cumulative procurement targets for executive agencies established pursuant to paragraph (2) meet or exceed the annual Government-wide procurement target established pursuant to paragraph (1). ``(4) Database.--The Administrator shall work with the Administrator of General Services to establish and maintain a database of eligible nonprofit and for profit business entities that qualify as businesses that employ individuals with severe disabilities. ``(b) Incentives for the Employment of Individuals With Severe Disabilities.-- ``(1) Regulations.-- ``(A) In general.--The Administrator shall promulgate regulations in the Federal Acquisition Regulation providing that the participation of businesses that employ individuals with severe disabilities or the participation of prime contractors that subcontract to such businesses shall be an evaluation factor in all contracts awarded by executive agencies. The Administrator shall ensure that this evaluation factor is given sufficient weight to allow all agencies to be in compliance with the 2.5 percent contracting targets under subsection (a). ``(B) Documentation requirement.--The regulations promulgated under subparagraph (A) shall provide that an executive agency awarding a contract may not evaluate a business as a business that employs individuals with severe disabilities unless the business provides to such agency-- ``(i) documentation that the business currently qualifies as a business that employs individuals with severe disabilities; ``(ii) documentation that the business has a history of hiring individuals with severe disabilities, a letter of commitment stating that the business will meet the employment criteria provided under subsection (e)(1)(B) within 1 year after the starting date of the contract, and a plan for meeting such criteria; or ``(iii) documentation that the employer currently employs at least one individual with severe disabilities, a letter of commitment stating that the business will meet the employment criteria provided under subsection (e)(1)(B) within 1 year after the starting date of the contract, and a plan for meeting such criteria. ``(C) Consequences of failure to qualify for advantage.--The failure of a business that is awarded a contract (either as a prime contractor or a subcontractor) as a result of a preference given pursuant to subparagraph (A) to meet the employment criteria provided under subsection (e)(1)(B) within 1 year after the starting date of such contract shall result in the termination of such contract, unless a one-time waiver is submitted and approved, for good cause, before the end of such time period. ``(c) Coordination Between Agencies and Interested Groups.--The Assistant Secretary of Labor for Employment and Training shall be responsible for seeking and obtaining input from the executive agencies responsible for Federal procurement and from individuals, groups, associations, and disability organizations regarding the effectiveness, outreach, utilization, and advancement of the goals and purposes of the employment and contracting program under this section. ``(d) Regional Assistance Centers.--The Secretary of Labor shall utilize existing Regional Assistance Centers to provide assistance to businesses in qualifying for the incentives established pursuant to subsection (b). The Regional Assistance Centers shall be headquartered in the Department of Labor's regional workforce offices operated under the authority of the Secretary. ``(e) Definitions.--In this section: ``(1) The term `business that employs individuals with severe disabilities' means an eligible nonprofit or for-profit business entity that-- ``(A) demonstrates that it has established an integrated employment setting, meaning that the employment setting for severely disabled employees is similar to the employment setting for non-disabled employees performing similar tasks and that severely disabled employees are not unnecessarily physically separated from non-disabled or other disabled employees in their employment settings; ``(B) beginning not later than 1 year after the starting date of the contract for which the Federal procurement advantage was utilized, employs individuals with severe disabilities-- ``(i) in not less than 25 percent of the full-time equivalent positions of the business, if the business has 50 or fewer full-time equivalent employees; ``(ii) in not less than 18 percent of the full-time equivalent positions, if the business has between 51 and 250 full-time equivalent employees; or ``(iii) in not less than 15 percent of the full-time equivalent positions, if the business has more than 250 full-time positions; and ``(C)(i) pays wages to each of the individuals with severe disabilities at not less than the applicable rate described in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), regardless of whether the individuals are engaged in supported employment, or training, under a contract with an executive agency or a program that receives Federal funds; and ``(ii) does not employ any individual with a severe disability pursuant to a special certificate issued under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)); and ``(D) makes contributions for at least 50 percent of the total cost of the annual premiums for health insurance coverage for its employees. ``(2)(A) The term `individual with a severe disability' means an individual who is a disabled beneficiary (as defined in section 1148(k)(2) of the Social Security Act (42 U.S.C. 1320b-19(k)(2)) or an individual who would be considered to be such a disabled beneficiary but for having income or assets in excess of the income or asset eligibility limits established under title II or XVI of the Social Security Act, respectively (42 U.S.C. 401 et seq., 1381 et seq.). ``(B) The term `individuals with severe disabilities' means more than 1 individual with a severe disability.''. (b) 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. 43. Contractors employing individuals with severe disabilities.''. SEC. 5. REPORTING. Not later than August 31 of each year, the Assistant Secretary of Labor for Employment and Training shall submit to Congress an annual report on progress made in achieving the targets established under section 43 of the Office of Federal Procurement Policy Act, as added by section 4.

Employer Work Incentive Act for Individuals with Severe Disabilities - Amends the Office of Federal Procurement Policy Act to require the Administrator for Federal Procurement Policy to establish, annually, a government-wide target for procurement contracts awarded to businesses that employ individuals with severe disabilities. Requires such target to be established at not less than 2.5% of the total value of all prime contract procurements for each fiscal year. Directs: (1) each executive agency to have an annual procurement target that presents the maximum practicable opportunity for businesses that employ individuals with severe disabilities to participate in the performance of agency contracts; (2) the Administrator to ensure that the cumulative agency targets meet or exceed the annual targets; (3) the Administrator to work with the Administrator of General Services to establish and maintain a database of eligible entities that qualify as businesses that employ such individuals; and (4) the Administrator to promulgate regulations providing that the participation of such businesses shall be an evaluation factor in all contracts awarded by executive agencies. Provides that the failure of a business that is awarded a contract to meet the employment criteria within one year shall result in contract termination, unless a one-time waiver is approved for good cause. Makes the Assistant Secretary of Labor for Employment and Training responsible for obtaining input from agencies, individuals, and organizations regarding the effectiveness, outreach, utilization, and advancement of the goals and purposes of the employment and contracting program. Requires the Secretary of Labor to utilize existing Regional Assistance Centers to provide assistance to businesses in qualifying for the evaluation factor.

A bill to promote employment of individuals with severe disabilities through Federal Government contracting and procurement processes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Notification of Risk to Personal Data Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions shall apply: (1) Agency.--The term ``agency'' has the same meaning given such term in section 551(1) of title 5, United States Code. (2) Breach of security of the system.--The term ``breach of security of the system''-- (A) means the compromise of the security, confidentiality, or integrity of data that results in, or there is a reasonable basis to conclude has resulted in, the unauthorized acquisition of personal information maintained by the person or business; and (B) does not include good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business, if the personal information is not used or subject to further unauthorized disclosure. (3) Person.--The term ``person'' has the same meaning given such term in section 551(2) of title 5, United States Code. (4) Personal information.--The term ``personal information'' means an individual's last name in combination with any 1 or more of the following data elements: (A) Social security number. (B) Driver's license number or State identification number. (C) Account number or credit or debit card number, or, if a security code, access code, or password is required for access to an individual's account, the account number or credit or debit card number, in combination with the required code or password. (5) Substitute notice.--The term ``substitute notice'' means-- (A) conspicuous posting of the notice on the Internet site of the agency or person, if the agency or person maintains a public Internet site; and (B) notification to major print and broadcast media, including major media in metropolitan and rural areas where the individual whose personal information was, or is reasonably believed to have been, acquired resides. The notice to media shall include a toll-free phone number where an individual can learn whether or not that individual's personal data is included in the security breach. SEC. 3. DATABASE SECURITY. (a) Disclosure of Security Breach.-- (1) In general.--Any agency, or person engaged in interstate commerce, that owns, licenses, or collects data, whether or not held in electronic form, containing personal information shall, following the discovery of a breach of security of the system maintained by the agency or person that contains such data, or upon receipt of notice under paragraph (2), notify any individual of the United States whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (2) Notification of owner or licensee.--Any agency, or person engaged in interstate commerce, in possession of data, whether or not held in electronic form, containing personal information that the agency does not own or license shall notify the owner or licensee of the information if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person through a breach of security of the system containing such data. (3) Timeliness of notification.-- (A) In general.--All notifications required under paragraph (1) or (2) shall be made without unreasonable delay following-- (i) the discovery by the agency or person of a breach of security of the system; (ii) any measures necessary to determine the scope of the breach, prevent further disclosures, and restore the reasonable integrity of the data system; and (iii) receipt of written notice that a law enforcement agency has determined that the notification will no longer seriously impede its investigation, where notification is delayed as provided in paragraph (4). (B) Burden of proof.--The agency or person required to provide notification under this subsection shall have the burden of demonstrating that all notifications were made as required under this paragraph, including evidence demonstrating the necessity of any delay. (4) Delay of notification authorized for law enforcement purposes.--If a law enforcement agency determines that the notification required under this subsection would seriously impede a criminal investigation, such notification may be delayed upon the written request of the law enforcement agency. (5) Exception for national security and law enforcement.-- (A) In general.--This subsection shall not apply to an agency if the head of the agency certifies, in writing, that notification of the breach as required by this subsection reasonably could be expected to-- (i) cause damage to the national security; and (ii) hinder a law enforcement investigation or the ability of the agency to conduct law enforcement investigations. (B) Limits on certifications.--The head of an agency may not execute a certification under subparagraph (A) to-- (i) conceal violations of law, inefficiency, or administrative error; (ii) prevent embarrassment to a person, organization, or agency; or (iii) restrain competition. (C) Notice.--In every case in which a head of an agency issues a certification under subparagraph (A), a copy of the certification, accompanied by a concise description of the factual basis for the certification, shall be immediately provided to the Congress. (6) Methods of notice.--An agency, or person engaged in interstate commerce, shall be in compliance with this subsection if it provides the individual, with-- (A) written notification; (B) e-mail notice, if the individual has consented to receive such notice and the notice is consistent with the provisions permitting electronic transmission of notices under section 101 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001); or (C) substitute notice, if-- (i) the agency or person demonstrates that the cost of providing direct notice would exceed $500,000; (ii) the number of individuals to be notified exceeds 500,000; or (iii) the agency or person does not have sufficient contact information for those to be notified. (7) Content of notification.--Regardless of the method by which notice is provided to individuals under paragraphs (1) and (2), such notice shall include-- (A) to the extent possible, a description of the categories of information that was, or is reasonably believed to have been, acquired by an unauthorized person, including social security numbers, driver's license or State identification numbers and financial data; (B) a toll-free number-- (i) that the individual may use to contact the agency or person, or the agent of the agency or person; and (ii) from which the individual may learn-- (I) what types of information the agency or person maintained about that individual or about individuals in general; and (II) whether or not the agency or person maintained information about that individual; and (C) the toll-free contact telephone numbers and addresses for the major credit reporting agencies. (8) Coordination of notification with credit reporting agencies.--If an agency or person is required to provide notification to more than 1,000 individuals under this subsection, the agency or person shall also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis (as defined in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)) of the timing and distribution of the notices. (b) Civil Remedies.-- (1) Penalties.--Any agency, or person engaged in interstate commerce, that violates subsection (a) shall be subject to a fine of-- (A) not more than $1,000 per individual whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person; or (B) not more than $50,000 per day while the failure to give notice under subsection (a) persists. (2) Equitable relief.--Any agency or person that violates, proposes to violate, or has violated this section may be enjoined from further violations by a court of competent jurisdiction. (3) Other rights and remedies.--The rights and remedies available under this subsection are cumulative and shall not affect any other rights and remedies available under law. (c) Enforcement.--The Federal Trade Commission or other appropriate regulator, is authorized to enforce compliance with this section, including the assessment of fines under subsection (b)(1). (d) Fraud Alert.--Section 605A(b)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681c-1(b)(1)) is amended by inserting ``, or evidence that the consumer has received notice that the consumer's personal financial information has or may have been compromised,'' after ``identity theft report''. SEC. 4. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) In General.-- (1) Civil actions.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that is prohibited under this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction or any other court of competent jurisdiction, including a State court, to-- (A) enjoin that practice; (B) enforce compliance with this Act; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Notice.-- (A) In general.--Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Attorney General of the United States-- (i) written notice of the action; and (ii) a copy of the complaint for the action. (B) Exemption.-- (i) In general.--Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the State attorney general determines that it is not feasible to provide the notice described in such subparagraph before the filing of the action. (ii) Notification.--In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Attorney General at the time the State attorney general files the action. (b) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on such attorney general by the laws of that State to-- (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (c) Venue; Service of Process.-- (1) Venue.--Any action brought under subsection (a) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. (2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- (A) is an inhabitant; or (B) may be found. SEC. 5. EFFECT ON STATE LAW. The provisions of this Act shall supersede any inconsistent provisions of law of any State or unit of local government with respect to the conduct required by the specific provisions of this Act. SEC. 6. EFFECTIVE DATE. This Act shall take effect on the expiration of the date which is 6 months after the date of enactment of this Act.

Notification of Risk to Personal Data Act - Requires any Federal agency or person that owns, licenses, or collects personal information data following the discovery of a breach its personal data security system, or upon receiving notice of a system breach, to notify (as specified) the individual whose information was obtained by an unauthorized person. Requires any agency or person possessing, but not owning or licensing such data, to notify the information owner or licensee of an unauthorized acquisition. Excepts agencies from notification requirements for national security and law enforcement purposes and requires Congress to be immediately notified when such exceptions are made. Sets forth enforcement provisions.

To require Federal agencies, and persons engaged in interstate commerce, in possession of data containing personal information, to disclose any unauthorized acquisition of such information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bountiful City Land Consolidation Act''. SEC. 2. DEFINITIONS. In this Act: (1) City.--The term ``City'' means the City of Bountiful, Utah. (2) Federal land.--The term ``Federal land'' means the land under the jurisdiction of the Secretary identified on the map as ``Shooting Range Special Use Permit Area''. (3) Map.--The term ``map'' means the map entitled ``Bountiful City Land Consolidation Act'' and dated October 15, 2007. (4) Non-federal land.--The term ``non-Federal land'' means the 3 parcels of City land comprising a total of approximately 1,680 acres, as generally depicted on the map. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST, UTAH. (a) In General.--Subject to subsections (c) through (g), if the City of Bountiful, Utah, conveys to the Secretary of Agriculture all right, title, and interest of the City in and to the non-Federal land, the Secretary shall convey to the City all right, title, and interest of the United States in and to the Federal land. (b) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the Forest Service. (c) Valuation and Equalization.-- (1) Valuation.--The value of the Federal land and the non- Federal land to be conveyed under subsection (a)-- (A) shall be equal, as determined by appraisals carried out in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); or (B) if not equal, shall be equalized in accordance with paragraph (2). (2) Equalization.--If the value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section is not equal, the value may be equalized by-- (A) making a cash equalization payment to the Secretary or to the City, as appropriate; or (B) reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate. (d) Applicable Law.--Section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) shall apply to the land exchange authorized under subsection (a), except that the Secretary may accept a cash equalization payment in excess of 25 percent of the value of the Federal land. (e) Conditions.-- (1) Liability.-- (A) In general.--As a condition of the exchange under subsection (a), the Secretary shall-- (i) require that the City-- (I) assume all liability for the shooting range located on the Federal land, including the past, present, and future condition of the Federal land; and (II) hold the United States harmless for any liability for the condition of the Federal land; and (ii) comply with the hazardous substances disclosure requirements of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)). (B) Limitation.--Clauses (ii) and (iii) of section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)(A)) shall not apply to the conveyance of Federal land under subsection (a). (2) Additional terms and conditions.--The land exchange under subsection (a) shall be subject to-- (A) valid existing rights; and (B) such additional terms and conditions as the Secretary may require. (f) Management of Acquired Land.--The non-Federal land acquired by the Secretary under subsection (a) shall be-- (1) added to, and administered as part of, the Wasatch- Cache National Forest; and (2) managed by the Secretary in accordance with-- (A) the Act of March 1, 1911 (commonly known as the Weeks Law; 16 U.S.C. 480 et seq.); and (B) any laws (including regulations) applicable to the National Forest System. (g) Easements; Rights-of-Way.-- (1) Bonneville shoreline trail easement.--In carrying out the land exchange under subsection (a), the Secretary shall ensure that an easement not less than 60 feet in width is reserved for the Bonneville Shoreline Trail. (2) Other rights-of-way.--The Secretary and the City may reserve any other rights-of-way for utilities, roads, and trails that-- (A) are mutually agreed to by the Secretary and the City; and (B) the Secretary and the City consider to be in the public interest. (h) Disposal of Remaining Federal Land.-- (1) In general.--The Secretary may, by sale or exchange, dispose of all, or a portion of, the parcel of National Forest System land comprising approximately 220 acres, as generally depicted on the map that remains after the conveyance of the Federal land authorized under subsection (a), if the Secretary determines, in accordance with paragraph (2), that the land or portion of the land is in excess of the needs of the National Forest System. (2) Requirements.--A determination under paragraph (1) shall be made-- (A) pursuant to an amendment of the land and resource management plan for the Wasatch-Cache National Forest; and (B) after carrying out a public process consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (3) Consideration.--As consideration for any conveyance of Federal land under paragraph (1), the Secretary shall require payment of an amount equal to not less than the fair market value of the conveyed National Forest System land. (4) Relation to other laws.--Any conveyance of Federal land under paragraph (1) by exchange shall be subject to section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). (5) Disposition of proceeds.--Any amounts received by the Secretary as consideration under subsection (c) or paragraph (3) shall be-- (A) deposited in the fund established under Public Law 90-171 (commonly known as the Sisk Act; 16 U.S.C. 484a); and (B) available to the Secretary, without further appropriation and until expended, for the acquisition of land or interests in land to be included in the Wasatch-Cache National Forest. (6) Additional terms and conditions.--Any conveyance of Federal land under paragraph (1) shall be subject to-- (A) valid existing rights; and (B) such additional terms and conditions as the Secretary may require.

Bountiful City Land Consolidation Act - Authorizes the Secretary of Agriculture, if the city of Bountiful, Utah, conveys three parcels of land consisting of a total of approximately 1,680 acres to the Secretary, to convey to the city, in exchange for such land, certain federal land identified as Shooting Range Special Use Permit Area on the map entitled "Bountiful City Land Consolidation Act, " dated October 15, 2007.

To provide for a land exchange with the City of Bountiful, Utah, involving National Forest System land in the Wasatch-Cache National Forest and to further land ownership consolidation in that national forest, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rocky Flats Open Space Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Federal Government, through the Atomic Energy Commission, acquired the Rocky Flats site in 1951 and began operations there in 1952. Since 1992, the mission of the Rocky Flats site has changed from the production of nuclear weapons components to managing wastes and materials and cleaning up and converting the site to beneficial uses in a manner that is safe, environmentally and socially responsible, physically secure, and cost-effective. (2) The buffer zone has generally remained undisturbed since the acquisition of the Rocky Flats site. The buffer zone possesses an impressive diversity of plant and animal species and provides important wildlife habitat for a number of threatened and endangered species. (3) The State of Colorado is experiencing increasing growth and development, especially in the metropolitan Denver Front Range area in the vicinity of the Rocky Flats site. This growth and development reduces the amount of open space and thereby diminishes for many metropolitan Denver communities the vistas of the striking Front Range mountain backdrop. (4) The national interest requires that the ongoing cleanup and closure of the Rocky Flats site be completed without unnecessary delay and that the site thereafter be retained by the United States and managed so as to preserve its value for open space and wildlife habitat. (b) Purpose.--The purpose of this Act is to provide for the management of the buffer zone at the Rocky Flats site as open space and to establish a process for determining and implementing appropriate policies for the management of the Rocky Flats site after the ongoing cleanup and closure is completed. SEC. 3. FUTURE OWNERSHIP AND MANAGEMENT. (a) Federal Ownership.--Unless Congress provides otherwise in an Act enacted after the date of the enactment of this Act, all right, title, and interest of the United States, held on or acquired after the date of the enactment of this Act, to lands within the boundaries of the Rocky Flats site shall be retained by the United States. (b) Open Space Management of Buffer Zone.--(1) Except as provided in paragraph (2), the buffer zone shall be managed as open space. (2) The structures that comprise the former Lindsay Ranch homestead site within the Rock Creek Reserve area of the buffer zone shall be preserved and maintained to protect their historic significance and provide appropriate enjoyment for visitors. (c) Management of Industrial Area.--Subsection (b) shall not be construed to affect the management of the industrial area or to preclude the management of the industrial area as open space after cleanup and closure is completed. SEC. 4. ROCKY FLATS OPEN SPACE ADVISORY COUNCIL. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall establish a council to be known as the Rocky Flats Open Space Advisory Council. (b) Purpose.--The purpose of the Council shall be to examine the options for long-term oversight and management of the Rocky Flats site and to make recommendations for such oversight and management. (c) Duties.--The Council shall-- (1) identify the Federal, State, and local agencies and other entities that could effectively manage the buffer zone to protect its wildlife, wildlife habitat, and open space resources; (2) identify, with respect to the various portions of the buffer zone, the management policies that would be most appropriate, consistent with the protection of the wildlife, wildlife habitat, and open space resources; (3) make recommendations regarding the management of the buffer zone after completion of the cleanup and closure, including the appropriate entity or entities to carry out the management, the appropriate management policies, any appropriate implementing legislation, and any other recommendations that the Council considers appropriate; and (4) make any recommendations regarding the management of the industrial area that the Council considers appropriate. (d) Composition.--The Secretary shall ensure that the membership of the Council includes representatives of appropriate Federal, State, and local entities, including the following: (1) The offices of the Governor and the Attorney General of the State of Colorado. (2) The counties in Colorado of Jefferson and Boulder. (3) The cities in Colorado of Arvada, Boulder, Broomfield, Westminster, Superior, Thornton, Golden, and Northglenn. (4) The Rocky Flats Citizens Advisory Board and the Rocky Flats Coalition of Local Governments. (5) The Department of Public Health and Environment and the Department of Natural Resources of the State of Colorado. (6) The Department of Energy. (7) The United States Fish and Wildlife Service. (8) The Environmental Protection Agency. (e) Chairperson.--The Chairperson of the Council shall be appointed by the Secretary and shall be a member of the Council who is a representative of the Department of Energy. (f) Public Involvement.--The Council shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). The Council's deliberations shall be open to the public, and the Council shall endeavor to seek out and provide opportunities for public input. (g) Report.--Not later than 1 year after the establishment of the Council, the Council shall submit a report to the Secretary, the Governor of the State of Colorado, and the Congress. The report shall contain the identifications and recommendations of the Council under subsection (c). (h) Implementation of Council Recommendations.--Subject to section 5(a) and any other provision of Federal law, the Secretary may, after the submission of the report by the Council under subsection (g), provide for the management of the buffer zone in accordance with the recommendations in that report. SEC. 5. CONTINUATION OF ENVIRONMENTAL CLEANUP AND CLOSURE. (a) Ongoing Cleanup and Closure.--The Secretary shall continue to carry out to completion the cleanup and closure activities at the Rocky Flats site, including any such actions within the buffer zone that are necessary under applicable requirements of Federal or State laws and regulations. (b) Rules of Construction.--(1) Nothing in this Act, and no action taken under this Act, shall relieve the Secretary or any other person from any obligation or other liability with respect to the Rocky Flats site under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the Colorado Hazardous Waste Act (Colo. Rev. Stat. 25-15-301 et seq.), or any other applicable Federal or State law or regulation. (2) This Act shall not be construed to restrict or lessen the degree of cleanup at the Rocky Flats site, including the buffer zone, required under the 1996 Rocky Flats Cleanup Agreement or any other applicable requirements. (3) The level of cleanup at the Rocky Flats site shall not be affected by the requirements of this Act for open space management of the buffer zone, but rather shall be based on considerations of public health and safety. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``Rocky Flats'' or ``Rocky Flats site'' means the Rocky Flats Environmental Technology Site, Colorado. (2) The term ``Rocky Flats map'' means the map of the Rocky Flats site titled ``Rocky Flats Environmental Technology Site, Colorado'' and dated June 1999. (3) The term ``open space'' means an area free of new structures that is managed for its open space characteristics and for its wildlife, wildlife habitat, and potential recreational opportunities. (4) The term ``buffer zone'' means the land within the Rocky Flats site between the industrial area and the boundary of Federal land at the Rocky Flats site, comprising approximately 6,000 acres, as generally depicted on the Rocky Flats map. (5) The term ``industrial area'' means the facilities and structures on the Rocky Flats site that comprise the former nuclear weapons production activities, comprising approximately 385 acres, as generally depicted on the Rocky Flats map. (6) The term ``cleanup and closure'' means the remedial actions and decommissioning activities being undertaken at the Rocky Flats site by the Department of Energy under the 1996 Rocky Flats Cleanup Agreement, the closure plans and baselines, and any other relevant documents. (7) The term ``Secretary'' means the Secretary of Energy. (8) The term ``Council'' means the Rocky Flats Open Space Advisory Council.

Directs the Secretary of Energy to: (1) establish the Rocky Flats Open Space Advisory Council to examine options for long-term oversight and management of the Rocky Flats site and to make recommendations for its oversight and management; (2) ensure that Council membership includes representatives from designated Federal, State, and local entities; and (3) continue implementation of clean-up and closure activities at the site and, if necessary, within the buffer zone.

Rocky Flats Open Space Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Certified Nurse Midwifery Medicare Services Act of 1998''. SEC. 2. MEDICARE PAYMENT FOR CERTIFIED NURSE-MIDWIFE AND MIDWIFE SERVICES. (a) Certified Midwife, Certified Midwife Services Defined.--(1) Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is amended by adding at the end the following new paragraphs: ``(3) The term `certified midwife services' means such services furnished by a certified midwife (as defined in paragraph (4)) and such services and supplies furnished as an incident to the certified midwife's service which the certified midwife is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) as would otherwise be payable under this title if furnished by a physician or as an incident to a physician's service. ``(4) The term `certified midwife' means an individual who has successfully completed a bachelor's degree from an accredited educational institution and a program of study and clinical experience meeting guidelines prescribed by the Secretary, or has been certified by an organization recognized by the Secretary.''. (2) The heading in section 1861(gg) of such Act (42 U.S.C. 1395x(gg)) is amended to read as follows: ``Certified Nurse-Midwife Services; Certified Midwife Services''. (b) Certified Midwife Service Benefit.-- (1) Medical and other services.--Section 1861(s)(2)(L) of such Act (42 U.S.C. 1395x(s)(2)(L)) is amended by inserting ``and certified midwife services'' before the semicolon. (2) Payment to hospital for patients under care of certified nurse-midwife or certified midwife.--Section 1861(e)(4) of such Act (42 U.S.C. 1395x(e)(4)) is amended-- (A) by inserting ``(i)'' after ``except that''; and (B) by inserting before the semicolon the following: ``and (ii) a patient receiving certified nurse-midwife services or certified midwife services (as defined in paragraphs (1) and (3), respectively, of subsection (gg)) may be under the care of a certified nurse-midwife or certified midwife with respect to such services to the extent permitted under State law''. (3) Inpatient hospital service at teaching hospitals.-- Section 1861(b) of such Act (42 U.S.C. 1395x(b)) is amended-- (A) in paragraph (4), by inserting ``certified midwife services,'' after ``certified nurse-midwife services,''; (B) in paragraph (6), by striking ``; or'' and inserting ``or in the case of services in a hospital or osteopathic hospital by an intern or resident-in- training in the field of obstetrics and gynecology, nothing in this paragraph shall be construed to preclude a certified nurse-midwife or certified midwife (as defined in paragraphs (1) and (3), respectively, of subsection (gg)) from teaching or supervising such intern or resident-in-training, to the extent permitted under State law and as may be authorized by the hospital; or''; (C) in paragraph (7), by striking the period at the end and inserting ``; or''; and (D) by adding at the end the following new paragraph: ``(8) a certified nurse-midwife or a certified midwife where the hospital has a teaching program approved as specified in paragraph (6), if (A) the hospital elects to receive any payment due under this title for reasonable costs of such services, and (B) all certified nurse-midwives or certified midwives in such hospital agree not to bill charges for professional services rendered in such hospital to individuals covered under the insurance program established by this title.''. (4) Benefit under part b.--Section 1832(a)(2)(B)(iii) of such Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended-- (A) by inserting ``(I)'' after ``(iii)''; (B) by inserting ``certified midwife services,'' after ``certified nurse-midwife services,''; and (C) by adding at the end the following new subclause: ``(II) in the case of certified nurse- midwife services or certified midwife services furnished in a hospital which has a teaching program described in clause (i)(II), such services may be furnished as provided under section 1842(b)(7)(E) and section 1861(b)(8);''. (5) Amount of payment.--Section 1833(a)(1)(K) of such Act (42 U.S.C. 1395l(a)(1)(K)) is amended-- (A) by inserting ``and certified midwife services'' after ``certified nurse-midwife services''; and (B) by striking ``65 percent'' each place it appears and inserting ``95 percent''. (6) Assignment of payment.--The first sentence of section 1842(b)(6) of such Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and (F)'' and inserting ``(F)''; and (B) by inserting before the period the following: ``, and (G) in the case of certified nurse-midwife services or certified midwife services under section 1861(s)(2)(L), payment may be made in accordance with subparagraph (A), except that payment may also be made to such person or entity (or to the agent of such person or entity) as the certified nurse-midwife or certified midwife may designate under an agreement between the certified nurse-midwife or certified midwife and such person or entity (or the agent of such person or entity)''. (7) Clarification regarding payments under part b for such services furnished in teaching hospitals.--(A) Section 1842(b)(7) of such Act (42 U.S.C. 1395u(b)(7)) is amended-- (i) in subparagraphs (A) and (C), by inserting ``or, for purposes of subparagraph (E), the conditions described in section 1861(b)(8),'' after ``section 1861(b)(7),''; and (ii) by adding at the end the following new subparagraph: ``(E) In the case of certified nurse-midwife services or certified midwife services furnished to a patient in a hospital with a teaching program approved as specified in section 1861(b)(6) but which does not meet the conditions described in section 1861(b)(8), the provisions of subparagraphs (A) through (C) shall apply with respect to a certified nurse-midwife or a certified midwife respectively under this subparagraph as they apply to a physician under subparagraphs (A) through (C).''. (B) Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe regulations to carry out the amendments made by subparagraph (A). SEC. 3. MEDICARE PAYMENT FOR FREESTANDING BIRTH CENTER SERVICES. (a) Freestanding Birth Center Services, Freestanding Birth Center Defined.-- (1) In general.--(A) Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)), as amended in section 2(a)(1), is amended by adding at the end the following new paragraphs: ``(5) The term `freestanding birth center services' means items and services furnished by a freestanding birth center (as defined in paragraph (6)) and such items and services furnished as an incident to the freestanding birth center's service as would otherwise be covered if furnished by a physician or as an incident to a physician's service. ``(6) The term `freestanding birth center' means a facility, institution, or site (other than a rural health clinic, critical access hospital, or a sole community hospital) (A) in which births are planned to occur (outside the mother's place of residence), (B) in which comprehensive health care services are furnished, and (C) which has been approved by the Secretary or accredited by an organization recognized by the Secretary for purposes of accrediting freestanding birth centers. Such term does not include a facility, institution, or site that is a hospital or an ambulatory surgical center, unless with respect to ambulatory surgical centers, the State law or regulation that regulates such centers also regulates freestanding birth centers in the State.''. (B) The heading in section 1861(gg) of such Act (42 U.S.C. 1395x(gg)), as amended in section 2(b)(2), is further amended by adding at the end the following: ``; Freestanding Birth Center Services''. (2) Medical and other services.--Section 1861(s)(2)(L) of such Act (42 U.S.C. 1395x(s)(2)(L)), as amended in section 2(b)(1), is further amended-- (A) by inserting ``(i)'' after ``(L)''; (B) by adding ``and'' after the semicolon; and (C) by adding at the end the following new clause: ``(ii) freestanding birth center services;''. (b) Part B Benefit.-- (1) In general.--Section 1832(a)(2)(B)(iii) of such Act (42 U.S.C. 1395k(a)(2)(B)(iii)), as amended in section 2(b)(4), is further amended by inserting ``freestanding birth center services,'' after ``certified midwife services,''. (2) Amount of payment.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (S)'' and inserting in lieu thereof ``(S)''; and (B) by inserting before the semicolon the following new subparagraph: ``, and (T) with respect to freestanding birth center services under section 1861(s)(2)(L)(ii), the amount paid shall be made on an assignment-related basis, and shall be 80 percent of the lesser of (i) the actual charge for the services or (ii) an amount established by the Secretary for purposes of this subparagraph, such amount being 95 percent of the Secretary's estimate of the average total payment made to hospitals and physicians during 1997 for charges for delivery and pre-delivery visits, such amounts adjusted to allow for regional variations in labor costs; except that (I) such estimate shall not include payments for diagnostic tests, drugs, or the cost associated with the transfer of a patient to the hospital or the physician whether or not separate payments were made under this title for such tests, drugs, or transfers, and (II) such amount shall be updated by applying the single conversion factor for 1998 under section 1848(d)(1)(C)''. SEC. 4. INTERIM, FINAL REGULATIONS. Except as provided in section 2(b)(7)(B), in order to carry out the amendments made by this Act in a timely manner, the Secretary of Health and Human Services may first promulgate regulations, that take effect on an interim basis, after notice and pending opportunity for public comment, by not later than 6 months after the date of the enactment of this Act.

Certified Nurse Midwifery Medicare Services Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to provide for the coverage of and payment for the following under Medicare part B (Supplementary Medical Insurance): (1) certified midwife services (currently only certified nurse-midwife services are covered); and (2) freestanding birth center services. Declares that nothing precludes certified nurse-midwives and certified midwives from teaching or supervising an intern or resident-in-training.

Certified Nurse Midwifery Medicare Services Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chocolate Mountain Aerial Gunnery Range Transfer Act of 2013''. SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION, CHOCOLATE MOUNTAIN AERIAL GUNNERY RANGE, CALIFORNIA. (a) Transfer Required.--The Secretary of the Interior shall transfer to the administrative jurisdiction of the Secretary of the Navy certain public land administered by the Bureau of Land Management in Imperial and Riverside Counties, California, consisting of approximately 226,711 acres, as generally depicted on the map titled ``Chocolate Mountain Aerial Gunnery Range Proposed-Withdrawal'' dated 1987 (revised July 1993), and identified as WESTDIV Drawing No. C- 102370, which was prepared by the Naval Facilities Engineering Command of the Department of the Navy and is on file with the California State Office of the Bureau of Land Management. (b) Valid Existing Rights.--The transfer of administrative jurisdiction under subsection (a) shall be subject to any valid existing rights, including any property, easements, or improvements held by the Bureau of Reclamation and appurtenant to the Coachella Canal. The Secretary of the Navy shall provide for reasonable access by the Bureau of Reclamation for inspection and maintenance purposes not inconsistent with military training. (c) Time for Conveyance.--The transfer of administrative jurisdiction under subsection (a) shall occur pursuant to a schedule agreed to by the Secretary of the Interior and the Secretary of the Navy, but in no case later than the date of the completion of the boundary realignment required by section 4. (d) Map and Legal Description.-- (1) Preparation and publication.--The Secretary of the Interior shall publish in the Federal Register a legal description of the public land to be transferred under subsection (a). (2) Submission to congress.--The Secretary of the Interior shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives-- (A) a copy of the legal description prepared under paragraph (1); and (B) a map depicting the legal description of the transferred public land. (3) Availability for public inspection.--Copies of the legal description and map filed under paragraph (2) shall be available for public inspection in the appropriate offices of-- (A) the Bureau of Land Management; (B) the Office of the Commanding Officer, Marine Corps Air Station Yuma, Arizona; (C) the Office of the Commander, Navy Region Southwest; and (D) the Office of the Secretary of the Navy. (4) Force of law.--The legal description and map filed under paragraph (2) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the legal description or map. (5) Reimbursement of costs.--The transfer required by subsection (a) shall be made without reimbursement, except that the Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to prepare the legal description and map under this subsection. SEC. 3. MANAGEMENT AND USE OF TRANSFERRED LAND. (a) Use of Transferred Land.--Upon the receipt of the land under section 2, the Secretary of the Navy shall administer the land as the Chocolate Mountain Aerial Gunnery Range, California, and continue to authorize use of the land for military purposes. (b) Protection of Desert Tortoise.--Nothing in the transfer required by section 2 shall affect the prior designation of certain lands within the Chocolate Mountain Aerial Gunnery Range as critical habitat for the desert tortoise (Gopherus Agassizii). (c) Withdrawal of Mineral Estate.--Subject to valid existing rights, the mineral estate of the land to be transferred under section 2 are withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral and geothermal leasing laws, for as long as the land is under the administrative jurisdiction of the Secretary of the Navy. (d) Integrated Natural Resources Management Plan.--Not later than one year after the transfer of the land under section 2, the Secretary of the Navy, in cooperation with the Secretary of the Interior, shall prepare an integrated natural resources management plan pursuant to the Sikes Act (16 U.S.C. 670a et seq.) for the transferred land and for land that, as of the date of the enactment of this Act, is under the jurisdiction of the Secretary of the Navy underlying the Chocolate Mountain Aerial Gunnery Range. SEC. 4. REALIGNMENT OF RANGE BOUNDARY AND RELATED TRANSFER OF TITLE. (a) Realignment; Purpose.--The Secretary of the Interior and the Secretary of the Navy shall realign the boundary of the Chocolate Mountain Aerial Gunnery Range, as in effect on the date of the enactment of this Act, to improve public safety and management of the Range, consistent with the following: (1) The northwestern boundary of the Chocolate Mountain Aerial Gunnery Range shall be realigned to the edge of the Bradshaw Trail so that the Trail is entirely on public land under the jurisdiction of the Department of the Interior. (2) The centerline of the Bradshaw Trail shall be delineated by the Secretary of the Interior in consultation with the Secretary of the Navy, beginning at its western terminus at Township 8 South, Range 12 East, Section 6 eastward to Township 8 South, Range 17 East, Section 32 where it leaves the Chocolate Mountain Aerial Gunnery Range. (b) Transfers Related to Realignment.--The Secretary of the Interior and the Secretary of the Navy shall make such transfers of administrative jurisdiction as may be necessary to reflect the results of the boundary realignment carried out pursuant to subsection (a). (c) Applicability of National Environmental Policy Act of 1969.-- The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to any transfer of land made under subsection (b) or any decontamination actions undertaken in connection with such a transfer. (d) Decontamination.--The Secretary of the Navy shall maintain, to the extent funds are available for such purpose and consistent with applicable Federal and State law, a program of decontamination of any contamination caused by defense-related uses on land transferred under subsection (b). The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 2711 of title 10, United States Code. (e) Timeline.--The delineation of the Bradshaw Trail under subsection (a) and any transfer of land under subsection (b) shall occur pursuant to a schedule agreed to by the Secretary of the Interior and the Secretary of the Navy, but in no case later than two years after the date of the enactment of this Act. SEC. 5. EFFECT OF TERMINATION OF MILITARY USE. (a) Notice and Effect.--Upon a determination by the Secretary of the Navy that there is no longer a military need for all or portions of the land transferred under section 2, the Secretary of the Navy shall notify the Secretary of the Interior of such determination. Subject to subsections (b), (c), and (d), the Secretary of the Navy shall transfer the land subject to such a notice back to the administrative jurisdiction of the Secretary of the Interior. (b) Contamination.--Before transmitting a notice under subsection (a), the Secretary of the Navy shall prepare a written determination concerning whether and to what extent the land to be transferred are contaminated with explosive, toxic, or other hazardous materials. A copy of the determination shall be transmitted with the notice. Copies of the notice and the determination shall be published in the Federal Register. (c) Decontamination.--The Secretary of the Navy shall decontaminate any contaminated land that is the subject of a notice under subsection (a) if-- (1) the Secretary of the Interior, in consultation with the Secretary of the Navy, determines that-- (A) decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land); and (B) upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws; and (2) funds are appropriated for such decontamination. (d) Alternative.--The Secretary of the Interior is not required to accept land proposed for transfer under subsection (a) if the Secretary of the Interior is unable to make the determinations under subsection (c)(1) or if Congress does not appropriate a sufficient amount of funds for the decontamination of the land. SEC. 6. TEMPORARY EXTENSION OF EXISTING WITHDRAWAL PERIOD. Notwithstanding subsection (a) of section 806 of the California Military Lands Withdrawal and Overflights Act of 1994 (title VIII of Public Law 103-433; 108 Stat. 4505), the withdrawal and reservation of the land transferred under section 2 of this Act shall not terminate until the date on which the land transfer required by section 2 is executed. SEC. 7. WATER RIGHTS. (a) Water Rights.--Nothing in this Act shall be construed-- (1) to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this Act; or (2) to authorize the appropriation of water on lands transferred by this Act except in accordance with applicable State law. (b) Effect on Previously Acquired or Reserved Water Rights.--This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.

Chocolate Mountain Aerial Gunnery Range Transfer Act of 2013 - Directs the Secretary of the Interior to transfer to the Secretary of the Navy administrative jurisdiction over certain public lands in Imperial and Riverside Counties, California, for inclusion within the Chocolate Mountain Aerial Gunnery Range. Withdraws the mineral estate of such land from all forms of appropriation under the public land laws, including the mining laws and the mineral and geothermal leasing laws, for as long as the land is under the administrative jurisdiction of the Secretary of the Navy. Requires the Secretary of the Navy to prepare an integrated natural resources management plan with respect to the transferred lands. Requires the Secretary of the Navy, upon determining that there is no longer a military need for the lands transferred, to transfer such lands back to the Secretary of the Interior. Requires appropriate land decontamination preceding the retransfer. Amends the California Military Lands Withdrawal and Overflights Act of 1994 to extend a land withdrawal and reservation period consistent with the above transfer. Provides that nothing in this Act shall affect existing water rights on the transferred lands.

Chocolate Mountain Aerial Gunnery Range Transfer Act of 2013

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Farm-To-Cafeteria Projects Act of 2003''. SEC. 2. GRANTS TO SUPPORT FARM-TO-CAFETERIA PROJECTS. Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C.1760) is amended by adding at the end the following: ``(q) Grants to Support Farm-To-Cafeteria Projects.-- ``(1) In general.--To improve access to local foods in schools and institutions receiving funds under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other than section 17 of that Act (42 U.S.C. 1786)), the Secretary shall provide competitive grants to nonprofit entities and educational institutions to establish and carry out farm-to- cafeteria projects under paragraph 2. ``(2) Project requirements.--Farm-to-cafeteria projects eligible to receive assistance under this subsection shall be projects designed to-- ``(A) procure local foods from small and medium- sized farms for the provision of foods for school meals; ``(B) support nutrition education activities or curriculum planning that incorporates the participation of school children in farm and agriculture education projects; and ``(C) develop a sustained commitment to farm-to- cafeteria projects in the community by linking schools, agricultural producers, parents, and other community stakeholders. ``(3) Technical assistance and related information.-- ``(A) Technical assistance.--In carrying out this subsection, the Secretary may provide technical assistance regarding farm-to-cafeteria projects, processes, and development to an entity seeking the assistance. ``(B) Sharing of information.--The Secretary may provide for the sharing of information concerning farm- to-cafeteria projects and issues among and between government, private for-profit and nonprofit groups, and the public through publications, conferences, and other appropriate means. ``(4) Grants.-- ``(A) In general.--From amounts made available to carry out this subsection, the Secretary shall make grants to assist private non-profit entities and educational institutions to establish and carry out farm-to-cafeteria projects. ``(B) Maximum amount.--The maximum amount of a grant provided to an entity under this subsection shall be $100,000. ``(C) Matching funds requirements.-- ``(i) In general.--The Federal share of the cost of establishing or carrying out a farm-to- cafeteria project that receives assistance under this subsection may not exceed 75 percent of the cost of the project during the term of the grant, as determined by the Secretary. ``(ii) Form.--In providing the non-Federal share of the cost of carrying out a farm-to- cafeteria project, the grantee shall provide the share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services. ``(iii) Source.--An entity may provide the non-Federal share through State or local government, or through private sources. ``(D) Administration.-- ``(i) Single grant.--A farm-to-cafeteria project may be supported by only a single grant under this subsection. ``(ii) Term.--The term of a grant made under this subsection may not exceed 3 years. ``(5) Evaluation.--Not later than January 30, 2008, the Secretary shall-- ``(A) provide for the evaluation of the projects funded under this subsection; and ``(B) submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the results of the evaluation. ``(6) Authorization of appropriations.--There are authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2004 through 2009 to carry out this subsection, to remain available until expended.''.

Farm-To-Cafeteria Projects Act of 2003 - Amends the Richard B. Russell National School Lunch Act (NSLA) to direct the Secretary of Agriculture to make competitive grants to private nonprofit entities and educational institutions to establish and carry out Farm-to-Cafeteria projects to improve access to local foods in schools and institutions receiving funds under NSLA and the Child Nutrition Act of 1966 (CNA) (except the special supplemental program for women, infants, and children (WIC) which already has a WIC Farmers Market Nutrition program). Requires such projects to be designed to: (1) procure local foods from small and medium-sized farms to provide foods for school meals; (2) support nutrition education activities or curriculum planning incorporating school children's participation in farm and agriculture education projects; and (3) develop a sustained commitment to farm-to-cafeteria projects in the community by linking schools, agricultural producers, parents, and other community stakeholders.

To amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to improve certain child nutrition programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear and Radiological Terrorism Threat Reduction Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) It is feasible for terrorists to obtain and to disseminate radioactive material using a radiological dispersion device (RDD), or by emplacing discrete radioactive sources in major public places. (2) It is not difficult for terrorists to improvise a nuclear explosive device of significant yield once they have acquired the fissile material, highly enriched uranium, or plutonium, to fuel the weapon. (3) An attack by terrorists using a radiological dispersion device, lumped radioactive sources, an improvised nuclear device (IND), or a stolen nuclear weapon is a plausible event. (4) Such an attack could cause catastrophic economic and social damage and could kill large numbers of Americans. (5) The first line of defense against both nuclear and radiological terrorism is preventing the acquisition of radioactive sources, special nuclear material, or nuclear weapons by terrorists. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--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. (2) Byproduct material.--The term ``byproduct material'' has the same meaning given the term in section 11 e. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)). (3) IAEA.--The term ``IAEA'' means the International Atomic Energy Agency. (4) Independent states of the former soviet union.--The term ``independent states of the former Soviet Union'' has the meaning given the term in section 3 of the FREEDOM Support Act (22 U.S.C. 5801). (5) Nuclear explosive device.--The term ``nuclear explosive device'' means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). (6) Radiological dispersion device.--The term ``radiological dispersion device'' is any device meant to spread or disperse radioactive material by the use of explosives or otherwise. (7) Radioactive material.--The term ``radioactive material'' means-- (A) source material and special nuclear material, but does not include natural or depleted uranium; (B) nuclear by-product material; (C) material made radioactive by bombardment in an accelerator; and (D) all refined isotopes of radium. (8) Radioactive source.--The term ``radioactive source'' means radioactive material that is permanently sealed in a capsule or closely bonded and includes any radioactive material released if the source is leaking or stolen, but does not include any material within the nuclear fuel cycle of a research or power reactor. (9) Radioisotope thermal generator.--The term ``radioisotope thermal generator'' or ``RTG'' means an electrical generator which derives its power from the heat produced by the decay of a radioactive source by the emission of alpha, beta, or gamma radiation. The term does not include nuclear reactors deriving their energy from the fission or fusion of atomic nuclei. (10) Secretary.--The term ``Secretary'' means the Secretary of State. (11) Source material.--The term ``source material'' has the meaning given that term in section 11 z. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(z)). (12) Special nuclear material.--The term ``special nuclear material'' has the meaning given that term in section 11 aa. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)). SEC. 4. INTERNATIONAL REPOSITORIES. (a) Authority.--The Secretary, acting through the United States Permanent Representative to the IAEA, is authorized to propose that the IAEA conclude agreements with up to five countries under which each country would provide temporary secure storage for orphaned, unused, surplus, or other radioactive sources other than special nuclear material, nuclear fuel, or spent nuclear fuel. (b) Voluntary Contributions Authorized.-- (1) In general.--The Secretary is authorized to make a voluntary contribution to the IAEA to fund the United States share of the program authorized by subsection (a) if the IAEA agrees to protect sources under the standards of the United States or IAEA code of conduct, whichever is stricter. (2) Fiscal year 2003.--The United States share of the costs of the program described in subsection (a) is authorized to be 100 percent for fiscal year 2003. (c) Technical Assistance.--The Secretary is authorized to provide the IAEA, through contracts with the Department of Energy or the Nuclear Regulatory Commission, with technical assistance to carry out the program described in subsection (a). (d) Nonapplicability of NEPA.--The National Environmental Policy Act shall not apply to any activity conducted under this section. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated for the Department of State $5,000,000 for fiscal year 2003 and $20,000,000 for each fiscal year thereafter to carry out this section. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 5. RADIOACTIVE SOURCE DISCOVERY, INVENTORY, AND RECOVERY. (a) Authority.--The Secretary is authorized to make United States voluntary contributions to the IAEA to support a program to promote radioactive source discovery, inventory, and recovery. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Department of State $5,000,000 for each of the fiscal years 2003 through 2012 to carry out subsection (a). (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 6. RADIOISOTOPE THERMAL GENERATOR-POWERED FACILITIES IN THE INDEPENDENT STATES OF THE FORMER SOVIET UNION. (a) RTG Power Units.--The Secretary is authorized to assist the Government of the Russian Federation to substitute solar (or other non- nuclear) power sources to replace RTG power units operated by the Russian Federation and other independent states of the former Soviet Union in applications such as lighthouses in the Arctic, remote weather stations, unattended sensors, and for providing electricity in remote locations. Any replacement shall, to the maximum extent practicable, be based upon tested technologies that have operated for at least one full year in the environment where the replacement will be used. (b) Allocation of Funds.--Of the funds made available to carry out this section, the Secretary may use not more than 20 percent of the funds in any fiscal year to replace dangerous RTG facilities that are similar to those described in subsection (a) in countries other than the independent states of the former Soviet Union. (c) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Department of State $10,000,000 for each of the fiscal years 2003, 2004, and 2005 to carry out this section. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 7. FOREIGN FIRST RESPONDERS. (a) In General.--The Secretary is authorized to conclude an agreement with a foreign country, or, acting through the United States Permanent Representative to the IAEA, to propose that the IAEA conclude an agreement with that country, under which that country will carry out a program to train first responders to-- (1) detect, identify, and characterize radioactive material; (2) understand the hazards posed by radioactive contamination; (3) understand the risks encountered at various dose rates; (4) enter contaminated areas safely and speedily; and (5) evacuate persons within a contaminated area. (b) United States Participation.--The Department of State is hereby designated as the lead Federal entity for cooperation with the IAEA in implementing subsection (a) within the United States. In carrying out activities under this subsection the Secretary of State shall take into account the findings of the threat assessment report required by section 8 and the location of the interim storage facilities under section 4. (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Department of State $2,000,000 for fiscal year 2003, $5,000,000 for fiscal year 2004, and $5,000,000 for fiscal year 2005 to carry out this section. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 8. THREAT ASSESSMENT REPORT. (a) In General.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees-- (1) detailing the preparations made at United States diplomatic missions abroad to detect and mitigate a radiological attack on United States missions and other United States facilities under the control of the Secretary; and (2) setting forth a rank-ordered list of the Secretary's priorities for improving radiological security and consequence management at United States missions, including a rank-ordered list of the missions where such improvement is most important. (b) Budget Request.--The report shall also include a proposed budget for the improvements described in subsection (a)(2). (c) Form of Submission.--The report shall be unclassified with a classified annex if necessary. SEC. 9. SPECIAL REPRESENTATIVE FOR INSPECTIONS OF NUCLEAR AND RADIOLOGICAL MATERIALS. Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the end the following new subsection: ``(h) Special Representative for Inspections of Nuclear and Radiological Materials.-- ``(1) Establishment of position.--There shall be within the Bureau of the Department of State primarily responsible for nonproliferation matters a Special Representative for Inspections of Nuclear and Radiological Materials (in this subsection referred to as the `Special Representative'), who shall be appointed by the President, by and with the advice and consent of the Senate. The Special Representative shall have the rank and status of ambassador. ``(2) Responsibilities.--The Special Representative shall have the primary responsibility within the Department of State for assisting the Secretary of State in negotiating international agreements that ensure inspection of cargoes of nuclear and radiological materials destined for the United States at ports of embarkation, and such other agreements as may control radioactive materials. ``(3) Cooperation with united states customs service.--In carrying out the negotiations described in paragraph (2), the Special Representative shall cooperate with, and accept the assistance and participation of, appropriate officials of the United States Customs Service.''. SEC. 10. RESEARCH AND DEVELOPMENT GRANTS. (a) In General.--Subject to the availability of appropriations, there is established a program under which the Director of the National Science Foundation shall award grants for university-based research into the detection of fissile materials, identification of radioactive isotopes in real time, the protection of sites from attack by radiological dispersion device, mitigation of consequences of such an attack, and attribution of materials used in attacks by radiological dispersion device or by improvised nuclear devices. Such grants shall be available only to investigators at baccalaureate and doctoral degree granting academic institutions. In carrying out the program, the Director of the National Science Foundation shall consult about this program with the Secretary of Energy in order to minimize duplication and increase synergies. The consultation shall also include consideration of the use of the Department of Energy to develop promising basic ideas into field-ready hardware. The Secretary of Energy shall work with the national laboratories and industry to develop field-ready prototype detectors. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the National Science Foundation $10,000,000, and to the Department of Energy $5,000,000, to carry out this section in fiscal years 2003 through 2008. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 11. STUDY AND REPORTS BY THE NATIONAL ACADEMY OF SCIENCES. (a) Study.--Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Chairman of the Nuclear Regulatory Commission, acting through a contract with the National Academy of Sciences, shall conduct a study of the use of radioactive sources in industry and of potential substitutes for those sources. (b) Reports.--Not later than six months after entry into the contract referred to in subsection (a), the National Academy of Sciences shall submit an initial report to the Secretary and the appropriate congressional committees and, not later than three months after submission of the initial report, shall submit to the Secretary and those committees a final report.

Nuclear and Radiological Terrorism Threat Reduction Act of 2002 - Authorizes the Secretary of State to propose that the International Atomic Energy Agency (IAEA) conclude agreements with up to five countries under which each country would provide temporary secured storage for orphaned, unused, surplus, or other radioactive material sources other than special nuclear material, nuclear fuel, or spent nuclear fuel.Authorizes the Secretary to: (1) make U.S. voluntary contributions to the IAEA for a program to provide radioactive source discovery, inventory, and recovery; (2) assist the Government of the Russian Federation to substitute solar power sources to replace radioisotope thermal generator powered units operated by the Federation and other independent states of the former Soviet Union in applications such as lighthouses, remote weather stations, unattended sensors, and remote electricity; and (3) conclude an agreement under which a foreign country would train first responders in the detection and characterization of radioactive material and contaminated areas.Amends the State Department Basic Authorities Act of 1956 to establish a Special Representative for Inspections of Nuclear and Radiological Materials for negotiating international agreements that ensure inspection of cargoes of nuclear and radiological materials destined for the United States.Establishes a program of research and development grants concerning the detection and identification of fissile and radioactive materials.Requires a study of the use of radioactive sources in industry and of potential substitutes for those sources.

A bill to authorize the Secretary of State to undertake measures in support of international programs to detect and prevent acts of nuclear or radiological terrorism, to authorize appropriations to the Department of State to carry out those measures, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Facilitating Access to Speedy Transmissions for Networks, E-commerce, and Telecommunications Act'' or the ``FASTNET Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Telecommunications Act of 1996 was enacted to foster the rapid deployment of advanced telecommunications and information technologies and services to all Americans by promoting competition and reducing regulation in telecommunications markets nationwide. (2) The Telecommunications Act of 1996 specifically recognized the unique abilities and circumstances of local exchange carriers with fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide. (3) Given the markets two percent carriers typically serve, such carriers are uniquely positioned to accelerate the deployment of advanced services and competitive initiatives for the benefit of consumers in less densely populated regions of the Nation. (4) Existing regulations are typically tailored to the circumstances of larger carriers and therefore often impose disproportionate burdens on two percent carriers, impeding such carriers' deployment of advanced telecommunications services and competitive initiatives to consumers in less densely populated regions of the Nation. (5) Reducing regulatory burdens on two percent carriers will enable such carriers to devote additional resources to the deployment of advanced services and to competitive initiatives to benefit consumers in less densely populated regions of the Nation. (6) Reducing regulatory burdens on two percent carriers will increase such carriers' ability to respond to marketplace conditions, allowing them to accelerate deployment of advanced services and competitive initiatives to benefit consumers in less densely populated regions of the Nation. (b) Purposes.--The purposes of this Act are-- (1) to accelerate the deployment of advanced services and the development of competition in the telecommunications industry for the benefit of consumers in all regions of the Nation, consistent with the Telecommunications Act of 1996, by reducing regulatory burdens on local exchange carriers with fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide; (2) to improve such carriers' flexibility to undertake such initiatives; and (3) to allow such carriers to redirect resources from paying the costs of such regulatory burdens to increasing investment in such initiatives. SEC. 3. DEFINITION. Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended by adding at the end thereof the following: ``(53) Two percent carrier.--The term `two percent carrier' means a local exchange carrier with fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide, within the meaning of section 251(f)(2) and that meets the requirements of section 251(h).''. SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS. Title II of the Communications Act of 1934 is amended by adding at the end thereof a new Part IV as follows: ``PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS ``SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS. ``(a) Commission To Take Into Account Differences.--In adopting rules that apply to incumbent local exchange carriers, the Commission shall adopt separate and less burdensome regulatory, compliance, or reporting requirements, or exemptions from such requirements, or both, for two percent carriers that take into account the more limited resources available to such carriers and the greater burden such rules impose on such carriers and their customers. ``(b) Effect of Reconsideration or Waiver.--If the Commission adopts a rule that applies to incumbent local exchange carriers and does not adopt such separate and less burdensome regulatory, compliance, or reporting requirements, or exemptions from such requirements, for two percent carriers and if a two percent carrier or carriers seek a waiver or reconsideration of the rule as adopted in accordance with the Commission's rules, the Commission shall not enforce the rule against such carrier or carriers unless and until the Commission adopts separate and less burdensome requirements or exemptions in accordance with subsection (a). ``(c) Additional Regulation Not Required.--Nothing in this section shall be construed to require the Commission to adopt regulatory, compliance, or reporting requirements of any kind for two percent carriers where none currently exist. Nothing in this section shall be construed to require any additional regulation to be imposed on commercial mobile radio service. ``(d) Savings Clause.--Nothing in this section shall be construed to prohibit any size-based differentiation among carriers mandated by this Act, the Regulatory Flexibility Act, the Commission's rules, or any other provision of law. ``(e) Effective Date.--The provisions of this section shall apply with respect to any rule adopted on or after the date of enactment of this section. ``SEC. 282. LIMITATION OF REPORTING REQUIREMENTS. ``The Commission shall not require a two percent carrier-- ``(1) to file cost allocation manuals or to have audited or attested such manuals; or ``(2) to file Automated Reporting and Management Information Systems (ARMIS). ``SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS. ``The Commission shall not adopt or enforce any regulation the purpose or effect of which is to impair the ability of a two percent carrier to integrate its operations in one or more entities, at its discretion. Such operations may include the provision of common carrier and noncommon carrier services, including local and interexchange services, commercial mobile radio services, advanced services within the meaning of section 706 of the Telecommunications Act of 1996, paging, Internet, information or other enhanced services, or other services. The Commission shall not require companies to which this paragraph applies to maintain separate officers, directors, or other personnel, network facilities, buildings, research and development departments, books of account, financing, marketing, provisioning, or other operations. ``SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION. ``(a) NECA Pool.--The participation or withdrawal from participation by a two percent carrier of one or more study areas in the common line tariff administered and filed by the National Exchange Carrier Association or any successor tariff or administrator shall not obligate such carrier to participate or withdraw from participation in such tariff for any other study area. ``(b) Price Cap Regulation.--A two percent carrier may elect to be regulated by the Commission under price cap rate regulation, or elect to withdraw from such regulation, for one or more of its study areas at any time. The Commission shall not require a carrier making an election under this paragraph with respect to any study area or areas to make the same election for any other study area. ``SEC. 285. REVIEW OF MERGERS. ``Except as required by section 310(f), the Commission shall have no authority to approve, disapprove, delay, condition, or modify the terms of any merger between two percent carriers or their affiliates, or any acquisition, directly or indirectly, by a two percent carrier or its affiliate of the securities or assets of another two percent carrier or its affiliate, if after the merger, the resulting entry would still be a two percent carrier. ``SEC. 286. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO PERCENT COMPANIES. ``Two percent carriers shall be permitted to introduce new interstate telecommunications services by filing a tariff on one day's notice showing the charges, classifications, regulations and practices therefor, without obtaining a waiver, or make any other showing before the Commission in advance of the tariff filing. The Commission shall not have authority to approve or disapprove the rate structure for such services shown in such tariff. ``SEC. 287. ENTRY OF COMPETING CARRIER. ``(a) Pricing Flexibility.--Notwithstanding any other provision of this Act, any two percent carrier shall be permitted to deaverage its interstate switched or special access rates, file tariffs on one day's notice and file contract-based tariffs for interstate switched or special access services immediately upon certifying to the Commission that a telecommunications carrier unaffiliated with such carrier has engaged in facilities-based entry or resale-based entry within such carrier's service area. ``(b) Pricing Deregulation.--Notwithstanding any other provision of this Act, the Commission shall have no authority to regulate the rates for interstate services provided by a two percent carrier immediately upon certifying to the Commission by such carrier that a local exchange carrier that is not a two percent carrier has engaged in facilities- based entry within such two percent carrier's service area. ``(c) Participation in Exchange Carrier Association Tariff.--A two percent carrier that meets the requirements of subsection (a) or (b) of this section with respect to one or more study areas shall be permitted to participate in the common line tariff administered and filed by the National Exchange Carrier Association or any successor tariff or administrator, by electing to include one or more of its study areas in such tariff. ``(d) Definitions.--For purposes of this section: ``(1) Facilities-based entry.--The term `facilities-based entry' means, within the service area of a two percent carrier-- ``(A) the provision or procurement of local telephone exchange switching capability; and ``(B) the provision of local exchange service to at least one unaffiliated customer. ``(2) Resale-based entry.--The term `resale-based entry' means, within the service area of a two percent carrier, the provision of telecommunications service using resale offered under section 251(c). ``(3) Contract-based tariff.--The term `contract-based tariff' shall mean a tariff based on a service contract entered into between a two percent carrier and one or more customers of such carrier. Such tariff shall include-- ``(A) the term of the contract, including any renewal options; ``(B) a brief description of each of the services provided under the contract; ``(C) minimum volume commitments for each service, if any; ``(D) the contract price for each service or services at the volume levels committed to by the customer or customers; ``(E) a brief description of any volume discounts built into the contract rate structure; and ``(F) a general description of any other classifications, practices, and regulations affecting the contract rate. ``(4) Service area.--The term `service area' has the same meaning as in section 214(e)(5). ``SEC. 288. SAVINGS PROVISION. ``Nothing in this part shall be construed to diminish the rights of rural telephone companies otherwise accorded by this Act, or the rules, policies, procedures, guidelines, and standards of the Commission as of the date of enactment of this section.''. SEC. 5. LIMITATION ON MERGER REVIEW. (a) Amendment.--Section 310 of the Communications Act of 1934 (47 U.S.C. 310) is amended by adding at the end the following: ``(f) Deadline for Making Public Interest Determination.-- ``(1) Time limit.--In connection with any merger between two percent carriers, or the acquisition, directly or indirectly, by a two percent carrier or its affiliate of the securities or assets of another two percent carrier or its affiliate, the Commission shall make the determination required by subsection (d) of this section not later than 45 days after the date the application is submitted to the Commission. ``(2) Approval absent action.--If the Commission does not approve or deny an application as described in paragraph (1) by the end of the period specified, the application shall be deemed approved on the day after the end of such period. Any such application deemed approved under this subsection shall be deemed approved without conditions.''. (b) Effective Date.--The provisions of this section shall apply with respect to any application that is submitted to the Commission on or after the date of enactment of this Act. Applications pending with the Commission on the date of enactment of this Act shall be subject to the requirements of this section as if they had been filed with the Commission on the date of enactment of this Act. SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR WAIVER. (a) Amendment.--Section 405 of the Communications Act of 1934 (47 U.S.C. 405) is amended by adding to the end the following: ``(c) Expedited Action Required.-- ``(1) Time limit.--Within 90 days after receiving from a two percent carrier a petition for reconsideration filed under this section or a petition for waiver of a rule, policy, or other Commission requirement, the Commission shall issue an order granting or denying such petition. If the Commission fails to act on a petition for waiver subject to the requirements of this section within this 90-day period, the relief sought in such petition shall be deemed granted. If the Commission fails to act on a petition for reconsideration subject to the requirements of this section within this 90 day period, the Commission's enforcement of any rule the reconsideration of which was specifically sought by the petitioning party shall be stayed with respect to that party until the Commission issues an order granting or denying such petition. ``(2) Finality of action.--Any order issued under paragraph (1), or any grant of a petition for waiver that is deemed to occur as a result of the Commission's failure to act under paragraph (1), shall be a final order and may be appealed.''. (b) Effective Date.--The provisions of this section shall apply with respect to any petition for reconsideration or petition for waiver that is submitted to the Commission on or after the date of enactment of this Act. Pending petitions for reconsideration or petitions for waiver shall be subject to the requirements of this section as if they had been filed on the date of enactment of this Act.

Directs the Federal Communications Commission (FCC), in adopting rules that apply to incumbent local exchange carriers, to adopt separate and less burdensome rules and requirements for two percent carriers which take into account the more limited resources available to such carriers and the greater burden such rules impose on such carriers and their customers. Authorizes a two percent carrier to seek a waiver or reconsideration of an adopted rule which does not impose less burdensome rules and requirements upon such carriers. Prohibits the FCC from requiring a two percent carrier to file cost allocation manuals or Automated Reporting and Management Information Systems. Prohibits the FCC from adopting or enforcing any regulation which impairs the ability of a two percent carrier to integrate its operations in one or more entities, at its discretion. States that the participation or withdrawal from participation by a two percent carrier of one or more study areas in the common line tariff administered and filed by the National Exchange Carrier Association (NECA) or any successor tariff or administrator shall not obligate such carrier to participate or withdraw from participation in such tariff for any other study area. Authorizes a two percent carrier to elect to be regulated by the FCC under price cap regulation, or to withdraw from such regulation, for one or more of its study areas at any time. Prohibits the FCC from reviewing any mergers or acquisitions between two percent carriers or their affiliates. Permits two percent carriers to introduce new telecommunications services by filing a tariff on one day's notice, without making any other showing before the FCC in advance of such filing. Allows any two percent carrier to de-average its interstate switched or special rates and file contract-based tariffs for interstate switched or special access services immediately upon certifying to the FCC that an unaffiliated carrier has engaged in facilities- or resale-based entry within such carrier's service area. Prohibits the FCC from regulating the rates charged by a two percent carrier after such certification. Allows such a carrier to participate in the common line tariff administered and filed by the NECA or any successor tariff or administrator by electing to include one or more of its study areas in such tariff. Requires the FCC to determine: (1) within 45 days after application that the public interest, convenience, and necessity will be served by a merger or acquisition between two percent carriers; and (2) within 90 days a petition by a two percent carrier for reconsideration or waiver of a rule, policy, or other FCC requirement (as authorized under this Act).

FASTNET Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Peck Reservation Rural Water System Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) there are insufficient water supplies available to residents of the Fort Peck Indian Reservation in Montana, and the water systems that are available do not meet minimum health and safety standards and therefore pose a threat to public health and safety; (2) the United States has a trust responsibility to ensure that adequate and safe water supplies are available to meet the economic, environmental, water supply, and public health needs of the Fort Peck Indian Reservation; and (3) the best available, reliable, and safe rural and municipal water supply to serve the needs of the Fort Peck Indian Reservation is the Missouri River. (b) Purposes.--The purposes of this Act are-- (1) to ensure a safe and adequate municipal, rural, and industrial water supply for the residents of the Fort Peck Indian Reservation in Montana; and (2) to assist the citizens of Roosevelt, Sheridan, Daniels, and Valley Counties, Montana, outside the Fort Peck Indian Reservation, in developing safe and adequate municipal, rural, and industrial water supplies. SEC. 3. DEFINITIONS. In this Act: (1) Counties water system.--The term ``Counties Water System'' means the Roosevelt, Sheridan, Daniels, and Valley Counties Rural Water System authorized by section 5. (2) Fort peck tribe.--The term ``Fort Peck tribe'' means the Assiniboine Indian Tribe or the Sioux Indian Tribe within the Fort Peck Indian Reservation. (3) Fort peck water system.--The term ``Fort Peck Water System'' means the Fort Peck Reservation Rural Water System authorized by section 4. (4) Pick-sloan.--The term ``Pick-Sloan'' means the Pick- Sloan Missouri River Basin Program authorized by section 9 of the Act of December 22, 1944 (58 Stat. 891, chapter 665) (commonly known as the ``Flood Control Act of 1944''). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. FORT PECK RESERVATION RURAL WATER SYSTEM. (a) Authorization.--The Secretary shall plan, design, construct, operate, maintain, and replace a municipal, rural, and industrial water system, to be known as the ``Fort Peck Reservation Rural Water System'', as generally described in the report entitled ``Technical Report for the Fort Peck Reservation Rural Water System'' and dated July 1995. (b) Components.--The Fort Peck Water System shall consist of-- (1) pumping and treatment facilities located along the Missouri River near Poplar, Montana; (2) pipelines extending from the Missouri River near Poplar, Montana, throughout the Fort Peck Indian Reservation; (3) facilities to allow for future interconnections to areas outside the Fort Peck Indian Reservation, including the communities of Plentywood, Scobey, Flaxville, and Culbertson, Montana; (4) distribution and treatment facilities to serve the needs of the Fort Peck Indian Reservation, including-- (A) water systems in existence on the date of enactment of this Act that may be purchased, improved, and repaired in accordance with the cooperative agreement under subsection (c); and (B) water systems owned by individual tribal members and other residents of the Fort Peck Indian Reservation; (5) appurtenant buildings and access roads; (6) all property and property rights necessary for the facilities described in this subsection; (7) electrical power transmission and distribution facilities necessary for services to Fort Peck Water System facilities; and (8) such other pipelines, pumping plants, and facilities as the Secretary determines to be appropriate to meet the water supply, economic, public health, and environmental needs of the Fort Peck Indian Reservation, including water storage tanks, water lines, and other facilities for the Fort Peck tribes and the villages, towns, and municipalities in the Fort Peck Indian Reservation. (c) Cooperative Agreement.-- (1) In general.--The Secretary shall enter into a cooperative agreement with the Fort Peck Tribal Executive Board for planning, designing, constructing, operating, maintaining, and replacing the Fort Peck Water System. (2) Mandatory provisions.--The cooperative agreement under paragraph (1) shall specify, in a manner that is acceptable to the Secretary and the Fort Peck Tribal Executive Board-- (A) the responsibilities of each party to the agreement for-- (i) needs assessment, feasibility, and environmental studies; (ii) engineering and design; (iii) construction; (iv) water conservation measures; and (v) administration of contracts relating to performance of the activities described in clauses (i) through (iv); (B) the procedures and requirements for approval and acceptance of the design and construction; and (C) the rights, responsibilities, and liabilities of each party to the agreement. (3) Optional provisions.--The cooperative agreement under paragraph (1) may include provisions relating to the purchase, improvement, and repair of water systems in existence on the date of enactment of this Act, including systems owned by individual tribal members and other residents of the Fort Peck Indian Reservation. (4) Termination.--The Secretary may terminate a cooperative agreement under paragraph (1) if the Secretary determines that-- (A) the quality of construction does not meet all standards established for similar facilities constructed by the Secretary; or (B) the operation and maintenance of the Fort Peck Water System does not meet conditions acceptable to the Secretary that are adequate to fulfill the obligations of the United States to the Fort Peck tribes. (5) Transfer.--On execution of a cooperative agreement under paragraph (1), in accordance with the cooperative agreement, the Secretary may transfer to the Fort Peck tribes, on a nonreimbursable basis, funds made available for the Fort Peck Water System under section 7. (d) Service Area.--The service area of the Fort Peck Water System shall be-- (1) the area within the boundaries of the Fort Peck Indian Reservation; and (2) the service area of the Counties Water System described in section 5(d). (e) Construction Requirements.--The components of the Fort Peck Water System shall be planned and constructed to a size sufficient to meet the municipal, rural, and industrial water supply requirements of the service area of the Fort Peck Water System described in subsection (d). (f) Title to Fort Peck Water System.--Title to the Fort Peck Water System shall be held in trust by the United States for the Fort Peck tribes and shall not be transferred unless a transfer is authorized by an Act of Congress enacted after the date of enactment of this Act. (g) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for construction of the Fort Peck Water System until-- (1) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the Fort Peck Water System; and (2) a final engineering report for the Fort Peck Water System is approved by the Secretary. (h) Technical Assistance.--The Secretary shall provide such technical assistance as is necessary to enable the Fort Peck tribes to plan, design, construct, operate, maintain, and replace the Fort Peck Water System, including operation and management training. (i) Application of Indian Self-Determination Act.--Planning, design, construction, operation, maintenance, and replacement of the Fort Peck Water System within the Fort Peck Indian Reservation shall be subject to the Indian Self-Determination Act (25 U.S.C. 450f et seq.). (j) Use of Pick-Sloan Power.-- (1) In general.--The Fort Peck Water System shall use power from Pick-Sloan for operation. The use of the power shall be considered to be a project use pumping requirement of Pick- Sloan. (2) Reservation of power.--Power identified for future project use pumping shall be reserved for and made available for the purpose authorized by paragraph (1). (3) Rate.--The rate for project use power made available under paragraph (2) shall be the wholesale firm power rate for Pick-Sloan (Eastern Division) in effect at the time at which the power is sold. (4) Additional power.-- (A) In general.--If power in addition to that made available under paragraph (2) is required to meet the pumping requirements of the service area of the Fort Peck Water System described in subsection (d), the Administrator of the Western Area Power Administration may purchase the necessary additional power under such terms and conditions as the Administrator determines to be appropriate. (B) Recovery of expenses.--Expenses associated with power purchases under subparagraph (A) shall be recovered through a separate power charge, sufficient to recover the expenses, applied to the Fort Peck Water System. SEC. 5. ROOSEVELT, SHERIDAN, DANIELS, AND VALLEY COUNTIES RURAL WATER SYSTEM. (a) Planning and Construction.-- (1) Authorization.--The Secretary shall enter into a cooperative agreement with appropriate non-Federal entities to provide Federal funds for the planning, design, and construction of the Roosevelt, Sheridan, Daniels, and Valley Counties Rural Water System in Roosevelt, Sheridan, Daniels, and Valley Counties, Montana, outside the Fort Peck Indian Reservation. (2) Use of federal funds.-- (A) Federal share.--The Federal share of the cost of the planning, design, and construction of the Counties Water System shall be not more than 75 percent. (B) Cooperative agreements.--Federal funds made available to carry out this section may be obligated and expended only through a cooperative agreement described in subsection (c). (b) Components.--The components of the Counties Water System on which Federal funds may be obligated and expended under this section shall include-- (1) water intake, pumping, treatment, storage, interconnection, and pipeline facilities; (2) appurtenant buildings and access roads; (3) all property and property rights necessary for the facilities described in this subsection; (4) electrical power transmission and distribution facilities necessary for services to Counties Water System facilities; (5) planning and design services for all facilities; and (6) other facilities and services customary to the development of rural water distribution systems in Montana. (c) Cooperative Agreement.-- (1) In general.--The Secretary, with the concurrence of the Fort Peck Reservation Rural Water System Board, shall enter into a cooperative agreement with appropriate non-Federal entities to provide Federal assistance for the planning, design, and construction of the Counties Water System. (2) Mandatory provisions.--The cooperative agreement under paragraph (1) shall specify, in a manner that is acceptable to the Secretary-- (A) the responsibilities of each party to the agreement for-- (i) needs assessment, feasibility, and environmental studies; (ii) engineering and design; (iii) construction; (iv) water conservation measures; and (v) administration of contracts relating to performance of the activities described in clauses (i) through (iv); (B) the procedures and requirements for approval and acceptance of the design and construction; and (C) the rights, responsibilities, and liabilities of each party to the agreement. (d) Service Area.--The service area of the Counties Water System shall be the area in Montana north of the Missouri River, south of the border between the United States and Canada, west of the border between the States of North Dakota and Montana, and east of a north-south line between the Missouri River and the Canadian border, which line passes through the westernmost boundary of the city of Glasgow, except that the service area shall not include the area inside the Fort Peck Indian Reservation. (e) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for construction of the Counties Water System before the date that is 90 days after the date of submission of a final engineering report to Congress. (f) Interconnection of Facilities and Waiver of Charges.--The Secretary may-- (1) interconnect the Counties Water System with the Fort Peck Water System; and (2) provide for the delivery of water to the Counties Water System, without charge, from the Missouri River through the Fort Peck Water System. (g) Limitation on Use of Federal Funds.--The operation and maintenance expenses associated with water deliveries to the Counties Water System shall be a non-Federal responsibility. The Secretary may not obligate or expend any Federal funds for the operation, maintenance, or replacement of the Counties Water System. SEC. 6. WATER RIGHTS. This Act does not-- (1) impair the validity of or preempt any provision of State water law or any interstate compact governing water; (2) alter the right of any State to any appropriated share of the waters of any body of surface or ground water, whether determined by any past or future interstate compact or by any past or future legislative or final judicial allocation; (3) preempt or modify any Federal or State law or interstate compact concerning water quality or disposal; (4) confer on any non-Federal entity the authority to exercise any Federal right to the waters of any stream or to any ground water resource; (5) affect any right of the Fort Peck tribes to water, located within or outside the external boundaries of the Fort Peck Indian Reservation, based on a treaty, compact, executive order, agreement, Act of Congress, aboriginal title, the decision in Winters v. United States, 207 U.S. 564 (1908) (commonly known as the ``Winters Doctrine''), or other law; or (6) validate or invalidate any assertion of the existence, nonexistence, or extinguishment of any water right or Indian water compact held by the Fort Peck tribes or by any other Indian tribe or individual Indian under Federal or State law. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Fort Peck Water System.--There are authorized to be appropriated-- (1) over a period of 5 fiscal years, $109,000,000 for the planning, design, and construction of the Fort Peck Water System; and (2) such sums as are necessary for the operation and maintenance of the Fort Peck Water System. (b) Counties Water System.--There are authorized to be appropriated such sums as are necessary to carry out section 5.

Fort Peck Reservation Rural Water System Act of 1997 - Directs the Secretary of the Interior to plan, design, construct (including replacement of structures and equipment), operate, maintain, and replace the Fort Peck Reservation Rural Water System (Water System). Directs the Secretary to enter into a cooperative agreement with the Fort Peck Tribal Executive Board regarding the Water System. Provides that title to the Water System be held in trust by the United States for the Fort Peck Tribes and not be transferred unless a transfer is authorized by an Act of Congress enacted after the enactment of this Act. Limits the availability of construction funds for the construction of the Water System until certain requirements are met. Directs the Water System to use power from the Pick-Sloan Missouri Basin Program for operation. Considers use of the power to be a project use pumping requirement of Pick-Sloan. Directs the Secretary to enter into a cooperative agreement with appropriate non-Federal entities to provide Federal funds for the planning, design, and construction of the Roosevelt, Sheridan, Daniels, and Valley Counties Water System (Counties System), Montana, outside the Fort Peck Indian Reservation. Limits the Federal share to 75 percent. Requires cooperative agreement concurrence by the Water System Board. Authorizes the Secretary to: (1) interconnect the Counties System with the Water System; and (2) provide for the delivery of water to the Counties System, without charge, from the Missouri River through the Water System. Prohibits Federal funds from being used for operation and maintenance expenses associated with water deliveries to the Counties System. Authorizes appropriations.

Fort Peck Reservation Rural Water System Act of 1997

SECTION 1. ELECTION OF POOLING METHOD OF DETERMINING FOREIGN TAX CREDIT IN CERTAIN CASES. (a) In General.--Section 902(c) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Special rule where domestic corporation acquires 80 percent of foreign corporation before december 31, 1986.-- ``(A) In general.--For purposes of applying subsection (a), if a domestic corporation elects the application of this paragraph in accordance with subparagraph (B) and if the ownership requirement of subparagraph (C) is met with respect to any foreign corporation, the post-1986 undistributed earnings and the post-1986 foreign income taxes of such foreign corporation shall be determined by taking into account the amount of earnings and profits of the foreign corporation (computed in accordance with sections 964(a) and 986) accumulated in, and the amount of foreign income taxes of such foreign corporation paid with respect to, all periods beginning on and after the 1st day of the 1st taxable year in which such ownership requirement is met. ``(B) Irrevocable election.--A domestic corporation shall make the election allowed under this paragraph in such manner as the Secretary shall prescribe. Such election-- ``(i) shall be made on or before the due date (including extensions) for filing the return of tax for the taxable year for which the election is being made, ``(ii) shall apply to each foreign corporation with respect to which the domestic corporation may apply the rules of section 902(a), and ``(iii) once made, shall be irrevocable for all subsequent taxable years. ``(C) Ownership requirement.--The ownership requirement of this subparagraph is met with respect to any foreign corporation if the domestic corporation owns within the meaning of section 958(a), or is considered as owning by applying the rules of ownership of section 958(b), 80 percent or more of the total combined voting power of all classes of stock entitled to vote of such foreign corporation.''. (b) Effective Dates.-- (1) In general.--The amendments made by this section shall apply with respect to taxable years beginning after December 31, 1986. (2) Time for filing election when return filed.--For any taxable year beginning after December 31, 1986, with respect to which a domestic corporation has filed a return of income tax imposed under chapter 1 of the Internal Revenue Code of 1986 prior to the date of enactment of this Act, a domestic corporation may make the election allowed under section 902(c)(7) of the Internal Revenue Code of 1986 within 120 days of the date of enactment of this Act, but only if for such taxable year any one or more of the following conditions exists: (A) The period of limitations for assessment and collection, as defined in section 6501(a) of such Code, has not expired. (B) If the limitations period described in paragraph (1) has been extended by agreement between the Secretary and the taxpayer pursuant to section 6501(c)(4) of such Code, such extended period has not expired. (C) The period of limitations for filing a claim for refund pursuant to section 6511(a) of such Code has not expired. (D) The proper amount of tax due for the taxable year is the subject of a petition to the Tax Court pursuant to section 6213 of such Code and a decision of the Tax Court on the merits of the petition, if any, has not yet become final. (E) The proper amount of tax due for the taxable year is the subject of a civil action for refund before a Federal district pursuant to section 1346(a) of title 28, United States Code, or before the Federal Court of Claims pursuant to section 1491(a)(1) of such title, and a decision on the merits of the refund action, if any, has not yet become final.

Amends the Internal Revenue Code to allow a domestic corporation to make an irrevocable election to determine the post-1986 undistributed earnings and the post-1986 foreign income taxes of a foreign corporation (if the domestic corporation owns 80 percent or more of the foreign corporation's stock) by taking into account the earnings and profits of the foreign corporation accumulated in, and the amount of foreign income taxes paid with respect to, all periods beginning on and after the first day that percentage of stock is so owned. Regulates the time for making the election.

A bill to amend the Internal Revenue Code of 1986 to allow a corporation to elect the pooling method of determining foreign tax credits in certain cases, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``MARPOL Annex VI Implementation Act of 2006''. SEC. 2. REFERENCES. Wherever in this Act an amendment or repeal is expressed in terms of an amendment to or a repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.). SEC. 3. DEFINITIONS. Section 2(a) (33 U.S.C. 1901(a)) is amended-- (1) by redesignating the paragraphs (1) through (12) as paragraphs (2) through (13), respectively; (2) by inserting before paragraph (2), as so redesignated, the following: ``(1) `Administrator' means the Administrator of the Environmental Protection Agency;''; (3) in paragraph (5), as so redesignated, by striking ``and V'' and inserting ``V, and VI''; and (4) in paragraph (6), as so redesignated, by striking ```discharge' and `garbage' and `harmful substance' and `incident''' and inserting ```discharge', `emission', `garbage', `harmful substance', and `incident'''. SEC. 4. APPLICABILITY. Section 3 (33 U.S.C. 1902) is amended-- (1) in subsection (a)-- (A) by striking ``and'' after the semicolon at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ``; and''; (C) and by adding at the end the following new paragraph: ``(5) with respect to Annex VI to the Convention, and to the extent consistent with international law, to a ship, other than a ship referred to in paragraph (1), that-- ``(A) is in a port, shipyard, offshore terminal, or the internal waters of the United States; ``(B) is in the territorial sea of the United States as defined in Presidential Proclamation 5928 of December 27, 1988; ``(C) is in an emission control area designated pursuant to section 4; or ``(D) is bound for, or departing a port, shipyard, offshore terminal, or the internal waters of the United States; and is in any other area that the Administrator, in consultation with the Secretary, has designated by regulation and based on the best available scientific data as being an area from which emissions from ships are of concern with respect to protection of public health, welfare, or the environment.''; (2) in subsection (b)(1) by inserting ``or (3)'' after ``paragraph (2)''; (3) in subsection (b) by adding at the end the following new paragraph: ``(3) With respect to Annex VI to the Convention, the head of a Federal department or agency may determine that some or all of the requirements under this Act shall apply to one or more classes of public vessels operated under the authority of such department or agency.''; and (4) in subsection (d)-- (A) by inserting ``, or the Administrator as authorized by section 4,'' after ``Secretary''; (B) by inserting ``(or an applicable Annex)'' after ``MARPOL Protocol'' the first place it appears; and (C) by inserting ``and Annex VI'' after ``Annex V''. SEC. 5. ADMINISTRATION AND ENFORCEMENT. Section 4(b) (33 U.S.C. 1903(b)) is amended-- (1) by redesignating paragraph (2) as paragraph (4); (2) by inserting after paragraph (1) the following new paragraphs: ``(2) In prescribing regulations under this section to carry out the provisions of Annex VI to the Convention, the Secretary shall consult with the Administrator with respect to Regulations 12 and 16 of such Annex and with the Administrator and the Secretary of the Interior with respect to Regulation 19 of such Annex. ``(3) In addition to the authority the Secretary has to prescribe regulations under this section to carry out Annex VI to the Convention, the Administrator, in consultation with the Secretary, shall prescribe any necessary or desired regulations to carry out Regulations 13, 14, 15, and 18 of such Annex.''; and (3) by adding at the end the following new paragraph: ``(5) No standard issued by any person or Federal agency regarding emissions from tank vessels that are subject to Regulation 15 of Annex VI to the Convention shall be effective until six months after the date on which the Secretary submits a notification to the International Maritime Organization that such standard has been established.''. SEC. 6. CERTIFICATES. Section 5 (33 U.S.C. 1904) is amended-- (1) in subsection (a)-- (A) by striking ``The'' and inserting ``(1) Except as provided in paragraph (2), the''; and (B) by adding at the end the following new paragraph: ``(2) The Administrator shall, and no other person may, issue an Engine International Air Pollution Prevention Certificate in accordance with Annex VI to the Convention and the International Maritime Organization's Technical Code on Control of Emissions of Nitrogen Oxides from Marine Diesel Engines, on behalf of the United States. The issuance of such certificates shall be consistent with any applicable requirements under the Clean Air Act (42 U.S.C. 7401 et seq.) and regulations promulgated thereunder.''; (2) by striking subsection (b) and inserting the following: ``(b) A certificate issued by a country that is a party to the MARPOL Protocol has the same validity as a certificate issued by the Secretary under the authority of this Act, or by the Administrator under the authority of subsection (a)(2).''; and (3) in subsection (e) by inserting ``or the public health or welfare'' after ``marine environment''. SEC. 7. RECEPTION FACILITIES. Section 6 (33 U.S.C. 1905) is amended-- (1) in subsection (a) by adding at the end the following new paragraph: ``(3) The Secretary, after consulting with appropriate Federal agencies, shall establish regulations to require that ports and terminals provide reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues or ensure that such facilities are available. The regulations shall establish criteria for determining the adequacy of reception facilities for receiving such substances, equipment, or residues at a port or terminal and such additional measures and requirements as are appropriate to ensure such adequacy. ``(4) The Secretary may establish regulations to certify, and may issue certificates to the effect, that a port's or terminal's facilities for receiving such substances, equipment, and residues from ships are adequate.''; (2) in subsection (c)(2)(A) by inserting ``or (a)(3)'' after ``subsection (a)(2)''; (3) by striking subsection (e)(2) and inserting the following: ``(2) The Secretary may deny the entry of a ship to a port or terminal required by regulations issued under this section to provide adequate reception facilities for garbage, ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues if the port of terminal is not in compliance with such regulations.''; and (4) in subsection (f)(1) by striking ``MARPOL Protocol or the Antarctic Protocol'' and inserting ``MARPOL Protocol, the Antarctic Protocol, or this Act''. SEC. 8. INSPECTIONS. Section 8(f) (33 U.S.C. 1907(f)) is amended to read as follows: ``(f)(1) The Secretary may inspect a ship to which this Act applies as provided under section 3(a)(5), to verify whether the ship is in compliance with Annex VI to the Convention and this Act. ``(2) If an inspection under this subsection or any other information indicates that a violation has occurred, the Secretary may undertake enforcement action under this section.''. SEC. 9. AMENDMENTS TO THE PROTOCOL. Section 10(b) (33 U.S.C. 1909(b)) is amended by striking ``Annex I, II, or V'' and by inserting ``Annex I, II, V, or VI''. SEC. 10. EFFECT ON OTHER LAWS. Section 15 (33 U.S.C. 1911) is amended to read as follows: ``SEC. 15. EFFECT ON OTHER LAWS. ``Authorities, requirements, and remedies of this Act supplement and neither amend nor repeal any other authorities, requirements, or remedies conferred by any other provision of law. Nothing in this Act shall limit, deny, amend, modify, or repeal any other authority, requirement, or remedy available to the United States or any other person, except as expressly provided in this Act.''. SEC. 11. TECHNICAL CORRECTIONS. Subsections (a), (b), and (d) of section 9 (33 U.S.C. 1908(a), (b), and (d)) are amended by striking the second comma after ``MARPOL Protocol'' each place it appears.

MARPOL Annex VI Implementation Act of 2006 - (Sec. 4) Applies (with regard to Annex VI of the International Convention for the Prevention of Pollution from Ships, 1973) federal law relating to the prevention of pollution from ships to certain foreign ships. Allows the head of a federal department or agency to apply those provisions of federal law to one or more classes of public vessels operated under the authority of that department or agency. (Sec. 6) Limits to the Administrator of the Environmental Protection Agency (EPA), on behalf of the United States, issuance of an Engine International Air Pollution Prevention Certificate in accordance with Annex VI to the Convention and the International Maritime Organization's Technical Code on Control of Emissions of Nitrogen Oxides from Marine Diesel Engines. Gives a certificate issued by a country that is a party to the MARPOL Protocol (the Protocol of 1978 relating to and including the Convention) the same validity as a certificate issued by the Secretary (Secretary) of the department in which the Coast Guard is operating or by the Administrator. (Sec. 7) Requires ports and terminals to ensure the availability of reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues. (Sec. 8) Authorizes the Secretary to inspect ships to verify compliance and to take enforcement actions for violations. (Sec. 9) Authorizes the Secretary of State, after consulting with the Secretary, to act for the United States on Annex VI amendments.

To implement the Protocol of 1997 to the International Convention for the Prevention of Pollution from Ships, 1973, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Energy Use Through Retrofitting Older Vehicles Act'' or the ``RETRO Act''. SEC. 2. CREDIT FOR HYBRID CONVERSION. (a) In General.--Section 30B of the Internal Revenue Code of 1986 is amended by redesignating subsections (j) and (k) as subsections (k) and (l), respectively, and by inserting after subsection (i) the following new subsection: ``(j) Hybrid Conversion Credit.-- ``(1) Credit allowed.-- ``(A) In general.--For purposes of subsection (a), the hybrid conversion credit determined under this subsection with respect to any motor vehicle which is converted to a qualified hybrid motor vehicle is an amount equal to so much of the cost of the conversion of such vehicle as does not exceed the applicable amount determined under the following table: ``If gross vehicle weight (prior to The applicable amount is: conversion) is: Not more than 8,500 pounds......................... $3,000 More than 8,500 pounds but not more than 14,000 $4,000 pounds. More than 14,000 pounds but not more than 26,000 $6,000 pounds. More than 26,000 pounds............................ $8,000. ``(2) Qualified hybrid motor vehicle.--For purposes of this subsection, the term `qualified hybrid motor vehicle' means any new qualified hybrid motor vehicle (as defined in subsection (d)(3), determined without regard to whether such vehicle is made by a manufacturer or whether the original use of such vehicle commences with the taxpayer) which-- ``(A) is used or leased by the taxpayer and is not for resale, and ``(B) achieves the minimum required reduction in fuel consumption determined under the following table, relative to the fuel consumption of an uncoverted vehicle of the same make and model under the Urban Dynamometer Driving Schedule (UDDS) test procedure issued by the Environmental Protection Agency (40 CFR 86.115 and appendix I to 40 CFR part 86): ``If vehicle (prior to conversion) The minimum required reduction is: is: A passenger vehicle with a gross vehicle weight of 19 percent not more than 8,500 pounds. A light truck with a gross vehicle weight of not 15 percent more than 8,500 pounds. A diesel vehicle with a gross vehicle weight of 17 percent more than 8,500 pounds but not more than 14,000 pounds. A gasoline vehicle with a gross vehicle weight of 12 percent more than 8,500 pounds but not more than 14,000 pounds. A vehicle with a gross vehicle weight of more than 10 percent. 14,000 pounds. ``(3) Credit allowed in addition to other credits.--The credit allowed under this subsection shall be allowed with respect to a motor vehicle notwithstanding whether a credit has been allowed with respect to such motor vehicle under this section (other than this subsection and subsection (i)) in any preceding taxable year. No credit shall be allowed under this subsection with respect to a motor vehicle if the credit under subsection (i) is allowed with respect to such motor vehicle in any taxable year. ``(4) Limitation on number of hybrid conversions eligible for credit.--This subsection shall not apply to the conversion of any motor vehicle after the last day of the calendar quarter which includes the first date on which the total number of conversions with respect to which a credit under this subsection has been allowed for all taxable years is at least equal to the applicable number determined under the following table: ``If gross vehicle weight (prior to The applicable number is: conversion) is: Not more than 8,500 pounds......................... 100,000 More than 8,500 pounds but not more than 14,000 70,000 pounds. More than 14,000 pounds but not more than 26,000 20,000 pounds. More than 26,000 pounds............................ 10,000. ``(5) Termination.--This subsection shall not apply to conversions made after the date which is 5 years after the date of the enactment of the RETRO Act.''. (b) Credit Treated as Part of Alternative Motor Vehicle Credit.-- Subsection (a) of section 30B of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'' at the end of paragraph (4), (2) by striking the period at the end of paragraph (5) and inserting ``, and'', and (3) by adding at the end the following new paragraph: ``(6) the hybrid conversion credit determined under subsection (j).''. (c) No Recapture for Vehicles Converted to Qualified Hybrid Motor Vehicles.--Paragraph (8) of section 30B(h) of the Internal Revenue Code of 1986 is amended by striking ``a vehicle)'' and all that follows and inserting ``a vehicle), except that no benefit shall be recaptured if such property ceases to be eligible for such credit by reason of conversion to a qualified plug-in electric drive motor vehicle or a qualified hybrid motor vehicle.''. (d) Denial of Double Benefit.--Paragraph (3) of section 30B(i) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``No credit shall be allowed under this subsection with respect to a motor vehicle if the credit under subsection (j) is allowed with respect to such motor vehicle in any taxable year.''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. (f) Rescission of Unobligated Federal Funds to Offset Loss in Revenues.-- (1) In general.--Notwithstanding any other provision of law, of all available unobligated funds, appropriated discretionary funds are hereby rescinded in such amounts as determined by the Director of the Office of Management and Budget such that the aggregate amount of such rescission equals the reduction in revenues to the Treasury by reason of the amendments made by this section. (2) Implementation.--The Director of the Office of Management and Budget shall determine and identify from which appropriation accounts the rescission under paragraph (1) 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. (3) Exception.--This subsection shall not apply to the unobligated funds of the Department of Veterans Affairs, the Department of Defense, or any funds appropriated for disaster relief.

Reducing Energy Use Through Retrofitting Older Vehicles Act or the RETRO Act - Amends the Internal Revenue Code to allow a tax credit for the cost of converting a motor vehicle into a hybrid motor vehicle, based on gross vehicle weight.  Limits the number of converted motor vehicles eligible for such credit.  Terminates such credit five years after the enactment of this Act.

A bill to amend the Internal Revenue Code of 1986 to provide a tax credit for the retrofit conversion of a nonhybrid motor vehicle to a hybrid.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Domain Enhancement Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The copyright clause, as set forth in article I, section 8 of the United States Constitution, grants Congress the power to ``promote the Progress of Science and useful Arts, by securing for limited Times to Authors . . . the exclusive Right to their respective Writings . . .''. (2) The copyright clause serves two purposes. First, it gives authors an economic incentive to create new works. ``By establishing a marketable right to the use of one's expression, copyright supplies the economic incentive to create and disseminate ideas.'' Harper & Row Publications, Inc. v. Nation Enters., 471 U.S. 539, 558 (1985). Second, it promotes society's interest in the ``free flow of ideas, information and commerce.'' Sony Corp. v. Universal City Studios, Inc., 464 U.S. 417, 429 (1984). ``The copyright term is limited so that the public will not be permanently deprived of the fruits of an artist's labors.'' Stewart v. Abend, 495 U.S. 207, 228 (1990). (3) Both commercial and noncommercial creators depend on a healthy public domain. For example, book publishers print titles from the public domain and make them available to the public at reduced prices. See Edward Rappaport, CRS Report for Congress, Copyright Term Extension: Estimating the Economic Values, 3 (May 11, 1998). Others depend on the public domain as a source of raw material for new productions, such as a movie based on an old book or a theme song based on old musical arrangements. Id. Schools, museums, and libraries use works in the public domain to create pictorial and textual materials for educational and cultural purposes. Id. at 4. In addition, media sources like the World Wide Web benefit from the freedom of public domain content, such as historical materials placed on the Web by the Library of Congress. Id. (4) Current law continues to grant copyright protection to works published as early as 1923. See 17 U.S.C. 304. Yet the vast majority of older works are no longer commercially available. One study indicates that only 2 percent of works between 55 and 75 years old continue to retain commercial value. Eldred v. Ashcroft, 123 S. Ct. 769, 804 (2003) (Breyer, J., dissenting). Nevertheless, under current law, these abandoned works will not enter the public domain for many years. This prevents commercial and noncommercial entities from building upon, cultivating, and preserving abandoned works. Indeed, while older works are less likely to retain commercial value, they are more likely to ``prove useful to the historian, artist, or teacher.'' Eldred v. Ashcroft, 123 S. Ct. 769, 805 (2003) (Breyer, J., dissenting). (5) Thus, the existing copyright system functions contrary to the intent of the Framers of the Constitution in adopting the copyright clause and the intent of Congress in enacting the Copyright Act. Neither is intended to deprive the public of works when there is no commercial or copyright purpose behind their continued protection. It is, therefore, necessary to establish a mechanism by which abandoned American copyrights can enter the public domain. SEC. 3. MAINTENANCE FEE FOR PUBLISHED UNITED STATES WORKS. (a) Definition of United States Work.--The definition of ``United States work'' contained in section 101 of title 17, United States Code, is amended by striking ``For purposes of section 411'' and inserting ``For purposes of sections 306 and 411''. (b) Duration of Copyright.-- (1) Works created on or after january 1, 1978.--Section 302 of title 17, United States Code, is amended-- (A) in subsection (a), by striking ``Copyright'' and inserting ``Subject to section 306, copyright''; (B) in subsection (b), by striking ``In'' and inserting ``Subject to section 306, in''; and (C) in subsection (c), in the first sentence, by striking ``In'' and inserting ``Subject to section 306, in''. (2) Works created but not published or copyrighted before january 1, 1978.--Section 303(a) of title 17, United States Code, is amended-- (A) by striking ``Copyright'' and inserting ``Subject to section 306, copyright''; (B) by striking ``. In no case, however,'' and inserting ``; except that, subject to section 306, in no case''; and (C) by striking ``and, if'' and inserting ``and, subject to section 306, if''. (3) Subsisting copyrights.--Section 304 of title 17, United States Code, is amended-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) in subparagraph (B), by striking ``In'' and inserting ``Subject to section 306, in''; and (II) in subparagraph (C), by striking ``In'' and inserting ``Subject to section 306, in''; and (ii) in paragraph (2)-- (I) in subparagraph (A), by inserting ``other than a copyright that expires under section 306,'' after ``(1)(B) of this subsection,''; and (II) in subparagraph (B), by inserting ``other than a copyright that expires under section 306,'' after ``(1)(C) of this subsection,''; and (B) in subsection (b), by striking ``Any'' and inserting ``Subject to section 306, any''. (c) Maintenance Fee.-- (1) In general.--Chapter 3 of title 17, United States Code, is amended by inserting after section 305 the following new section: ``Sec. 306. Maintenance fee for published United States works ``(a) Fee.--The Register of Copyrights shall charge a fee of $1 for maintaining in force the copyright in any published United States work. The fee shall be due 50 years after the date of first publication or on December 31, 2004, whichever occurs later, and every 10 years thereafter until the end of the copyright term. Unless payment of the applicable maintenance fee is received in the Copyright Office on or before the date the fee is due or within a grace period of 6 months thereafter, the copyright shall expire as of the end of that grace period. ``(b) Ancillary and Promotional Works.--If the copyright in a work is maintained in force under subsection (a), then any ancillary or promotional work used in connection with the work so maintained, such as an advertisement for a motion picture, shall be deemed also to be maintained in force under subsection (a). ``(c) Form.--The maintenance fee required by subsection (a) shall be accompanied by a form prescribed by the Register of Copyrights that conforms with section 409. The form may be used to satisfy the registration provisions of sections 408 and 409, if it is accompanied by the prescribed deposit and fee, and by any additional identifying material that the Register may, by regulation, require.''. (2) Conforming amendment.--The table of sections for chapter 3 of title 17, United States Code, is amended by adding at the end the following: ``306. Maintenance fee for published United States works.''. (d) Copyright Office Fees.--Section 708(a) of title 17, United States Code, is amended-- (1) in paragraph (8), by striking ``and'' after the semicolon; (2) in paragraph (9), by striking the period and inserting ``; and''; and (3) by adding after paragraph (9) the following: ``(10) the maintenance fee under section 306.''. SEC. 4. DUTIES OF REGISTER. Not later than 12 months after the date of the enactment of this Act, the Register of Copyrights shall-- (1) establish procedures to minimize the burden of submitting the form prescribed under section 306(c) of title 17, United States Code, including procedures to allow the electronic submission of the form to the Copyright Office; and (2) establish procedures to make the information contained in forms submitted under section 306(c) of such title easily accessible to the public.

Public Domain Enhancement Act - Amends Federal copyright law to require the Register of Copyrights to charge a fee of $1 for maintaining in force the copyright in any published U.S. work. Requires the fee to be due 50 years after the date of first publication or on December 31, 2004, whichever occurs later, and every ten years thereafter until the end of the copyright term. Terminates the copyright unless payment of the applicable maintenance fee is received in the Copyright Office on or before its due date or within a grace period of six months thereafter. Deems any ancillary or promotional work used in connection with the maintained work, such as an advertisement for a motion picture, also to be maintained in force. Requires the: (1) maintenance fee to be accompanied by a form prescribed by the Register of Copyrights; and (2) the Register to establish procedures to minimize the burden of submitting the form, including procedures to allow the electronic submission of the form to the Office, and to make the information contained in such forms easily accessible to the public.

To amend title 17, United States Code, to allow abandoned copyrighted works to enter the public domain after 50 years.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Budget Protection Act of 2003''. SEC. 2. FINDINGS. The Congress finds: (1) The Congress, after review of Congressional Budget Office estimates and other expert opinions, finds that for a prolonged period the amount of revenues collected will be substantially less than the projected Federal expenditures thereby placing burdens and constraints on the budget and appropriations decision-making process. (2) The Congress finds that the budget/appropriations for Defense, driven by the war and occupation of Iraq, is likely to grow rapidly and uncontrollably. These obligations will place intense strains on the Budget/Appropriations process. (3) The Congress finds that already certain vital federally funded programs are experiencing devastating federal financial assistance cuts. More specifically, assistance for Education, Public Housing, Medicaid, Medicare and Temporary Aid to Needy Families (TANF) are being subjected to unacceptable cuts. (4) The Congress finds that there is an established precedent for the long-term financing of a U.S. War effort. A special tax on the profits of the nation's largest corporations would be in accordance with previous precedents: World War I, World War II, Korea and Vietnam. (5) The Congress finds that in the last 25 years corporations have steadily borne less and less of the overall tax burden. The corporate share of the tax burden has dropped from a high of 35 percent in 1945 to a level of less than 3 percent in the year 2000. At the same time the individual income share of the tax burden has grown from 41 percent in 1945 to 50 percent in 2000. (6) The Congress finds that it is necessary to suspend further reductions in assistance to domestic programs. It is also imperative that any increases in basic revenue be utilized to increase assistance to vital domestic programs. SEC. 3. CORPORATE TAX SURCHARGE TO FUND WAR IN IRAQ. (a) General Rule.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to determination of tax liability) is amended by adding at the end thereof the following new part: ``PART VIII--CORPORATE TAX SURCHARGE TO FUND WAR IN IRAQ ``Sec. 59B. Imposition of surtax. ``SEC. 59B. IMPOSITION OF SURTAX. ``(a) Normal Tax.-- ``(1) In general.--In the case of a specified corporation, the amount of the tax imposed under section 11 for any taxable year shall be increased by the applicable surtax percentage of the amount of the tax imposed under section 11 for such taxable year (determined without regard to this section). ``(2) Treatment of certain taxes.--For purposes of paragraph (1), a tax shall be treated as imposed under section 11 if the amount of such tax is determined by reference to the provisions of section 11 (or by reference to any rate contained therein). ``(b) Minimum Tax.--In the case of a specified corporation, the amount of the tentative minimum tax determined under section 55 for any taxable year shall be increased by the applicable surtax percentage of the amount of the tentative minimum tax for such taxable year (determined without regard to this section). ``(c) Definitions.--For purposes of this section-- ``(1) Specified corporation.--The term `specified corporation' means any corporation if the aggregate gross assets of the corporation (as defined in section 1202(d)) (or any predecessor thereof) at any time during the taxable year or any prior taxable year after the date of the enactment of this section exceeds $10,000,000. ``(2) Applicable surtax percentage.--The term `applicable surtax percentage' means, with respect to a taxable year beginning in a calendar year, percentage specified by the Secretary as the amount necessary to fund the war in Iraq for such calendar year. ``(d) Coordination With Other Provisions.--The provisions of this section shall be applied-- ``(1) after the application of section 1201 and 801(a)(2), but ``(2) before the application of any other provision of this title which refers to the amount of tax imposed by section 11 or 55, as the case may be. No penalty shall be imposed by section 6655 by reason of amounts imposed by this section. ``(e) Application of Section.--For purposes of subsection (c)(2), there shall not be taken into account-- ``(1) expenditures before March 1, 2003, and ``(2) expenditures after the earliest date that no member of the Armed Forces of the United States is serving on active duty in Iraq.'' (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Part VIII. Corporate tax surcharge to reduce deficit.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Domestic Budget Protection Act of 2003 - Amends the Internal Revenue Code of 1986 to impose a surtax on corporations with aggregate gross assets that exceed $10 million to fund war in Iraq.

To raise revenue and reduce large and increasing Federal budget deficits due to the cost of the war in Iraq.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Emancipation Commemoration Act of 2009''. SEC. 2. PURPOSE. The purpose of this Act is to establish the National Emancipation Commemoration Commission in order to-- (1) ensure a suitable national observance of the 150th anniversary of the ending of chattel slavery in the United States through the Emancipation Proclamation and the Thirteenth Amendment of the Constitution; (2) highlight the protections of the living 13th Amendment against modern slavery in all its forms and explore why servitude still exists in the United States and elsewhere; (3) provide assistance to the development of programs, curricula, and activities concerning both antebellum and modern slavery, in conjunction with the 150th anniversary of Emancipation and thereafter; and (4) support and facilitate efforts for events, a commemorative coin, stamp, and related activities for the observances of the 150th anniversary of Emancipation and the adoption of the Thirteenth Amendment. SEC. 3. DEFINITIONS. In this Act: (1) Commemoration.--The term ``commemoration'' means the commemoration of the 150th anniversaries of the Preliminary Emancipation Proclamation, the Emancipation Proclamation, the Thirteenth Amendment to the United States Constitution and its ongoing application to modern slavery, passage of Federal anti- peonage legislation and the extension of the Thirteenth Amendment protections to all races and ethnicities, and the activities of the Bureau of Refugees, Freedmen and Abandoned Lands (``Freedman's Bureau'') in attempting to meet the needs of newly freed persons in the years following the Civil War. (2) Commission.--The term ``Commission'' means the Commission established by this Act. (3) Modern slavery.--The term ``modern slavery'' means activities that violate the Federal statutory prohibitions against slavery and human trafficking set forth in chapter 77 of title 18, United States Code. SEC. 4. ATTORNEY GENERAL TO ASSIST THE COMMEMORATION. In order to ensure that the 150th anniversary of Emancipation provides a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities, the Attorney General, through the Office of Justice Programs, may make grants and provide technical assistance to appropriate Federal, State, and local entities and nonprofit organizations-- (1) to plan and carry out programs and activities appropriate to for the commemoration; (2) to generally facilitate commemoration-related activities throughout the United States; (3) to encourage civic, patriotic, historical, educational, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of the events commemorated by the commemoration; (4) to coordinate and facilitate public scholarly research on, publication about, and interpretation of: chattel slavery, the trans-Atlantic slave trade, the lives and work of such historical figures as Abraham Lincoln, Frederick Douglass, Sojourner Truth, Levi and Catherine Coffin, and Harriet Tubman, the Emancipation, success and failures in implementing the Emancipation, expansion of the protections of the Thirteenth Amendment to all persons in the United States, modern effects of chattel slavery and the Emancipation on American culture and society, and the continued application of the Thirteenth Amendment and enabling legislation in combating modern slavery in the United States and abroad; (5) to encourage efforts for a commemorative coin, stamp, and related activities for the commemoration; (6) to assist in the appropriate development of commemoration-related heritage tourism and the economic benefits of that tourism to the United States; and (7) to facilitate commemoration-related activities and informational displays at sites and locations that are part of the National Park Service Underground Railroad Network to Freedom Program and the National Underground Railroad Freedom Center. SEC. 5. NATIONAL EMANCIPATION COMMEMORATION COMMISSION. (a) In General.--There is established a commission to be known as the ``National Emancipation Commemoration Commission''. (b) Duties.-- (1) In general.--The Commission shall-- (A) advise the Attorney General with regard to making grants and giving technical assistance under this Act; and (B) conduct a study on modern slavery in all its forms that-- (i) addresses why slavery in all its forms still exists globally; (ii) analyzes the persistence of modern slavery in the United States from 1865 to the present; and (iii) makes recommendations to address issues and concerns highlighted by the study. (2) Reports.-- (A) Interim report.--Not later than January 1, 2013, the Commission shall complete an interim report that contains-- (i) a summary of the activities of the Commission; (ii) any interim results, findings, or recommendations of the study conducted under paragraph (1)(B); and (iii) an accounting of funds received and expended by the Commission through September 30, 2012. (B) Final report.--Not later than March 2, 2017, the Commission shall complete a final report that contains-- (i) a summary of the activities of the Commission; (ii) the results of the study conducted under paragraph (1)(B); (iii) a final accounting of funds received and expended by the Commission; and (iv) any findings and recommendations of the Commission. (c) Membership.-- (1) In general.--The Commission shall be composed of 18 members, of whom-- (A) one shall be the Assistant Attorney General for Civil Rights, who shall be the Chair of the Commission; (B) one shall be the Ambassador at Large, Director of the Office to Monitor and Combat Trafficking in Persons, who shall be the Vice-Chair of the Commission; (C) one shall be the Librarian of Congress, or a designee of the Librarian of Congress; (D) one shall be the Director of the National Park Service, or a designee of the Director; (E) one shall be the Director of the National Museum of American History of the Smithsonian Institution, or a designee of the Director; (F) one shall be the Director of the National Underground Railroad Freedom Center (or any successor institution), or a designee of the Director; (G) one shall be the Director of the National Civil Rights Museum, or a designee of the Director; (H) one shall be the Executive Director of the National Hispanic Cultural Center, or a designee of the Executive Director; (I) one shall be the Executive Director of the Asian Law Alliance, or a designee of the Executive Director; (J) four shall be appointed by the Speaker of the House in consultation with the minority leader; and (K) four shall be appointed by the majority leader of the Senate in consultation with the minority leader. (2) Term; vacancies.-- (A) Term.--The term of an appointed member of the Commission is for the life of the Commission. (B) Vacancies.-- (i) In general.--A vacancy among the appointed members of the Commission shall be filled in the same manner in which the original appointment was made. (ii) Partial term.--A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed. (3) Meetings.-- (A) In general.--The Commission shall meet-- (i) at least twice each year; and (ii) additionally, at the call of the Chairperson or the majority of the members of the Commission. (B) Initial meeting.--Not later than 30 days after the date on which all appointed members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (4) Voting.-- (A) In general.--The Commission shall act only on an affirmative vote of a majority of the members of the Commission. (B) Quorum.--A majority of the Commission shall constitute a quorum. (d) Powers of the Commission.--The Commission may-- (1) accept donations and make dispersions of money, personal services, and real and personal property related to its duties; (2) appoint such advisory committees of its members as the Commission determines to be necessary to carry out its duties; (3) authorize any member or employee of the Commission to take any action that the Commission is authorized to take by this Act; (4) procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out its duties (except that any contracts, leases, or other legal agreements made or entered into by the Commission shall not extend beyond the date of termination of the Commission); and (5) use the United States mails in the same manner and under the same conditions as a Federal agency. (e) Commission Personnel Matters.-- (1) Compensation of members of the commission.-- (A) In general.--Except as provided in this paragraph, a member of the Commission shall serve without compensation. (B) Federal employees.--A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (C) Travel expenses.--A member or employee of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member or employee in the performance of the duties of the Commission. (2) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (B) Approval of executive director.--The employment of an executive director shall require approval by a majority of the Commission members. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission 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. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (4) Detail of government employees.-- (A) Federal employees.-- (i) In general.--On the request of the Commission, the head of any Federal agency may detail, on a reimbursable or non-reimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this Act. (ii) Civil service status.--The detail of an employee under clause (I) shall be without interruption or loss of civil service status or privilege. (B) State employees.--The Commission may-- (i) accept the services of personnel detailed from States (including subdivisions of States); and (ii) reimburse States for services of detailed personnel. (5) Volunteer and uncompensated services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. (6) Support services.--The Attorney General shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (f) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that 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 that title. (g) Termination.--The Commission shall terminate on September 30, 2017. Any advisory committee established under this Act that is not previously terminated by the Commission shall also terminate on that date.

National Emancipation Commemoration Act of 2009 - Establishes the National Emancipation Commemoration Commission which shall: (1) advise the Attorney General with regard to providing grants and technical assistance under this Act; and (2) conduct a study on all forms of modern slavery. Authorizes the Attorney General to make grants and provide technical assistance to appropriate federal, state, and local entities, and nonprofit organizations to plan and carry out activities appropriate for the national observance of the 150th anniversary of the ending of chattel slavery in the United States. Terminates the Commission on September 30, 2017.

To establish a commission to commemorate the ending of chattel slavery in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biotechnology Future Investment Expansion Act of 2005''. SEC. 2. RESTORING THE BENEFIT OF TAX INCENTIVES FOR BIOMEDICAL RESEARCH AND CLINICAL TRIALS. (a) In General.--Subsection (l) of section 382 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) Certain financing transactions of biomedical research corporations.-- ``(A) General rule.--In the case of a biomedical research corporation, any owner shift involving a 5- percent shareholder which occurs as the result of a qualified investment or qualified transaction during the testing period shall be treated for purposes of this section (other than this paragraph) as occurring before the testing period. ``(B) Biomedical research corporation.--For purposes of this paragraph, the term `biomedical research corporation' means, with respect to any qualified investment, any domestic corporation subject to tax under this subchapter which is not in bankruptcy and which, as of the time of the closing on such investment-- ``(i) holds the rights to a drug or biologic for which an investigational new drug application is in effect under section 505 of the Federal Food, Drug, and Cosmetic Act, and ``(ii) certifies that, as of the time of such closing, the drug or biologic is, or in the 3 month period before and after such closing has been, under study pursuant to an investigational use exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act. ``(C) Qualified investment.--For purposes of this paragraph, the term `qualified investment' means any acquisition of stock by a shareholder (who after such acquisition is a less than 50 percent shareholder) in a biomedical research corporation if such stock is acquired at its original issue (directly or through an underwriter) solely in exchange for cash. ``(D) Qualified transaction.--For purposes of this paragraph, the term `qualified transaction' means any acquisition of stock in a biomedical research corporation if such stock is acquired as part of a merger or acquisition by another biomedical research corporation that is a loss corporation. If the acquiring loss corporation is a member of a controlled group of corporations under section 1563(a), the group must be a loss group. ``(E) Stock issued in exchange for convertible debt.--For purposes of this paragraph, stock issued by a biomedical research corporation in exchange for its convertible debt (or stock deemed under this section to be so issued) shall be treated as stock acquired by the debt holder at its original issue and solely in exchange for cash if the debt holder previously acquired the convertible debt at its original issue and solely in exchange for cash. In the case of an acquisition of stock in exchange for convertible debt, the requirements of this paragraph shall be applied separately as of the time of closing on the investment in convertible debt, and as of the time of actual conversion (or deemed conversion under this section) of the convertible debt for stock. ``(F) Biomedical research corporation must meet 3- year expenditure and continuity of business tests with respect to any qualified investment.-- ``(i) In general.--This paragraph shall not apply to a qualified investment or transaction in a biomedical research corporation unless such corporation meets the expenditure test for each year of the measuring period and the continuity of business test. ``(ii) Measuring period.--For purposes of this subparagraph, the term `measuring period' means, with respect to any qualified investment or transaction, the taxable year of the biomedical research corporation in which the closing on the investment occurs, and the 2 preceding taxable years. ``(iii) Expenditure test.--A biomedical research corporation meets the expenditure test of this subparagraph for a taxable year if at least 35 percent of its expenditures for the taxable year (including, for purposes of this clause, payments in redemption of its stock) are expenditures described in section 41(b) or clinical and preclinical expenditures. ``(iv) Continuity of business test.--A biomedical research corporation meets the continuity of business test if, at all times during the 2-year period following a qualified investment or transaction, such corporation continues the business enterprise of such corporation. ``(G) Effect of corporate redemptions on qualified investments.--Rules similar to the rules of section 1202(c)(3) shall apply to qualified investments under this paragraph except that `stock acquired in a qualified investment' shall be substituted for `qualified small business stock' each place it appears therein. ``(H) Effect of other transactions between biomedical research corporations and investors making qualified investments.-- ``(i) In general.--If, during the 2-year period beginning 1 year before any qualified investment, the biomedical research corporation engages in another transaction with a member of its qualified investment group and such biomedical research corporation receives any consideration other than cash in such transaction, there shall be a presumption that stock received in the otherwise qualified investment transaction was not received solely in exchange for cash. ``(ii) Qualified investment group.--For purposes of this subparagraph, the term `qualified investment group' means, with respect to any qualified investment, one or more persons who receive stock issued in exchange for the qualified investment, and any person related to such persons within the meaning of section 267(b) or section 707(b). ``(iii) Regulations.--The Secretary shall promulgate regulations exempting from this subparagraph transactions which are customary in the bioscience research industry and are of minor value relative to the amount of the qualified investment. ``(I) Regulations.--The Secretary may issue such regulations as may be appropriate to achieve the purposes of this paragraph, to prevent abuse, and to provide for treatment of biomedical research corporations under sections 383 and 384 that is consistent with the purposes of this paragraph.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of enactment of this Act.

Biotechnology Future Investment Expansion Act of 2005 - Amends the Internal Revenue Code to permit certain biomedical research corporations to engage in investments and other transactions involving shifts in ownership without incurring limitations on net operating loss carryforwards and certain built-in losses.

To permit biomedical research corporations to engage in certain financings and other transactions without incurring limitations on net operating loss carryforwards and certain built-in losses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prison Work and Victim Restitution Act of 1996''. SEC. 2. FINDINGS. Congress finds that-- (1) work is inherently American and honorable; (2) work is of fundamental importance to any orderly society which reveres such common values as responsibility, independence, and respect for others; (3) in order to reduce recidivism, provide restitution to victims, reparations to communities, and promote the values of responsibility, independence, and respect for others, the Federal Government should enact policies which expand work, educational, and life skills opportunities for prisoners incarcerated in Federal and State penal institutions; (4) American taxpayers are justified to expect that prisoners reimburse the United States Treasury for the cost of their incarceration, and in addition, that prisoners should make monetary restitution to a fund which benefits the victims of crime; (5) prisoners should be prohibited from engaging in certain types of activities which are not healthy and conducive to their successful rehabilitation and restitution; (6) prisoners should not have access to certain amenities which are unnecessary, enhance leisure activities, or do not promote successful rehabilitation; (7) prisoners should not be guaranteed the same wage and working conditions guaranteed to hard working, law abiding Americans; (8) existing Federal laws limit prisoners from engaging in work, and do not impose mandatory work requirements for prisoners; and (9) existing barriers to prisoner labor should be removed and Federal laws should be strengthened to ensure that prisoners, their victims, taxpayers, and society in general reap the maximum benefits and positive values associated with work. SEC. 3. WORK REQUIREMENT FOR FEDERAL PRISONERS. (a) Work Requirement.--Section 2905 of the Crime Control Act of 1990 (18 U.S.C. 4121 note) is amended by adding at the end of subsection (a) the following: ``Subject to this section, such inmates shall engage in work for not less than 50 hours weekly. In addition inmates shall engage job-training and educational and life skills preparation study. In the event that opportunities otherwise provided by law for inmates to work are not sufficient to meet the requirements of the preceding sentence, notwithstanding any other provision of law, the services of prisoners may also be made available to nonprofit entities to carry out any of their business or other functions. Each authority of the United States that makes grants to nonprofit entities shall take appropriate action to inform such entities of the availability of inmates for this purpose. The Attorney General shall make rules governing the provision of services by inmates to such entities and the payment of any wages or other compensation for such services.''. (b) Use of Prison Labor by Private Entities.-- (1) Section 4125(a) of title 18, United States Code, is amended by inserting ``, and notwithstanding any other provision of law, to for-profit American entities either located in a foreign country or considering moving to a foreign country by reason of high domestic labor costs for work for those entities'' after ``Congress''. (2) The Attorney General may provide incentives to American entities either located in a foreign country or considering moving to a foreign country by reason of high domestic labor costs, such as the use of space and facilities in Federal prisons at a free or reduced rate. (3) The Attorney General shall make rules governing the provision of services by prisoners to private for-profit entities under this subsection and the amendment made by this subsection. Such rules shall govern the wages and other proceeds paid by entities for those services. (c) Use of Revenues From Prison Labor.-- (1) There is established in the Treasury a Fund (hereinafter in this subsection referred to as the ``Fund''. (2) All proceeds and wages, less any taxes or withholding required by Federal or State law, from prison labor shall be placed in the Fund. (3) The Fund shall be used, under guidelines established by the Attorney General, as follows: (A) One third shall be used to offset the costs of prisoner incarceration. (B) One third shall be used for victim restitution. (C) One tenth to be held in a non-interest bearing account for the individual prisoner, to be paid on release from prison, but if the prisoner will not be eligible for release, then this portion shall be immediately available for use under subparagraph (B). (D) The remainder to States for programs to benefit the dependents of prisoners, but only to those States the Attorney General determines have substantially the same prison work requirements and prison conditions as established for Federal prisoners. SEC. 4. PRISONERS UNDER THE FAIR LABOR STANDARDS ACT OF 1938 AND THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970. (a) Fair Labor Standards Act of 1938.--Section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)) is amended by adding at the end the following: ``(5) The term `employee' does not include a prisoner confined in a Federal or State prison, in a prison of a political subdivision of a State, or in a prison maintained for the Federal Government, a State government, or political subdivision government.''. (b) Occupational Safety and Health Act of 1970.--Section 3(6) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652(6)) is amended by adding at the end the following: ``The term `employee' does not include a prisoner confined in a Federal or State prison, in a prison of a political subdivision of a State, or in a prison maintained for the Federal Government, a State government, or political subdivision government.''. SEC. 5. PRISON CONDITIONS. The Bureau of Prisoners shall ensure that Federal prisoners-- (1) do not smoke, use or possess any type of tobacco; (2) do not possess, view or read pornographic or sexually explicit materials; (3) are subject to regular and random testing for drugs and illegal substances; (4) do not possess microwave ovens, hot plates, toaster ovens, or televisions (unless provided by the prison for group viewing), or VCRs; (5) do not possess, or listen to, music which contains lyrics that are violent, sexually explicit, vulgar, glamorize gang membership or activities, demean women or disrespect law enforcement; (6) do not view cable television which is not educational in nature; and (7) do not engage in sexual activity. SEC. 6. CONVICT PILOT PROJECTS. Section 1761(c)(1) of title 18, United States Code, is amended by striking ``--one of not more than 50''.

Prison Work and Victim Restitution Act of 1996 - Amends the Crime Control Act of 1990 to require convicted inmates confined in Federal prisons, jails, and other detention facilities to engage in: (1) work for no fewer than 50 hours weekly; and (2) job-training and educational and life skills preparation study. Allows nonprofit entities to utilize the services of prisoners if opportunities otherwise provided by law for inmates to work are insufficient to meet such requirements. Authorizes the Attorney General to: (1) make prisoners available to for-profit American entities either located in a foreign country or considering moving to a foreign country because of high domestic labor costs, subject to specified requirements; and (2) provide incentives to such entities, such as the use of space and facilities in Federal prisons at a free or reduced rate. Directs the Attorney General to make rules governing the provision of services by inmates to such nonprofit and for-profit entities. Establishes in the Treasury a Fund into which shall be placed all proceeds and wages from prison labor. Directs that such Fund be used: (1) to offset the costs of prisoner incarceration (one third); (2) for victim restitution (one third); (3) for payment into the individual prisoner's account to be paid upon his or her release (one tenth); and (4) for payments to States with prison work requirements that are substantially the same as Federal requirements for programs to benefit the dependents of prisoners. Amends the Fair Labor Standards Act of 1938 and the Occupational Safety and Health Act of 1970 to exclude prisoners from the term "employee" for purposes of such Acts. Directs the Bureau of Prisons to ensure that Federal prisoners: (1) are subject to regular and random testing for drugs and illegal substances; (2) do not engage in specified activities, such as smoking, viewing pornographic materials, or sexual activity; and (3) do not possess microwave ovens, hot plates, toaster overs, televisions, or VCRs. Repeals the limitation on the number of non-Federal prison work pilot projects with respect to which penalties for transporting in interstate commerce or importing from any foreign country into the United States goods, wares, or merchandise manufactured, produced, or mined wholly or in part by convicts or prisoners are inapplicable.

Prison Work and Victim Restitution Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anton's Law''. SEC. 2. IMPROVEMENT OF SAFETY OF CHILD RESTRAINTS IN PASSENGER MOTOR VEHICLES. (a) In General.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Transportation shall initiate a rulemaking proceeding to establish performance requirements for child restraints, including booster seats, for the restraint of children weighing more than 50 pounds. (b) Elements for Consideration.--In the rulemaking proceeding required by subsection (a), the Secretary shall-- (1) consider whether to include injury performance criteria for child restraints, including booster seats and other products for use in passenger motor vehicles for the restraint of children weighing more than 40 pounds, under the requirements established in the rulemaking proceeding; (2) consider whether to establish performance requirements for seat belt fit when used with booster seats and other belt guidance devices; (3) consider whether to develop a solution for children weighing more than 40 pounds who only have access to seating positions with lap belts, such as allowing tethered child restraints for such children; and (4) review the definition of the term ``booster seat'' in Federal motor vehicle safety standard No. 213 under section 571.213 of title 49, Code of Federal Regulation, to determine if it is sufficiently comprehensive. (c) Completion.--The Secretary shall complete the rulemaking proceeding required by subsection (a) not later than 30 months after the date of the enactment of this Act. SEC. 3. REPORT ON DEVELOPMENT OF CRASH TEST DUMMY SIMULATING A 10-YEAR OLD CHILD. Not later than 120 days after the date of the enactment of this Act, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the U.S. House of Representatives Committee on Energy and Commerce a report on the current schedule and status of activities of the Department of Transportation to develop, evaluate, and certify a commercially available dummy that simulates a 10-year old child for use in testing the effectiveness of child restraints used in passenger motor vehicles. SEC. 4. REQUIREMENTS FOR INSTALLATION OF LAP AND SHOULDER BELTS. (a) In General.--Not later than 24 months after the date of the enactment of this Act, the Secretary of Transportation shall complete a rulemaking proceeding to amend Federal motor vehicle safety standard No. 208 under section 571.208 of title 49, Code of Federal Regulations, relating to occupant crash protection, in order to-- (1) require a lap and shoulder belt assembly for each rear designated seating position in a passenger motor vehicle with a gross vehicle weight rating of 10,000 pounds or less, except that if the Secretary determines that installation of a lap and shoulder belt assembly is not practicable for a particular designated seating position in a particular type of passenger motor vehicle, the Secretary may exclude the designated seating position from the requirement; and (2) apply that requirement to passenger motor vehicles in phases in accordance with subsection (b). (b) Implementation Schedule.--The requirement prescribed under subsection (a)(1) shall be implemented in phases on a production year basis beginning with the production year that begins not later than 12 months after the end of the year in which the regulations are prescribed under subsection (a). The final rule shall apply to all passenger motor vehicles with a gross vehicle weight rating of 10,000 pounds or less that are manufactured in the third production year of the implementation phase-in under the schedule. (c) Report on Determination To Exclude.-- (1) Requirement.--If the Secretary determines under subsection (a)(1) that installation of a lap and shoulder belt assembly is not practicable for a particular designated seating position in a particular type of motor vehicle, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the U.S. House of Representatives Committee on Energy and Commerce a report specifying the reasons for the determination. (2) Deadline.--The report under paragraph (1) shall be submitted, if at all, not later than 30 days after the date on which the Secretary issues a final rule under subsection (a). SEC. 5. TWO-YEAR EXTENSION OF CHILD PASSENGER PROTECTION EDUCATION GRANTS PROGRAM. Section 2003(b)(7) of the Transportation Equity Act for the 21st Century (23 U.S.C. 405 note; 112 Stat. 328) is amended by striking ``and 2001.'' and inserting ``through 2003.'' SEC. 6. GRANTS FOR IMPROVING CHILD PASSENGER SAFETY PROGRAMS. (a) In General.--Chapter 4 of title 23, United States Code, is amended by adding at the end the following new section: ``Sec. 412. Grant program for improving child passenger safety programs ``(a) Standards and Requirements Regarding Child Restraint Laws.-- Not later than October 1, 2002, the Secretary shall establish appropriate criteria applicable to child restraint laws for purposes of eligibility for grants under this section. The criteria shall be consistent with the provisions of Anton's Law. ``(b) Requirement To Make Grants.-- ``(1) In general.--The Secretary shall make a grant to each State and Indian tribe that, as determined by the Secretary, has a child restraint law in effect on September 30, 2004. ``(2) Limitation on number of grants.--Not more than one grant may be made to a State or Indian tribe under this section. ``(3) Commencement.--The requirement in paragraph (1) shall commence on October 1, 2004. ``(c) Grant Amount.--The amount of the grant to a State or Indian tribe under this section shall be the amount equal to five times the amount provided to the State or Indian tribe, as the case may be, under section 2003(b)(7) of the Transportation Equity Act for the 21st Century (23 U.S.C. 405 note) in fiscal year 2003. ``(d) Use of Grant Amounts.-- ``(1) In general.--A State or Indian tribe shall use any amount received by the State or Indian tribe, as the case may be, under this section to carry out child passenger protection programs for children under the age of 16 years, including programs for purposes as follows: ``(A) To educate the public concerning the proper use and installation of child restraints, including booster seats. ``(B) To train and retain child passenger safety professionals, police officers, fire and emergency medical personnel, and educators concerning all aspects of the use of child restraints. ``(C) To provide child restraint systems, including booster seats and the hardware needed for their proper installation, to families that cannot otherwise afford such systems. ``(D) To support enforcement of the child restraint law concerned. ``(2) Limitation on federal share.--The Federal share of the cost of a program under paragraph (1) that is carried out using amounts from a grant under this section may not exceed 80 percent of the cost of the program. ``(e) Administrative Expenses.--The amount of administrative expenses under this section in any fiscal year may not exceed the amount equal to five percent of the amount available for making grants under this section in the fiscal year. ``(f) Applicability of Chapter 1.--The provisions of section 402(d) of this title shall apply to funds authorized to be appropriated to make grants under this section as if such funds were highway safety funds authorized to be appropriated to carry out section 402 of this title. ``(g) Definitions.--In this section: ``(1) Child restraint law.--The term `child restraint law' means a law that-- ``(A) satisfies standards established by the Secretary under Anton's Law for the proper restraint of children who are over the age of 3 years or who weigh at least 40 pounds; ``(B) prescribes a penalty for operating a passenger motor vehicle in which any occupant of the vehicle who is under the age of 16 years is not properly restrained in an appropriate restraint system (including seat belts, booster seats used in combination with seat belts, or other child restraints); and ``(C) meets any criteria established by the Secretary under subsection (a) for purposes of this section. ``(2) Passenger motor vehicle.--The term `passenger motor vehicle' has the meaning given that term in section 405(f)(5) of this title. ``(3) State.--The term `State' has the meaning given in section 101 of this title and includes any Territory or possession of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of that chapter is amended by inserting after the item relating to section 411 the following new item: ``412. Grant program for improving child passenger safety programs.''. SEC. 7. DEFINITIONS. In this Act: (1) Child restraint.--The term ``child restraint'' means any product designed to provide restraint to a child (including booster seats and other products used with a lap and shoulder belt assembly) that meets applicable Federal motor vehicle safety standards prescribed by the National Highway Traffic Safety Administration. (2) Production year.--The term ``production year'' means the 12-month period between September 1 of a year and August 31 of the following year. (3) Passenger motor vehicle.--The term ``passenger motor vehicle'' has the meaning given that term in section 405(f)(5) of title 23, United States Code. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out this Act, including the making of grants under section 412 of title 23, United States Code, as added by section 6. Passed the Senate February 25, 2002. Attest: JERI THOMSON, Secretary.

Anton's Law - Directs the Secretary of Transportation to initiate a rulemaking proceeding to establish certain performance requirements for child restraints, including booster seats, for the restraint of children weighing more than 50 pounds.(Sec. 3) Directs the Secretary to report to specified congressional committees on the current schedule and status of Department of Transportation activities to develop, evaluate, and certify a commercially available dummy that simulates a ten-year old child for use in testing the effectiveness of child restraints used in passenger motor vehicles.(Sec. 4) Directs the Secretary to complete a rulemaking proceeding to amend certain Code of Federal Regulations motor vehicle safety standards relating to occupant crash protection in order to: (1) require a lap and shoulder belt assembly for each rear designated seating position in a passenger motor vehicle with a gross vehicle weight rating of 10,000 pounds or less (except that if the Secretary determines that installation of a lap and shoulder belt assembly is not practicable for a particular designated seating position in a particular type of passenger motor vehicle, then the Secretary may exclude the designated seating position from the requirement); and (2) apply such requirement to passenger motor vehicles in a certain phase-in schedule. Requires the Secretary to report to specified congressional committees if installation of a lap and shoulder belt assembly is not practicable for a particular designated seating position in a particular type of motor vehicle.(Sec. 5) Amends the Transportation Equity Act for the 21st Century to extend the child passenger protection education grants program for a two-year period.(Sec. 6) Amends Federal highway law to direct the Secretary to: (1) establish appropriate criteria applicable to child restraint laws for purposes of eligibility for grants on improving child passenger safety programs for children under the age of 16 years; and (2) make such grants to each State and Indian tribe that has a child restraint law in effect as of September 30, 2004. Sets forth certain grant requirements.(Sec. 8) Authorizes appropriations.

A bill to provide for the improvement of the safety of child restraints in passenger motor vehicles, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Enhancement and Revitalization Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The National Park Service has insufficient funds for the operations, maintenance, and rehabilitation of certain units of the National Park System. (2) Federal full fee land ownership is not always required to preserve the aesthetic, natural, cultural, and historical values of National Park System lands, and at times may even prevent desirable preservation. (3) The sale or lease or any extension thereof of lands or interests therein within units of the National Park System could generate needed funds while preserving the values for which the units were established. SEC. 3. PERMITTING PRIVATE OWNERSHIP OR USE OF NATIONAL PARK SYSTEM LANDS. The Act of August 25, 1916 (popularly known as the National Park Service Organic Act; 16 U.S.C. 1241 et seq.), is amended by adding at the end the following new section: ``Sec. 5. (a) Disposal of Property and Interests.--(1) The Secretary of the Interior, after determining it to be in the public interest and after publication of notice in the Federal Register and 30 days for public comment-- ``(A) may dispose of lands, or interests therein (but not the mineral estate), within the National Battlefields, National Historical Parks, and other National Park System units which preserve American history; and ``(B) may accept as consideration for the disposal other lands, interests in lands, cash payment, or any combination thereof which is equal in value to the lands or interests being disposed of. ``(2) To protect the aesthetic, recreational, cultural, or historic values of the unit of the National Park System, the Secretary shall include in such disposals any terms, covenants, conditions, or reservations deemed necessary to ensure preservation of the public interest and uses consistent with the purposes for which the area was designated and to attempt to stimulate the land use patterns existing at the relevant historic period. ``(3) In disposing of lands or interests under this subsection, the Secretary shall, to the extent practicable, provide the person or persons, or their heirs, as determined from the deed and land records, from whom the land or interest was acquired by the United States an opportunity to reacquire the land or interest. The Secretary shall publish a notice in an appropriate regional or local newspaper in an attempt to locate such persons. ``(4) Each disposal in excess of $150,000 shall be reported to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate at least 30 days prior to consummation of the disposal. ``(5) The person or persons acquiring lands or interests therein under this subsection shall bear all reasonable costs of survey and appraisal incidental to such conveyance, as determined by the Secretary. ``(b) Lease.--(1) The Secretary of the Interior, after determining it to be in the public interest and after publication of notice in the Federal Register and 30 days for public comment, may lease lands or extend existing leases within the National Battlefields, National Historical Parks, and other National Park System units which preserve American history for private uses that promote, and are consistent with, the purposes for which the area was designated and that attempt to stimulate the land use patterns existing at the relevant historic period. ``(2) To the extent practicable, the Secretary shall provide the person or persons, or their heirs, as determined from the deed and land records, from whom the land or interest was acquired by the United States an opportunity to lease the land for acceptable uses. The Secretary shall publish a notice in an appropriate regional or local newspaper in an attempt to locate such persons. ``(3) Such leases may be negotiated noncompetitively. If the original owner or heirs cannot be identified or are not interested, leases shall be offered competitively. In either case, leases must specify acceptable uses and terms and must at least recover the costs of establishing and administering the lease. ``(c) Use of Revenues.--Amounts received by the United States as proceeds from the sale or lease of lands or interests therein under this section, in excess of administrative costs, shall be deposited in a special fund in the Treasury and shall be available to the Secretary of the Interior, without further appropriation, for operation, maintenance, or improvement of, or for acquisition of lands or interests therein for, the unit which generated the proceeds. ``(d) Acquiring Less Than Fee Title.--The Secretary of the Interior, after determining it to be in the public interest and in compliance with other acquisition requirements, may acquire easements or other interests in lands for inclusion in the National Park System, if-- ``(1) the easement or interest provides public benefits greater than the cost of the easement or interest, and ``(2) the cost of the easement or interest is less than a fee simple purchase of the land, including the costs for periodic monitoring and enforcement to ensure compliance with such agreements.''. SEC. 4. STUDY. The Government Accounting Office (GAO) of the United States shall undertake a study of easements and other less-than-fee title acquisitions of interests in lands for the National Park System to assess their effectiveness, including total costs and compliance with agreements, and their efficiency for producing public benefits.

National Park Enhancement and Revitalization Act - Amends the National Park Service Organic Act to authorize the Secretary of the Interior, after a positive determination of being in the public interest and publication of notice in the Federal Register, to dispose of lands or interests therein within the National Battlefields, National Historical Parks, and other units of the National Park System (NPS) and to accept other land, cash, or a combination of each as consideration for such disposals. Requires the Secretary to: (1) include in disposal terms such conditions or reservations to ensure preservation of the public interest and uses of such areas; and (2) allow landowners from whom such land was originally acquired by the United States an opportunity to reacquire such land or interest. Requires each disposal in excess of $150,000 to be reported to specified congressional committees. Authorizes the Secretary to lease NPS units under similar conditions as above. Authorizes the Secretary to acquire easements or other interests in lands for inclusion in the NPS under specified conditions. Directs the General Accounting Office to undertake a study of less-than-fee title acquisitions of interests in lands for the NPS to assess their effectiveness and efficiency for producing public benefits.

National Park Enhancement and Revitalization Act

SECTION 1. FINDINGS. The Congress finds the following: (1) The United States has enjoyed a renaissance in energy production, establishing the United States as the world's leading oil producer. (2) By authorizing crude oil exports, the Congress can spur domestic energy production, create and preserve jobs, help maintain and strengthen our independent shipping fleet that is essential to national defense, and generate State and Federal revenues. (3) An energy-secure United States that is a net exporter of energy has the potential to transform the security environment around the world, notably in Europe and the Middle East. (4) For our European allies and Israel, the presence of more United States oil in the market will offer more secure supply options, which will strengthen United States strategic alliances and help curtail the use of energy as a political weapon. (5) The 60-ship Maritime Security Fleet is a vital element of our military's strategic sealift and global response capability. It assures United States-flag ships and United States crews will be available to support the United States military when it needs to mobilize to protect our allies, and is the most prudent and economical solution to meet current and projected sealift requirements for the United States. (6) The Maritime Security Fleet program provides a labor base of skilled American mariners who are available to crew the United States Government-owned strategic sealift fleet, as well as the United States commercial fleet, in both peace and war. (7) The United States has reduced its oil consumption over the past decade, and increasing investment in clean energy technology and energy efficiency will lower energy prices, reduce greenhouse gas emissions, and increase national security. SEC. 2. REPEAL. Section 103 of the Energy Policy and Conservation Act (42 U.S.C. 6212) and the item relating thereto in the table of contents of that Act are repealed. SEC. 3. NATIONAL POLICY ON OIL EXPORT RESTRICTION. Notwithstanding any other provision of law, to promote the efficient exploration, production, storage, supply, marketing, pricing, and regulation of energy resources, including fossil fuels, no official of the Federal Government shall impose or enforce any restriction on the export of crude oil. SEC. 4. STUDY AND RECOMMENDATIONS. (a) Strategic Petroleum Reserve.--Not later than 120 days after the date of enactment of this Act, the Secretary of Energy shall conduct a study and transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate recommendations on the appropriate size, composition, and purpose of the Strategic Petroleum Reserve. (b) Greenhouse Gas Emissions.--Not later than 120 days after the date of enactment of this Act, the Secretary of Energy shall conduct, and transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate the results of, a study on the net greenhouse gas emissions that will result from the repeal of the crude oil export ban under section 2. (c) Strategic Petroleum Reserve Study.--Not later than 120 days after the date of enactment of this Act, the Secretary of Energy shall conduct a study and transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate recommendations on the appropriate size, composition, and purpose of the Strategic Petroleum Reserve. (d) Crude Oil Export Study.-- (1) In general.--The Department of Commerce, in consultation with the Department of Energy, and other departments as appropriate, shall conduct a study of the State and national implications of lifting the crude oil export ban with respect to consumers and the economy. (2) Contents.--The study conducted under paragraph (1) shall include an analysis of-- (A) the economic impact that exporting crude oil will have on the economy of the United States; (B) the economic impact that exporting crude oil will have on consumers, taking into account impacts on energy prices; (C) the economic impact that exporting crude oil will have on domestic manufacturing, taking into account impacts on employment; and (D) the economic impact that exporting crude oil will have on the refining sector, taking into account impacts on employment. (3) Report to congress.--Not later than 1 year after the date of enactment of this Act, the Bureau of Industry and Security shall submit to Congress a report containing the results of the study conducted under paragraph (1). SEC. 5. SAVINGS CLAUSE. Nothing in this Act limits the authority of the President under the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), part B of title II of the Energy Policy and Conservation Act (42 U.S.C. 6271 et seq.), the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.), or any other provision of law that imposes sanctions on a foreign person or foreign government (including any provision of law that prohibits or restricts United States persons from engaging in a transaction with a sanctioned person or government), including a foreign government that is designated as a state sponsor of terrorism, to prohibit exports. SEC. 6. NATIONAL DEFENSE SEALIFT ENHANCEMENT. (a) Payments.--Section 53106(a)(1) of title 46, United States Code, is amended-- (1) in subparagraph (B), by striking the comma before ``for each''; (2) in subparagraph (C), by striking ``2016, 2017, and 2018;'' and inserting ``and 2016''; (3) by redesignating subparagraph (E) as subparagraph (G); and (4) by striking subparagraph (D) and inserting the following: ``(D) $4,999,950 for fiscal year 2017; ``(E) $5,000,000 for each of fiscal years 2018, 2019, and 2020; ``(F) $5,233,463 for fiscal year 2021; and''. (b) Authorization of Appropriations.--Section 53111 of title 46, United States Code, is amended-- (1) in paragraph (3), by striking ``2016, 2017, and 2018;'' and inserting ``and 2016''; (2) by redesignating paragraph (5) as paragraph (7); and (3) by striking paragraph (4) and inserting the following: ``(4) $299,997,000 for fiscal year 2017; ``(5) $300,000,000 for each of fiscal years 2018, 2019, and 2020; ``(6) $314,007,780 for fiscal year 2021; and''. SEC. 7. PARTNERSHIPS WITH MINORITY SERVING INSTITUTIONS. (a) In General.--The Department of Energy shall continue to develop and broaden partnerships with minority serving institutions, including Hispanic Serving Institutions (HSI) and Historically Black Colleges and Universities (HBCUs) in the areas of oil and gas exploration, production, midstream, and refining. (b) Public-Private Partnerships.--The Department of Energy shall encourage public-private partnerships between the energy sector and minority serving institutions, including Hispanic Serving Institutions and Historically Black Colleges and Universities. SEC. 8. REPORT. Not later than 10 years after the date of enactment of this Act, the Secretary of Energy and the Secretary of Commerce shall jointly transmit to Congress a report that reviews the impact of lifting the oil export ban under this Act as it relates to promoting United States energy and national security. SEC. 9. REPORT TO CONGRESS. Not later than 180 days after the date of enactment of this Act, the Secretary of Energy and the Secretary of Commerce shall jointly transmit to Congress a report analyzing how lifting the ban on crude oil exports will help create opportunities for veterans and women in the United States, while promoting energy and national security. SEC. 10. PROHIBITION ON EXPORTS OF CRUDE OIL, REFINED PETROLEUM PRODUCTS, AND PETROCHEMICAL PRODUCTS TO THE ISLAMIC REPUBLIC OF IRAN. Nothing in this Act shall be construed to authorize the export of crude oil, refined petroleum products, and petrochemical products by or through any entity or person, wherever located, subject to the jurisdiction of the United States to any entity or person located in, subject to the jurisdiction of, or sponsored by the Islamic Republic of Iran. Passed the House of Representatives October 9, 2015. Attest: KAREN L. HAAS, Clerk.

(Sec. 3) Amends the Energy Policy and Conservation Act to repeal authority to restrict the export of: (1) coal, petroleum products, natural gas, or petrochemical feedstocks; and (2) supplies of materials or equipment necessary to maintain or further exploration, production, refining, or transportation of energy supplies, or for the construction or maintenance of energy facilities within the United States. Prohibits any federal official from imposing or enforcing any restriction on the export of crude oil. (Sec. 4) Directs the Department of Energy (DOE) to study: (1) the appropriate size, composition, and purpose of the Strategic Petroleum Reserve; and (2) the net greenhouse gas emissions that will result from the repeal of the crude oil export ban. Directs the Department of Commerce to study the state and national implications of lifting the crude oil export ban with respect to consumers and the economy, including energy prices and employment. (Sec. 5) Declares that this Act does not limit the authority of the President to prohibit exports under either the Constitution, the International Emergency Economic Powers Act, the National Emergencies Act, the Energy Policy and Conservation Act, Trading with the Enemy Act, or any other law that imposes sanctions on a foreign person or foreign government (or prohibits or restricts U.S. persons from engaging in a transaction with a sanctioned person or government), including a foreign government designated as a state sponsor of terrorism. (Sec. 6) Increases for FY2017-FY2021 both the authorization of appropriations and payments to contractors for each vessel in the Maritime Security Fleet covered by an operating agreement. (Sec. 7) Directs DOE to: (1) continue to develop and broaden partnerships with minority serving institutions, including Hispanic Serving Institutions and Historically Black Colleges and Universities in the areas of oil and gas exploration, production, midstream, and refining; and (2) encourage public-private partnerships between the energy sector and those institutions. (Sec. 8) Requires both DOE and the Commerce to report jointly to Congress regarding: the impact of lifting the oil export ban under this Act as it relates to promoting U.S. energy and national security; and how lifting the ban will help create opportunities for veterans and women in the United States, while promoting energy and national security. (Sec. 10) Declares that nothing in this Act shall be construed as authorizing the export of crude oil, refined petroleum products, and petrochemical products by any entity or person subject to U.S. jurisdiction to any entity or person located in, subject to the jurisdiction of, or sponsored by the Islamic Republic of Iran.

To adapt to changing crude oil market conditions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Law Enforcement Act of 2005''. SEC. 2. FINDINGS. The Congress finds that: (1) Federal officials do not have sufficient manpower or resources to prevent criminals, terrorists, and foreign nationals who have entered the United States illegally from engaging in criminal activity. Local and State law enforcement officials are being overwhelmed by growing lawlessness along our southern international border. (2) There is a rapidly growing number of armed and dangerous criminals, violent gang members, drug smugglers, and potential terrorists entering the United States illegally over our southern international border. These criminals are becoming increasingly well organized, trained and equipped, and in recent months a trend is developing which indicates that the level of violence and the volume of criminal activity along the Rio Grande is rapidly escalating to the level of open warfare between law enforcement officials and organized criminal narco- terrorists. (3) Federal and State law enforcement officials have identified an alarming increase in the number of foreign nationals from countries with known connections to terrorist organizations who are hiding among an immense and rapidly growing number of foreign nationals who are entering the United States illegally. (4) The United States is at war with terrorist criminal organizations and with individuals from foreign nations who are fanatically committed to the destruction of the United States, who have repeatedly demonstrated their ability and willingness to hide their true identities and their evil purposes, and who may enter and move about the United States illegally and use sneak attacks and any criminal means or method available to them to cause the mass destruction of human life in the United States. (5) The peace, security, and well being of the people of the United States are being placed at grave risk by the inability or unwillingness of Federal officials to protect our international borders and prevent individuals from entering and remaining in the United States illegally during our war on terrorists. The lawlessness along our southern international border is unacceptable, and presents a clear and present danger to the nation. SEC. 3. DESIGNATED COUNTY LAW ENFORCEMENT ASSISTANCE PROGRAM. (a) Authority and Statements of Policy.-- (1) The Congress recognizes that elected State and local law enforcement officials are directly accountable to State and local voters. Therefore, by passage of this Act, Congress reaffirms the residual full sovereign authority of the States to protect the lives, safety, and property of the people within their jurisdiction by preventing and punishing criminal activity, subject only to judicial enforcement of minimum Federal standards of due process and equal protection under the 14th Amendment. (2) This Act authorizes the Sheriffs in designated counties adjacent to the southern international border area, who are the highest locally elected law enforcement authority in those areas, to coordinate law enforcement operations in support of personnel of United States Customs and Border Protection and Immigration and Customs Enforcement, to conduct law enforcement operations in the interior areas in their counties, including the areas on and adjacent to the international border, to ensure, as determined by Federal law enforcement officials, that individuals detained or taken into custody by the Sheriff are lawfully present in the United States, and to otherwise authorize Sheriffs to assume full and final sovereign authority to enforce criminal laws and to protect the peace, safety, and security of all persons and property in their counties. (3) The Congress finds that the rapidly escalating lawlessness on our Nation's southern international border and interior areas adjacent to the international border, and the inability of Federal officials to control this lawlessness, make the provisions of this Act reaffirming full sovereign power to enforce criminal law in State and local officials necessary ``to execute the Laws of the Union'' and ``to insure domestic Tranquility, provide for the common defense'' and to ``promote the general Welfare''. Federal officials are directed to implement, enforce, and carry out vigorously and promptly the intent of Congress as expressed in this Act. (b) Establishment of Program.-- (1) In general.--A Designated County Law Enforcement Assistance program is hereby established jointly within the Department of Justice and the Department of Homeland Security in order to provide immediate and long term financial assistance and authorization for the law enforcement operations of Sheriffs in counties adjacent to the southern international border of the United States. (2) Designated counties adjacent to the southern border of the united states defined.--In this Act, the term ``designated counties adjacent to the southern international border of the United States'' includes a county any part of which is within 25 miles of the southern international border of the United States. (c) Authority.-- (1) In general.--Any Sheriff or coalition or group of Sheriffs from designated counties adjacent to the southern international border of the United States is authorized to perform the following duties or functions, and shall be promptly paid for the costs of performing such duties or functions by the Attorney General or the Secretary of Homeland Security for any local or State funds previously expended or proposed to be spent by that Sheriff or coalition or group of Sheriffs. (A) To conduct law enforcement operations in the interior areas of their counties on and adjacent to the southern international border of the United States in order to enforce criminal laws, prevent and punish criminal activity, and protect the lives, property, and security of the people within the jurisdiction of the Sheriff. (B) To transfer aliens detained or in the custody of the Sheriff who are not lawfully present in the United States to appropriate Federal law enforcement officials. (C) To enforce State and Federal laws relating to controlled substance trafficking and enforce other State and Federal criminal laws (other than Federal immigration laws, except as provided pursuant to a written agreement entered into with the Secretary of Homeland Security relating to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers) under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g))) in interior areas of their counties on and adjacent to the southern international border of the United States. (2) Payment of costs.--Payment of costs under paragraph (1) shall include payment-- (A) for costs of equipping, training, and otherwise controlling the operation and deployment of Sheriffs, deputy Sheriffs, reserve deputy Sheriffs, officers, and corrections officers, as well as the costs of paying overtime to such officials engaged in duties relating to activities authorized by this Act or necessary to protect the lives, safety, and property of persons in their counties; and (B) for costs of detaining, housing, and transporting aliens who are not lawfully present in the United States or who have unlawfully entered the United States at a location other than a port of entry and who are taken into custody by the Sheriff. (3) Limitation to future costs.--In no case shall payment be made under this section for costs incurred before the date of the enactment of this Act. (4) Advance payment of costs.--The Attorney General shall make an advance payment under this section upon a certification of anticipated costs for which payment may be made under this section, but in no case shall such an advance payment cover a period of costs of longer than 3 months. (d) Designated County Law Enforcement Account.-- (1) Separate account.--Reimbursement or pre-payment under subsection (c) shall be made promptly from funds deposited into a separate account in the Treasury of the United States to be entitled the ``Designated County Law Enforcement Account''. (2) Availability of funds.--All deposits into the Designated County Law Enforcement Account shall remain available until expended to the Attorney General to carry out the provisions of this Act. (3) Promptly defined.--For purposes of this Act, the term ``promptly'' means within 60 days. (e) Funds for the Designated County Law Enforcement Account.--Only funds designated, authorized, or appropriated by Congress may be deposited or transferred to the Designated County Law Enforcement Account. The Designated County Law Enforcement Account is authorized to receive up to $100 million per year. (f) Use of Funds.-- (1) In general.--Funds provided under this section shall be payable directly to participating Sheriff's offices and may be used for the duties and functions described in subsection (c)(1), including the costs of personnel (such as overtime pay and costs for reserve deputies), costs of training of such personnel, equipment, and, subject to paragraph (2), the construction, maintenance, and operation of detention facilities to detain aliens who are unlawfully present in the United States. For purposes of this Act, an alien who is unlawfully present in the United States shall be deemed to be a Federal prisoner beginning upon determination by Federal law enforcement officials that such alien is unlawfully present in the United States, and such alien shall, upon such determination, be deemed to be in Federal custody. In order for costs to be eligible for payment, the Sheriff making such application shall personally certify under oath that all costs submitted in the application for reimbursement or advance payment meet the requirements of this section and are reasonable and necessary, and such certification shall be subject to all State and Federal laws governing statements made under oath, including the penalties of perjury, removal from office, and prosecution under State and Federal law. (2) Limitation.--Not more than 20 percent of the amount of funds provided under this section may be used for the construction or renovation of detention or similar facilities. (g) Disposition and Delivery of Detained Aliens.--All aliens detained or taken into custody by a Sheriff under this Act and with respect to whom Federal law enforcement officials determine are unlawfully present in the United States, shall be immediately delivered to Federal law enforcement officials. In accordance with subsection (f)(1), an alien who is in the custody of a Sheriff shall be deemed to be a Federal prisoner and in Federal custody. SEC. 4. REGULATIONS; EFFECTIVE DATE; AUDIT; SUPPLEMENTAL FUNDING. (a) Regulations.--The Attorney General and the Secretary of Homeland Security shall jointly issue, on an interim final basis, regulations not later than 60 days after the date of the enactment of this Act-- (1) governing the distribution of funds under this Act for all reasonable and necessary costs and other expenses incurred or proposed to be incurred by a Sheriff or coalition or group of Sheriffs under this Act; and (2) providing uniform standards that all other Federal law enforcement officials shall follow to cooperate with such Sheriffs and to otherwise implement the requirements of this Act. (b) Effective Date.--The provisions of this Act shall take effect on its enactment. The promulgation of any regulations under subsection (a) is not a necessary precondition to the immediate deployment or work of Sheriffs personnel or corrections officers as authorized by this Act. Any reasonable and necessary expenses or costs authorized by this Act and incurred by such Sheriffs after the date of the enactment of this Act but prior to the date of the promulgation of such regulations are eligible for reimbursement under the terms and conditions of this Act. (c) Audit.--All funds paid out under this Act are subject to audit by the Inspector General of the Department of Justice and abuse or misuse of such funds shall be vigorously investigated and prosecuted to the full extent of Federal law. (d) Supplemental Funding.--All funds paid out under this Act must supplement, and may not supplant, State or local funds used for the same or similar purposes.

Border Law Enforcement Act of 2005 - Establishes a Designated County Law Enforcement Assistance program jointly within the Department of Justice and the Department of Homeland Security (DHS) to provide financial assistance and authorization for the law enforcement operations of sheriffs in counties adjacent to the southern U.S. border. Authorizes the sheriffs in these counties to: (1) coordinate law enforcement operations in support of U.S. Customs and Border Protection and Immigration and Customs Enforcement; (2) conduct law enforcement operations in their counties in order to enforce criminal laws and protect lives, property, and security; (3) transfer aliens detained or taken into custody who are not lawfully present in the United States to appropriate federal law enforcement officials; (4) enforce state and federal laws relating to controlled substance trafficking and other criminal laws other than immigration laws (except as provided in an agreement with DHS); and (5) be paid for the costs of performing such duties or functions by the Attorney General or the Secretary of Homeland Security. Creates the Designated County Law Enforcement Account in the Treasury. Requires the Attorney General and the Secretary to jointly issue regulations that govern the distribution of funds under this Act and provide uniform standards that all other federal law enforcement officials shall follow to cooperate with such sheriffs.

To enforce law and order by establishing a program to authorize, fund, and otherwise assist local Sheriffs' offices in designated counties to provide a second line of defense alongside and in close cooperation with the United States Customs Border Protection (CBP) and Immigration and Customs Enforcement, to conduct law enforcement operations in their counties along the southern international border of the United States, and to prevent lawlessness in border areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act''. SEC. 2. DRUG SCREENING MADE A CONDITION OF BENEFIT RECEIPT. (a) In General.--Section 303(l) of the Social Security Act (42 U.S.C. 503(l)) is amended to read as follows: ``(l)(1) Nothing in this Act or any other provision of Federal law shall be considered to prevent a State from enacting legislation to provide for testing an applicant for unemployment compensation for the unlawful use of controlled substances as a condition for receiving such compensation, including legislation that provides for the following procedures: ``(A) No regular compensation may be paid to an applicant for such compensation with respect to a benefit year unless, before the receipt of any such compensation-- ``(i) the applicant has completed a substance abuse risk assessment for such benefit year; and ``(ii) subject to subparagraph (B), if the State determines based on the results of such assessment that the applicant is a high-risk applicant, not later than 1 week after the results of the assessment are determined, the applicant tests negative for controlled substances. ``(B) If a high-risk applicant tests positive for any controlled substance-- ``(i) if such test result is the first positive test result for such applicant in the benefit year-- ``(I) no regular compensation may be paid to such applicant for a period of 30 days beginning on the date that such test result is determined; and ``(II) no regular compensation may be paid to such applicant during the remainder of such benefit year unless the applicant tests negative for controlled substances at the end of such period; and ``(ii) if such test result is not the first positive test result for such applicant in the benefit year, no regular compensation may be paid to such applicant during the remainder of such benefit year. ``(C) A high-risk applicant receiving benefits with respect to a benefit year shall be subject to testing for controlled substances by the State at any time during the benefit year, with limited notice provided to the applicant of such testing. ``(D) A high-risk applicant who is tested for controlled substances under-- ``(i) subparagraph (A) or (C) shall be responsible for the cost of such test if the individual tests positive for any such substance; and ``(ii) subparagraph (B)(i)(II) shall be responsible for the cost of such test. ``(2) For purposes of this subsection-- ``(A) the term `benefit year' means the benefit year as defined in the applicable State law; ``(B) the term `controlled substance'-- ``(i) means a drug or other substance selected by the State to be included in drug testing under this subsection; and ``(ii) does not include any drug or other substance used by the applicant pursuant to a valid prescription or as otherwise authorized by law; ``(C) the term `high-risk applicant', with respect to a benefit year, means an individual who is determined by the State to have a high risk of substance abuse based on the results of a substance abuse risk assessment administered under paragraph (1)(A)(i); and ``(D) the term `substance abuse risk assessment' means a screening instrument, approved by the Director of the National Institutes of Health, designed to determine whether an individual has a high risk of substance abuse.''. (b) No Merit Staffing Requirements.--Section 303(a)(1) of the Social Security Act (42 U.S.C. 503(a)(1)) shall not be construed in such a manner as to apply the merit staffing requirements in section 900.603 of title 5, Code of Federal Regulations, as in effect on October 1, 2011, to the implementation of section 303(l) of such Act (as amended by subsection (a)). (c) Funding for Substance Abuse Testing.-- (1) Funding from ipab.--Section 1899A(m) of the Social Security Act (42 U.S.C. 1395kkk(m)) is amended-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``to the Board to carry'' and inserting ``for the purposes of carrying out section 303(l), and, if any funds remain in the fiscal year involved, for the Board for the purpose of carrying''; and (B) by striking paragraph (2). (2) Funding from the co-op program.--Section 1322(g) of the Patient Protection and Affordable Care Act (42 U.S.C. 18042(g)) is amended by striking ``to carry out this section'' and inserting ``to carry out section 303(l) of the Social Security Act, to the extent funds are necessary to carry out such section after the application of section 1899A(m)(1) of such Act''.

Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act This bill allows states to enact unemployment compensation laws that require an applicant for unemployment compensation, before receiving any such compensation, to: (1) complete a substance abuse risk assessment, and (2) test negative for controlled substances within one week after the results of such assessment if determined to be high-risk. It prescribes retesting requirements and payment suspensions for applicants who test positive.

Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act

SEC. 301. ALTERNATIVE DISPUTE RESOLUTION. (a) In General.--Either party to a dispute over a taking of private property as defined under title II of this Act or litigation commenced under such title may elect to resolve the dispute through settlement or arbitration. In the administration of this section-- (1) such alternative dispute resolution may only be effectuated by the consent of all parties; (2) arbitration procedures shall be in accordance with the alternative dispute resolution procedures established by the American Arbitration Association; and (3) in no event shall arbitration be a condition precedent or an administrative procedure to be exhausted before the filing of a civil action under this Act. (b) Compensation as a Result of Arbitration.--The amount of arbitration awards shall be paid from the responsible agency's currently available appropriations supporting the agency's activities giving rise to the claim for compensation. If insufficient funds are available to the agency in the fiscal year in which the award becomes final, the agency shall either pay the award from appropriations available in the next fiscal year or promptly seek additional appropriations for such purpose. (c) Review of Arbitration.--(1) Appeal from arbitration decisions shall be to the United States District Court or the United States Court of Federal Claims in the manner prescribed by law for the claim under this Act. (2) The provisions of title 9, United States Code (relating to arbitration), shall apply to enforcement of awards rendered under this section. (d) Payment of Certain Compensation.--In any appeal under subsection (c), the amount of the award of compensation shall be promptly paid by the agency from appropriations supporting the activities giving rise to the claim for compensation currently available at the time of final action on the appeal. If insufficient funds are available to the agency in the fiscal year in which the award becomes final, the agency shall either pay the award from appropriations available in the next fiscal year or promptly seek additional appropriations for such purpose. TITLE IV--PRIVATE PROPERTY TAKING IMPACT ANALYSIS SEC. 401. PURPOSES. The purposes of this title are-- (1) to protect the health, safety, welfare, and rights of the public; and (2) to the extent practicable, avoid takings of private property by assessing the effect of government action on private property rights. SEC. 402. DEFINITIONS. For purposes of this title the term-- (1) ``agency'' means an agency as defined under section 203 of this Act, but shall not include the General Accounting Office; (2) ``rule'' has the same meaning as such term is defined under section 551(4) of title 5, United States Code; (3) ``property or private property'' refers to all property protected by the takings clause of the fifth amendment of the United States Constitution; and (4) ``taking of private property'' has the same meaning as such term is defined under section 203 of this Act. SEC. 403. PRIVATE PROPERTY TAKING IMPACT ANALYSIS. (a) In General.--(1) The Congress authorizes and directs that, to the fullest extent possible-- (A) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies under this title; and (B) subject to paragraph (2), all agencies of the Federal Government shall complete a private property taking impact analysis before issuing or promulgating any policy, regulation, proposed legislation, or related agency action which is likely to result in a taking of private property. (2) The provisions of paragraph (1)(B) shall not apply to-- (A) an action in which the power of eminent domain is formally exercised; (B) an action taken-- (i) with respect to property held in trust by the United States; or (ii) in preparation for, or in connection with, treaty negotiations with foreign nations; (C) a law enforcement action, including seizure, for a violation of law, of property for forfeiture, or as evidence in a criminal proceeding; (D) a study or similar effort or planning activity; (E) a communication between an agency and a State or local land-use planning agency concerning a planned or proposed State or local activity that regulates private property, regardless of whether the communication is initiated by an agency or is undertaken in response to an invitation by the State or local authority; (F) the placement of a military facility or a military activity involving the use of solely Federal property; (G) any military or foreign affairs function (including a procurement function under a military or foreign affairs function), but not including the civil works program of the Army Corps of Engineers; and (H) any case in which there is an immediate threat to health or safety that constitutes an emergency requiring immediate response or the issuance of a regulation under section 553(b)(B) of title 5, United States Code, if the taking impact analysis is completed after the emergency action is carried out or the regulation is published. (3) A private property taking impact analysis shall be a written statement that includes-- (A) the specific purpose of the policy, regulation, proposal, recommendation, or related agency action; (B) an assessment of the likelihood that a taking of private property will occur under such policy, regulation, proposal, recommendation, or related agency action; (C) an evaluation of whether such policy, regulation, proposal, recommendation, or related agency action is likely to require compensation to private property owners; (D) alternatives to the policy, regulation, proposal, recommendation, or related agency action that would achieve the intended purposes of the agency action and lessen the likelihood that a taking of private property will occur; and (E) an estimate of the potential liability of the Federal Government if the Government is required to compensate a private property owner. (4) Each agency shall provide an analysis required under this section as part of any submission otherwise required to be made to the Office of Management and Budget in conjunction with a proposed regulation. (b) Guidance and Reporting Requirements.--(1) The Attorney General of the United States shall provide legal guidance in a timely manner, in response to a request by an agency, to assist the agency in complying with this section. (2) No later than 1 year after the date of enactment of this Act and at the end of each 1-year period thereafter, each agency shall submit a report to the Director of the Office of Management and Budget and the Attorney General of the United States identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, or an award of compensation under the just compensation clause of the fifth amendment of the United States Constitution. The Director of the Office of Management and Budget and the Attorney General of the United States shall publish in the Federal Register, on an annual basis, a compilation of the reports of all agencies submitted under this paragraph. (c) Public Availability of Analysis.--An agency shall-- (1) make each private property taking impact analysis available to the public; and (2) to the greatest extent practicable, transmit a copy of such analysis to the owner or any other person with a property right or interest in the affected property. (d) Presumptions in Proceedings.--For the purpose of any agency action or administrative or judicial proceeding, there shall be a rebuttable presumption that the costs, values, and estimates in any private property takings impact analysis shall be outdated and inaccurate, if-- (1) such analysis was completed 5 years or more before the date of such action or proceeding; and (2) such costs, values, or estimates have not been modified within the 5-year period preceding the date of such action or proceeding. SEC. 404. RULES OF CONSTRUCTION. Nothing in this title shall be construed to-- (1) limit any right or remedy, constitute a condition precedent or a requirement to exhaust administrative remedies, or bar any claim of any person relating to such person's property under any other law, including claims made under this Act, section 1346 or 1402 of title 28, United States Code, or chapter 91 of title 28, United States Code; or (2) constitute a conclusive determination of-- (A) the value of any property for purposes of an appraisal for the acquisition of property, or for the determination of damages; or (B) any other material issue. SEC. 405. STATUTE OF LIMITATIONS. No action may be filed in a court of the United States to enforce the provisions of this title on or after the date occurring 6 years after the date of the submission of the applicable private property taking impact analysis to the Office of Management and Budget. TITLE V--MISCELLANEOUS SEC. 501. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby. SEC. 502. RULE OF CONSTRUCTION RELATING TO CIVIL RIGHTS LAWS. This Act shall not be construed to apply to any Federal law that prohibits discrimination on the basis of race, color, religion, sex, national origin, age, or disability. SEC. 503. EFFECTIVE DATE. Except as otherwise provided in this Act, the provisions of this Act shall take effect on the date of enactment and shall apply to any agency action of the United States Government after such date.

TABLE OF CONTENTS: Title I: Findings and Purposes Title II: Property Rights Litigation Relief Title III: Alternative Dispute Resolution Title IV: Private Property Taking Impact Analysis Title V: Miscellaneous Omnibus Property Rights Act of 1997 - Title I: Findings and Purposes - Sets forth findings and purposes for this Act. Title II: Property Rights Litigation Relief - Prohibits Federal and State agencies from taking private property except for public use and with just compensation to the owner. Sets forth the circumstances in which compensation is required. Prohibits filing claims against a State agency for carrying out a regulatory program mandated by Federal law, delegated under a Federal program, or funded by Federal funds in connection with a State regulatory program. Title III: Alternative Dispute Resolution - Provides for settlement or arbitration, on consent of both parties, of property rights disputes. Declares that title 9 of the U.S. Code (relating to arbitration) shall apply to enforcement of awards rendered under this title. Title IV: Private Property Taking Impact Analysis - Requires that Federal agency actions likely to result in the taking of private property be preceded by a written impact analysis available to the public. Title V: Miscellaneous - Sets forth severability provisions and the effective date of this Act.

Omnibus Property Rights Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bulk Cash Smuggling Act of 1998''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The use of large sums of cash is one of the most reliable warning signs of drug trafficking, terrorism, money laundering, racketeering, tax evasion, and similar crimes. (2) The prevention, investigation, and prosecution of such crimes depends upon the ability of law enforcement to deter and trace such movements of cash, and the failure to report such movements accordingly undermines law enforcement's ability to prevent and detect serious criminal activity. (3) The nonreporting of large cash transactions or movements, in contravention of the provisions of subchapter II of chapter 53 of title 31, United States Code, and regulations prescribed under such subchapter, is therefore itself a serious crime. (4) The intentional transportation into or out of the United States of large amounts of currency or monetary instruments, in a manner designed to circumvent the mandatory reporting provisions of such subchapter is the equivalent of, and creates the same harm as, the smuggling of goods. (5) The penalties in subchapter II of chapter 53 of title 31, United States Code, for nonreporting reflect the potential harm caused by the crimes to which intentional nonreporting is linked, and such penalties accordingly protect the following important governmental interests: (A) The obligation of government to prevent the manipulation of commerce and trade by criminals. (B) The cost to the government of investigating criminal activity and enforcing the laws designed to hinder such activity. (C) The government's underlying right to taxes sought to be evaded through the movement of unreported cash. (b) Purpose.--It is the purpose of this Act to authorize forfeiture of any cash or instruments whose movements are not reported under the terms of subchapter II of chapter 53 of title 31, United States Code, and regulations prescribed under such chapter, to emphasize the seriousness of the act of such nonreporting, and to prescribe guidelines for determining the amount of property subject to such forfeiture in various situations. SEC. 3. BULK CASH SMUGGLING. (a) Enactment of Bulk Cash Smuggling Offense.--Subchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 5331. Bulk cash smuggling ``(a) Criminal Offense.--Whoever, with the intent to evade a currency reporting requirement under section 5316, knowingly conceals more than $10,000 in currency or other monetary instruments on the person of such individual or in any conveyance, article of luggage, merchandise, or other container, and transports or transfers or attempts to transport or transfer such currency or monetary instruments from a place within the United States to a place outside of the United States, or from a place outside the United States to a place within the United States, shall be guilty of a currency smuggling offense and subject to punishment pursuant to subsection (b). ``(b) Penalty.-- ``(1) Term of imprisonment.--A person convicted of a currency smuggling offense under subsection (a), or a conspiracy to commit such offense, shall be imprisoned for not more than 5 years. ``(2) Forfeiture.--In addition, the court, in imposing sentence under paragraph (1), shall order that the defendant forfeit to the United States, any property, real or personal, involved in the offense, and any property traceable to such property, subject to subsection (d) of this section. ``(3) Procedure.--The forfeiture of property under this section shall be governed by section 413 of the Controlled Substances Act. ``(4) Personal money judgment.--If the property subject to forfeiture under paragraph (2) is unavailable, and the defendant has no substitute property that may be forfeited pursuant to section 413(p) of the Controlled Substances Act, the court shall enter a personal money judgment against the defendant for the amount that would be subject to forfeiture. ``(c) Civil Forfeiture.-- ``(1) In general.--Any property involved in a violation of subsection (a), or a conspiracy to commit such violation, and any property traceable to such violation or conspiracy, may be seized and, subject to subsection (d) of this section, forfeited to the United States. ``(2) Procedure.--The seizure and forfeiture shall be governed by the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code. ``(3) Treatment of certain property as involved in the offense.--For purposes of this subsection and subsection (b), any currency or other monetary instrument that is concealed or intended to be concealed in violation of subsection (a) or a conspiracy to commit such violation, any article, container, or conveyance used, or intended to be used, to conceal or transport the currency or other monetary instrument, and any other property used, or intended to be used, to facilitate the offense, shall be considered property involved in the offense. ``(d) Proportionality of Forfeiture.-- ``(1) In general.--Upon a showing by the property owner by a preponderance of the evidence that the currency or monetary instruments involved in the offense giving rise to the forfeiture were derived from a legitimate source, and were intended for a lawful purpose, the court shall reduce the forfeiture to the maximum amount that is not grossly disproportional to the gravity of the offense. ``(2) Factors to be considered.--In determining the amount of the forfeiture, the court shall consider all aggravating and mitigating facts and circumstances that have a bearing on the gravity of the offense, including the following: ``(A) The value of the currency or other monetary instruments involved in the offense. ``(B) Efforts by the person committing the offense to structure currency transactions, conceal property, or otherwise obstruct justice. ``(C) Whether the offense is part of a pattern of repeated violations of this section or any other currency reporting money laundering offense.''. (b) Conforming Amendment.--The table of sections for subchapter II of chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5330, the following new item: ``5331. Bulk cash smuggling.''. SEC. 4. FORFEITURE IN CURRENCY REPORTING CASES. (a) In General.--Subsection (c) of section 5317 of title 31, United States Code, is amended to read as follows: ``(c) Forfeiture.-- ``(1) In general.--The court in imposing sentence for any violation of section 5313, 5313A, 5316, or 5324, or any conspiracy to commit such violation, shall order the defendant to forfeit all property, real or personal, involved in the offense and any property traceable thereto. ``(2) Procedure.--Forfeitures under this subsection shall be governed by the procedures established in section 413 of the Controlled Substances Act and the guidelines established in paragraph (4). ``(3) Civil forfeiture.--Any property involved in a violation of section 5313, 5313A, 5316, or 5324, or any conspiracy to commit any such violation, and any property traceable to any such violation or conspiracy, may be seized and, subject to paragraph (4), forfeited to the United States in accordance with the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code. ``(4) Proportionality of forfeiture.-- ``(A) In general.--Upon a showing by the property owner by a preponderance of the evidence that any currency or monetary instruments involved in the offense giving rise to the forfeiture were derived from a legitimate source, and were intended for a lawful purpose, the court shall reduce the forfeiture to the maximum amount that is not grossly disproportional to the gravity of the offense. ``(B) Factors to be considered.--In determining the amount of the forfeiture, the court shall consider all aggravating and mitigating facts and circumstances that have a bearing on the gravity of the offense, including the following: ``(i) The value of the currency or other monetary instruments involved in the offense. ``(ii) Efforts by the person committing the offense to structure currency transactions, conceal property, or otherwise obstruct justice. ``(iii) Whether the offense is part of a pattern of repeated violations.''. (b) Conforming Amendments.--(1) Section 981(a)(1)(A) of title 18, United States Code, is amended by striking ``of section 5313(a) or 5324(a) of title 31, or''. (2) Section 982(a)(1) of title 18, United States Code, is amended by striking ``of 5313(a), 5316, or 5324 of title 31, or''.

Bulk Cash Smuggling Act of 1998 - Prohibits, and sets penalties for, knowingly concealing, with intent to evade a currency reporting requirement, more than $10,000 in currency or other monetary instruments on an individual's person or in any conveyance, article of luggage, merchandise, or other container and transporting or transferring such currency or monetary instruments (or attempting to do so) from a place within, to a place outside, the United States, or vice versa. Sets forth forfeiture provisions. Directs the court, upon a showing by the property owner by a preponderance of the evidence that the currency or monetary instruments involved in the offense giving rise to the forfeiture were derived from a legitimate source and were intended for a lawful purpose, to reduce the forfeiture to the maximum amount that is not grossly disproportional to the gravity of the offense. (Sec. 4) Revises provisions regarding search and forfeiture of monetary instruments to direct the court, in imposing sentence for any violation of specified currency and monetary instrument reporting requirements, or conspiracy to commit such a violation, to order the defendant to forfeit all property involved in the offense and any property traceable thereto. Sets forth provisions regarding procedures governing forfeiture, civil forfeiture, and proportionality of the forfeiture.

Bulk Cash Smuggling Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Employee Ownership Bank Act''. SEC. 2. FINDINGS. Congress finds that-- (1) between January 2000 and January 2017, the manufacturing sector lost 4,929,000 jobs; (2) as of January 2017, only 12,355,000 workers in the United States were employed in the manufacturing sector, a lower number than in July 1941; (3) at the end of 2016, the United States had a trade deficit of $502,300,000,000, including a $347,037,900,000 trade deficit with China; (4) preserving and increasing decent paying jobs must be a top priority of Congress; (5) providing loan guarantees, direct loans, and technical assistance to employees to buy their own companies will preserve and increase employment in the United States; and (6) the time has come to establish the United States Employee Ownership Bank to preserve and expand jobs in the United States through Employee Stock Ownership Plans and worker-owned cooperatives. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Bank'' means the United States Employee Ownership Bank established under section 4; (2) the term ``eligible worker-owned cooperative'' has the meaning given the term in section 1042(c)(2) of the Internal Revenue Code of 1986; (3) the term ``employee stock ownership plan'' has the meaning given the term in section 4975(e)(7) of the Internal Revenue Code of 1986; and (4) the term ``Secretary'' means the Secretary of the Treasury. SEC. 4. ESTABLISHMENT OF UNITED STATES EMPLOYEE OWNERSHIP BANK WITHIN THE DEPARTMENT OF THE TREASURY. (a) Establishment of Bank.-- (1) In general.--Before the end of the 90-day period beginning on the date of enactment of this Act, the Secretary shall establish the United States Employee Ownership Bank to foster increased employee ownership of United States companies and greater employee participation in company decisionmaking throughout the United States. (2) Organization of the bank.-- (A) Management.--The Secretary shall appoint a Director to serve as the head of the Bank, who shall serve at the pleasure of the Secretary. (B) Staff.--The Director appointed under subparagraph (A) may select, appoint, employ, and fix the compensation of such employees as are necessary to carry out the functions of the Bank. (b) Duties of Bank.--The Bank is authorized to provide direct loans and loan guarantees, which may be subordinated to the interests of all other creditors-- (1) to purchase a company through an employee stock ownership plan or an eligible worker-owned cooperative, which shall be at least 51 percent employee owned, or will become at least 51 percent employee owned as a result of financial assistance from the Bank; (2) to allow a company that is less than 51 percent employee owned to become at least 51 percent employee owned; (3) to allow a company that is already at least 51 percent employee owned to increase the level of employee ownership at the company; and (4) to allow a company that is already at least 51 percent employee owned to expand operations and increase or preserve employment. (c) Preconditions.--Before the Bank makes any subordinated loan or guarantees a loan under subsection (b)(1), a business plan shall be submitted to the Bank that-- (1) shows that-- (A) not less than 51 percent of all interests in the company is or will be owned or controlled by an employee stock ownership plan or eligible worker-owned cooperative; (B) the board of directors of the company is or will be elected by shareholders on a 1 share to 1 vote basis, or by members of the eligible worker-owned cooperative on a 1 member to 1 vote basis, except that shares held by the employee stock ownership plan will be voted according to section 409(e) of the Internal Revenue Code of 1986, with participants providing voting instructions to the trustee of the employee stock ownership plan in accordance with the terms of the employee stock ownership plan and the requirements of that section 409(e); and (C) all employees will receive basic information about company progress and have the opportunity to participate in day-to-day operations; and (2) includes a feasibility study from an objective third party with a positive determination that the employee stock ownership plan or eligible worker-owned cooperative will generate enough of a margin to pay back any loan, subordinated loan, or loan guarantee that was made possible through the Bank. (d) Terms and Conditions for Loans and Loan Guarantees.-- Notwithstanding any other provision of law, a loan that is provided or guaranteed under this section shall-- (1) bear interest at an annual rate, as determined by the Secretary-- (A) in the case of a direct loan under this section-- (i) sufficient to cover the cost of borrowing to the Department of the Treasury for obligations of comparable maturity; or (ii) of 4 percent; and (B) in the case of a loan guaranteed under this section, in an amount that is equal to the current applicable market rate for a loan of comparable maturity; and (2) have a term not to exceed 12 years. SEC. 5. EMPLOYEE RIGHT OF FIRST REFUSAL BEFORE PLANT OR FACILITY CLOSING. Section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended-- (1) in the section heading, by inserting ``; employee stock ownership plans or eligible worker-owned cooperatives'' after ``layoffs''; and (2) by adding at the end the following: ``(e) Employee Stock Ownership Plans and Eligible Worker-Owned Cooperatives.-- ``(1) General rule.--Except as provided in paragraph (2), if an employer orders a plant or facility closing in connection with the termination of its operations at such plant or facility, the employer shall offer its employees an opportunity to purchase such plant or facility through an employee stock ownership plan (as that term is defined in section 4975(e)(7) of the Internal Revenue Code of 1986) or an eligible worker- owned cooperative (as that term is defined in section 1042(c)(2) of the Internal Revenue Code of 1986) that is at least 51 percent employee owned. The value of the company which is to be the subject of such plan or cooperative shall be the fair market value of the plant or facility, as determined by an appraisal by an independent third party jointly selected by the employer and the employees. The cost of the appraisal may be shared evenly between the employer and the employees. ``(2) Exemptions.--Paragraph (1) shall not apply-- ``(A) if an employer orders a plant closing, but will retain the assets of such plant to continue or begin a business within the United States; or ``(B) if an employer orders a plant closing and such employer intends to continue the business conducted at such plant at another plant within the United States.''. SEC. 6. REGULATIONS ON SAFETY AND SOUNDNESS AND PREVENTING COMPETITION WITH COMMERCIAL INSTITUTIONS. Before the end of the 90-day period beginning on the date of enactment of this Act, the Secretary shall prescribe such regulations as are necessary to implement this Act and the amendments made by this Act, including-- (1) regulations to ensure the safety and soundness of the Bank; and (2) regulations to ensure that the Bank will not compete with commercial financial institutions. SEC. 7. COMMUNITY REINVESTMENT CREDIT. Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C. 2903) is amended by adding at the end the following: ``(e) Establishment of Employee Stock Ownership Plans and Eligible Worker-Owned Cooperatives.--In assessing and taking into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency may consider as a factor capital investments, loans, loan participation, technical assistance, financial advice, grants, and other ventures undertaken by the institution to support or enable employees to establish employee stock ownership plans or eligible worker-owned cooperatives (as those terms are defined in sections 4975(e)(7) and 1042(c)(2) of the Internal Revenue Code of 1986, respectively), that are at least 51 percent employee owned plans or cooperatives.''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this Act, $500,000,000 for fiscal year 2018, and such sums as may be necessary for each fiscal year thereafter.

United States Employee Ownership Bank Act This bill requires the Department of the Treasury to establish the U.S. Employee Ownership Bank, which shall be authorized to provide, in accordance with specified terms, conditions, and other requirements, financial assistance to increase employee ownership of a company. In addition, the bill amends the Worker Adjustment and Retraining Notification Act to specify that, in general, if an employer orders the closing of a plant or facility, the employer must offer its employees an opportunity to purchase the plant or facility though an employee stock-ownership plan or an eligible worker-owned cooperative.

United States Employee Ownership Bank Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Security Stakeholder Participation Act of 2012''. SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE. (a) In General.--Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44946. Aviation Security Advisory Committee ``(a) Establishment.--The Assistant Secretary shall establish within the Transportation Security Administration an advisory committee to be known as the Aviation Security Advisory Committee. ``(b) Duties.-- ``(1) In general.--The Advisory Committee shall be consulted by and advise the Assistant Secretary on aviation security matters, including the development and implementation of policies, programs, rulemaking, and security directives pertaining to aviation security. ``(2) Recommendations.-- ``(A) In general.--The Advisory Committee shall develop, at the request of the Assistant Secretary, recommendations for improvements to aviation security. ``(B) Recommendations of working groups.-- Recommendations agreed upon by the working groups established under this section shall be approved by the Advisory Committee for transmission to the Assistant Secretary. ``(3) Periodic reports.--The Advisory Committee shall periodically submit to the Assistant Secretary-- ``(A) reports on matters identified by the Assistant Secretary; and ``(B) reports on other matters identified by a majority of the members of the Advisory Committee. ``(4) Annual report.--The Advisory Committee shall submit to the Assistant Secretary an annual report providing information on the activities, findings, and recommendations of the Advisory Committee, including its working groups, for the preceding year. ``(c) Membership.-- ``(1) Appointment.-- ``(A) In general.--Not later than 180 days after the date of enactment of this section, the Assistant Secretary shall appoint the members of the Advisory Committee. ``(B) Composition.--The membership shall consist of individuals representing not more than 27 member organizations. Each organization shall be represented by one individual (or the individual's designee). ``(C) Representation.--The membership shall include representatives of air carriers, all cargo air transportation, indirect air carriers, labor organizations representing air carrier employees, aircraft manufacturers, airport operators, general aviation, privacy, the travel industry, and the aviation technology security industry, including biometrics. ``(2) Removal.--The Assistant Secretary may review the participation of a member of the Advisory Committee and remove the member for cause at any time. ``(3) Prohibition on compensation.--The members of the Advisory Committee shall not receive pay, allowances, or benefits from the Government by reason of their service on the Advisory Committee. ``(4) Meetings.--The Assistant Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary. ``(d) Air Cargo Security Working Group.-- ``(1) In general.--The Assistant Secretary shall establish within the Advisory Committee an air cargo security working group to provide recommendations on air cargo security issues, including the implementation of the air cargo security programs established by the Transportation Security Administration to screen air cargo on passenger aircraft and all-cargo aircraft in accordance with established cargo screening mandates. ``(2) Meetings and reporting.--The working group shall meet at least quarterly and submit information, including recommendations, regarding air cargo security to the Advisory Committee for inclusion in the annual report. The submissions shall include recommendations to improve the Administration's cargo security initiatives established to meet the requirements of section 44901(g). ``(3) Membership.--The working group shall-- ``(A) include members of the Advisory Committee with expertise in air cargo operations; and ``(B) be cochaired by a Government and industry official. ``(e) General Aviation Security Working Group.-- ``(1) In general.--The Assistant Secretary shall establish within the Advisory Committee a general aviation working group to provide recommendations on transportation security issues for general aviation facilities, general aviation aircraft, and helicopter operations at general aviation and commercial service airports. ``(2) Meetings and reporting.--The working group shall meet at least quarterly and submit information, including recommendations, regarding aviation security at general aviation airports to the Advisory Committee for inclusion in the annual report. ``(3) Membership.--The working group shall-- ``(A) include members of the Advisory Committee with expertise in general aviation; and ``(B) be cochaired by a Government and industry official. ``(f) Perimeter Security Working Group.-- ``(1) In general.--The Assistant Secretary shall establish within the Advisory Committee an airport perimeter security working group to provide recommendations on airport perimeter security and access control issues. ``(2) Meetings and reporting.--The working group shall meet at least quarterly and submit information, including recommendations, regarding improving perimeter security and access control procedures at commercial service and general aviation airports to the Advisory Committee for inclusion in the annual report. ``(3) Membership.--The working group shall-- ``(A) include members of the Advisory Committee with expertise in airport perimeter security and access control issues; and ``(B) be cochaired by a Government and industry official. ``(g) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee or its working groups. ``(h) Definitions.--In this section, the following definitions apply: ``(1) Advisory committee.--The term `Advisory Committee' means the Aviation Security Advisory Committee to be established under subsection (a). ``(2) Annual report.--The term `annual report' means the annual report required under subsection (a). ``(3) Assistant secretary.--The term `Assistant Secretary' means the Assistant Secretary of Homeland Security (Transportation Security Administration). ``(4) Perimeter security.--The term `perimeter security'-- ``(A) means procedures or systems to monitor, secure, and prevent unauthorized access to an airport, including its airfield and terminal; and ``(B) includes the fence area surrounding an airport, access gates, and access controls.''. (b) Clerical Amendment.--The analysis for such subchapter is amended by adding at the end the following: ``44946. Aviation Security Advisory Committee.''. Passed the House of Representatives June 28, 2012. Attest: KAREN L. HAAS, Clerk.

Aviation Security Stakeholder Participation Act of 2012 - Directs the Assistant Secretary of Homeland Security (Transportation Security Administration [TSA]) to establish in the TSA an Aviation Security Advisory Committee. Requires the Assistant Secretary to consult with the Advisory Committee on aviation security matters. Requires the Advisory Committee to develop, upon the Assistant Secretary's request, recommendations to improve aviation security. Requires the Assistant Secretary to appoint to the Advisory Committee members representing up to 27 member organizations, including air carriers, all cargo air transportation, indirect air carriers, labor organizations representing air carrier employees, aircraft manufacturers, airport operators, general aviation, privacy, the travel industry, and the aviation technology security industry, including biometrics. Establishes within the Advisory Committee: (1) an air cargo security working group, (2) a general aviation working group, and (3) an airport perimeter security working group.

To amend title 49, United States Code, to direct the Assistant Secretary of Homeland Security (Transportation Security Administration) to establish an Aviation Security Advisory Committee, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Museum of Natural History 125th Anniversary 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 600,000 one-dollar coins each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) be composed of 90 percent silver and 10 percent copper. (2) Design.--The design of the dollar coins shall be emblematic of a prehistoric dinosaur, contain the inscription ``American Museum of Natural History'', and a view of the east front (located on Central Park West in New York City) of the American Museum of Natural History. On each coin 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 minted under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of 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 from stockpiles established under the Strategic and Critical Minerals Stock Piling Act. SEC. 4. SELECTION OF DESIGN. Subject to section 2(a)(2), the design for each coin authorized by this Act shall be-- (1) selected by the Secretary after consultation with the licensing and marketing manager of the American Museum of Natural History and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF THE COINS. (a) Period for Issuance.--The coins minted under this Act may be issued by the Secretary beginning on January 1, 1995. (b) Termination of Authority.--Coins may not be minted under this Act after December 31, 1995. (c) Use of 1 Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (d) Proof and Uncirculated Coins.--The coins minted under this Act shall be issued in uncirculated and proof qualities. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the Secretary shall sell the coins minted under this Act at a price equal to the sum of the face value, the surcharge required under subsection (c), and the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, and overhead expenses). (b) Bulk Sales.--The Secretary shall make any bulk sales of the coins minted under this Act at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins minted under this Act prior to the issuance of such coins. Sale prices with respect to such prepaid orders shall be at a reasonable discount. (d) Surcharge.--All sales of coins minted under this Act shall include a surcharge of $10.00 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. The surcharges received by the Secretary from the sale of the coins issued under this Act shall be promptly paid by the Secretary to the Budgetary Fund for the American Museum of Natural History. SEC. 9. AUDITS. The Comptroller General shall have the right to examine such books, records, documents, and other data of the Budgetary Fund of the American Museum of Natural History 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 such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (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.

American Museum of Natural History 125th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) issue one-dollar silver coins emblematic of a prehistoric dinosaur and a view of the east front of the American Museum of Natural History (located on Central Park West in New York City); and (2) pay surcharges received from coin sales to the Budgetary Fund for the Museum.

American Museum of Natural History 125th Anniversary Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Medicare Assistance Act of 2006''. SEC. 2. ESTABLISHMENT OF MEDICARE SUBVENTION FOR VETERANS. Section 1862 of the Social Security Act (42 U.S.C. 1395y) is amended by adding at the end the following new subsection: ``(n) Medicare Subvention for Veterans.-- ``(1) Establishment of procedure for reimbursement.-- ``(A) In general.--The administering Secretaries shall establish a procedure under which the Secretary shall reimburse the Secretary of Veterans Affairs, from the trust funds, for medicare health care services furnished to medicare-eligible veterans. ``(B) Requirements.--Under the procedure established under subparagraph (A)-- ``(i) the administering Secretaries shall certify that any Department of Veterans Affairs medical facility that furnishes medicare health care services for which the Secretary of Veterans Affairs is reimbursed under this subsection has sufficient-- ``(I) resources and expertise to provide the health care benefits required to be provided to individuals entitled to benefits under part A or enrolled under part B; and ``(II) information and billing systems in place to ensure accurate and timely submission of claims for health care benefits to the Secretary; ``(ii) the Secretary shall have access to all data of the Department of Veterans Affairs that the Secretary determines is necessary to verify accuracy in billing and claims information; and ``(iii) the Secretary shall waive requirements for conditions of participation otherwise applicable to a provider of services or a supplier under this title in the case of a Department of Veterans Affairs medical facility consistent with paragraph (3). ``(C) Restriction on new or expanded facilities.-- No new Veterans Affairs medical facilities may be built or expanded with funds received under this subsection. ``(2) Cost-sharing.--The amount of reimbursement to the Secretary of Veterans Affairs for medicare health care services shall be reduced by amounts attributable to applicable deductible, coinsurance, and cost-sharing requirements under this title. ``(3) Medicare requirements.-- ``(A) Waiver.--The Secretary shall waive any requirements referred to in paragraph (1)(B)(iii) (relating to requirements for conditions of participation) in the case of a Department of Veterans Affairs medical facility, or approve equivalent or alternative ways of meeting such a requirement, but only if such waiver or approval-- ``(i) reflects the unique status of the Department of Veterans Affairs as an agency of the Federal Government; and ``(ii) is necessary to provide (or to improve the efficiency of providing) for reimbursement for medicare health care services under this subsection. ``(B) Waiver of prohibition on payments to federal providers of services.--The prohibition of payments to Federal providers of services under sections 1814(c) and 1835(d), and paragraphs (2) and (3) of subsection (a), shall not apply. ``(4) Verification of eligibility.-- ``(A) In general.--The Secretary of Veterans Affairs shall establish procedures for determining whether an individual is a medicare-eligible veteran. ``(B) Restriction.--No reimbursement shall be made under this subsection for any medicare health care service provided to an individual unless the individual has been determined to be a medicare-eligible veteran pursuant to the procedures established under subparagraph (A). ``(5) Data requirements.--Reimbursements for medicare health care services furnished to medicare-eligible veterans may not be made until such time as the administering Secretaries certify to Congress that the-- ``(A) cost accounting and related transaction systems of the Veterans Health Administration provide cost information and encounter data regarding health care delivered at each Department of Veterans Affairs medical facility on an inpatient and outpatient basis; and ``(B) cost information and encounter data provided by such systems is accurate, reliable, and consistent across all facilities. ``(6) Payments based on regular medicare payment rates.-- ``(A) Amount.--Subject to the succeeding provisions of this paragraph, the Secretary shall reimburse the Secretary of Veterans Affairs for health care benefits provided to medicare-eligible veterans at a rate equal to 100 percent of the amounts that otherwise would be payable under this title on a noncapitated basis for such service if the Department of Veterans Affairs medical facility were a provider of services, were participating in the medicare program, and imposed charges for such service. ``(B) Exclusion of certain amounts.--In computing the amount of payment under subparagraph (A), the following amounts shall be excluded: ``(i) Disproportionate share hospital adjustment.--Any amount attributable to an adjustment under section 1886(d)(5)(F). ``(ii) Direct graduate medical education payments.--Any amount attributable to a payment under section 1886(h). ``(iii) Indirect medical education adjustment.--Any amount attributable to the adjustment under section 1886(d)(5)(B). ``(iv) Percentage of capital payments.--67 percent of any amounts attributable to payments for capital-related costs under medicare payment policies under section 1886(g). ``(C) Periodic payments from medicare trust funds.--Payments under this paragraph shall be made-- ``(i) on a periodic basis consistent with the periodicity of payments under this title; and ``(ii) in appropriate part, as determined by the Secretary, from the trust funds. ``(7) Crediting of payments.--Any payment shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of title 38, United States Code. ``(8) Rules of construction.--Nothing in this subsection shall be construed-- ``(A) as prohibiting the Inspector General of the Department of Health and Human Services from investigating any matters regarding the expenditure of funds under this subsection, including compliance with the provisions of this title and all other relevant laws; or ``(B) as adding or requiring additional criteria for eligibility for health care benefits furnished to veterans by the Secretary of Veterans Affairs, as established under chapter 17 of title 38, United States Code. ``(9) Evaluation and reports.--The administering Secretaries shall conduct ongoing evaluations of the procedure established under this subsection, and shall submit periodic reports to Congress on-- ``(A) any savings or costs to the medicare program by reason of this subsection; and ``(B) effects of this subsection on access to care by medicare-eligible veterans. ``(10) Definitions.--In this subsection:-- ``(A) Administering secretaries.--The term `administering Secretaries' means the Secretary and the Secretary of Veterans Affairs acting jointly. ``(B) Medicare health care services.--The term `medicare health care services' means items or services covered under part A or B of this title. ``(C) Medicare-eligible veteran.--The term `medicare-eligible veteran' means an individual who-- ``(i) is a veteran (as defined in section 101(2) of title 38, United States Code) who is eligible for care and services under section 1705(a) of title 38, United States Code; ``(ii) has attained age 65; ``(iii) is entitled to, or enrolled for, benefits under part A of this title; and ``(iv) is enrolled for benefits under part B of this title. ``(D) Trust funds.--The term `trust funds' means the Federal Hospital Insurance Trust Fund established in section 1817 and the Federal Supplementary Medical Insurance Trust Fund established in section 1841. ``(E) Department of veterans affairs medical facility.--The term `Department of Veterans Affairs medical facility' means a medical facility as defined in section 8101(3) of title 38, United States Code alone or in conjunction with other facilities under the jurisdiction of the Secretary of Veterans Affairs.''.

Veterans Medicare Assistance Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to require the Secretaries of Health and Human Services (HHS) and of Veterans Affairs (VA) to establish a Medicare subvention project under which the HHS Secretary shall reimburse the VA Secretary for Medicare health care services furnished to Medicare-eligible veterans in VA facilities.

To provide for Medicare reimbursement for health care services provided to Medicare-eligible veterans in facilities of the Department of Veterans Affairs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Insurance Modernization Act''. SEC. 2. SPECIAL TRANSFERS FOR UNEMPLOYMENT COMPENSATION MODERNIZATION. (a) In General.--Section 903 of the Social Security Act (42 U.S.C. 1103) is amended by adding at the end the following: ``Special Transfers in Fiscal Years 2009, 2010, and 2011 for Modernization ``(f)(1)(A) In addition to any other amounts, the Secretary of Labor shall provide for the making of unemployment compensation modernization incentive payments (hereinafter `incentive payments') to the accounts of the States in the Unemployment Trust Fund, by transfer from amounts reserved for that purpose in the Federal unemployment account, in accordance with succeeding provisions of this subsection. ``(B) The maximum incentive payment allowable under this subsection with respect to any State shall, as determined by the Secretary of Labor, be equal to the amount obtained by multiplying $7,000,000,000 by the same ratio as would apply under subsection (a)(2)(B) for purposes of determining such State's share of any excess amount (as described in subsection (a)(1)) that would have been subject to transfer to State accounts, as of October 1, 2008, under the provisions of subsection (a). ``(C) Of the maximum incentive payment determined under subparagraph (B) with respect to a State-- ``(i) one-third shall be transferred to the account of such State upon a certification under paragraph (4)(B) that the State law of such State meets the requirements of paragraph (2); and ``(ii) the remainder shall be transferred to the account of such State upon a certification under paragraph (4)(B) that the State law of such State meets the requirements of paragraph (3). ``(2) The State law of a State meets the requirements of this paragraph if such State law-- ``(A) uses a base period that includes the most recently completed calendar quarter before the start of the benefit year for purposes of determining eligibility for unemployment compensation; or ``(B) provides that, in the case of an individual who would not otherwise be eligible for unemployment compensation under the State law because of the use of a base period that does not include the most recently completed calendar quarter before the start of the benefit year, eligibility shall be determined using a base period that includes such calendar quarter. ``(3) The State law of a State meets the requirements of this paragraph if such State law includes provisions to carry out at least 2 of the following subparagraphs: ``(A) An individual shall not be denied regular unemployment compensation under any State law provisions relating to availability for work, active search for work, or refusal to accept work, solely because such individual is seeking only part-time (and not full-time) work, except that the State law provisions carrying out this subparagraph may exclude an individual if a majority of the weeks of work in such individual's base period do not include part-time work. ``(B) An individual shall not be disqualified from regular unemployment compensation for separating from employment if that separation is for any compelling family reason. For purposes of this subparagraph, the term `compelling family reason' means the following: ``(i) Domestic violence, verified by such reasonable and confidential documentation as the State law may require, which causes the individual reasonably to believe that such individual's continued employment would jeopardize the safety of the individual or of any member of the individual's immediate family (as defined by the Secretary of Labor). ``(ii) The illness or disability of a member of the individual's immediate family (as defined by the Secretary of Labor). ``(iii) The need for the individual to accompany such individual's spouse-- ``(I) to a place from which it is impractical for such individual to commute; and ``(II) due to a change in location of the spouse's employment. ``(C) Weekly unemployment compensation is payable under this subparagraph to any individual who is unemployed (as determined under the State unemployment compensation law), has exhausted all rights to regular unemployment compensation under the State law, and is enrolled and making satisfactory progress in a State-approved training program or in a job training program authorized under the Workforce Investment Act of 1998. Such programs shall prepare individuals who have been separated from a declining occupation, or who have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment, for entry into a high-demand occupation. The amount of unemployment compensation payable under this subparagraph to an individual for a week of unemployment shall be equal to the individual's average weekly benefit amount (including dependents' allowances) for the most recent benefit year, and the total amount of unemployment compensation payable under this subparagraph to any individual shall be equal to at least 26 times the individual's average weekly benefit amount (including dependents' allowances) for the most recent benefit year. ``(D) Dependents' allowances are provided, in the case of any individual who is entitled to receive regular unemployment compensation and who has any dependents (as defined by State law), in an amount equal to at least $15 per dependent per week, subject to any aggregate limitation on such allowances which the State law may establish (but which aggregate limitation on the total allowance for dependents paid to an individual may not be less than $50 for each week of unemployment or 50 percent of the individual's weekly benefit amount for the benefit year, whichever is less). ``(4)(A) Any State seeking an incentive payment under this subsection shall submit an application therefor at such time, in such manner, and complete with such information as the Secretary of Labor may within 60 days after the date of the enactment of this subsection prescribe (whether by regulation or otherwise), including information relating to compliance with the requirements of paragraph (2) or (3), as well as how the State intends to use the incentive payment to improve or strengthen the State's unemployment compensation program. The Secretary of Labor shall, within 30 days after receiving a complete application, notify the State agency of the State of the Secretary's findings with respect to the requirements of paragraph (2) or (3) (or both). ``(B)(i) If the Secretary of Labor finds that the State law provisions (disregarding any State law provisions which are not then currently in effect as permanent law or which are subject to discontinuation) meet the requirements of paragraph (2) or (3), as the case may be, the Secretary of Labor shall thereupon make a certification to that effect to the Secretary of the Treasury, together with a certification as to the amount of the incentive payment to be transferred to the State account pursuant to that finding. The Secretary of the Treasury shall make the appropriate transfer within 7 days after receiving such certification. ``(ii) For purposes of clause (i), State law provisions which are to take effect within 12 months after the date of their certification under this subparagraph shall be considered to be in effect as of the date of such certification. ``(C)(i) No certification of compliance with the requirements of paragraph (2) or (3) may be made with respect to any State whose State law is not otherwise eligible for certification under section 303 or approvable under section 3304 of the Federal Unemployment Tax Act. ``(ii) No certification of compliance with the requirements of paragraph (3) may be made with respect to any State whose State law is not in compliance with the requirements of paragraph (2). ``(iii) No application under subparagraph (A) may be considered if submitted before the date of the enactment of this subsection or after the latest date necessary (as specified by the Secretary of Labor) to ensure that all incentive payments under this subsection are made before October 1, 2011. ``(5)(A) Except as provided in subparagraph (B), any amount transferred to the account of a State under this subsection may be used by such State only in the payment of cash benefits to individuals with respect to their unemployment (including for dependents' allowances and for unemployment compensation under paragraph (3)(C)), exclusive of expenses of administration. ``(B) A State may, subject to the same conditions as set forth in subsection (c)(2) (excluding subparagraph (B) thereof, and deeming the reference to `subsections (a) and (b)' in subparagraph (D) thereof to include this subsection), use any amount transferred to the account of such State under this subsection for the administration of its unemployment compensation law and public employment offices. ``(6) Out of any money in the Federal unemployment account not otherwise appropriated, the Secretary of the Treasury shall reserve $7,000,000,000 for incentive payments under this subsection. Any amount so reserved shall not be taken into account for purposes of any determination under section 902, 910, or 1203 of the amount in the Federal unemployment account as of any given time. Any amount so reserved for which the Secretary of the Treasury has not received a certification under paragraph (4)(B) by the deadline described in paragraph (4)(C)(iii) shall, upon the close of fiscal year 2011, become unrestricted as to use as part of the Federal unemployment account. ``(7) For purposes of this subsection, the terms `benefit year', `base period', and `week' have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). ``Special Transfer in Fiscal Year 2009 for Administration ``(g)(1) In addition to any other amounts, the Secretary of the Treasury shall transfer from the employment security administration account to the account of each State in the Unemployment Trust Fund, within 30 days after the date of the enactment of this subsection, the amount determined with respect to such State under paragraph (2). ``(2) The amount to be transferred under this subsection to a State account shall (as determined by the Secretary of Labor and certified by such Secretary to the Secretary of the Treasury) be equal to the amount obtained by multiplying $500,000,000 by the same ratio as determined under subsection (f)(1)(B) with respect to such State. ``(3) Any amount transferred to the account of a State as a result of the enactment of this subsection may be used by the State agency of such State only in the payment of expenses incurred by it for-- ``(A) the administration of the provisions of its State law carrying out the purposes of subsection (f)(2) or any subparagraph of subsection (f)(3); ``(B) improved outreach to individuals who might be eligible for regular unemployment compensation by virtue of any provisions of the State law which are described in subparagraph (A); ``(C) the improvement of unemployment benefit and unemployment tax operations, including responding to increased demand for unemployment compensation; and ``(D) staff-assisted reemployment services for unemployment compensation claimants.''. (b) Regulations.--The Secretary of Labor may prescribe any regulations, operating instructions, or other guidance necessary to carry out the amendment made by subsection (a).

Unemployment Insurance Modernization Act - Amends the Social Security Act to require the Secretary of Labor to make unemployment compensation modernization incentive payments in FY2008-FY2011 by certain transfers from the federal unemployment account to the accounts of the states in the Unemployment Trust Fund. Prescribes a formula for determining the maximum allowable incentive payments. Specifies requirements state law must meet for the state to qualify for such a payment. Limits the use of transferred amounts to the payment of cash unemployment benefits to individuals (including for dependents' allowances and for unemployment compensation, exclusive of administrative expenses). Requires the Secretary of the Treasury to reserve specified funds out of the federal unemployment account for such incentive payments.

To provide for special transfers of funds to States to promote certain improvements in State unemployment compensation laws.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Transmission Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Transmission networks are the backbone of competitive power markets and increased interstate commerce in electricity. (2) To support competitive power markets and to bring the benefits of less regulation of such markets to transmission customers, consumers, businesses, and the public, both today and in the future, transmission networks must be expanded, enhanced, and improved. (3) The expansion, enhancement, and improvement of transmission facilities also are necessary to maintain and improve reliability of electric service. (4) The regulation of transmission service must be reformed. SEC. 3. CLARIFICATION OF JURISDICTION. (a) Declaration of Policy.--Section 201(a) of the Federal Power Act (16 U.S.C. 824(a)) is amended by inserting after ``transmission of electric energy in interstate commerce'' the following: ``, including the unbundled transmission of electric energy sold at retail,''. (b) Application of Part.--Section 201(b)(1) of the Federal Power Act (16 U.S.C. 824(b)(1)) is amended by-- (1) inserting after ``the transmission of electric energy in interstate commerce'' the following: ``, including the unbundled transmission of electric energy sold at retail,''; and (2) adding at the end of subsection (b) the following new paragraph: ``(3) After consulting with the appropriate State regulatory authorities, the Commission shall determine by rule or order which facilities used for the transmission and delivery of electric energy are used for transmission in interstate commerce subject to the jurisdiction of the Commission under this part, and which are used for local distribution subject to State jurisdiction.''. (c) Definition of Interstate Commerce.--Section 201(c) of the Federal Power Act (16 U.S.C. 824(c)) is amended after ``outside thereof' by inserting ``(including consumption in a foreign country)''. (d) Definitions of Types of Sales.--Section 201(d) of the Federal Power Act (16 U.S.C. 824(d)) is amended by-- (1) inserting ``(1)'' after the subsection designation; and (2) adding at the end the following: ``(2) The term `bundled retail sale of electric energy' means the sale of electric energy to an ultimate consumer in which the generation and transmission service are not sold separately. ``(3) The term `unbundled local distribution service' means the delivery of electric energy to an ultimate consumer if-- ``(A) the electric energy and the service of delivering it are sold separately; and ``(B) the delivery uses facilities for local distribution as determined by the Commission under subsection (b)(3). ``(4) The term `unbundled transmission of electric energy sold at retail' means the transmission of electric energy to an ultimate consumer if-- ``(A) the electric energy and the service of transmitting it are sold separately, and ``(B) the transmission uses facilities for transmission in interstate commerce as determined by the Commission under subsection (b)(3).''. (e) Definition of Public Utility.--Section 201(e) of the Federal Power Act (16 U.S.C. 824(e)) is amended to read as follows: ``(e) The term `public utility', when used in this part or in the part next following means-- ``(1) any person who owns or operates facilities subject to the jurisdiction of the Commission under this part (other than facilities subject to such jurisdiction solely by reason of section 210, 211, or 212); and ``(2) any transmitting utility that is not a public utility under paragraph (1), but only with respect to determining, fixing, and otherwise regulating the rates, terms, and conditions for the transmission of electric energy under this part.''. (f) Application of Part to Government Utilities.--Section 201(f) of the Federal Power Act (16 U.S.C. 824(f)) is amended by striking ``No provision'' and inserting in lieu thereof ``Except as provided in subsection (e)(2) and section 3(23), no provision''. SEC. 4. DISPOSITION OF PROPERTY. Section 203 of the Federal Power Act (16 U.S.C. 824b) is repealed. SEC. 5. ECONOMICALLY EFFICIENT TRANSMISSION SERVICE AND EXPANSION OF TRANSMISSION NETWORKS. Part II of the Federal Power Act is amended by adding at the end thereof the following new section: ``SEC. 215. STANDARDS FOR ESTABLISHING RATES, CHARGES, TERMS, AND CONDITIONS FOR TRANSMISSION SERVICE. ``(a) Recovery of Costs.--In reviewing rates, charges, terms, and conditions for transmission services under this Act, the Commission shall permit a transmitting utility to recover all of the costs incurred by the utility in connection with the transmission services and necessary associated services, including, but not limited to, the costs of any enlargement of transmission facilities. ``(b) Consideration of Cost and Benefit.--In reviewing the rates, charges, terms, and conditions of transmission services that are provided by a regional transmission organization and that make use of facilities constructed after the date of enactment of this section, the Commission shall take into account the incremental cost and the benefit to interconnected transmission systems of such facilities. ``(c) Certain Requirements.--Rates, charges, terms and conditions established pursuant to subsections (a) and (b) shall-- ``(1) promote the economically efficient transmission of electricity, the expansion of transmission networks, the introduction of new transmission technologies, and the provision of transmission services by regional transmission organizations; ``(2) prevent the shifting of costs to the rates for services outside the jurisdiction of the Commission; and ``(3) be just and reasonable and not unduly discriminatory or preferential. ``(d) Voluntary Innovative Pricing Policies.--Notwithstanding subsection (a) of this section, the Commission shall encourage innovative pricing policies voluntarily filed by transmitting utilities. Innovative pricing policies include policies that-- ``(1) provide incentives to transmitting utilities to promote the voluntary participation in and formation of regional transmission organizations, without having the effect of forcing transmitting utilities to join regional transmission organizations and extend such incentives to transmitting utilities that already have formed a regional transmission organization; ``(2) limit the charging of multiple rates for transmission service over the transmission facilities operated by the regional transmission organization, provided, however, that a reasonable transition mechanism or period may be used before eliminating such rates; ``(3) minimize the shifting of costs among existing customers of the transmitting utilities within the regional transmission organization; ``(4) encourage the efficient and reliable operation of the transmission grid and supply of transmission services through congestion management, performance-based or incentive ratemaking, and other measures; and ``(5) encourage efficient and adequate investment in and expansion of the transmission facilities owned or controlled by the regional transmission organization. ``(e) Negotiated Rates.--Notwithstanding subsection (a) of this section, the Commission may permit the charging of negotiated rates for transmission services without regard to costs whenever an individual company or companies are willing to pay such negotiated rates, provided, however, that such costs shall not be recovered from other transmission customers. ``(f) Effective Competition.--Notwithstanding subsection (a) of this section, in reviewing rates, charges, terms, and conditions for transmission rates under this Act, the Commission may permit the recovery of market-based rates for transmission services where it finds that relevant geographic and product markets for transmission services or for delivered wholesale power are subject to effective competition. ``(g) Rulemaking.--Within 180 days after enactment of this section, the Commission shall establish by rule definitions and standards that it shall determine are necessary to give effect to subsections (d) and (e) of this section. Within 2 years of enactment of this section, the Commission shall establish by rule definitions and standards that it shall determine are required to give effect to subsection (f) of this section.''. SEC. 6. ELECTRIC RELIABILITY STANDARDS. Part II of the Federal Power Act is amended by adding at the end thereof the following new section: ``SEC. 216. ELECTRIC RELIABILITY STANDARDS. ``(a) Policies and Standards.--A transmitting utility may require its transmission customers and any other transmitting utility with which it is either directly or indirectly interconnected to observe, as a condition of receiving transmission service, policies, or standards duly adopted by an electric reliability organization approved by the Commission. A transmitting utility may require its transmission customers and any other transmitting utility to which it is either directly or indirectly interconnected to observe, as a condition of receiving transmission service, policies, or standards duly adopted by a regional affiliate of such electric reliability organization. ``(b) Commission Authority.--Whenever the Commission, after a hearing had upon its own motion or upon complaint, shall find that any policy or standard adopted by an electric reliability organization approved by the Commission, or by any affiliate of such electric reliability organization, or the application of such policy or standard by a transmitting utility, is unjust, unreasonable, unduly discriminatory or preferential, the Commission may disapprove, and prohibit the application of, such policy or standard, and shall remand the matter to the electric reliability organization for further consideration.''. SEC. 7. PROMOTION OF VOLUNTARY DEVELOPMENT OF REGIONAL TRANSMISSION ORGANIZATIONS. Part II of the Federal Power Act is amended by inserting at the end thereof the following new section: ``SEC. 217. PROMOTION OF VOLUNTARY DEVELOPMENT OF REGIONAL TRANSMISSION ORGANIZATIONS. ``(a) In General.--The Commission may approve and may encourage the formation of regional transmission organizations for the purpose of enhancing the transmission of electric energy in interstate commerce. Among options for the formation of regional transmission organizations, the Commission shall prefer those in which-- ``(1) participation in the regional transmission organization by transmitting utilities is voluntary; ``(2) the form, structure, and operating entity of the regional transmission organization are approved of by participating transmitting utilities; and ``(3) market incentives exist to promote investment for expansion of transmission facilities and for the introduction of new transmission technologies within the territory of the regional transmission organization. ``(b) Conditions.--No order issued under this Act shall be conditioned upon or require a transmitting utility to transfer operational control of jurisdictional facilities to an independent system operator or other regional transmission organization. ``(c) Complaint.--In addition to any other rights or remedies it may have under this Act, any entity serving electric load that is denied services by a regional transmission organization that the regional transmission organization makes available to other load serving entities shall be entitled to file a complaint with the Commission concerning the denial of such services. If the Commission shall find, after an evidentiary hearing on the record, that the denial of services complained of was unjust, unreasonable, unduly discriminatory or preferential, or contrary to the public interest, the Commission may order the provision of such services at rates and on terms and conditions that shall be in accordance with section 215 of this Act.''.

(Sec. 3) Directs the Federal Energy Regulatory Commission (FERC) to determine by rule or order which facilities used for the transmission and delivery of electric energy are used in interstate commerce (subject to its jurisdiction), and which are used for local distribution (subject to State jurisdiction). Redefines "interstate commerce" to include, for FPA purposes, consumption of electricity in a foreign country. (Sec. 4) Repeals the statutory constraints placed upon the disposition of property by a public utility subject to FERC jurisdiction. (Sec. 5) Requires FERC to permit a transmitting utility to recover all its costs incurred in connection with the transmission services and necessary associated services, including the costs of any enlargement of transmission facilities. Prescribes guidelines for FERC review of rates, charges, terms, and conditions for transmission service, including: (1) voluntary innovative pricing policies; (2) negotiated rates; and (3) recovery of market-based rates for transmission services. (Sec. 6) Authorizes a transmitting utility to require both its transmission customers and any transmitting utility with which it is interconnected to observe policies or standards adopted by a FERC- approved electric reliability organization as a prerequisite to receiving transmission service. (Sec. 7) Authorizes FERC encouragement of the formation of regional transmission organizations to enhance transmission of electric energy in interstate commerce.

Interstate Transmission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Truck Safety Act''. SEC. 2. COMMERCIAL TRUCK SAFETY PROGRAM. (a) In General.--Chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 413. Commercial truck safety program ``(a) Definition of Covered Truck.--In this section, the term `covered truck' means a 6-axle truck with a maximum gross weight of up to 100,000 pounds. ``(b) Program.--The Secretary shall establish a program to improve commercial motor vehicle safety on highways on the Interstate System in accordance with this section. ``(c) State Waivers for Covered Trucks on Interstate System.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Secretary shall initiate a rulemaking to establish, by regulation, a demonstration program under which the Governor of a State may request from the Secretary, and the Secretary may grant, a 3-year waiver to covered trucks to operate on highways on the Interstate System in the State. ``(2) Submission of request.--The Governor of a State seeking a waiver under this subsection shall submit to the Secretary a request for the waiver that includes-- ``(A) a description of the proposed route of each highway, or portion of a highway, on the Interstate System on which covered trucks would be permitted to operate; ``(B) a certification by the chief engineer of the State transportation department that the proposed route could safely accommodate traffic that includes covered trucks; ``(C) a certification that the Interstate System within the State is maintained in good repair; and ``(D) such other information as the Secretary may require. ``(3) Determinations.-- ``(A) In general.--The Secretary shall-- ``(i) not later than 30 days after the date of receipt of a waiver request under paragraph (2)-- ``(I) acknowledge receipt of the request; and ``(II) commence a review of the waiver request; and ``(ii) not later than 90 days after the date of receipt, notify the Governor and appropriate members of the State legislature of the decision of the Secretary on the request. ``(B) Disapproval.--If the Secretary disapproves a request for a waiver under this subsection, the Secretary shall include with the notice of disapproval the specific safety concerns of the Secretary with respect to the highways covered by the request. ``(C) Failure to act.--A request for a waiver shall be considered to be approved under this subsection if the Secretary fails-- ``(i) to approve or disapprove a request in accordance with subparagraph (A); or ``(ii) to include with a notice of disapproval the specific safety concerns of the Secretary as required by subparagraph (B). ``(4) Data collection and review.-- ``(A) In general.--As a condition of receiving a waiver under this subsection, a State transportation department that receives such a waiver shall-- ``(i) collect data on the effects of the waiver (particularly the effects on accident rates involving heavier trucks); ``(ii) establish a safety committee to review the data; and ``(iii) establish rules and operating procedures for the program under this section. ``(B) Safety committee.--The safety committee of a State referred to in subparagraph (A)(ii) shall-- ``(i) be appointed by the Governor of the State; ``(ii) at a minimum, consist of-- ``(I) 1 member of the traveling public; ``(II) 1 member from a business that uses truck transportation services; ``(III) 1 commercial truck driver; ``(IV) 1 professional engineer from the State department of transportation; and ``(V) 1 member of a highway safety group; and ``(iii) submit to the State and the Secretary, for each of the 3 years a waiver received under this subsection is in effect, an annual report describing the data reviewed by the safety committee during the year covered by the report. ``(C) Record of approval.--At the end of the 3-year period of the program under this subsection, unless the Secretary, with the advice of the safety committee of a State established under subparagraph (A)(ii), determines that a waiver granted to the State under this subsection has resulted in an adverse impact on highway safety in the State and publishes the determination in the Federal Register, the waiver provided to the State under this section shall be considered to be permanent. ``(D) Waiver of vehicle weight limits.-- Notwithstanding section 127(a), a State that receives a waiver under this subsection shall not lose any apportionment to the State under chapter 1 by reason of noncompliance with any of the vehicle weight provisions of section 127 applicable to the use of certain vehicles weighing over 80,000 pounds on a highway.''. SEC. 3. CONFORMING AMENDMENT. The analysis for chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``413. Commercial truck safety program.''.

Commercial Truck Safety Act - Directs the Secretary of Transportation (DOT) to establish a program to improve commercial motor vehicle safety on Interstate System (IS) highways. Directs the Secretary to initiate a rulemaking to establish a demonstration program under which a state governor may request from the Secretary a three-year waiver for covered trucks (six-axle trucks with a maximum gross weight of up to 100,000 pounds) to operate on the state's IS highways. Requires a state, as a condition for receiving a waiver, to: (1) collect data on the waiver's effects, particularly on accident rates involving heavier trucks; and (2) establish a safety committee to review such data.

A bill to amend title 23, United States Code, to provide for the establishment of a commercial truck safety program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preexisting Condition Exclusion Patient Protection Act of 2007''. SEC. 2. AMENDMENTS RELATING TO PREEXISTING CONDITION EXCLUSIONS UNDER GROUP HEALTH PLANS. (a) Amendments to the Employee Retirement Income Security Act of 1974.-- (1) Reduction in look-back period.--Section 701(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(a)(1)) is amended by striking ``6-month period'' and inserting ``30-day period''. (2) Reduction in permitted preexisting condition limitation period.--Section 701(a)(2) of such Act (29 U.S.C. 1181(a)(2)) is amended by striking ``12 months'' and inserting ``3 months'', and by striking ``18 months'' and inserting ``9 months''. (b) Amendments to the Public Health Service Act.-- (1) Reduction in look-back period.--Section 2701(a)(1) of the Public Health Service Act (42 U.S.C. 300gg(a)(1)) is amended by striking ``6-month period'' and inserting ``30-day period''. (2) Reduction in permitted preexisting condition limitation period.--Section 2701(a)(2) of such Act (42 U.S.C. 300gg(a)(2)) is amended by striking ``12 months'' and inserting ``3 months'', and by striking ``18 months'' and inserting ``9 months''. (c) Amendments to the Internal Revenue Code of 1986.-- (1) Reduction in look-back period.--Paragraph (1) of section 9801(a) of the Internal Revenue Code of 1986 (relating to limitation on preexisting condition exclusion period and crediting for periods of previous coverage) is amended by striking ``6-month period'' and inserting ``30-day period''. (2) Reduction in permitted preexisting condition limitation period.--Paragraph (2) of section 9801(a) of such Code is amended by striking ``12 months'' and inserting ``3 months'', and by striking ``18 months'' and inserting ``9 months''. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to group health plans for plan years beginning after the end of the 12th calendar month following the date of the enactment of this Act. (2) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the earlier of-- (A) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or (B) 3 years after the date of the enactment of this Act. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by the amendments made by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 3. AMENDMENTS RELATING TO PREEXISTING CONDITION EXCLUSIONS IN HEALTH INSURANCE COVERAGE IN THE INDIVIDUAL MARKET. (a) Applicability of Group Health Insurance Limitations on Imposition of Preexisting Condition Exclusions.-- (1) In general.--Section 2741 of the Public Health Service Act (42 U.S.C. 300gg-41) is amended-- (A) by redesignating the second subsection (e) (relating to market requirements) and subsection (f) as subsections (f) and (g), respectively; and (B) by adding at the end the following new subsection: ``(h) Application of Group Health Insurance Limitations on Imposition of Preexisting Condition Exclusions.-- ``(1) In general.--Subject to paragraph (2), a health insurance issuer that provides individual health insurance coverage may not impose a preexisting condition exclusion (as defined in subsection (b)(1)(A) of section 2701) with respect to such coverage except to the extent that such exclusion could be imposed consistent with such section if such coverage were group health insurance coverage. ``(2) Limitation.--In the case of an individual who-- ``(A) is enrolled in individual health insurance coverage; ``(B) during the period of such enrollment has a condition for which no medical advice, diagnosis, care, or treatment had been recommended or received as of the enrollment date; and ``(C) seeks to enroll under other individual health insurance coverage which provides benefits different from those provided under the coverage referred to in subparagraph (A) with respect to such condition, the issuer of the individual health insurance coverage described in subparagraph (C) may impose a preexisting condition exclusion with respect to such condition and any benefits in addition to those provided under the coverage referred to in subparagraph (A), but such exclusion may not extend for a period of more than 3 months.''. (2) Elimination of cobra requirement.--Subsection (b) of such section is amended-- (A) by adding ``and'' at the end of paragraph (2); (B) by striking the semicolon at the end of paragraph (3) and inserting a period; and (C) by striking paragraphs (4) and (5). (3) Conforming amendment.--Section 2744(a)(1) of such Act (42 U.S.C. 300gg-44(a)(1)) is amended by inserting ``(other than subsection (h))'' after ``section 2741'' . (b) Effective Date.--The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after the end of the 12th calendar month following the date of the enactment of this Act.

Preexisting Condition Exclusion Patient Protection Act of 2007 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to allow a group health plan to impose a preexisting condition exclusion only if: (1) such exclusion relates to a condition for which medical advice, diagnosis, care, or treatment was recommended or received within the 30-day period ending on the enrollment date; and (2) such exclusion extends not more than three months, or nine months for a late enrollee, after the enrollment date. Applies such requirement to coverage offered in the individual market. Allows an issuer of individual health insurance coverage to impose a preexisting condition exclusion for a period of not more than three months under certain circumstances. Revises provisions that prohibit health insurance issuers that offer health insurance coverage in the individual market from declining to offer coverage or imposing any preexisting condition exclusion on coverage to an eligible individual to remove eligibility requirements that require an individual to have: (1) elected COBRA continuation coverage, if it was offered; and (2) exhausted such continuation coverage, if elected.

To amend title I of the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to provide additional limitations on preexisting condition exclusions in group health plans and health insurance coverage in the group and individual markets.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf of Mexico Restoration and Protection Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Gulf of Mexico is a valuable resource of national and international importance, continuously serving the people of the United States and other countries as an important source of food, economic productivity, recreation, beauty, and enjoyment; (2) over many years, the resource productivity and water quality of the Gulf of Mexico and its watershed have been diminished by point and nonpoint source pollution resulting largely from the impacts of agricultural runoff, increasing population growth and development in the Gulf of Mexico watershed, and other factors; (3) the United States should seek to attain the protection and restoration of the Gulf of Mexico ecosystem as a collaborative regional goal of the Gulf of Mexico Program; and (4) the Administrator of the Environmental Protection Agency, in consultation with other Federal agencies and State and local authorities, should coordinate the effort to meet those goals. (b) Purposes.--The purposes of this Act are-- (1) to expand and strengthen cooperative efforts to restore and protect the Gulf of Mexico; (2) to expand Federal support for monitoring, management, and restoration activities in the Gulf of Mexico and its watershed; (3) to commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, the Gulf of Mexico; and (4) to establish a Gulf of Mexico Program to serve as a national and international model for the collaborative management of large marine ecosystems. SEC. 3. GULF OF MEXICO RESTORATION AND PROTECTION. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended-- (1) by redesignating the second section 121 (33 U.S.C. 1274) (relating to wet weather watershed pilot projects) as section 122; and (2) by inserting after section 122 (as designated by paragraph (1)) the following: ``SEC. 123. GULF OF MEXICO RESTORATION AND PROTECTION. ``(a) Definitions.--In this section; ``(1) Gulf of mexico ecosystem.--The term `Gulf of Mexico ecosystem' means the ecosystem of the Gulf of Mexico and its watershed. ``(2) Gulf of mexico executive council.--The term `Gulf of Mexico Executive Council' means the formal collaborative Federal, State, local, and private participants in the Program. ``(3) Program.--The term `Program' means the Gulf of Mexico Program established by the Administrator in 1988 as a nonregulatory, inclusive partnership to provide a broad geographic focus on the primary environmental issues affecting the Gulf of Mexico. ``(4) Program office.--The term `Program Office' means the office established by the Administrator to administer the Program that is reestablished by subsection (b)(1)(A). ``(b) Continuation of Gulf of Mexico Program.-- ``(1) Gulf of mexico program office.-- ``(A) Reestablishment.--The Program Office established before the date of enactment of this section by the Administrator is reestablished as an office of the Environmental Protection Agency. ``(B) Requirements.--The Program Office shall be-- ``(i) headed by a Director who, by reason of management experience and technical expertise relating to the Gulf of Mexico, is highly qualified to direct the development of plans and programs on a variety of Gulf of Mexico issues, as determined by the Administrator; and ``(ii) located in a State all or a portion of the coastline of which is on the Gulf of Mexico. ``(C) Functions.--The Program Office shall-- ``(i) coordinate the actions of the Environmental Protection Agency with the actions of the appropriate officials of other Federal agencies and State and local authorities in developing strategies-- ``(I) to improve the water quality and living resources in the Gulf of Mexico ecosystem; and ``(II) to obtain the support of appropriate officials; ``(ii) in cooperation with appropriate Federal, State, and local authorities, assist in developing and implementing specific action plans to carry out the Program; ``(iii) coordinate and implement priority State-led and community-led restoration plans and projects and facilitate science, research, modeling, monitoring, data collection, and other activities that support the Program; ``(iv) implement outreach programs for public information, education, and participation to foster stewardship of the resources of the Gulf of Mexico; ``(v) develop and make available, through publications, technical assistance, and other appropriate means, information pertaining to the environmental quality and living resources of the Gulf of Mexico ecosystem; and ``(vi) serve as the liaison with, and provide information to, the Mexican members of the Gulf of Mexico States Accord and Mexican counterparts of the Environmental Protection Agency. ``(c) Interagency Agreements.--The Administrator may enter into 1 or more interagency agreements with other Federal agencies to carry out this section. ``(d) Grants.-- ``(1) In general.--In accordance with the Program, the Administrator may provide grants to nonprofit organizations, State and local governments, colleges, universities, interstate agencies, and individuals to carry out this section for use in-- ``(A) monitoring the water quality and living resources of the Gulf of Mexico ecosystem; ``(B) researching the effects of natural and human- induced environmental changes on the water quality and living resources of the Gulf of Mexico ecosystem; ``(C) developing and executing cooperative strategies that address the water quality and living resource needs in the Gulf of Mexico ecosystem; ``(D) developing and implementing locally-based protection and restoration programs or projects within a watershed that complement those strategies, including the creation, restoration, protection, or enhancement of habitat associated with the Gulf of Mexico ecosystem; and ``(E) eliminating or reducing point sources that discharge pollutants that contaminate the Gulf of Mexico ecosystem, including activities to eliminate leaking septic systems and construct connections to local sewage systems. ``(2) Federal share.--The Federal share of the cost of any project or activity carried out using a grant provided under this section shall not exceed 75 percent, as determined by the Administrator. ``(3) Administrative costs.--Administrative costs in the form of salaries, overhead, or indirect costs for services provided and charged against programs or projects carried out using funds made available through a grant under this subsection shall not exceed 15 percent of the amount of the grant. ``(e) Reports.-- ``(1) Annual report.--Not later than December 30, 2006, and annually thereafter, the Director of the Program Office shall submit to the Administrator and make available to the public a report that describes-- ``(A) each project and activity funded under this section during the previous fiscal year; ``(B) the goals and objectives of those projects and activities; and ``(C) the net benefits of projects and activities funded under this section during previous fiscal years. ``(2) Assessment.-- ``(A) In general.--Not later than April 30, 2007, and every 5 years thereafter, the Administrator, in coordination with the Gulf of Mexico Executive Council, shall complete an assessment, and submit to Congress a comprehensive report on the performance, of the Program. ``(B) Requirements.--The assessment and report described in subparagraph (A) shall-- ``(i) assess the overall state of the Gulf of Mexico ecosystem; ``(ii) compare the current state of the Gulf of Mexico ecosystem with a baseline assessment; ``(iii) assess the effectiveness of the Program management strategies being implemented, and the extent to which the priority needs of the region are being met through that implementation; and ``(iv) make recommendations for the improved management of the Program, including strengthening strategies being implemented or adopting improved strategies. ``(f) Budget Item.--The Administrator, in the annual submission to Congress of the budget of the Environmental Protection Agency, shall include a funding line item request for the Program Office as a separate budget line item. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, to remain available until expended-- ``(1) $10,000,000 for fiscal year 2006; ``(2) $15,000,000 for fiscal year 2007; and ``(3) $25,000,000 for each of fiscal years 2008 through 2010.''.

Gulf of Mexico Restoration and Protection Act - Amends the Federal Water Pollution Control Act to reestablish the Program Office of the Gulf of Mexico Program as an office of the Environmental Protection Agency (EPA), to be headed by a Director. Requires the Office to: (1) coordinate the actions of EPA and of other federal agencies and state and local authorities; (2) assist in developing specific action plans to carry out the program; (3) coordinate and implement priority state- and community-led restoration plans and projects and facilitate activities that support the program; (4) implement outreach programs to foster stewardship of the Gulf's resources; (5) develop and make available information about the environmental quality and living resources of the Gulf; and (6) serve as the liaison with the Mexican members of the Gulf of Mexico States Accord and Mexican counterparts of the EPA. Authorizes the EPA Administrator to enter into interagency agreements to carry out this Act. Authorizes the Administrator to provide grants for use in: (1) monitoring the water quality and living resources of the Gulf ecosystem; (2) researching the effects of environmental changes on such water quality and resources; (3) developing cooperative strategies that address the water quality and needs of Gulf resources; (4) developing locally-based protection and restoration programs or projects within a watershed that complement those strategies; and (5) eliminating or reducing point sources that discharge pollutants that contaminate the Gulf ecosystem.

A bill to amend the Federal Water Pollution Control Act to expand and strengthen cooperative efforts to monitor, restore, and protect the resource productivity, water quality, and marine ecosystems of the Gulf of Mexico.

TITLE I--INTERNATIONAL DEVELOPMENT ASSOCIATION Sec. 101. The International Development Association Act, 22 U.S.C. 284 et seq., is amended by adding at the end thereof the following new section: ``Sec. 22. In order to pay for the United States contribution to the tenth replenishment of the resources of the association authorized in section 526 of Public Law 103-87, there are authorized to be appropriated, without fiscal year limitation, $550,000,000 for payment by the Secretary of the Treasury.''. TITLE II--AFRICAN DEVELOPMENT BANK Sec. 201. The African Development Bank Act, 22 U.S.C. 290i et seq., is amended by adding at the end thereof the following new section: ``Sec. 11. (a) Subscription Authorized.--(1) The United States Governor of the Bank may subscribe on behalf of the United States to ______________ additional shares of the capital stock of the Bank. (2) Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--In order to pay for the increase in the United States subscription to the Bank provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $____________ for payment by the Secretary of the Treasury.''. TITLE III--INTEREST SUBSIDY ACCOUNT OF THE SUCCESSOR (ESAF II) TO THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL MONETARY FUND Sec. 301. The Bretton Woods Agreements Act, 22 U.S.C. 286 et seq., is amended by adding at the end thereof the following new section: ``contribution to the interest subsidy account of the successor (esaf ii) to the enhanced structural adjustment facility of the international monetary fund (fund) ``Sec. 61. (a) Contribution Authorized.-- ``(1) In General.--Subject to paragraph (2), the United States Governor of the Fund may contribute $75,000,000 to the Interest Subsidy Account of the Successor (ESAF II) to the Enhanced Structural Adjustment Facility of the Fund on behalf of the United States. ``(2) Contribution.--The contribution authorized in paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitation on Authorization of Appropriations.--To pay for the contribution authorized in subsection (a), there are authorized to be appropriated $75,000,000 without fiscal year limitation for payment by the Secretary of the Treasury.''. TITLE IV--MIDDLE EAST DEVELOPMENT BANK Sec. 401. This title may be cited as the ``Bank for Economic Cooperation and Development in the Middle East and North Africa Act''. acceptance of membership Sec. 402. The President is hereby authorized to accept membership for the United States in the Bank for Economic Cooperation and Development in the Middle East and North Africa (hereinafter the ``Bank'') provided for by the agreement establishing the Bank (hereinafter the ``Agreement''). governor and alternate governor Sec. 403. (a) The Governor and the Alternate Governor of the International Bank for Reconstruction and Development, appointed under section 3 of the Bretton Woods Agreements Act, as amended (22 U.S.C. 286a), shall serve ex-officio as the Governor and the Alternate Governor at the inaugural meeting of the Board of Governors of the Bank. Thereafter, the President, by and with the advice and consent of the Senate, shall appoint a Governor of the Bank and an alternate for the Governor. (b) No person shall be entitled to receive any salary or other compensation from the United States for services as a Governor or Alternate Governor. applicability of bretton woods agreements act Sec. 404. The provisions of section 4 of the Bretton Woods Agreements Act, as amended, 59 Stat. 512, 22 U.S.C. 286b, shall apply with respect to the Bank to the same extent as with respect to the International Bank for Reconstruction and Development and the International Monetary Fund. federal reserve banks as depositories Sec. 405. Any Federal Reserve bank which is requested to do so by the Bank may act as its depository, or as its fiscal agent, and the Board of Governors of the Federal Reserve System shall exercise general supervision over the carrying out of these functions. subscription of stock Sec. 406. (a) The Secretary of the Treasury is authorized to subscribe on behalf of the United States up to 7,011,270 shares of the capital stock of the Bank; provided, however, that the subscription shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. (b) There is hereby authorized to be appropriated, without fiscal year limitation, for payment by the Secretary of the Treasury of the subscription of the United States for those shares, $1,050,007,800. (c) Any payment made to the United States by the Bank as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt. jurisdiction of united states courts and enforcement of arbitral awards Sec. 407. For the purpose of any civil action which may be brought within the United States, its territories or possessions, or the Common-wealth of Puerto Rico, by or against the Bank in accordance with the Agreement, including an action brought to enforce an arbitral award against the Bank, the Bank shall be deemed to be an inhabitant of the Federal judicial district in which its principal office within the United States, or its agent appointed for purpose of accepting service or notice of service of process, is located, and any such action to which the Bank shall be a party shall be deemed to arise under the laws of the United States, and the district courts of the United States, including the courts enumerated in section 460 of title 28, United States Code, shall have original jurisdiction of any such action. When the Bank is the defendant in any action in a State court, it may, at any time before trial, remove such action into the appropriate district court of the United States by following the procedure for removal provided in section 1446 of title 28, United States Code. effectiveness of agreement Sec. 408. The Agreement shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon acceptance of membership by the United States in, and the establishment of, the Bank. exemption from securities laws for certain securities issued by the bank; reports required Sec. 409. (a) The seventh sentence of the seventh undesignated paragraph of section 5136 of the Revised Statutes of the United States as amended, 12 U.S.C. 24, is further amended by striking out ``or'' after ``the Inter-American Investment Corporation,'' and by inserting, ``or the Bank for Economic Cooperation and Development in the Middle East and North Africa,'' after ``the International Finance Corporation''. (b) Any securities issued by the Bank (including any guarantee by the Bank, whether or not limited in scope) in connection with borrowing of funds, or the guarantee of securities as to both principal and interest, shall be deemed to be exempted securities within the meaning of section 3(a)(2) of the Securities Act of 1933, (15 U.S.C. 77c), and section 3(a)(12) of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78c). The Bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Bank and its operations and necessary in the public interest or for the protection of investors. (c) The Securities and Exchange Commission, acting in consultation with such agency or officer as the President shall designate, is authorized to suspend the provisions of paragraph (b) at any time as to any or all securities issued or guaranteed by the Bank during the period of such suspension. The Commission shall include in its annual reports to Congress such information as it shall deem advisable with regard to the operation and effect of this section and in connection therewith shall include any views submitted for such purpose by any association of dealers registered with the Commission. technical amendment Sec. 410. (a) Section 1701(c)(2) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(2), is amended by striking out ``and'' after ``Inter-American Development Bank'' and inserting ``and Bank for Economic Cooperation and Development in the Middle East and North Africa'' after ``Inter-American Development Corporation''. (b) Section 51 of Public Law 91-599, as amended 84 Stat. 1657; 22 U.S.C. 276c-2, is amended by striking out ``and'' after ``the African Development Bank,'' and inserting ``and the Bank for Economic Cooperation and Development in the Middle East and North Africa,'' after ``the Inter-American Investment Corporation''.

TABLE OF CONTENTS: Title I: International Development Association Title II: African Development Bank Title III: Interest Subsidy Account of the Successor (ESAF II) to the Enhanced Structural Adjustment Facility of the International Monetary Fund Title IV: Middle East Development Bank Title I: International Development Association - Amends the International Development Association Act to authorize specified appropriations, without fiscal year limitation, for the U.S. contribution to the tenth replenishment of the resources of the International Development Association. Title II: African Development Bank - Amends the African Development Bank Act to authorize the U.S. Governor of the African Development Bank to subscribe on behalf of the United States to unspecified additional shares of the capital stock of the Bank. Authorizes appropriations without fiscal year limitation. Title III: Interest Subsidy Account of the Successor (ESAF II) to the Enhanced Structural Adjustment Facility of the International Monetary Fund - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the International Monetary Fund (IMF) to contribute on behalf of the United States a specified amount to the Interest Subsidy Account of the Successor (ESAF II) to the Enhanced Structural Adjustment Facility of the IMF. Authorizes specified appropriations without fiscal year limitation. Title IV: Middle East Development Bank - Bank for Economic Cooperation and Development in the Middle East and North Africa Act - Authorizes the President to accept membership for the United States in the Bank for Economic Cooperation and Development in the Middle East and North Africa provided for in the establishing agreement. Provides for appointment of U.S. Governor and Alternate Governor, and for the applicability of the Bretton Woods Agreements Act. Allows Federal Reserve Banks to act as depositories or fiscal agents for such Bank. Authorizes U.S. subscription and appropriations. Exempts certain Bank securities from specified Federal securities laws, subject to suspension of such exemption by the Securities and Exchange Commission at any time.

Bank for Economic Cooperation and Development in the Middle East and North Africa Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Affordability Act of 2010''. SEC. 2. CONSOLIDATION OF EDUCATION TAX INCENTIVES INTO HIGHER EDUCATION TAX CREDIT. (a) In General.--Section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning credits) is amended to read as follows: ``SEC. 25A. HIGHER EDUCATION TAX CREDIT. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal so much of the higher education expenses paid by the taxpayer during the taxable year (for education furnished during any academic period beginning in such taxable year with respect to each student for whom an election is in effect under this section for any taxable year) as does not exceed $3,000. ``(b) Limitations.-- ``(1) Lifetime credit limitation.--The amount of the credit allowed under subsection (a) for any taxable year with respect to any student shall not exceed the excess of-- ``(A) $15,000, over ``(B) the aggregate credit allowed under subsection (a) with respect to such individual for all prior taxable years. ``(2) Credit limitation based on modified adjusted gross income.-- ``(A) In general.--The amount which would (but for this paragraph) be taken into account under subsection (a) for the taxable year shall be reduced (but not below $500) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) the applicable amount under subparagraph (D), bears to ``(ii) $24,000 ($48,000 in the case of a joint return). ``(C) Modified adjusted gross income.--The term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(D) Applicable amount.--The applicable amount under this subparagraph is-- ``(i) in the case of a joint return, 200 percent of the dollar amount in effect under clause (ii) for the taxable year, and ``(ii) in any other case, $80,000. ``(3) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section and section 23) and section 27 for the taxable year. ``(c) Definitions.--For purposes of this subsection-- ``(1) Higher education expense.--The term `higher education expense' means any expense of a type which is taken into account in determining the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the date of the enactment of this section) of a student who is-- ``(A) the taxpayer, ``(B) the taxpayer's spouse, or ``(C) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution with respect to the attendance of such student at such institution for the academic period for which the credit under this section is being determined. ``(2) Eligible educational institution.--The term `eligible educational institution' means an institution-- ``(A) which is described in section 481 of the Higher Education Act of 1965, as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and ``(B) which is eligible to participate in a program under title IV of such Act. ``(d) Special Rules.-- ``(1) Identification requirement.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any individual unless the taxpayer includes the name and taxpayer identification number of such student on the return of tax for the taxable year. ``(2) Adjustment for certain scholarships.--The amount of higher education expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced (before the application of subsections (a) and (b)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as-- ``(A) a qualified scholarship which is excludable from gross income under section 117, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such student's educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. ``(3) Treatment of expenses paid by dependent.--If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins-- ``(A) no credit shall be allowed under subsection (a) to such individual for such individual's taxable year, and ``(B) higher education expenses paid by such individual during such individual's taxable year shall be treated for purposes of this section as paid by such other taxpayer. ``(4) Treatment of certain prepayments.--If higher education expense is paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. ``(5) Denial of double benefit.--No credit shall be allowed under this section for any expense for which deduction is allowed under any other provision of this chapter. ``(6) No credit for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(7) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(e) Portion of Credit Refundable.--The aggregate credits allowed to a taxpayer under subpart C shall be increased by 20 percent of the portion of the amount of the credit which would have been allowed to the taxpayer under this section without regard to this subsection and the limitation under section 26(a)(2) or subsection (b)(4), as the case may be. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a)(2) or subsection (b)(3), as the case may be. ``(f) Election Not To Have Section Apply.--A taxpayer may elect not to have this section apply with respect to the higher education expenses of an individual for any taxable year. ``(g) Inflation Adjustment.-- ``(1) In general.--In the case of a taxable year beginning after 2011, the $3,000 and $15,000 amount in subsections (a) and (b)(1), respectively, shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. ``(h) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any expense which was taken into account in determining the amount of such credit.''. (b) Elimination of 529 Plan Reduction for Education Credit.--Clause (v) of section 529(c)(3)(B) of such Code is amended by striking ``shall be reduced'' and all that follows through the period at the end and inserting the following ``shall be reduced as provided in section 25A(g)(2).''. (c) Conforming Amendments.-- (1) Subparagraph (B) of section 24(b)(3) of such Code is amended by striking ``25A(i)'' and inserting ``25A''. (2) Clause (ii) of section 25(e)(1)(C) of such Code is amended by striking ``2A(i)'' inserting ``25A''. (3) Paragraph (2) of section 25B(g) of such Code is amended by striking ``25A(i)'' and inserting ``25A''. (4) Paragraph (2) of section 1400C(d) of such Code is amended by striking ``25A(i)'' and inserting ``25A''. (5) Section 62(a) of such Code is amended by striking paragraph (18). (6) Subparagraph (A) of section 86(b)(2) of such Code is amended by striking ``, 222''. (7) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 25A(d)(2)''. (8) Subparagraph (A) of section 135(c)(4) of such Code is amended by striking ``, 222''. (9) Subparagraph (A) of section 137(b)(3) of such Code is amended by striking ``, 222''. (10) Subparagraph (A) of section 199(d)(2) of such Code is amended by striking ``, 222''. (11) Clause (ii) of section 219(g)(3)(A) of such Code is amended by striking ``, 222''. (12) Clause (i) of section 221(b)(2)(C) of such Code is amended by striking ``, 222''. (13) Clause (iii) of section 469(i)(3)(F) of such Code is amended by striking ``221, and 222'' and inserting ``and 221''. (14) Subsection (d) of section 221 of such Code is amended-- (A) by striking ``section 25A(g)(2)'' in paragraph (2)(B) and inserting ``section 25A(d)(2)'', and (B) by striking ``section 25A(f)(2)'' in the second sentence of paragraph (2) and inserting ``section 25A(c)(2)''. (15) Paragraph (3) of section 221(d) of such Code is amended to read as follows: ``(3) Eligible student.--The term `eligible student' means, with respect to any academic period, a student who-- ``(A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and ``(B) is carrying at least \1/2\ the normal full- time workload for the course of study the student is pursuing.''. (16) Subclause (I) of section 529(c)(3)(B)(v) of such Code, as amended by this Act, is amended by striking ``section 25A(g)(2)'' and inserting ``25A(d)(2)''. (17) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking ``section 25A(b)(3)'' and inserting ``section 221(d)(3)''. (18) Subclause (I) of section 530(d)(2)(C)(i) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 25A(d)(2)''. (19) Clause (iii) of section 530(d)(4)(B) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``25A(d)(2)''. (20) Section 1400O of such Code is amended by adding at the end the following flush sentence: ``For purposes of this section, any reference to section 25A shall be treated as a reference to such section as in effect on the day before the date of the enactment of this sentence.''. (21) Subsection (e) of section 6050S of such Code is amended by striking ``subsection (g)(2)'' and inserting ``subsection (d)(2)''. (22) Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking ``section 25A(g)(1) (relating to higher education tuition and related expenses)'' and inserting ``section 25A(d)(1) (relating to higher education tax credit)''. (23) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``, 25A,'' after ``section 35''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2010, for education furnished in academic periods beginning after such date.

Higher Education Affordability Act of 2010 - Amends the Internal Revenue Code to replace the Hope and lifetime learning tax credits with a partially refundable $3,000 tax credit for the higher education expenses of a taxpayer, the taxpayer's spouse, or any dependent at an institution of higher education.

To amend the Internal Revenue Code of 1986 to consolidate education tax benefits into one credit against income tax for higher education expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Payday Loan Reform Act of 2007''. SEC. 2. PROHIBITION ON PAYDAY LOANS BASED ON CHECKS DRAWN ON, OR AUTHORIZED WITHDRAWALS FROM, DEPOSITORY INSTITUTIONS. Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended by adding at the end the following new subsection: ``(e) Prohibition on Payday Loans Based on Checks Drawn on, or Authorized Withdrawals From, Depository Institutions.-- ``(1) In general.--A creditor may not make a payday loan to any person, if the creditor knows or has reasonable cause to believe that-- ``(A) any personal check or share draft that the creditor receives from the person in exchange for the loan is drawn on a depository institution; or ``(B) any account that will be debited in exchange for the loan is a transaction account or share draft account at a depository institution. ``(2) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Depository institution.--The term `depository institution' has the same meaning as in section 19(b)(1)(A) of the Federal Reserve Act. ``(B) Payday loan.--The term `payday loan' means any transaction in which a short-term cash advance is made to a consumer in exchange for-- ``(i) the personal check or share draft of the consumer, in the amount of the advance plus a fee, where presentment or negotiation of such check or share draft is deferred by agreement of the parties until a designated future date; or ``(ii) the authorization of a consumer to debit the transaction account or share draft account of the consumer, in the amount of the advance plus a fee, where such account will be debited on or after a designated future date.''. SEC. 3. PROHIBITION ON INSURED DEPOSITORY INSTITUTIONS MAKING PAYDAY LOANS. Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following: ``(y) Prohibition on Insured Depository Institutions Making Payday Loans.-- ``(1) In general.--An insured depository institution may not make or extend-- ``(A) any payday loan, either directly or indirectly; or ``(B) any loan or credit to any other lender for purposes of financing a payday loan or refinancing or extending any payday loan. ``(2) Payday loan defined.--For purposes of this subsection, the term `payday loan' means any transaction in which a short-term cash advance is made to a consumer in exchange for-- ``(A) the personal check or share draft of the consumer, in the amount of the advance plus a fee, where presentment or negotiation of such check or share draft is deferred by agreement of the parties until a designated future date; or ``(B) the authorization of the consumer to debit the transaction account or share draft account of the consumer, in the amount of the advance plus a fee, where such account will be debited on or after a designated future date.''. SEC. 4. PENALTIES AND REMEDIES. (a) Contract Void.--Any credit agreement, promissory note, or other contract prohibited under any amendment made by this Act shall be void from the inception of such agreement, note, or contract. (b) Clarification of Liability.--Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended by inserting after the penultimate sentence the following new sentence: ``Any creditor who violates section 128(e) with respect to any person shall be liable to such person under paragraphs (1), (2) and (3).'' (c) Preservation of Other Remedies.--The remedies and rights provided under any amendment made by this Act are in addition to and do not preclude any remedy otherwise available under law to the person claiming relief under any provision of law, including any award for general, consequential, or punitive damages. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect at the end of the 30-day period beginning on the date of the enactment of this Act and shall apply to all loans initiated on or after such date and to any extension or renewal of loans made on or after such date.

Payday Loan Reform Act of 2007 - Amends the Truth in Lending Act to prohibit payday loans based on checks drawn on, or authorized withdrawals from, insured depository institutions. Amends the Federal Deposit Insurance Act to prohibit an insured depository institution from: (1) making or extending a payday loan, either directly or indirectly; or (2) making any loan to any other lender for purposes of financing, refinancing, or extending any payday loan. Declares payday loan instruments or transactions void from inception.

To amend the Truth in Lending Act and the Federal Deposit Insurance Act to prohibit payday loans based on checks drawn on, or authorized withdrawals from, depository institutions and to prohibit insured depository institutions from making payday loans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnerships for Progress and Prosperity Act'' or the ``P3 Act''. SEC. 2. FINDINGS. Congress finds the following: (1) As part of their Blueprint for Action researchers at Harvard Graduate School of Education and the Pathways to Prosperity Network recommend creating programs designed to ``combine work and academic learning in post-secondary career preparation''. In a follow-up study to the original ``Pathways to Prosperity'' published by Harvard's Graduate School of Education in 2011, the same researchers released ``A Blueprint for Action'' in June 2014. (2) The Executive Office of Science and Technology Policy have explicitly stated a goal of strengthening America's STEM workforce. (3) According to a study by the Manufacturing Institute, a national survey of United States manufacturing executives found that 83 percent of American manufacturers reported a moderate or severe shortage of skilled workers. (4) The American Enterprise Institute further states that, ``According to the U.S. Department of Labor, the percentage of manufacturing workers aged 55 to 64 and the share of workers older than 65 have both significantly increased since 2000. Moreover, they also report that the median age of the manufacturing workforce increased from 40.5 in 2000 to 44.1 in 2011. The Society of Manufacturing Engineers predicts that the shortfall of skilled factory workers could increase to 3 million jobs by 2015 due to the aging manufacturing workforce and the resulting retirements of older workers, at the same time that an anticipated manufacturing rebound will increase demand for skilled workers.''. (5) The 2012 Program for International Student Assessment found the United States below the average score of participating countries in mathematics and science. Furthermore, the United States has dropped in the rankings for mathematics achievement from 25th in 2009 to 36th in 2012. (6) NAE, along with other peer reviewed publications and studies from universities around the country have examined the benefits of partnerships between schools and outside organizations. Partnerships for Progress and Prosperity Act programs as well as experiential learning play an important role in training students for the jobs of the future. SEC. 3. GRANT PROGRAM. (a) In General.--From the amounts appropriated under subsection (h), the Secretary of Education shall award grants to eligible entities to improve the education of students in science, technology, engineering, and mathematics (in this section referred to as ``STEM'') and prepare such students to pursue undergraduate and graduate degrees and careers in such fields. (b) Application.--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 description of-- (1) the local, regional, or national employer in a STEM field with which the eligible entity will partner or collaborate to carry out activities under subsection (c)(2); and (2) the activities the eligible entity will carry out under subsection (c)(2) with the grant. (c) Uses of Funds.-- (1) Partnership or collaboration.--An eligible entity receiving a grant under this section shall carry out at least one of the activities described in paragraph (2) in partnership or collaboration with-- (A) the local, regional, or national employer described in the agency's application under subsection (b)(1); and (B) an institution of higher education, in the case of an eligible entity that is a local educational agency, or a local educational agency, in the case of an eligible entity that is an institution of higher education. (2) Activities.--The activities referred to in paragraph (1) are as follows: (A) Assist students in being placed in internships or apprenticeships with the employers with whom the eligible entity is partnering or collaborating under paragraph (1)(A). (B) Develop the curriculum and metrics of STEM coursework. (C) Carry out dual-credit courses that offer both secondary school credit and college credit, and incorporate STEM education and STEM workplace training. (D) Provide tutoring in STEM coursework and mentoring programs for academic advice and assistance in discussing future career opportunities in STEM fields. (E) Enable students and their teachers to attend STEM events outside the classroom. (F) Provide after-school and summer STEM programs for students. (G) Purchase education materials or equipment to facilitate STEM instruction. (d) Awarding of Grants.--In awarding grants under this section, the Secretary shall-- (1) carry out a rigorous evaluation of each eligible entity's application under subsection (b) being considered for a grant under this section to determine whether the eligible entity demonstrates a rationale based on high-quality research findings or positive evaluation that the activity proposed to be funded with the grant is likely to improve student outcomes or other relevant outcomes; and (2) give special consideration to eligible entities that-- (A) promote in-classroom engagement between STEM professionals and students, creating co-teaching and guest-teaching opportunities; (B) use technology-based instructional materials and content; (C) pair mentors and tutors with students struggling to meet curriculum benchmarks; (D) in the case of eligible entities that are local educational agencies, serve schools in which the majority of students are eligible to receive free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and (E) propose to use the grant to target interventions for populations that are traditionally underrepresented in STEM fields, including women, minorities, and low-income students. (e) Matching Requirement.-- (1) In general.--Each eligible entity that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 50 percent of the grant. Such non-Federal contribution may be provided in cash or in kind. (2) Partnership authorized.--An eligible entity may partner with a public and private entity that may assist the eligible entity in meeting the matching requirement under paragraph (1). (3) Waiver.--The Secretary may waive all or part of the matching requirement under paragraph (1) for an eligible entity if the entity demonstrates that such requirement would result in a serious financial hardship or a financial inability to carry out the goals of the grant. (f) Supplement, Not Supplant.--Grant funds provided to an eligible entity under this section shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this section. (g) Definitions.--In this Act: (1) Eligible entity.--The term ``eligible entity'' means a local educational agency or an institution of higher education. (2) ESEA terms.--The terms ``local educational agency'', ``poverty line'', ``secondary school'', ``Secretary'', and ``State'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) 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). (4) Low-income student.--The term ``low-income student'' means a student whose family's taxable income for the preceding year did not exceed 150 percent of the poverty line. (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2018 and each succeeding fiscal year.

Partnerships for Progress and Prosperity Act or the P3 Act This bill requires the Department of Education (ED) to award grants to local educational agencies (LEAs) and institutions of higher education for the improvement of students' education in science, technology, engineering, and mathematics (STEM). Each grantee shall partner with an employer in a STEM field to: assist students in obtaining internships or apprenticeships, develop STEM coursework curricula and metrics, carry out dual-credit courses, provide tutoring and mentoring, enable students and teachers to attend STEM events outside of the classroom, provide after-school and summer STEM programs, and purchase educational materials or equipment to facilitate STEM instruction. In awarding grants under the program, ED shall give special consideration to applicants that: promote in-classroom engagement between STEM professionals and students; use technology-based materials and content; pair mentors and tutors with students struggling to meet curriculum benchmarks; in the case of LEA applicants, serve schools in which most students are eligible for free or reduced-price lunch; and propose to use grant funds to target interventions for populations that are traditionally underrepresented in STEM fields. Each grantee shall provide matching funds equal to 50% of the grant amount.

Partnerships for Progress and Prosperity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Outdoor Sports Protection Act''. SEC. 2. FINDINGS. Congress finds that-- (1) millions of Americans of all ages enjoy recreational fishing, sport shooting, and hunting; (2) those millions of anglers, sport shooters, and hunters are the primary source of funding for Federal and State wildlife and habitat conservation and management; (3) lead and other types of traditional fishing, shooting, and hunting implements have been used by Americans for hundreds of years; (4) alternative forms of sinkers and fishing lures are considerably more expensive than those made of traditional materials; consequently, a ban on traditional fishing implements would decrease fishing participation and impose significant additional costs on millions of Americans who fish; (5) alternative forms of ammunition and ammunition components are considerably more expensive than those made of traditional materials, and can be difficult if not impossible to obtain; consequently, a ban on traditional ammunition would decrease participation in the shooting sports and impose significant costs on the millions of American hunters and sport shooters; (6) any reduction in participation in fishing, hunting, and the shooting sports would greatly affect funding for Federal and State wildlife and habitat conservation; and (7) voluntary programs by hunters to reduce lead use have largely been successful, and in the absence of more definitive evidence of harm to the environment the Federal Government should not take steps to restrict the use of traditional hunting and fishing implements. SEC. 3. DEFINITIONS. In this Act: (1) Traditional hunting and fishing implement.--The term ``traditional hunting and fishing implement'' means any-- (A) firearm; (B) ammunition; (C) ammunition component; (D) fishing lure; (E) fishing sinker or weight; and (F) fishing line; that contains lead, zinc, copper, or brass. (2) Federal public land.-- (A) In general.--Except as provided in subparagraph (B), the term ``Federal public land'' means any land or water that is-- (i) owned by the United States; and (ii) managed by the Department of the Interior or the Department of Agriculture for purposes that include the conservation of natural resources. (B) Exclusion.--The term ``Federal public land'' does not include any land or water held in trust for the benefit of-- (i) a federally recognized Indian tribe; or (ii) a member of a federally recognized Indian tribe. SEC. 4. PROTECTION OF TRADITIONAL HUNTING AND FISHING IMPLEMENT. (a) In General.--The Administrator of the Environmental Protection Agency shall not take action to prohibit or otherwise restrict, based on material content, the manufacture, importation, sale, or use of any traditional hunting and fishing implement. (b) Report.--If the Administrator determines that the best scientific evidence available demonstrates that the use of any traditional hunting and fishing implement is having or will have a substantially detrimental effect on the environment, the Administrator shall report those findings to Congress, with any recommendation that the Administrator may have for legislative action. SEC. 5. LIMITATION ON DEPARTMENTS OF THE INTERIOR AND AGRICULTURE. (a) In General.--Subject to section 7, the Department of the Interior and the Department of Agriculture, including each agency and bureau of such Departments, shall not newly prohibit or limit, based on material content, the use of any traditional hunting and fishing implement on Federal public lands. (b) Report.--If the Secretary of the Interior or Secretary Agriculture determines that the best scientific evidence available demonstrates that the use of traditional hunting and fishing equipment is having or will have a substantially detrimental effect on the sustainability of a local fish or wildlife population, the Secretary shall report those findings to Congress, with any recommendation that the Secretary or Secretaries may have for legislative action. SEC. 6. STATE COMPLIANCE. Subject to section 7, no State or territory of the United States shall be eligible for any funding or apportionment under the Pittman- Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) or the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.) if the State or territory prohibits or otherwise restricts, based on material content, the sale or use of any traditional hunting and fishing implement. SEC. 7. EXCEPTIONS. Nothing in this Act affects the Department of the Interior's, Department of Agriculture's, a State's, or a territory's authority to prohibit or limit, based on material content, the types of traditional hunting and fishing implements used for hunting and fishing to the extent a specific law or regulation is in effect on the date of enactment of this Act.

Outdoor Sports Protection Act - Prohibits the Administrator of the Environmental Protection Agency (EPA) from prohibiting or otherwise restricting, the manufacture, importation, sale, or use of any traditional hunting and fishing implement based on material content. Defines "traditional hunting and fishing implement" as any firearm, ammunition, ammunition component, fishing lure, fishing sinker or weight, and fishing line that contains lead, zinc, copper, or brass. Requires the Administrator to report any determination that the best scientific evidence available demonstrates that the use of any such implement has a substantially detrimental effect on the environment. Prohibits the Departments of the Interior and of Agriculture (USDA) from newly prohibiting or limiting the use of any such implement on federal public lands based on material content. Directs the Secretary of either department to report any determination that the best scientific evidence available demonstrates that such use has a substantially detrimental effect on the sustainability of a local fish or wildlife population. Prohibits a state or U.S. territory from being eligible for any funding or apportionment under the Pittman-Robertson Wildlife Restoration Act or the Dingell-Johnson Sport Fish Restoration Act if the state or territory newly prohibits or otherwise restricts the sale or use of any such implement based on material content.

To protect the use of traditional hunting and fishing implements and to prevent unnecessary and unwarranted restrictions on the implements used by the hunting and fishing communities.