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SECTION 1. STRENGTHENING THE MEDICAID THIRD-PARTY LIABILITY REQUIREMENT. (a) State and Health Provider Right To Make Inquiries and Third- Party Responsibilities.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)(25)-- (A) by striking ``and'' at the end of subparagraph (H); (B) by adding ``and'' at the end of subparagraph (I); and (C) by adding at the end the following new subparagraph: ``(J) that the State shall provide assurances satisfactory to the Secretary that the State has in effect laws requiring the State to make inquiries to third parties, including health insurers, self-insured plans, group health plans (as defined in section 607(1) of the Employee Retirement Income Security Act of 1974), service benefit plans, managed care organizations, pharmacy benefit managers, or other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service, operating in any State;''; and (2) by adding at the end the following new subsection: ``(dd) Responsibilities of Third Parties.-- ``(1) In general.--Third parties described in subsection (a)(25)(J) shall-- ``(A) provide, with respect to individuals who are eligible for, or are provided, medical assistance under the State plan, upon the request of the State, information to determine during what period the individual (or the individual's spouse or dependents) may be (or may have been) covered by a health insurer and the nature of the coverage that is or was provided by the health insurer (including the name, address, and identifying number of the plan) in a manner prescribed by the Secretary; ``(B) accept the State's right of recovery and the assignment to the State of any right of an individual or other entity to payment from the party for an item or service for which payment has been made under the State plan; ``(C) respond to any inquiry by the State regarding a claim for payment for any health care item or service that is submitted not later than 3 years after the date of the provision of such health care item or service; and ``(D) agree not to deny a claim submitted by the State solely on the basis of the date of submission of the claim, the type or format of the claim form, or a failure to present proper documentation at the point- of-sale that is the basis of the claim, if-- ``(i) the claim is submitted by the State within the 3-year period beginning on the date on which the item or service was furnished; and ``(ii) any action by the State to enforce its rights with respect to such claim is commenced within 6 years of the State's submission of such claim. ``(2) Inquiries of third parties.--Entities providing services and items to individuals receiving medical assistance under this title (or to individuals the entity reasonably believes may receive medical assistance under this title) may make inquiries to third parties described in subsection (a)(15)(J) that are, by statute, contract, or agreement, legally responsible for payment of a claim, operating in any State, for the purpose of determining eligibility and coverage for those individuals.''. (b) Referrals to the Secretary; Maintaining the Integrity of the Medicaid Program.--Section 1909 of such Act (42 U.S.C. 1396h) is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(5) The law contains a requirement for making a referral to the Secretary for the purposes of subsection (e).''; and (2) by adding at the end the following new subsection: ``(e) Federal Civil Penalties and Payments to States.-- ``(1) Federal civil penalties.-- ``(A) In general.--Upon referral from a State, if the Secretary finds that a third party, including any third party described in section 1902(a)(25)(J), that is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service, failed to reply to inquiries about an individual sent pursuant to such section, the Secretary shall impose a civil penalty upon that third party of not less than $5,000 and not more than $10,000, plus 3 times the amount of the claim for that individual without regard to any other legal responsibility of the third party for payment of a claim for a health care item or service for that individual. ``(B) Failure defined.--For purposes of subparagraph (A), the term `failed' means the failure of a third party described to provide the information required by section 1902(a)(25)(J) about an individual within 10 days of the date the inquiry is first made to the party. ``(2) Payments to states.--The Secretary shall pay a State an amount equal to the Federal medical assistance percentage of any amount obligated to the United States under paragraph (1).''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2009.

Amends title XIX (Medicaid) of the Social Security Act to direct state Medicaid plans to require the state to provide the Secretary of Health and Human Services with satisfactory assurances that it has in effect laws requiring the state to make inquiries to third parties, including health insurers, self-insured plans, group health plans, or other parties operating in any state that are responsible for payment of a claim for a health care item or service. Requires third parties to: (1) provide, upon state request, information about Medicaid-eligible or -receiving individuals to determine during what period the individual (or the spouse or dependents) may be (or may have been) covered by a health insurer, as well as the nature of such coverage; (2) accept the state's right of recovery and the assignment to the state of any right of an individual or other entity to payment from the party for an item or service for which payment has been made under the state plan; and (3) agree not to deny a claim submitted by the state solely on the basis of its date of submission, the type or format of the claim form, or a failure to present proper documentation at the point-of-sale that is the basis of the claim, if the claim is submitted by the state within three years after the item or service was furnished, and any action by the state to enforce its rights is commenced within six years of its submission of the claim. Establishes a civil monetary penalty for a third party's failure to reply to inquiries required by this Act.

To amend title XIX of the Social Security Act to strengthen the Medicaid third-party liability requirements.

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Tax Free Tips Act of 2007''. (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. TIPS NOT SUBJECT TO INCOME OR EMPLOYMENT TAXES. (a) In General.--Section 102 (relating to gifts and inheritances) is amended by adding at the end the following new subsection: ``(d) Tips.--For purposes of subsection (a), tips shall be treated as property transferred by gift.''. (b) Exclusion From Social Security Taxes.-- (1) Social security taxes.-- (A) Paragraph (12) of section 3121(a) is amended to read as follows: ``(12) tips;''. (B) Section 3121 is amended by striking subsection (q) (relating to tips included for both employee and employer taxes). (C) Subsection (a) of section 3102 is amended by striking ``; and an employer who is furnished by an employee a written statement of tips (received in a calendar month) pursuant to section 6053(a) to which paragraph (12)(B) of section 3121(a) is applicable may deduct an amount equivalent to such tax with respect to such tips from any wages of the employee (exclusive of tips) under his control, even though at the time such statement is furnished the total amount of the tips included in statements furnished to the employer as having been received by the employee in such calendar month in the course of his employment by such employer is less than $20''. (D) Section 3102 is amended by striking subsection (c) (relating to special rule for tips). (E) Subsection (a) of section 3202 is amended by striking the second sentence. (2) Tier 1 railroad retirement.-- (A) Section 3202 is amended by striking subsection (c). (B) Paragraph (3) of section 3231(e) is amended to read as follows: ``(3) Solely for purposes of the taxes imposed by section 3201 and other provisions of this chapter insofar as they relate to such taxes, the term `compensation' shall not include tips.''. (C) Section 3231 is amended by striking subsection (h). (c) Exclusion From Unemployment Compensation Taxes.--Subsection (s) of section 3306 is amended to read as follows: ``(s) Tips Not Treated as Wages.--For purposes of this chapter, the term `wages' shall not include tips.''. (d) Exclusion From Wage Withholding.-- (1) Paragraph (16) of section 3401(a) is amended to read as follows: ``(16) tips;''. (2) Section 3401 is amended by striking subsection (f). (3) Section 3402 is amended by striking subsection (k). (e) Tips Defined.--Subsection (a) of section 7701 (relating to definitions) is amended by adding at the end the following new paragraph: ``(50) Tips.--The term `tips' includes any gratuity provided to a salaried employee by a customer or client of the employer's business.''. (f) Conforming Amendments.-- (1) Clause (i) of section 32(c)(2)(A) (defining earned income) is amended by striking ``tips,''. (2)(A) Section 45B (relating to credit for portion of employer social security taxes paid with respect to employee cash tips) is hereby repealed. (B) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 45B. (C) Subsection (b) of section 38 is amended by striking paragraph (11) and by redesignating the succeeding paragraphs accordingly. (D) Subsection (c) of section 196 is amended by striking paragraph (8) and by redesignating the succeeding paragraphs accordingly. (E) Subsection (m) of section 6501 is amended by striking ``45B,''. (3) Section 220(b)(4)(A) is amended by striking ``tips,''. (4) Section 451 is amended by striking subsection (c). (5) Section 6001 is amended by striking the last sentence. (6) Section 6041 is amended by striking subsection (e). (7) Subsection (c) of section 6041A is amended by striking ``, 6052, or 6053'' and inserting ``or 6052''. (8) Subsection (a) of section 6051 is amended by striking ``In the case of tips received by an employee in the course of his employment, the amounts required to be shown by paragraphs (3) and (5) shall include only such tips as are included in statements furnished to the employer pursuant to section 6053(a).''. (9) Section 6053 (relating to tip reporting) is hereby repealed. (10) The table of sections for subpart C of part III of subchapter A of chapter 61 is amended by striking the item relating to section 6053. (11) Section 6652 is amended by striking subsection (b) (relating to failure to report tips). (12) Section 6674 (relating to fraudulent statement or failure to furnish statement to employee) is amended by striking ``or 6053(b)'' each place it appears. (13) Subparagraph (B) of section 6724(d)(1) is amended by striking clause (xv) and redesignating the succeeding clauses accordingly. (14) Paragraph (2) of section 6724(d) is amended by striking subparagraph (V) and redesignating the succeeding subparagraphs accordingly. (g) Effective Date.--The amendments made by this section shall apply to tips received in calendar months beginning after the date of the enactment of this Act.

Tax Free Tips Act of 2007 - Amends the Internal Revenue Code to exempt tips from the income tax, social security and railroad retirement taxes, unemployment taxes, and tax withholding. Defines "tips" as any gratuity provided to a salaried employee by a customer or client of the employer's business.

To amend the Internal Revenue Code of 1986 to provide that tips shall not be subject to income or employment taxes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smithsonian Facilities Authorization Act''. SEC. 2. ADDITIONAL SPACE AND RESOURCES FOR NATIONAL COLLECTIONS HELD BY THE SMITHSONIAN INSTITUTION. (a) In General.--Public Law 94-98 (20 U.S.C. 50 note; 89 Stat. 480) is amended by adding at the end the following: ``SEC. 4. ADDITIONAL SPACE AND RESOURCES FOR NATIONAL COLLECTIONS HELD BY THE SMITHSONIAN INSTITUTION. ``(a) In General.--The Board of Regents of the Smithsonian Institution may plan, design, construct, and equip additional special use storage and laboratory space at the museum support facility of the Smithsonian Institution in Suitland, Maryland, to accommodate the care, preservation, conservation, deposit, and study of national collections held in trust by the Institution. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $2,000,000 for fiscal year 2003; ``(2) $10,000,000 for fiscal year 2004; and ``(3) such sums as are necessary for each of fiscal years 2005 through 2008.''. (b) Conforming Amendment.--Section 3 of Public Law 94-98 (20 U.S.C. 50 note; 89 Stat. 480) is amended in the first sentence by striking ``the purposes of this Act.'' and inserting ``this Act (other than section 4).''. SEC. 3. PATENT OFFICE BUILDING IMPROVEMENTS. (a) Authorization of Use of Funds.-- (1) In general.--The Board of Regents of the Smithsonian Institution may plan, design, and construct improvements to the interior and exterior of the Patent Office Building (including the construction of a roof covering for the courtyard), using funds available to the Institution from nonappropriated sources. (2) Definition.--In this section, the term ``Patent Office Building'' means the building transferred to the Smithsonian Institution pursuant to Public Law 85-357. (b) Design and Specifications.--The design and specifications for any exterior alterations authorized by subsection (a) shall be-- (1) submitted by the Secretary of the Smithsonian Institution (referred to in this section as the ``Secretary'') to the Commission of Fine Arts for comments and recommendations; and (2) subject to the review and approval of the National Capital Planning Commission in accordance with section 8722 of title 40, United States Code, and section 16 of the Act of June 20, 1938 (sec. 6-641.15, D.C. Official Code). (c) Authority of Historic Preservation Agencies.-- (1) In general.--The Secretary shall-- (A) take into account the effect of the improvements authorized by subsection (a) on the historic character of the Patent Office Building; and (B) provide the Advisory Council on Historic Preservation a reasonable opportunity to comment with regard to such improvements. (2) Status of smithsonian.--In carrying out this subsection, and in carrying out other projects in the District of Columbia which are subject to the review and approval of the National Capital Planning Commission in accordance with section 16 of the Act of June 20, 1938 (sec. 6-641.15, D.C. Official Code), the Smithsonian Institution shall be deemed to be an agency for purposes of compliance with regulations promulgated by the Advisory Council on Historic Preservation pursuant to section 106 of the National Historic Preservation Act (16 U.S.C. 470f). SEC. 4. CONTRACTING AUTHORITY OF SECRETARY. (a) In General.--The Secretary of the Smithsonian Institution may-- (1) enter into multi-year contracts for the acquisition of property and services under the authority of section 304B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254c); and (2) enter into contracts for the acquisition of severable services for a period that begins in one fiscal year and ends in the next fiscal year under the authority of section 303L of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253l). (b) Effective Date.--This section shall apply to contracts entered into on or after the date of the enactment of this Act. SEC. 5. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. The Secretary of the Smithsonian Institution may establish a program for making voluntary separation incentive payments for employees of the Smithsonian Institution which is substantially similar to the program established under subchapter II of chapter 35 of title 5, United States Code (as added by section 1313(a) of the Homeland Security Act of 2002). SEC. 6. SENSE OF CONGRESS REGARDING JAZZ APPRECIATION MONTH. (a) Findings.--Congress finds the following: (1) On December 4, 1987, Congress approved House Concurrent Resolution 57, designating jazz as ``a rare and valuable national American treasure''. (2) Jazz has inspired some of the Nation's leading creative artists and ranks as one of the greatest cultural exports of the United States. (3) Jazz is an original American art form which has inspired dancers, choreographers, poets, novelists, filmmakers, classical composers, and musicians in many other kinds of music. (4) Jazz has become an international language that bridges cultural differences and brings people of all races, ages, and backgrounds together. (5) The jazz heritage of the United States should be appreciated as broadly as possible and should be part of the educational curriculum for children in the United States. (6) The Smithsonian Institution has played a vital role in the preservation of American culture, including art and music. (7) The Smithsonian Institution's National Museum of American History has established April as Jazz Appreciation Month to pay tribute to jazz as both a historic and living American art form. (8) The Smithsonian Institution's National Museum of American History has received great contributions toward this effort from other governmental agencies and cultural organizations. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Smithsonian Institution's National Museum of American History should be commended for establishing a Jazz Appreciation Month; and (2) musicians, schools, colleges, libraries, concert halls, museums, radio and television stations, and other organizations should develop programs to explore, perpetuate, and honor jazz as a national and world treasure. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Smithsonian Facilities Authorization Act - (Sec. 2) Amends Federal law to authorize the Board of Regents (Board) of the Smithsonian Institution to plan, design, construct, and equip additional special use storage and laboratory space (Pod 5) at the Museum Support Facility in Suitland, Maryland, to accommodate the care, preservation, conservation, deposit, and study of national collections held in trust by the Institution. Authorize appropriations for FY 2003 through 2008. (Sec. 3) Authorizes the Board to plan, design, and construct improvements to the interior and exterior of the Patent Office Building (including the construction of a roof covering for the courtyard), using funds available to the Institution from nonappropriated sources. Requires the Secretary of the Smithsonian Institution to submit the design and specifications for any Patent Office Building exterior alterations to the Commission of Fine Arts for comments and recommendations, subject to the review and approval of the National Capital Planning Commission. Requires the Secretary to: (1) take into account the effect of such improvements on the historic character of the Patent Office Building; and (2) provide the Advisory Council on Historic Preservation a reasonable opportunity to comment on them. Deems the Smithsonian Institution to be an agency for purposes of compliance with regulations promulgated by the Advisory Council under the National Historic Preservation Act. (Sec. 4) Authorizes the Secretary, under the authority of the Federal Property and Administrative Services Act of 1949, to enter into: (1) multi-year contracts for the acquisition of property and services; and (2) contracts for the acquisition of severable services for a period that begins in one fiscal year and ends in the next fiscal year. (Sec. 5) Authorizes the Secretary to establish a program for making voluntary separation incentive payments for Smithsonian employees which is substantially similar to a specified program established under the Homeland Security Act of 2002. (Sec. 6) Declares the sense of Congress that: (1) the Smithsonian Institution's National Museum of American History should be commended for establishing a Jazz Appreciation Month; and (2) musicians, schools, colleges, libraries, concert halls, museums, radio and television stations, and other organizations should develop programs to explore, perpetuate, and honor jazz as a national and world treasure.

To provide for additional space and resources for national collections held by the Smithsonian Institution, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Microbicides Development Act of 2000''. SEC. 2. FINDINGS. (a) In General.--The Congress finds as follows: (1) Annually at least 1 billion people worldwide contracted one of eight sexually transmitted diseases (``STDs'')-- chlamydia, gonorrhea, syphilis, trichomoniasis, hepatitis B, herpes, human immunodeficiency virus (HIV), and human papilloma virus. Of these, hepatitis B, herpes, HIV, and human papilloma virus are incurable and represented two-thirds of the new infections. (2) In 1999, 15.4 million people in the United States acquired at least one of these eight diseases, the highest rate in the industrialized world. Five of the top 10 most frequently reported infectious diseases (87 percent of all cases) are sexually transmitted. At least 66 million Americans, over 1 in 3 adults aged 15-65, are now living with an incurable viral STD. (3) The total costs to the U.S. economy of STDs, excluding HIV infection, were approximately $16 billion. When the costs of sexually-transmitted HIV infection are included, that total rises to $23 billion. (4) STDs impose high human costs in pain, diminished quality of life, disability, and mortality. In women, STDs other than HIV can produce infertility, cancers, and numerous pregnancy-related complications, including ectopic pregnancy, spontaneous abortion, and stillbirth. Passed to a fetus or infant, these infections can cause low birthweight, pneumonia, neurologic damage, and congenital abnormalities. These infections also substantially enhance susceptibility to HIV infection. (5) Individuals of every age and every geographic, racial, cultural, socioeconomic, and religious background are affected by STDs. Some infections are so prevalent that almost everyone is at risk, with many perhaps unaware of their infected status. (6) Biologically and socially, women are more vulnerable to STDs than men. Many STDs are transmitted more easily from a man to a woman and are more likely to remain undetected in women, resulting in delayed diagnosis and treatment, and more severe complications. (7) In the United States, HIV morbidity and mortality remain highest among African Americans, who make up 13% of the U.S. population but accounted for almost half of AIDS deaths and new AIDS cases in 1998. For African American women between the ages 25 and 44 in the United States, AIDS now occupies second place as the cause of death. (8) In the United States as well as globally, adolescents and young adults are at highest risk of acquiring a sexually- transmitted infection. At least a quarter of all new cases of STDs occur in teens, two-thirds in people ages 15-24, so that by age 24, at least 1 in 3 sexually-active Americans will have contracted an STD. Teenage girls are at particular risk, behaviorally and physiologically. (9) The social, health, and economic burdens of STDs are especially severe for developing countries. Among women ages 15-49 in developing countries, STDs represent the second largest burdens of mortality and disability. Only ``maternal causes,'' that is, immediate complications of pregnancy and childbirth, rank higher. (10) AIDS is rapidly becoming a ``women's epidemic.'' In the United States, women now constitute the fastest growing group of those newly infected with HIV and in Africa, more women are becoming infected with HIV than are men. Worldwide, almost half of the approximately 14,000 adults infected daily with HIV in 1998 were women, of whom 9 out of 10 live in developing countries. (b) Microbicides.--The Congress finds as follows: (1) Since the early 1990s, ``topical microbicides'' have attracted scientific attention as a possible new technology for preventing STDs, including HIV. Like today's spermicides, microbicides would be used vaginally by women to help protect themselves, their partners, and their infants from the sexual transmission of HIV and other STD pathogens. These compounds could be formulated in a number of ways--as a gel, film, sponge or time released-capsule--and could be used in addition to condoms or as an alternative when condom use is not possible. (2) For individuals needing to use them without partner knowledge or consent, safe, effective, acceptable, and affordable topical microbicides could be formulated to be undetectable. TITLE I--MICROBICIDE RESEARCH AT THE NATIONAL INSTITUTES OF HEALTH SEC. 101. PROGRAM REGARDING MICROBICIDES FOR PREVENTING TRANSMISSION OF SEXUALLY TRANSMITTED DISEASES. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end following section: ``microbicides for preventing transmission of sexually transmitted diseases ``Sec. 409B. (a) Expansion and Coordination of Activities.--The Director of NIH (referred to in this section as the `Director') shall expand, intensify, and coordinate the activities of the Institute with respect to research on the development of microbicides to prevent the transmission of sexually transmitted diseases, including HIV (in this section referred to as `microbicide research'). ``(b) Coordination.--The Director shall coordinate the activities under subsection (a) as outlined in subparagraph (c)(1) among all appropriate institutes and components of the National Institutes of Health to the extent such institutes and components have responsibilities that are related to the development of microbicides. ``(c) Program for Microbicide Development.--In carrying out subsection (a), the Institute shall establish a program to support research to develop microbicides that can substantially reduce transmission of sexually transmitted infections. Activities under such subsection shall provide for an expansion and intensification of the conduct and support of-- ``(1) basic research on the initial mechanisms of infection by sexually transmitted pathogens; ``(2) development of appropriate animal models for evaluating safety and efficacy of microbicides; ``(3) development of mucosal delivery systems; ``(4) research on approaches to the design of contraceptive and non-contraceptive microbicides; ``(5) clinical trials; and ``(6) behavioral research on use, acceptability and compliance with microbicides. ``(d) Implementation Plan.--The Director, in coordination with institute directors as described in subsection (b), shall develop and implement a plan to ensure that the research programs described in paragraph (c)(1) are implemented in accordance with a plan for such programs. Such plan shall include the comments of the Director and shall include, but not be limited to, the following information for the five year period beginning upon enactment of such section: ``(1) Description of plan and objectives with respect to microbicide research. ``(2) Description of the institutes involved and their role in microbicide research. ``(3) Capacity of such institutes to conduct microbicide research as described in (c)(1). ``(4) Description of grant and contract mechanisms available to facilitate microbicide research, including grant and contract mechanisms, RFA's, SBIR/STTRs, support for preclinical product development and clinical trial capacity. ``(5) Description of the plan for increasing number of investigators in this area of research. ``(e) Public Comment.--The Director shall develop a mechanism to provide the public, including non-profit private entities concerned with microbicide research, opportunities to submit comments on the plan, including provisions relating to the selection of products for clinical evaluations and to the SBIR and STTR program referred to in subparagraph (d)(4). ``(f) Report to Congress.--The Director shall prepare, and the Secretary shall submit, not later than 1 year after the date on enactment, and annually thereafter, a report that describes the activities of the Institute, under the research programs referred to in subsection (c), that shall include-- ``(1) a description of the research plan with respect to microbicide research prepared under subsection (d); ``(2) an assessment of the development, revision, and implementation of such plan; ``(3) a description and evaluation of the progress made, during the period for which such report is prepared, in the research on microbicides; ``(4) a summary and analysis of expenditures made, during the period for which the report is made, for activities with respect to microbicides conducted and supported by the National Institutes of Health; and ``(5) such comments and recommendations as the Director considers appropriate. ``(g) Coordination.--The Director, to the extent practicable, shall consult with the Director for the Centers for Disease Control and Prevention and the United States Agency for International Development, in developing the plan under subparagraph (d) for research on microbicides that takes into consideration research on sexually transmitted diseases and microbicides carried out at the Centers for Disease Control and Prevention and the United States Agency for International Development. ``(h) Authorization of Appropriations.--For the purposes of carrying out this section, there are authorized to be appropriated $50,000,000 for fiscal year 2001, $75,000,000 for fiscal year 2002, $100,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 and 2005.''. TITLE II--MICROBICIDE RESEARCH AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION SEC. 201. MICROBICIDES FOR PREVENTING TRANSMISSION OF SEXUALLY TRANSMITTED DISEASES. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317G the following section: ``microbicides for preventing transmission of sexually transmitted diseases ``Sec. 317H. (a) Expansion and Coordination of Microbicide Research Activities.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand, intensify, and coordinate the activities of such Centers with respect to research on microbicides to prevent the transmission of sexually transmitted diseases, including HIV. ``(b) Authorization of Appropriations.--For the purposes of carrying out this section, there are authorized to be appropriated $7,000,000 for fiscal year 2001, $11,000,000 for fiscal year 2002, $15,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 and 2005.''.

Requires NIH to establish a program to support research to develop microbicides that can substantially reduce transmission of sexually transmitted infections. Authorizes appropriations. Title II: Microbicide Research at the Centers for Disease Control and Prevention - Amends the PHSA to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to expand, intensify, and coordinate activities of the Centers with respect to research on microbicides to prevent the transmission of STDs, including HIV. Authorizes appropriations.

Microbicides Development Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Services and Activities for Diverse Elders Act''. SEC. 2. OBJECTIVES. Section 101(8) of the Older Americans Act of 1965 (42 U.S.C. 3001(8)) is amended by inserting ``and supports, offered in a culturally and linguistically competent manner'' after ``community services.''. SEC. 3. DEFINITIONS. (a) Cultural and Linguistic Competence.--Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended-- (1) by redesignating paragraphs (13) through (54) as paragraphs (14) through (55), respectively; (2) by inserting after paragraph (12) the following: ``(13) The term `cultural and linguistic competence' means competence in a set of behaviors, attitudes, and policies that is-- ``(A) used by an organization or among professionals; and ``(B) enables effective work in cross-cultural situations.''; and (3) in paragraph (15)(C), as redesignated by paragraph (1) of this subsection, by inserting ``, their family members,'' before ``and their primary''; (4) in paragraph (29)(E), as redesignated by paragraph (1) of this subsection, by inserting ``, in a culturally and linguistically competent manner,'' before ``the entire community of older individuals''; (5) in paragraph (39), as redesignated by paragraph (1) of this subsection, by striking ``(as defined in paragraph (18)(B))'' and inserting ``(as defined in paragraph (19)(B))''; and (6) in paragraph (47)(D), as redesignated by paragraph (1) of this subsection, by striking ``(as defined in paragraph (18)(B))'' and inserting ``(as defined in paragraph (19)(B))''. (b) Conforming Amendment.--Section 373(c)(1)(B) of the Older Americans Act of 1965 (42 U.S.C. 3030s-1(c)(1)(B)) is amended by striking ``section 102(22)'' and inserting ``section 102(23)''. SEC. 4. FUNCTIONS OF ASSISTANT SECRETARY. Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)) is amended by striking paragraph (15) and inserting the following: ``(15)(A) as needed, provide technical assistance, training through training packages, and other forms of instruction to entities consisting of State agencies, area agencies on aging, service providers, and community-based organizations, to ensure that the entities develop and implement, in a culturally and linguistically competent manner, programming, services, and outreach for older individuals with greatest economic need and older individuals with greatest social need, with particular attention to and specific objectives for providing services to low-income minority individuals and older individuals residing in rural areas; and ``(B) consult with national and community-based organizations representing minority individuals to develop the capacity of the Administration to provide such technical assistance, training, and instruction.''. SEC. 5. ORGANIZATION. Section 305(a)(2)(C) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(2)(C)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) in clause (ii), by adding ``and'' at the end; and (3) by adding at the end the following: ``(iii) the distribution among planning and service areas of service providers who specialize in serving populations of older individuals with greatest social need;''. SEC. 6. AREA PLANS. Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended-- (1) in paragraph (16), by striking ``and'' at the end; (2) in paragraph (17), by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(18) provide assurances that programming, services, and outreach will be developed and implemented in a culturally and linguistically competent manner, for older individuals with greatest social need; ``(19) provide assurances that staff training includes instruction on cultural and linguistic competence in the provision of services to older individuals with greatest social need; ``(20) provide assurances that the services of providers who are contractors will be provided in a culturally and linguistically competent manner; and ``(21) provide assurances that, to the extent feasible, services provided in response to elder abuse will be provided in a culturally and linguistically competent manner.''. SEC. 7. STATE PLANS. Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended-- (1) by striking paragraph (15) and inserting the following: ``(15)(A) The plan shall provide assurances that programming and services will be provided in a culturally and linguistically competent manner to older individuals with greatest social need, and that the State will require the area agency on aging for each planning and service area in which a significant number of older individuals are limited English proficient-- ``(i) to utilize in the provision of such programming and services, workers who are fluent in the language spoken by a predominant number of such older individuals who are limited English proficient; and ``(ii) to designate an individual employed by the area agency on aging, or available to such area agency on aging on a full-time basis, whose responsibilities will include-- ``(I) taking such action as may be appropriate to assure that programming, services, and outreach are developed and implemented in a culturally and linguistically competent manner for older individuals with greatest social need; and ``(II) providing guidance to individuals engaged in the delivery of services under the area plan involved to enable such individuals to deliver the services in a culturally and linguistically competent manner. ``(B) The plan shall provide assurances that, if a substantial number of the older individuals residing in any planning and service area in the State are limited English proficient, then the State will require the area agency on aging for each such planning and service area to utilize, in the delivery of outreach services under section 306(a)(2)(A) in a culturally and linguistically competent manner, the services of workers who are fluent in the language spoken by a predominant number of such older individuals who are limited English proficient.''; (2) by striking paragraph (20) and inserting the following: ``(20) The plan shall provide assurances that special efforts will be made to provide technical assistance to minority providers of services and to providers who specialize in serving populations of older individuals with greatest social need.''; and (3) in paragraph (28)(B)-- (A) by striking clause (i) and inserting the following: ``(i) the projected change in the number of older individuals in the State, and the dispersal and growth in the number of older individuals with greatest social need in each planning and service area in the State;''; and (B) by striking clause (iii) and inserting the following: ``(iii) an analysis of how the programs, policies, and services provided by the State can be improved, including by coordinating with area agencies on aging and by developing the cultural and linguistic competence of persons providing programming and services, and how resource levels can be adjusted to meet the needs of the changing population of older individuals in the State; and''.

Improving Services and Activities for Diverse Elders Act - Amends the Older Americans Act of 1965 (OAA) to make it a duty and function of the Administration on Aging to provide technical assistance, training, and other forms of instruction to state and area agencies on aging, service providers, and community-based organizations to ensure that they develop and implement, in a culturally and linguistically competent manner, programming, services, and outreach for older individuals with greatest economic and social need, with particular attention to low-income minority individuals and older individuals in rural areas. Requires the Administration to consult with national and community-based organizations representing minority individuals to develop its capacity to provide such technical assistance, training, and instruction. Requires the state agency charged with administering the state OAA plan to develop a formula for distribution of funds under OAA that takes into account the distribution among planning and service areas of service providers who specialize in serving populations of older individuals with greatest social need. Requires area and state plans to provide assurances that programming, services, and outreach will be provided to older individuals with the greatest social need in a culturally and linguistically competent manner under certain circumstances.

A bill to amend the Older Americans Act of 1965 to strengthen programming, services, and outreach for diverse elders, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Workforce for the 21st Century Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Community college.--The term ``community college'' has the meaning given the term ``junior or community college'' in section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058). (2) Department.--The term ``Department'' means the Department of Energy. (3) Elementary school.--The term ``elementary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (5) Minority-serving institution.--The term ``minority- serving institution'' means-- (A) a historically Black college or university, which shall have the meaning given the term ``part B institution'' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061); (B) a Predominantly Black Institution, as defined in section 318(b) of such Act (20 U.S.C. 1059e(b)); (C) a Hispanic-serving institution, as defined in section 502(a) of such Act (20 U.S.C. 1101a(a)); or (D) a Tribal College or University, as defined in section 316(b) of such Act (20 U.S.C. 1059c(b)). (6) National laboratory.--The term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (7) Program.--The term ``program'' means the program established under section 3(a). (8) Secondary school.--The term ``secondary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (9) Secretary.--The term ``Secretary'' means the Secretary of Energy. (10) STEM.--The term ``STEM'' means science, technology, engineering, and mathematics. SEC. 3. ENERGY AND MANUFACTURING WORKFORCE DEVELOPMENT. (a) In General.--The Secretary shall establish and carry out a comprehensive program to improve education and training for energy- and manufacturing-related jobs in order to increase the number of skilled workers trained to work in energy- and manufacturing-related fields, including by-- (1) encouraging underrepresented groups, including ethnic minorities, women, veterans, and socioeconomically disadvantaged individuals to enter into the STEM fields; (2) encouraging leaders in the education system of the United States to equip students with the skills, mentorships, training, and technical expertise necessary to fill the employment opportunities vital to managing and operating the energy- and manufacturing-related industries of the United States; (3) providing students and other candidates for employment with the opportunity to gain necessary skills and certifications for skilled, semiskilled, and highly skilled energy and manufacturing-related jobs; and (4) strengthening and more fully engaging programs of the Department and the National Laboratories in carrying out the Minorities in Energy Initiative of the Department. (b) Priority.--The Secretary shall make providing education and training underrepresented groups for energy and manufacturing-related jobs a national priority under the program. (c) Direct Assistance.-- (1) In general.--In carrying out the program, the Secretary shall provide direct assistance (including financial assistance awards, technical expertise, mentorships, internships, and partnerships) to secondary schools, community colleges, workforce development organizations, nonprofit organizations, labor organizations, apprenticeship programs, tribal colleges and universities, and minority-serving institutions. (2) Distribution.--The Secretary shall distribute direct assistance under the program in a manner proportional to the needs and demand for jobs in the energy- and manufacturing- related industry, consistent with information obtained under subsections (e)(3) and (i). (d) Clearinghouse.--In carrying out the program, the Secretary shall establish a clearinghouse-- (1) to maintain and update information and resources on training and workforce development programs for energy- and manufacturing-related jobs; and (2) to act as a resource, and provide guidance, for secondary schools, institutions of higher education (including community colleges and minority-serving institutions), workforce development organizations, labor management organizations, and industry organizations that would like to develop and implement energy- and manufacturing-related training programs. (e) Collaboration.-- (1) In general.--In carrying out the program, the Secretary shall-- (A) collaborate with secondary schools, institutions of higher education (including community colleges, minority-serving institutions, and tribal colleges and universities), workforce training organizations, labor organizations, National Laboratories, State energy offices, State boards and local boards (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)), and energy- and manufacturing-related industries; (B) in order to share best practices and approaches that best suit national, State, and local needs, encourage and foster collaboration, mentorships, and partnerships among-- (i) entities (including labor organizations, industries, secondary schools, institutions of higher education (including community colleges), and workforce development organizations) that provide effective job training programs in energy- and manufacturing- related fields; and (ii) entities (including secondary schools, institutions of higher education (including community colleges), and workforce development programs) that seek to establish similar job training programs; and (C) collaborate with the Commissioner of the Bureau of Labor Statistics, the Secretary of Commerce, the Director of the Bureau of the Census, and energy- and manufacturing-related industries to develop a comprehensive and detailed understanding of the workforce needs and opportunities of energy- and manufacturing-related industries. (2) Report.--The Secretary shall publish an annual report on energy- and manufacturing-related job creation as determined as a result of the collaboration under paragraph (1)(C) and sorted-- (A) by the sectors described in subsection (i); and (B) by State and region. (f) Guidelines for Educational Institutions.-- (1) In general.--In carrying out the program, the Secretary, in consultation with the Secretary of Education, the Secretary of Commerce, the Secretary of Labor, the Director of the National Science Foundation, and industry, shall develop guidelines for educational institutions of all levels, including for elementary schools, secondary schools, community colleges, and undergraduate and postbaccalaureate programs of study at institutions of higher education, to help provide graduates with the skills necessary to work in energy- and manufacturing-related jobs. (2) Input.--In developing guidelines under paragraph (1), the Secretary shall solicit input from the oil, gas, coal, renewable, nuclear, utility, energy-intensive and advanced manufacturing, and pipeline industries. (3) Energy and manufacturing efficiency and conservation initiatives.--The guidelines developed under paragraph (1) shall include grade-specific guidelines for teaching energy and manufacturing efficiency and conservation initiatives to provide education to students and families. (4) STEM education.--The guidelines developed under paragraph (1) shall promote STEM education as STEM relates to job opportunities in energy- and manufacturing-related fields of study in elementary schools, secondary schools, and institutions of higher education (including community colleges) nationally. (g) Outreach to Minority-Serving Institutions.--In carrying out the program, the Secretary shall-- (1) give special consideration to increasing outreach to minority-serving institutions; (2) make resources available to minority-serving institutions with the objective of increasing the number of skilled minorities and women trained to go into the energy- and manufacturing-related sectors; (3) encourage industry to improve the opportunities available for students of minority-serving institutions to participate in industry internships and cooperative work-study programs; and (4) partner with the National Laboratories to increase the participation of underrepresented groups in internships, fellowships, traineeships, and employment at the National Laboratories. (h) Outreach to Displaced and Unemployed Energy and Manufacturing Workers.--In carrying out the program, the Secretary shall-- (1) give special consideration to increasing outreach to employers and job trainers preparing displaced and unemployed energy and manufacturing workers for emerging energy- and manufacturing-related jobs; (2) make resources available to entities serving displaced and unemployed energy and manufacturing workers with the objective of training individuals to reenter the energy and manufacturing workforce; and (3) encourage the energy- and manufacturing-related industries to improve opportunities for displaced and unemployed energy and manufacturing workers to participate in internships and cooperative work-study programs. (i) Guidelines To Develop Skills for an Energy and Manufacturing Industry Workforce.--In carrying out the program, the Secretary shall consult with representatives from energy- and manufacturing-related industries (including the oil, gas, coal, nuclear, utility, pipeline, renewable, petrochemical, manufacturing, and electrical construction industries) to identify the areas of highest need in each sector and to develop guidelines for the skills necessary to develop a workforce trained to go into the following sectors of the energy- and manufacturing-related industries: (1) The energy efficiency industry, including work-- (A) in energy efficiency, conservation, weatherization, or retrofitting; or (B) as inspectors or auditors. (2) The pipeline industry, including work-- (A) in pipeline construction and maintenance; or (B) as engineers or technical advisors. (3) The utility industry, including work as utility workers, linemen, electricians, pole workers, repairmen, scientists, engineers, or mathematicians. (4) The alternative fuels industry, including work in biofuel development and production. (5) The nuclear industry, including work as scientists, engineers, technicians, mathematicians, or security personnel. (6) The oil and gas industry, including work as scientists, engineers, technicians, mathematicians, petrochemical engineers, or geologists. (7) The renewable energy industry, including work in the development, manufacturing, and production of renewable energy sources (such as solar, hydropower, wind, or geothermal energy). (8) The coal industry, including work as coal miners, engineers, developers and manufacturers of state-of-the-art coal facilities, technology vendors, coal transportation workers and operators, or mining equipment vendors. (9) The manufacturing industry, including work as operations technicians, operations and design in additive manufacturing, 3-D printing, and advanced composites, industrial energy efficiency management systems, including power electronics, and other innovative technologies. (10) The chemical manufacturing industry, including work-- (A) in construction (such as welders, pipefitters, or tool and die makers); or (B) as instrument and electrical technicians, machinists, chemical process operators, chemical engineers, quality and safety professionals, or reliability engineers. (j) Enrollment in Training and Apprenticeship Programs.--In carrying out the program, the Secretary shall consult with industries, labor organizations, and community-based workforce organizations to help identify students and other candidates, including from underrepresented communities such as minorities, women, and veterans, to enroll in training and apprenticeship programs for energy- and manufacturing-related jobs. (k) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary.

Energy Workforce for the 21st Century Act of 2015 This bill requires the Department of Energy to establish a comprehensive program to improve education and training for energy- and manufacturing-related jobs, with emphasis on increasing the number of skilled individuals from underrepresented groups trained to work in those jobs.

Energy Workforce for the 21st Century Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vehicles for the Future Act''. SEC. 2. ELECTRIC VEHICLE INFRASTRUCTURE. (a) Amendment of PURPA.--Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following: ``(20) Plug-in hybrid electric vehicle and electric vehicle infrastructure.-- ``(A) Utility plan for infrastructure.--Each electric utility shall develop a plan to support the use of plug-in hybrid electric vehicles and electric vehicles, including heavy-duty hybrid electric vehicles. The plan may provide for deployment of electrical charging stations in public or private locations, including street parking, parking garages, parking lots, homes, gas stations, and highway rest stops. Any such plan may also include-- ``(i) battery exchange, fast charging infrastructure and other services; ``(ii) triggers for infrastructure deployment based upon market penetration of plug-in hybrid electric vehicles and electric vehicles; and ``(iii) such other elements as the State determines necessary to support electric vehicles and plug-in hybrid electric vehicles. Each plan under this paragraph shall provide for the deployment of the charging infrastructure or other infrastructure necessary to adequately support the use of plug-in hybrid electric vehicles and electric vehicles. ``(B) Support requirements.--Each State regulatory authority (in the case of each electric utility for which it has ratemaking authority) and each utility (in the case of a nonregulated utility) shall-- ``(i) require that charging infrastructure deployed is interoperable with products of all auto manufacturers to the extent possible; and ``(ii) consider adopting minimum requirements for deployment of electrical charging infrastructure and other appropriate requirements necessary to support the use of plug-in hybrid electric vehicles and electric vehicles. ``(C) Cost recovery.--Each State regulatory authority (in the case of each electric utility for which it has ratemaking authority) and each utility (in the case of a nonregulated utility) shall consider whether, and to what extent, to allow cost recovery for plans and implementation of plans. ``(D) Smart grid integration.--The State regulatory authority (in the case of each electric utility for which it has ratemaking authority) and each utility (in the case of a nonregulated utility) shall-- ``(i) establish any appropriate protocols and standards for integrating plug-in hybrid electric vehicles and electric vehicles into an electrical distribution system, including smart grid systems and devices; ``(ii) include the ability for each plug-in hybrid electric vehicle and electric vehicle to be identified individually and to be associated with its owner's electric utility account, regardless of the location that the vehicle is plugged in, for purposes of appropriate billing for any electricity required to charge the vehicle's batteries as well as any crediting for electricity provided to the electric utility from the vehicle's batteries; and ``(iii) review the determination made in response to section 1252 of the Energy Policy Act of 2005 in light of this section, including whether time-of-use pricing should be employed to enable the use of plug-in hybrid electric vehicles and electric vehicles to contribute to meeting peak-load power needs''. (b) Compliance.-- (1) Time limitations.--Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding the following at the end thereof: ``(7)(A) Not later than 1 year after the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated utility shall commence the consideration referred to in section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (20) of section 111(d). ``(B) Not later than 2 years after the date of the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to the standard established by paragraph (20) of section 111(d).''. (2) Failure to comply.--Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by adding the following at the end: ``In the case of the standards established by paragraph (20) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of such paragraph.''. (3) Prior state actions.--Section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) is amended by inserting ``and paragraph (20)'' before ``of section 111(d)''.

Vehicles for the Future Act - Amends the Public Utility Regulatory Policies Act of 1978 to establish standards for electric utilities regarding electric vehicle infrastructure. Requires electric utilities to develop a plan to support the use of plug-in hybrid electric vehicles and electric vehicles that provides for the deployment of electrical charging stations and charging infrastructure. Directs each state regulatory authority (in the case of each electric utility for which it has ratemaking authority) and each utility (in the case of a nonregulated utility) to: (1) require that infrastructure deployed is interoperable with products of all manufactures; (2) establish protocols and standards for integrating plug-in hybrid electric vehicles and electric vehicles into an electrical distribution system, including smart grid systems and devices; (3) include the ability of each vehicle to be identified individually and to be associated with its owner's electric utility account; and (4) review their determinations on time-based metering and communications. Sets forth provisions concerning compliance with such standards.

To amend the Public Utility Regulatory Policies Act of 1978 with respect to electric vehicle infrastructure.

SECTION 1. ESTABLISHMENT. There is established a commission to be known as the ``Commission for the Deployment of Hydrogen and Fuel Cells'' (in this Act referred to as the ``Commission''). SEC. 2. DUTIES OF COMMISSION. The Commission shall develop a strategic plan that identifies the best methods available to marshal the resources of the Federal Government, State governments, local governments, the private sector, and academia to achieve the mass commercialization of hydrogen as an energy source for stationary fuel cells and vehicle fuel cells at the soonest possible date. Such plan shall take into account actions previously taken by the Federal Government, State governments, local governments, the private sector, and academia. The Commission shall also examine ways to ensure that the United States can use all available feedstocks for hydrogen production, and shall make recommendations for an appropriate entity to monitor ongoing progress in implementing the strategic plan. SEC. 3. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 8 members appointed as follows: (1) 2 members appointed by the Speaker of the House of Representatives. (2) 2 members appointed by the minority leader of the House of Representatives. (3) 2 members appointed by the majority leader of the Senate. (4) 2 members appointed by the minority leader of the Senate. (b) Qualifications.--Individuals appointed under subsection (a) shall have at least 5 years of professional-level experience in science, technology, engineering, or public policy. The appointing officials shall coordinate their appointments so as to ensure that the Commission has a diverse range of such experience. Individuals appointed under subsection (a) may include any former Federal employees. (c) Appointment Date.--Appointments under subsection (a) shall be made not later than 2 months after the date of enactment of this Act. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Basic Pay.-- (1) Rates of pay.--Members shall each be paid at a rate not to exceed the daily rate of basic pay for level V of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (g) Quorum.--Five members of the Commission shall constitute a quorum but a lesser number may hold hearings. (h) Chairperson; Vice Chairperson.--The Chairperson and Vice Chairperson of the Commission shall be elected by the members. The Vice Chairperson shall be a member of the Commission appointed by an appointing official of a different political party than the official who appointed the Chairperson to the Commission. SEC. 4. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Staff.--Subject to rules prescribed by the Commission, the Commission may appoint and fix the pay of personnel as it considers appropriate, including any former Federal employee. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 5. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson or Vice Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. SEC. 6. REPORT. The Commission shall transmit a report to the Congress not later than 8 months after the date of enactment of this Act. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislation, administrative actions, and such other actions as the Commission considers appropriate.

Establishes the Commission for the Deployment of Hydrogen and Fuel Cells to: (1) develop a strategic plan that identifies the best methods available to marshal the resources of the federal, state, local governments, the private sector, and academia to achieve mass commercialization of hydrogen as an energy source for stationary and vehicle fuel cells; (2) examine ways to ensure that the United States can use all available feedstocks for hydrogen production; and (3) make recommendations for an appropriate entity to monitor ongoing progress in implementing the strategic plan.

To provide for the establishment of the Commission for the Deployment of Hydrogen and Fuel Cells, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stronger Tobacco Warning Labels To Save Lives Act''. SEC. 2. AMENDMENT TO FEDERAL CIGARETTE AND LABELING ADVERTISING ACT. (a) Amendment.--The Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331 et seq.) is amended by striking section 4 and inserting the following: ``SEC. 4. LABELING. ``(a) General Rule.-- ``(1) Label on package.--It shall be unlawful for any person to manufacture, package, or import for sale or distribution within the United States any cigarettes the package of which fails to bear, in accordance with the requirements of this section, a warning label. ``(2) Label in advertising.--It shall be unlawful for any manufacturer or importer of cigarettes to advertise or cause to be advertised within the United States any cigarette unless the advertising bears, in accordance with the requirements of this section, one of the warning labels required under paragraph (1). ``(b) Regulations.--Not later than 1 year after the date of enactment of the Stronger Tobacco Warning Labels To Save Lives Act, the Secretary shall promulgate regulations describing the warning labels required under subsection (a). ``(c) Content of Label.--The regulations promulgated under subsection (b) shall ensure that the text of each warning label required under subsection (a) consists of the following: ``(1) 1 or more of the following statements: ``(A) WARNING: Cigarettes Are Highly Addictive. ``(B) WARNING: Tobacco Smoke Can Harm Your Children. ``(C) WARNING: Cigarettes Cause Fatal Lung Disease. ``(D) WARNING: Cigarettes Cause Cancer. ``(E) WARNING: Cigarettes Cause Fatal Heart Disease. ``(F) WARNING: Cigarettes Cause Strokes. ``(G) WARNING: Smoking During Pregnancy Can Seriously Harm Your Baby. ``(H) WARNING: Smoking Can Kill You. ``(I) WARNING: Tobacco Smoke Causes Fatal Lung Disease in Nonsmokers. ``(J) WARNING: Quitting Smoking Now Greatly Reduces Serious Risks To Your Health. ``(K) WARNING: Children See, Children Do--Your Children are Twice as Likely to Smoke if You Do. ``(2) At the election of the Secretary, such additional statement as the Secretary determines effective in deterring smoking. ``(d) Graphics.-- ``(1) In general.--The regulations promulgated under subsection (b) shall ensure that each warning label required under subsection (a) contains a color graphic (such as a picture) that illustrates or emphasizes the message of the text of the corresponding warning label. ``(2) Contents.--The graphics described in paragraph (1) shall enhance the message of the text of the warning label and shall include a color picture of 1 of the following: ``(A) A diseased lung, heart, or mouth. ``(B) An individual suffering from addiction. ``(C) Children watching an adult smoke a cigarette. ``(D) An individual adversely affected by secondhand smoke from a cigarette, such as a pregnant woman or infant. ``(e) Requirements for Products.-- ``(1) Location.--The text of each warning label required under subsection (a)(1) shall be located on the upper portion of the front panel of the cigarette package (such as a carton) and occupy not less than 50 percent of such front panel. ``(2) Type and color.--Each label statement required under subsection (a)(1) shall be printed in at least 17 point type with adjustments as determined appropriate by the Secretary. All the letters in the label statement shall appear in conspicuous and legible type, appear in contrast by typography, layout, or color with all other printed material on the package, and be printed in a black-on-white or white-on-black format as determined appropriate by the Secretary. ``(f) Requirements for Advertising.-- ``(1) Location.--The text of each warning label required under subsection (a)(2) shall occupy not less than 50 percent of the area of the advertisement involved. ``(2) Type and color.-- ``(A) Type.--Each label statement required under subsection (a)(2) shall be printed in a point type that is not less than the following types: ``(i) With respect to whole page advertisements on broadsheet newspaper--45 point type. ``(ii) With respect to half page advertisements on broadsheet newspaper--39 point type. ``(iii) With respect to whole page advertisements on tabloid newspaper--39 point type. ``(iv) With respect to half page advertisements on tabloid newspaper--27 point type. ``(v) With respect to double page spread magazine advertisements--31.5 point type. ``(vi) With respect to whole page magazine advertisements--31.5 point type. ``(vii) With respect to 28 cm x 3 column advertisements--22.5 point type. ``(viii) With respect to 20 cm x 2 column advertisements--15 point type. ``(B) Type size revisions.--The Secretary may revise the required type sizes described in subparagraph (A) as the Secretary determines appropriate within the 50 percent requirement described in paragraph (1). ``(C) Color.--All the letters in the label statement shall appear in conspicuous and legible type, appear in contrast by typography, layout, or color with all other printed material in the advertisement, and be printed in alternating black-on-white and white-on- black formats as determined appropriate by the Secretary. ``(g) Rotation of Label Statements.-- ``(1) In general.--Except as provided in paragraph (2), the label statements required under paragraph (1) or (2) of subsection (a) shall be rotated by each manufacturer or importer of cigarettes covered by that paragraph quarterly in alternating sequence on packages of each brand of the cigarettes and in the advertisements for each such brand of cigarettes, in accordance with a plan submitted by the manufacturer or importer and approved by the Federal Trade Commission. The Federal Trade Commission shall approve such a plan submitted by a manufacturer or importer of cigarettes that will provide the rotation required under this subsection and that assures that all of the label statements required under subsection (a) will be displayed by the manufacturer or importer at the same time. ``(2) Application of other rotation requirements.-- ``(A) Application.-- ``(i) In general.--A manufacturer or importer of cigarettes may apply to the Federal Trade Commission to have the label rotation described in subparagraph (C) apply with respect to a brand style of cigarettes manufactured or imported by such manufacturer or importer if-- ``(I) the number of cigarettes of such brand style sold or distributed by the manufacturer or importer in the fiscal year preceding the submission of the application is less than \1/4\ of 1 percent of all the cigarettes sold in the United States in such year; and ``(II) more than \1/2\ of the cigarettes manufactured or imported by such manufacturer or importer for sale or distribution in the United States are packaged into brand styles that meet the requirements of subclause (I). ``(ii) Approval.--If such an application is approved by the Commission, the label rotation described in subparagraph (C) shall apply with respect to the applicant during the 1-year period beginning on the date of the approval of the application. ``(B) Plan.--An applicant manufacturer or importer under subparagraph (A) shall include in its application a plan under which the label statements required under subsection (a) shall be rotated by the applicant in accordance with the label rotation described in subparagraph (C). ``(C) Other rotation requirements.--Under the label rotation that the manufacturer or importer with such an approved application may put into effect, each of the label statements specified in subsection (c)(1) shall appear on the packages of each brand style of cigarettes with respect to which the application was approved an equal number of times within the 1-year period beginning on the date of the approval of the application. ``(h) Application of Requirement.--Subsection (a) does not apply to a distributor or a retailer of cigarettes who does not manufacture, package, or import cigarettes for sale or distribution within the United States. ``(i) Cigars; Pipe Tobacco.-- ``(1) In general.--The Secretary shall promulgate such regulations as may be necessary to establish warning labels for cigars and pipe tobacco. Such regulations shall-- ``(A) require content-specific messages regarding health hazards posed by cigars and pipe tobacco; ``(B) include graphics for such content messages, as required under subsection (d); and ``(C) be formatted in a clear and unambiguous manner, as required under subsection (e)(2). ``(2) Definitions.--In this subsection: ``(A) Cigar.--The term `cigar' means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco (other than any roll of tobacco that is a cigarette or cigarillo). ``(B) Pipe tobacco.--The term `pipe tobacco' means any loose tobacco that, because of the appearance, type, packaging, or labeling of such tobacco, is likely to be offered to, or purchased by, consumers as a tobacco to be smoked in a pipe.''. (b) Effective Date.--The amendment made by this section shall take effect 1 year after the date of enactment of this section. SEC. 3. AMENDMENT TO THE COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION ACT OF 1986. (a) Amendment.--The Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4401 et seq.) is amended by striking section 3 and inserting the following: ``SEC. 3. SMOKELESS TOBACCO WARNING. ``(a) General Rule.-- ``(1) Label on package.--It shall be unlawful for any person to manufacture, package, or import for sale or distribution within the United States any smokeless tobacco product unless the product package bears, in accordance with the requirements of this section, a warning label. ``(2) Label in advertising.--It shall be unlawful for any manufacturer or importer of smokeless tobacco products to advertise or cause to be advertised within the United States any smokeless tobacco product unless the advertising bears, in accordance with the requirements of this Act, one of the warning labels required under paragraph (1). ``(b) Regulations.--Not later than 1 year after the date of enactment of the Stronger Tobacco Warning Labels To Save Lives Act, the Secretary shall promulgate regulations describing the warning labels required under subsection (a). ``(c) Content of Label.--The regulations promulgated under subsection (b) shall ensure that the text of each warning label required under subsection (a) consists of the following: ``(1) 1 or more of the following statements: ``(A) WARNING: This Product May Cause Mouth Cancer. ``(B) WARNING: This Product May Cause Gum Disease and Tooth Loss. ``(C) WARNING: This Product Is Not a Safe Alternative to Cigarettes. ``(D) WARNING: Smokeless Tobacco Is Highly Addictive. ``(2) At the election of the Secretary, such additional statement as the Secretary determines effective in deterring the use of smokeless tobacco. ``(d) Graphics.-- ``(1) In general.--The regulations promulgated under subsection (b) shall ensure that each warning label required under subsection (a) contains a color graphic (such as a picture) that illustrates or emphasizes the message of the text of the corresponding warning label. ``(2) Contents.--The graphics described in paragraph (1) shall enhance the message of the text of the warning label and shall include a color picture of 1 of the following: ``(A) A diseased mouth or other physical effect of using a smokeless tobacco product. ``(B) An individual using a smokeless tobacco product. ``(C) Children watching an adult use a smokeless tobacco product. ``(e) Requirements for Products.-- ``(1) Location.--The text of each warning label required under subsection (a)(1) shall be located on the principal display panel of the product and occupy not less than 50 percent of such panel. ``(2) Type and color.--Each label statement required under subsection (a)(1) shall be printed in at least 17 point type with adjustments as determined appropriate by the Secretary to reflect the length of the required statement. All the letters in the label statement shall appear in conspicuous and legible type, appear in contrast by typography, layout, or color with all other printed material on the package, and be printed in alternating black-on-white and white-on-black formats as determined appropriate by the Secretary. ``(f) Requirements for Advertising.--The provisions of section 4(f) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333(f)) shall apply to labels in advertisements required under subsection (a)(2). ``(g) Rotation of Label Statements.--The provisions of section 4(g)(1) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333(g)(1)) shall apply to labels on packages and labels in advertisements required under paragraphs (1) and (2), respectively, of subsection (a). ``(h) Application of Requirement.--Subsection (a) does not apply to a distributor or a retailer of smokeless tobacco products who does not manufacture, package, or import such products for sale or distribution within the United States. ``(i) Television and Radio Advertising.--It shall be unlawful to advertise a smokeless tobacco product or cigars on any medium of electronic communications subject to the jurisdiction of the Federal Communications Commission.''. (b) Effective Date.--The amendment made by this section shall take effect 1 year after the date of enactment of this section.

Stronger Tobacco Warning Labels to Save Lives Act - Amends the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 to make it unlawful for any person to manufacture, package, or import for sale or distribution within the United States any cigarettes or smokeless tobacco products unless there is, in accordance with the specified requirements of this Act, a warning label on the upper portion of the front panel of the cigarette package (such as a carton) or on the principal display panel of the smokeless tobacco package.Lists, in the amendments to each Act, certain statements, at least one of which a warning label on a package must contain. Specifies label requirements for advertisements. Requires the rotation of labels for both packages and advertisements in accordance with a Federal Trade Commission approved plan.

A bill to amend the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 to require warning labels for tobacco products.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Health Care Infrastructure Investment Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Moratorium on delayed payments under contracts that provide for the disbursement of funds. Sec. 3. Establishment of the Health Care Infrastructure Commission. Sec. 4. Study and final recommendations; timetable for implementation of advanced informational infrastructure. Sec. 5. Application of advanced informational infrastructure to the FEHBP. Sec. 6. Authorization of appropriations. SEC. 2. MORATORIUM ON DELAYED PAYMENTS UNDER CONTRACTS THAT PROVIDE FOR THE DISBURSEMENT OF FUNDS. (a) Moratorium.--Section 1842(c)(3) (42 U.S.C. 1395u(c)(3)) is repealed. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act. SEC. 3. ESTABLISHMENT OF THE HEALTH CARE INFRASTRUCTURE COMMISSION. (a) Establishment.--There is established within the Department of Health and Human Services a Health Care Infrastructure Commission (in this section referred to as the ``Commission'') to coordinate the expertise and programs within and among departments and agencies of the Federal Government for the purposes of designing and implementing an advanced informational infrastructure for the administration of Federal health benefits programs. (b) Duties.--The Commission shall-- (1) establish an advanced informational infrastructure for the administration of Federal health benefits programs which consists of an immediate claim, administration, payment resolution, and data collection system (in this section referred to as the ``system'') that is initially for use by carriers to process claims submitted by providers and suppliers under part B of the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) after conducting the study under section 4(a)(1); (2) implement such system in accordance with the final recommendations published under subsection (a)(2) of section 4 and the timetable set forth under subsection (b) of such section; and (3) carry out such other matters as the Secretary of Health and Human Services (in this section referred to as the ``Secretary''), in consultation with the other members of the Commission, may prescribe. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 7 members as follows: (A) The Secretary, who shall be the chairperson of the Commission. (B) One shall be appointed from the National Aeronautics and Space Administration by the Administrator. (C) One shall be appointed from the Defense Advanced Research Projects Agency by the Director. (D) One shall be appointed from the National Science Foundation by the Director. (E) One shall be appointed from the Office of Science and Technology Policy by the Director. (F) One shall be appointed from the Department of Veterans Affairs by the Secretary. (G) One shall be appointed from the Office of Management and Budget by the Director. (2) Requirements.--Each of the members appointed under subparagraphs (B) through (G) of paragraph (1) shall-- (A) have been appointed as an officer or employee of the agency by the President by and with the advice and consent of the Senate; and (B) be an expert in advanced information technology. (3) Deadline for initial appointment.--The members of the Commission shall be appointed by not later than 3 months after the date of enactment of this Act. (d) Meetings.-- (1) In general.--The Commission shall meet at the call of the chairperson, except that it shall meet-- (A) not less than 4 times each year; or (B) on the written request of a majority of its members. (2) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (e) Compensation.--Each member of the Commission shall serve without compensation in addition to that received for the services of such member as an officer or employee of the United States. (f) Staff.-- (1) in general.--The chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. (2) Compensation.--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, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (g) Procurement of Temporary and Intermittent Services.--The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (h) Termination.--The Commission shall terminate on the date on which the system is fully implemented under section 4(b)(3). SEC. 4. STUDY AND FINAL RECOMMENDATIONS; TIMETABLE FOR IMPLEMENTATION OF ADVANCED INFORMATIONAL INFRASTRUCTURE. (a) Study and Final Recommendations.-- (1) Study.--The Commission shall conduct a study during the 3-year period beginning on the date of enactment of this Act on the design and construction of an immediate claim, administration, payment resolution, and data collection system (in this section referred to as the ``system'') that-- (A) immediately advises each provider and supplier of coverage determinations; (B) immediately notifies each provider or supplier of any incomplete or invalid claim, including-- (i) the identification of any missing information; (ii) the identification of any coding errors; and (iii) information detailing how the provider or supplier may develop a claim under such system; (C) allows for proper completion and resubmission of each claim identified as incomplete or invalid under subparagraph (B); (D) allows for immediate automatic processing of clean claims (as defined in section 1842(c)(2)(B)(i) of the Social Security Act (42 U.S.C. 1395u(c)(2)(B)(i)) so that a provider or supplier may provide a written explanation of medical benefits, including an explanation of costs and coverage to any beneficiary under part B of the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) at the point of care; and (E) allows for electronic payment of claims to each provider and supplier, including payment through electronic funds transfer, for each claim for which payment is not made on a periodic interim payment basis under such part. (2) Final recommendations.-- (A) Publication.--Not later than 3 years after the date of enactment of this Act, the chairperson of the Commission shall publish in the Federal Register final recommendations that reflect input from each interested party, including providers and suppliers, insurance companies, and health benefits management concerns using a process similar to the process used for developing standards under section 1172(c) of the Social Security Act (42 U.S.C. 1320d-1(c)). (B) Considerations.--In developing the final recommendations to be published under subparagraph (A), the Commission shall-- (i) make every effort to design system specifications that are flexible, scalable, and performance-based; and (ii) ensure that strict security measures-- (I) guard system integrity; (II) protect the privacy of patients and the confidentiality of personally identifiable health insurance data used or maintained under the system; and (III) apply to any network service provider used in connection with the system. (b) Timetable.--The timetable set forth under this subsection is as follows: (1) Initial implementation.--Not later than 5 years after the date of enactment of this Act, the system shall support-- (A) 50 percent of queries regarding coverage determinations; (B) 30 percent of determinations regarding incomplete or invalid claims; and (C) immediate processing at the point of care of 40 percent of clean claims submitted by providers and suppliers under part B of the medicare program. (2) Intermediate implementation.--Not later than 7 years after the date of enactment of this Act, the system shall support-- (A) 70 percent of queries regarding coverage determinations; (B) 50 percent of determinations regarding incomplete or invalid claims; and (C) immediate processing at the point of care of 60 percent of clean claims submitted by providers and suppliers under part B of the medicare program. (3) Full implementation.--Not later than 10 years after the date of enactment of this Act, the system shall support-- (A) 90 percent of queries regarding coverage determinations; (B) 60 percent of determinations regarding incomplete or invalid claims; and (C) immediate processing at the point of care of 40 percent of the total number of claims submitted by providers and suppliers under part B of the medicare program. SEC. 5. APPLICATION OF ADVANCED INFORMATIONAL INFRASTRUCTURE TO THE FEHBP. (a) In General.--The Office of Personnel Management (in this section referred to as the ``Office'') shall-- (1) adapt the immediate claim, administration, payment resolution, and data collection system established under section 3 (in this section referred to as the ``system'') for use under the Federal employees health benefits program under chapter 89 of title 5, United States Code; and (2) require that carriers (as defined in section 8901(7) of such Code) participating in such program use the system to satisfy certain minimum requirements for claim submission, processing, and payment in accordance with the timetable set forth in subsection (b). (b) Timetable.--The timetable set forth in this subsection is as follows: (1) Initial implementation.--Not later than 5 years after the date of enactment of this Act, the Office shall require that carriers use the system to process not less than-- (A) 50 percent of queries regarding coverage determinations; (B) 30 percent of determinations of incomplete or invalid claims; and (C) immediate processing at the point of care of 10 percent of the total number of claims. (2) Intermediate implementation.--Not later than 7 years after the date of enactment of this Act, the Office shall require that carriers use the system to support not less than-- (A) 70 percent of queries regarding coverage determinations; (B) 50 percent of determinations regarding incomplete or invalid claims; and (C) immediate processing at the point of care of 20 percent of the total number of claims. (3) Full implementation.--Not later than 10 years after the date of enactment of this Act, the Office shall require that carriers use the system to support not less than-- (A) 90 percent of queries regarding coverage determinations; (B) 60 percent of determinations of incomplete or invalid claims; and (C) immediate processing of 35 percent of the total number of claims. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are appropriated to the Health Care Infrastructure Commission established under section 3, out of any funds in the Treasury that are not otherwise appropriated, such sums as may be necessary to carry out the provisions of this Act. (b) Availability.--Any sums appropriated under subsection (a) shall remain available until the termination of the Health Care Infrastructure Commission under section 3(h).

Establishes within the Department of Health and Human Services a Health Care Infrastructure Commission to: (1) coordinate the expertise and programs within and among Federal agencies for the purposes of designing and implementing an advanced informational infrastructure for the administration of Federal health benefits programs; and (2) conduct a study on the design and construction of an immediate claim, administration, payment resolution, and data collection system meeting certain requirements. Directs the Office of Personnel Management to: (1) adapt such system for use under the Federal Employees Health Benefits Program (FEHBP); and (2) require that carriers participating in FEHBP use the system to satisfy certain minimum requirements for claim submission, processing, and payment in accordance with the specified timetable. Makes appropriations to the Health Care Infrastructure Commission.

Health Care Infrastructure Investment Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Security and Redress Act'' or ``TSARA''. SEC. 2. JUDICIAL REVIEW PROCEDURES FOR PERSONS DELAYED OR PROHIBITED FROM BOARDING. (a) Exclusive Remedy.--Except as provided in subsection (b), no court of the United States or of any State or political subdivision thereof shall have jurisdiction over any claim, including a constitutional claim, related to or arising out of a decision to delay or prohibit a person from boarding a commercial aircraft because such person has been identified as a threat by the Transportation Security Administration or the Terrorist Screening Center. Any petition filed under subsection (c) shall be the sole and exclusive judicial remedy for any claim described in this section against the United States, any United States Government department or agency, or any component or official of any such department or agency. (b) Exclusive Jurisdiction and Time of Filing.-- (1) Exclusive jurisdiction of the united states court of appeals.--Any petition for review under subsection (c), as well as any claims arising out of the same facts and circumstances that could have been set out in such petition, including any challenge to an individual's identification as a threat by the Transportation Security Administration or the Terrorist Screening Center, shall be filed only in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or where such person's principal place of business is located. (2) Scope of review.--The court of appeals in which the petition is filed shall have jurisdiction to decide all relevant questions of law. The court of appeals shall have exclusive jurisdiction to affirm, amend, modify, or set aside any part of the final decision under review, and may order the Transportation Security Administration or Terrorist Screening Center to conduct further proceedings. (3) Time for filing.--The petition filed under subsection (c), as well as any claims related to such petition, must be filed not later than 60 days after a final order or final decision is issued pursuant to the administrative redress process established by section 44903, 44909, or 44926 of title 49, United States Code. The court of appeals may allow the petition to be filed after the 60th day only if good cause is shown for not filing by the 60th day. (c) Petition for Review.--A petition for review may be filed by any person who challenges a final administrative redress decision by the Transportation Security Administration to delay or prohibit such person from boarding a commercial aircraft because such person has been identified as a threat by the Transportation Security Administration or the Terrorist Screening Center. No petition may be filed under this subsection unless and until the person filing such petition has exhausted the administrative redress process established by section 44903, 44909, or 44926 of title 49, United States Code. (d) Requirement for an Administrative Record and Procedures for Judicial Review.--Notwithstanding any other provision of law, the following procedures shall apply to a petition filed pursuant to subsection (c): (1) The United States shall file with the court of appeals an administrative record, which shall consist of the information the United States relied upon in support of the final decision under review, as well as any information the petitioner has submitted pursuant to the administrative redress process established by section 44903, 44909, or 44926 of title 49, United States Code. (2) All unclassified information contained in the administrative record that is not otherwise privileged or subject to statutory protections shall be provided to the petitioner, and no discovery shall be permitted. (3) The administrative record may include unclassified information subject to privilege or statutory protections, which the United States may submit in camera and ex parte. (4) Sensitive security information contained in the administrative record may only be provided to petitioner's counsel pursuant to a protective order in accordance with the regulations and orders issued pursuant to section 114(r) of title 49, United States Code. (5) The administrative record may also include classified information, which the United States shall submit to the court ex parte and in camera. The United States shall provide an unclassified summary of the classified information to the petitioner's counsel pursuant to a protective order, taking into account the circumstances of the case, including the petitioner's ability to respond to the basis for the final order or final decision, unless the head of the department or agency whose classified information is at issue, or his designee, determines in his discretion that providing a summary could damage the national security of the United States. (6) The administrative record may also include information obtained or derived from orders issued pursuant to the Foreign Intelligence Surveillance Act of 1978, as amended (50 U.S.C. 1801 et seq.), without regard to subsections (c), (e), (f), (g), and (h) of section 106, subsections (d), (f), (g), (h), and (i) of section 305, subsections (c), (e), (f), (g), and (h) of section 405, and section 706, of that Act. Whenever the United States intends to use such information against an aggrieved person, it shall provide an in camera and ex parte notice to the court concerning such use. (7) Whenever the court of appeals receives a notice pursuant to subsection (d)(6), the court shall review, in camera and ex parte, the application, order, and any other materials that may be submitted by the United States. (8) If the court determines that the order was not lawfully authorized, or the information was not obtained in conformity with the order, it shall exclude such information from consideration as part of the administrative record. (9) Any classified information, sensitive security information, law enforcement sensitive information, or information that is otherwise privileged or subject to statutory protections, that is part of the administrative record, or cited by the court in any decision, shall be treated by the court and the parties consistent with the provisions of this subsection, and shall remain under seal and preserved in the records of the court to be made available in the event of further proceedings. In no event shall such information be released as part of the public record. (10) After the expiration of the time to seek further review, or the conclusion of further proceedings, the court shall return the administrative record, including any and all copies, to the United States. All privileged information or other information in the possession of petitioner's counsel that was provided by the United States pursuant to a protective order shall be returned to the United States, or the petitioner's counsel shall certify its destruction, including any and all copies. (e) Scope of Review.--The court of appeals shall decide any petition for review filed under subsection (c) based solely on the administrative record submitted by the United States, including any information which may have been filed with the court in camera and ex parte, and any information submitted by the petitioner during the administrative redress process established by section 44903, 44909, or 44926 of title 49, United States Code. The court shall uphold a final decision issued pursuant to the administrative redress process by the Transportation Security Administration unless such decision was-- (1) arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right; (4) lacking substantial support in the administrative record taken as a whole, including in the classified information submitted to the court; or (5) not in accord with procedures required by law. (f) Supreme Court Review.--A decision by the court of appeals under this section may be reviewed by the Supreme Court under section 1254 of title 28, United States Code. (g) Rule of Construction.--Nothing in this section shall be construed as limiting, superseding, or preventing the invocation of, any privileges or defenses that are otherwise available at law or in equity to protect against the disclosure of information. SEC. 3. DEFINITIONS. In this Act: (1) The term ``classified information'' means any information or material that has been determined by the United States Government pursuant to an Executive order, statute, or regulation, to require protection against unauthorized disclosure for reasons of national security and any restricted data, as defined in paragraph r. of section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)). (2) The term ``national security'' means the national defense and foreign relations of the United States. (3) The term ``sensitive security information'' shall have the meaning set forth in sections 114(r) and 40119 of title 49, United States Code, and the regulations and orders issued pursuant thereto. (4) The term ``aggrieved person'' shall have the meaning set forth in sections 1801(k), 1821(2), and 1841(3) of title 50, United States Code. SEC. 4. APPLICATION TO PROCEEDINGS. (a) Effective Date.--The amendments made by this Act shall take effect on the date of the enactment of this Act, and shall apply to any pending claim by a person who challenges a final decision by the Transportation Security Administration to delay or prohibit such person from boarding a commercial aircraft because he has been identified as a threat by the Transportation Security Administration or the Terrorist Screening Center. (b) Conforming Amendment.--The procedures set forth in section 2(d) shall also apply to any petition to review a final order entered pursuant to section 46110 of title 49, United States Code.

Transportation Security and Redress Act or TSARA This bill grants to the U.S. Court of Appeals for the District of Columbia Circuit and certain other U.S. courts of appeals exclusive jurisdiction to review any claims against the United States or a federal agency arising out of a decision to delay or prohibit a person from boarding a commercial aircraft because that person has been identified as a threat by the Transportation Security Administration (TSA) or the Terrorist Screening Center. A petition for review may be filed by any person who challenges a final administrative redress decision by the TSA to delay or prohibit a person from boarding a commercial aircraft because identified as a threat. No petition may be filed until the person filing has exhausted the administrative redress process. The court of appeals shall decide any petition for review based only on the administrative record submitted by the United States which shall consist of the information the United States relied upon in support of the final decision under review, as well as any information the petitioner has submitted pursuant to the administrative redress process. The court shall uphold a final decision issued pursuant to such process by the TSA unless such decision was: arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity; in excess of statutory jurisdiction, authority, or limitation, or short of statutory right; lacking substantial support in the administrative record taken as a whole, including in the classified information submitted to the court; or not in accord with procedures required by law. A decision made by a court of appeals under this bill may be reviewed by the Supreme Court.

TSARA

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Flat Rate COLA Act of 1993''. SEC. 2. FLAT RATE COST-OF-LIVING ADJUSTMENT. (a) General Rule.--Section 215(i)(2)(A) of the Social Security Act (42 U.S.C. 415(i)(2)(A)) is amended-- (1) by redesignating clause (iii) as clause (v); (2) in the matter in clause (ii) following subclause (III), by striking ``The increase'' and all that follows through ``Any increase'' and inserting the following: ``(iii) For purposes of subclause (II) of clause (ii), the increase shall be derived by adding to each primary insurance amount described in such subclause (including each such amount as previously increased under this subparagraph) the applicable benefit increase amount. Any increase''; and (3) by inserting before clause (v) (as redesignated by paragraph (1) of this subsection) the following new clause: ``(iv) For purposes of subclauses (I) and (III) of clause (ii), the increase shall be derived by multiplying each of the amounts described in such subclauses (including each of those amounts as previously increased under this subparagraph) by the applicable increase percentage. Any amount so increased which is not a multiple of $0.10 shall be decreased to the next lower multiple of $0.10.''. (b) Definitions.--Section 215(i)(1) of such Act (42 U.S.C. 415(i)(1)) is amended-- (1) by striking subparagraphs (C) through (G); (2) by redesignating subparagraph (H) as subparagraph (E); and (3) by inserting after subparagraph (B) the following new subparagraphs: ``(C) the term `applicable increase percentage' means, with respect to any cost-of-living computation quarter, the same percentage (rounded to the nearest \1/10\ of 1 percent) as the percentage by which the Consumer Price Index for that cost-of- living computation quarter exceeds such index for the most recent prior calendar quarter which was a base quarter under subparagraph (A)(ii), or, if later, the most recent prior cost- of-living computation quarter under subparagraph (B); ``(D) the term `applicable benefit increase amount' means, with respect to any increase under this subsection taking effect with the month of December of any year, an amount equal to the product derived by multiplying-- ``(i) the average of the primary insurance amounts consisting of that 20 percent of the primary insurance amounts, on the basis of which benefits were paid under this title for November of such year, which were the lowest (which average, if not a multiple of $0.01, shall be rounded to the next lower multiple of $0.01), by ``(ii) the applicable increase percentage, which product, if not a multiple of $0.10, shall be rounded to the next lower multiple of $0.10; and''. (c) Conforming Amendments.-- (1) Section 215(i) of such Act (42 U.S.C. 415(i)) is further amended by striking paragraph (5). (2) The last sentence of section 215(a)(4) of such Act (42 U.S.C. 415(a)(4)) is amended, in subclause (I), by striking ``clause (iii) of subsection (i)(2)(A)'' and inserting ``clause (v) of subsection (i)(2)(A)''. (3) Section 708(c) of such Act (42 U.S.C. 909(c)) is amended by striking ``, the `OASDI fund ratio' under section 215(i),''. SEC. 3. CONFORMING AMENDMENTS TO MAINTAIN CURRENT LEVELS OF COST-OF- LIVING ADJUSTMENT BASED ON THE CONSUMER PRICE INDEX UNDER OTHER PROGRAMS. (a) Supplemental security Income for the Aged, Blind, and Disabled.--Section 1617(a)(2) of the Social Security Act (42 U.S.C. 1382f(a)(2)) is amended by striking ``by the same percentage'' and all that follows through ``percentage,'' and inserting the following: ``by the applicable increase percentage (within the meaning of section 215(i)(1)(C)) used in determining the amount by which benefit amounts under title II are increased for such month''. (b) Supplementary Medical Insurance.--Section 1839(a)(3)(B) of such Act (42 U.S.C. 1395r(a)(3)(B)) is amended by striking ``by a percentage'' and all that follows through ``November 1'' and inserting the following: ``by the applicable increase percentage (within the meaning of section 215(i)(1)(C)) used in determining the amount by which benefit amounts under title II are increased for the month of December preceding the year of the promulgation''. (c) Certain Veteran's Benefits.--Section 3112 of title 38, United States Code, is amended-- (1) in subsection (a), by striking ``by the same percentage by which such benefit amounts are increased'' and inserting ``by the applicable increase percentage (within the meaning of section 215(i)(1)(C) of such Act) used in determining the amount by which such benefit amounts are increased''; and (2) in subsection (b)(1), by striking ``by the same percentage as the percentage by which such benefit amounts are increased'' and inserting ``by the applicable increase percentage (within the meaning of section 215(i)(1)(C) of such Act) used in determining the amount by which such benefit amounts are increased''. (d) Cost-of-Living Adjustments to Limitations on Benefits and Contributions Under Qualified Plans.--Subsection (d) of section 415 of the Internal Revenue Code of 1986 (relating to cost-of-living adjustments) is amended by striking ``section 215(i)(2)(A)'' and inserting ``section 215(i)(2)(A)(iv)''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to adjustments under section 215(i) of the Social Security Act effective with months after November 1993.

Social Security Flat Rate COLA Act of 1993 - Amends titles II (Old Age, Survivors and Disability Insurance), XVI (Supplemental Security Income), and XVIII (Medicare) part B (Supplementary Medical Insurance) of the Social Security Act and the veterans' benefits program to make changes in the method of calculating cost of living adjustments (COLAs), basing such COLAs solely on the percentage increase in the Consumer Price Index. Amends the Internal Revenue Code with respect to COLAs to limitations on benefits and contributions under qualified plans.

Social Security Flat Rate COLA Act of 1993

SECTION 1. STUDY. (a) In General.--The Secretary of Homeland Security and the Director of National Intelligence shall conduct jointly, or contract with an entity to conduct, a study of the operations of Federal, State, and local government entities to identify best practices for the communication of information concerning a terrorist threat. (b) Contents.-- (1) Identification of best practices.--The study conducted under this section shall be focused on an analysis and identification of the best practices of the information sharing processes of the following government entities: (A) Joint Terrorism Task Forces, which are operated by the Federal Bureau of Investigations with the participation of local law enforcement agencies. (B) State Homeland Security Fusion Centers, which are established by a State and share information with Federal departments. (C) The Homeland Security Operations Center, which is operated by the Department of Homeland Security for the purposes of coordinating information. (D) State and local law enforcement agencies that collect, utilize, and disseminate information on potential terrorist attacks. (E) The appropriate elements of the intelligence community, as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a), involved in the sharing of counter-terrorism information. (2) Coordination of government entities.--The study conducted under this section shall include an examination of methods for coordinating the activities of Federal, State, and local entities in responding to a terrorist threat, and specifically the communication to the general public of information concerning the threat. The study shall not include an examination of the sources and methods used in the collection of the information. (c) Obtaining Official Data.--In conducting the study, the Secretary, in conjunction with the Director, with due regard for the protection of classified information, may secure directly from any department or agency of the United States information necessary to enable the Secretary to carry out this section. Classified information shall be handled through established methods for controlling such information. (d) Temporary Duty of Federal Personnel.--The Secretary, in conjunction with the Director, may request the head of any department or agency of the United States to detail to temporary duty personnel within the administrative jurisdiction of the head of the department or agency that the Secretary may need to carry out this section, each detail to be without loss of seniority, pay, or other employee status. (e) Report.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Secretary, in conjunction with the Director, shall submit to Congress a report that contains-- (A) a detailed statement of the findings and conclusions of the study, including identification of the best practices for the processing, analysis, and dissemination of information between the government entities referred to in subsection (b)(1); and (B) recommendations for a formalized process of consultation, communication, and confidentiality between Federal, State, and local governments, incorporating the best practices of the various entities studied, to facilitate communication and help prevent the unauthorized dissemination of information and criticism of decisions concerning terrorist threats. (2) Classified information.--To the extent determined appropriate by the Secretary, in conjunction with the Director, the Secretary may submit a portion of the report in classified form. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2007. SEC. 2. CENTERS OF BEST PRACTICES. (a) In General.--The Secretary of Homeland Security, in consultation with the Director of National Intelligence, shall make grants for the establishment and operation of 3 centers to implement the best practices, identified by the study conducted under section 1, for the processing, analysis, and dissemination of information concerning a terrorist threat (in this Act, each referred to as a ``Center''). (b) Location of Centers.--In carrying out subsection (a), the Secretary, in consultation with the Director, shall make grants to-- (1) the State of New York for the establishment of a Center to be located in New York City; (2) the State of Michigan for the establishment of a Center to be located in Detroit; and (3) the State of California for the establishment of a Center to be located in Los Angeles. (c) Purpose of Centers.--Each Center shall-- (1) implement the best practices, identified by the study conducted under section 1, for information sharing concerning a terrorist threat; (2) coordinate the communication of these best practices with other metropolitan areas; (3) coordinate with the Secretary and the Director to develop a training curriculum to implement these best practices; (4) provide funding and technical assistance to other metropolitan areas to assist the metropolitan areas in the implementation of the curriculum developed under paragraph (3); and (5) coordinate with the Secretary and the Director to establish a method to advertise and disseminate these best practices. (d) Authorization of Appropriations.--There is authorized to be appropriated for making grants under this section-- (1) $10,000,000 for fiscal year 2007 for the establishment of the Centers; and (2) $3,000,000 for each of fiscal years 2008 through 2012 for the operation of the Centers. (e) Report to Congress.--Not later than March 31, 2010, the Secretary, in consultation with the Director, shall submit to Congress a report evaluating the operations of the Centers and making recommendations for future funding.

Directs the Secretary of Homeland Security and the Director of National Intelligence to conduct jointly, or contract with an entity to conduct, a study of the operations of federal, state, and local government entities to identify best practices for the communication of information concerning a terrorist threat. Requires the Secretary to make grants for the establishment and operation of three centers (in New York City, Detroit, and Los Angeles) to implement the best practices for the processing, analysis, and dissemination of terrorist threat information.

To direct the Secretary of Homeland Security to conduct a study to identify best practices for the communication of information concerning a terrorist threat, and for other purposes.

SECTION 1. PROHIBITION ON CERTAIN COMPENSATION. (a) Prohibition on Certain Compensation Not Based on Performance Standards.--Section 111 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5221) is amended by redesignating subsections (e) through (h) as subsections (f) through (i), and inserting after subsection (d) the following: ``(e) Prohibition on Certain Compensation Not Based on Performance Standards.-- ``(1) Prohibition.--No financial institution that has received or receives a direct capital investment under the Troubled Assets Relief Program under this title, or with respect to the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or a Federal home loan bank, under the amendments made by section 1117 of the Housing and Economic Recovery Act of 2008, may, while that capital investment remains outstanding, make a compensation payment, other than a longevity bonus or a payment in the form of restricted stock, to any executive or employee under any existing compensation arrangement, or enter into a new compensation payment arrangement, if such compensation payment or compensation payment arrangement-- ``(A) provides for compensation that is unreasonable or excessive, as defined in standards established by the Secretary, in consultation with the Chairperson of the Congressional Oversight Panel established under section 125, in accordance with paragraph (2); or ``(B) includes any bonus or other supplemental payment, whether payable before employment, during employment, or after termination of employment, that is not directly based on performance-based measures set forth in standards established by the Secretary in accordance with paragraph (2). An institution shall not become subject to the requirements of this paragraph as a result of doing business with a recipient of a direct capital investment under the TARP or under the amendments made by the Housing and Economic Recovery Act of 2008. ``(2) Standards.--Not later than 30 days after the date of enactment of this subsection, the Secretary, with the approval of the agencies that are members of the Federal Financial Institutions Examination Council, and in consultation with the Chairperson of the Congressional Oversight Panel established under section 125, shall establish the following: ``(A) Unreasonable and excessive compensation standards.--Standards that define `unreasonable or excessive' for purposes of subparagraph (1)(A). ``(B) Performance-based standards.--Standards for performance-based measures that a financial institution must apply when determining whether it may provide a bonus or retention payment under paragraph (1)(B). Such performance measures shall include-- ``(i) the stability of the financial institution and its ability to repay or begin repaying the United States for any capital investment received under this title; ``(ii) the performance of the individual executive or employee to whom the payment relates; ``(iii) adherence by executives and employees to appropriate risk management requirements; and ``(iv) other standards which provide greater accountability to shareholders and taxpayers. ``(3) Clarification relating to severance pay.--For purposes of this subsection, a compensation payment or compensation payment arrangement shall not include a severance payment paid by an employer in the ordinary course of business to an employee who has been employed by the employer for a minimum of 5 years upon dismissal of that employee, unless such severance payment is in an amount greater than the annual salary of such employee or $250,000. ``(4) Conditional exemption.-- ``(A) Repayment agreement.--Paragraph (1) shall not apply to a financial institution that has entered into a comprehensive agreement with the Secretary to repay the United States, in accordance with a schedule and terms established by the Secretary, all outstanding amounts of any direct capital investment or investments received by such institution under this title. ``(B) Default.--If the Secretary determines that an institution that has entered into an agreement as provided for in subparagraph (A) has defaulted on such agreement, the Secretary shall require that any compensation payments made by such institution that would have been subject to paragraph (1) if the institution had not entered into such an agreement be surrendered to the Treasury. ``(5) Reporting requirement.-- ``(A) In general.--Any financial institution that is subject to the requirements of paragraph (1) shall, not later than 90 days after the date of enactment of this subsection and annually on March 31 each year thereafter, transmit to the Secretary, who shall make a report which states how many persons (officers, directors, and employees) received or will receive total compensation in that fiscal year in each of the following amounts: ``(i) over $500,000; ``(ii) over $1,000,000; ``(iii) over $2,000,000; ``(iv) over $3,000,000; and ``(v) over $5,000,000. The report shall distinguish amounts the institution considers to be a bonus and the reason for such distinction. The name or identity of persons receiving compensation in such amounts shall not be required in such reports. The Secretary shall make such reports available on the Internet. Any financial institution subject to this paragraph shall issue a retrospective annual report for 2008 and both a prospective and retrospective annual report for each subsequent calendar year until such institution ceases to be subject to this paragraph. ``(B) Total compensation defined.--For purposes of this paragraph, the term `total compensation' includes all cash payments (including without limitation salary, bonus, retention payments), all transfers of property, stock options, sales of stock, and all contributions by the company (or its affiliates) for that person's benefit or for the benefit of that person's immediate family members. ``(6) Community financial institution exemption.-- ``(A) In general.--The Secretary may exempt community financial institutions from any of the requirements of this subsection, when the Secretary finds that such an exemption is consistent with the purposes of this subsection. ``(B) Community financial institution defined.--For the purposes of this paragraph, the term `community financial institution' means a financial institution that receives or received a direct capital investment under the Troubled Asset Relief Program under this title of not more than $250,000,000. ``(7) Compensation considerations under the standards.--In establishing standards under this subsection, the Secretary shall consider as compensation any transfer of property, payment of money, or provision of services by the financial institution that causes any increase in wealth on the part of an executive or employee.''. (b) Revision to Rule of Construction.--Section 111(b)(3)(D)(iii) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5221(b)(3)(D)(iii)) is amended by inserting before the period the following: ``, except that an entity subject to subsection (e) may not, while a capital investment described in that subsection remains outstanding, pay a bonus or other supplemental payment that is otherwise prohibited by clause (i) without regard to when the arrangement to pay such a bonus was entered into''. SEC. 2. EXECUTIVE COMPENSATION COMMISSION. Section 111 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5221), as amended by section 1, is further amended by adding at the end the following new subsection: ``(j) Executive Compensation Commission.-- ``(1) Establishment.--There is hereby established a commission to be known as the `Commission on Executive Compensation' (hereinafter in this subsection referred to as the `Commission'). ``(2) Duties.-- ``(A) Study required.--The Commission shall conduct a study of the executive compensation system for recipients of a direct capital investment under the TARP. In conducting such study, the Commission shall examine-- ``(i) how closely executive pay is currently linked to company performance; ``(ii) how closely executive pay has been linked to company performance in the past; ``(iii) how executive pay can be more closely linked to company performance in the future; ``(iv) the factors influencing executive pay; and ``(v) how current executive pay incentives affect executive behavior. ``(B) Consideration of proposals.--The Commission shall consider, in addition to any recommendations made by members of the Commission or outside advisers, the effects of implementing increased shareholder voice in executive compensation. ``(3) Report.-- ``(A) In general.--Not later than 90 days after the date on which all members of the Commission have been appointed, the Commission shall deliver a report to the President and to the Congress containing-- ``(i) recommendations for legislative action; ``(ii) recommendations for executive action, including actions taken by the Department of the Treasury or any other agency for which the Commission has recommendations; and ``(iii) recommendations for voluntary actions to be taken by recipients of a direct capital investment under the TARP. ``(B) Minority views.--The report required under subparagraph (A) shall be accompanied by any separate recommendations that members of the Commission wish to make, but that were not agreed upon by the Commission for purposes of the report required under subparagraph (A). Such separate recommendations must take the form of a proposal for aligning executive pay with the long- term health of the company. ``(4) Composition.-- ``(A) The Commission shall be composed of 9 members, appointed as follows: ``(i) 1 member appointed by the Council of Economic Advisers. ``(ii) 1 member appointed by the Speaker of the House of Representatives. ``(iii) 1 member appointed by the Senate Majority Leader. ``(iv) 1 member appointed by the House Minority Leader. ``(v) 1 member appointed by the Senate Minority Leader. ``(vi) 1 member appointed by the Chairman of the Financial Services Committee of the House of Representatives. ``(vii) 1 member appointed by the Ranking Member of the Financial Services Committee of the House of Representatives. ``(viii) 1 member appointed by the Chairman of the Banking, Housing, and Urban Affairs Committee of the Senate. ``(ix) 1 member appointed by the Ranking Member of the Banking, Housing, and Urban Affairs Committee of the Senate. ``(B) Each appointing entity shall name its member within 21 days of the date of the enactment of this subsection. ``(C) Any vacancy in the Commission shall be filled in the same manner as the original appointment. ``(5) Activities.-- ``(A) The Chairman of the Financial Services Committee of the House of Representatives shall select one member to serve as the Chairman of the Commission, and such Chairman will call to order the first meeting of the Commission within 10 business days after the date on which all members of the Commission have been appointed. ``(B) The Commission shall meet at least once every 30 days and may meet more frequently at the discretion of the Chairman. ``(C) The Commission shall solicit and consider policy proposals from Members of Congress, the financial sector, academia and other fields as the Commission deems necessary. ``(D) The Commission shall hold at least two public hearings, and may hold more at the discretion of the Chairman. ``(6) Actions by the commission.--A decision of a majority of commissioners present at a meeting of the Commission shall constitute the decision of the Commission where the Commission is given discretion to act, including but not limited to, recommendations to be made in the report described in paragraph 3. ``(7) Staff.--The Chair may hire at his or her discretion up to seven professional staff members. ``(8) Termination.--The Commission shall terminate 30 days after the date on which the Commission submits its report to the President and the Congress under paragraph 3. ``(9) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection.''. Passed the House of Representatives April 1, 2009. Attest: LORRAINE C. MILLER, Clerk.

(Sec. 1) Amends the Emergency Economic Stabilization Act of 2008 (EESA) to prohibit a financial institution that receives or has received a direct capital investment under the Troubled Asset Relief Program (TARP) (or with respect to the Federal National Mortgage Association [Fannie Mae], the Federal Home Loan Mortgage Corporation [Freddie Mac], or a federal home loan bank, under the Housing and Economic Recovery Act of 2008) from making a compensation payment (other than a longevity bonus or a payment in the form of restricted stock) to an executive or employee under a preexisting compensation arrangement, or from entering into a new compensation payment arrangement, while that capital investment remains outstanding, if such compensation: (1) is unreasonable or excessive according to standards established by the Secretary of the Treasury in consultation with the Chairperson of the Congressional Oversight Panel; or (2) includes any bonus or other supplemental payment, whether payable before employment, during employment, or after termination of employment, that is not directly based upon such standards. Declares such prohibition inapplicable to an institution that did business with a recipient of a direct capital investment under the TARP, or under amendments made by the Housing and Economic Recovery Act of 2008. Instructs the Secretary, with the approval of the agencies that are members of the Federal Financial Institutions Examination Council, and in consultation with the Chairperson of the Congressional Oversight Panel, to establish standards governing: (1) unreasonable and excessive compensation; and (2) performance-based measures that a financial institution must apply when determining whether it may provide a bonus or retention payment. Excludes from the meaning of compensation payment under this Act any severance payment paid upon the employee's dismissal by an employer in the ordinary course of business to an employee who has been employed for a minimum of five years, unless such severance payment is greater than the employee's annual salary or $250,000. States that the prohibition against certain compensation not based upon performance standards does not apply to a financial institution that has entered into an agreement with the Secretary to repay the United States all outstanding amounts of any direct capital investment or investments it has received under this Act. Declares, however, that if an institution defaults on such an agreement, the Secretary shall require the institution to surrender to the Treasury the compensation payments that would have been subject to such prohibition. Requires financial institutions subject to this Act to report annually to the Secretary how many officers, directors, and employees received or will receive total compensation over each of five specified thresholds in that fiscal year. Requires such report to distinguish amounts an institution considers to be a bonus and the reason for such distinction. Authorizes the Secretary to exempt community financial institutions from the requirements of this Act. Defines total compensation as all cash payments (including without limitation salary, bonus, and retention payments), all transfers of property, stock options, sales of stock, and all contributions by the company (or its affiliates) for a person's benefit or for the benefit of that person's immediate family members. States that the identity of persons receiving compensation in such amounts shall not be required in such reports. Directs the Secretary to make such reports available on the Internet. Requires a financial institution, while subject to this Act, to issue: (1) a retrospective annual report for 2008; and (2) both a prospective and retrospective annual report for each subsequent calendar year. States that, for a financial institution that has received or receives a direct capital investment under TARP, while such investment remains outstanding, no otherwise prohibited bonus or other supplemental payment may be paid to employees or executives without regard to when the arrangement to pay such a bonus was entered into. (Sec. 2) Establishes the Commission on Executive Compensation to study and report to the President and Congress on the executive compensation system for recipients of a direct capital investment under the TARP. Requires the report's recommendations for executive action and voluntary recipient actions to be accompanied by any separate minority view recommendations that members of the Commission wish to make, but that were not agreed upon by the Commission for the report. Authorizes appropriations.

To amend the executive compensation provisions of the Emergency Economic Stabilization Act of 2008 to prohibit unreasonable and excessive compensation and compensation not based on performance standards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Comparative Effectiveness Act of 2006''. SEC. 2. RESEARCH AND STUDY ON EFFECTIVENESS OF CERTAIN PRESCRIPTION DRUGS. (a) In General.-- (1) Research.--The Director of the Agency for Healthcare Research and Quality, in consultation with the Director of the National Institutes of Health, shall conduct or support research, which may include clinical research, to develop valid scientific evidence regarding comparative clinical effectiveness, outcomes, and appropriateness of prescription drugs, medical devices, and procedures. In conducting or supporting such research, particular consideration shall be given to treatments that involve high volume, high cost, or high risk to patients. (2) Systematic reviews.-- (A) In general.--The Director of the Agency for Healthcare Research and Quality shall conduct or support systematic reviews of existing evidence regarding comparative clinical effectiveness, outcomes, and appropriateness of prescription drugs, medical devices, and procedures. In conducting or supporting such reviews, particular consideration shall be given to treatments that involve high volume, high cost, or high risk to patients. (B) Better clinician and patient information on safety.--Within 12 months of the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Director of the Agency for Healthcare Research and Quality, the Commissioner of Food and Drugs, and the Director of the National Institutes of Health, shall develop a coordinated plan for research on the most appropriate methods for measuring and comparing adverse events associated with pharmaceuticals and other medical and surgical treatments so that clinicians and patients can evaluate the comparative safety as well as the comparative clinical effectiveness of the alternative treatment options. (b) Annual Report.--Each year the Director of the Agency for Healthcare Research and Quality shall prepare a report on the results of the research, studies, and analyses conducted under this section and submit the report to the following: (1) The Congress. (2) The Secretary of Defense. (3) The Secretary of Health and Human Services. (4) The Secretary of Veterans Affairs. (5) The Administrator of the Centers for Medicare & Medicaid Services. (6) The Director of the Indian Health Service. (7) The Director of the National Institutes of Health. (8) The Director of the Office of Personnel Management. (c) Reports for Practitioners.--As soon as possible, but not later than a year after the completion of any systemic review conducted pursuant to subsection (a)(2), the Director of the Agency for Healthcare Research and Quality shall-- (1) prepare a report on the results of such systemic review for the purpose of informing health care practitioners; and (2) identify treatment options for which comparative clinical effectiveness judgments could not be reached due to insufficient evidence and make such identifications available to the Director of the National Institutes of Health and other entities funding research. (d) Information for Patients.--The Director of the Agency for Healthcare Research and Quality shall create a version of each report prepared for practitioners under subsection (c)(1) in a form that is easily understood by the individuals receiving the treatments involved. (e) Availability.--The Director of the Agency for Healthcare Research and Quality-- (1) shall publish on the Agency's Internet site, and through other means that will facilitate access by practitioners, each report prepared under subsection (b), (c), or (d); and (2) make the information in such reports available to the public through easily accessible and searchable electronic mechanisms, and in hard copy formats as appropriate. (f) Accountability.--In carrying out this subsection, the Secretary of Health and Human Services shall implement activities in a manner that makes publicly available all scientific evidence relied upon and the methodologies employed, provided such evidence and method are not protected from public disclosure by section 1905 of title 18, United States Code, or other applicable law, so that the results of the research, analyses, or syntheses involved can be evaluated and replicated. (g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated to the Agency for Healthcare Research and Quality and the National Institutes of Health $100,000,000 for fiscal year 2007 and such sums as may be necessary for fiscal year 2008 and each subsequent fiscal year.

Prescription Drug Comparative Effectiveness Act of 2006 - Requires the Director of the Agency for Healthcare Research and Quality (AHRQ) to conduct or support reviews of existing evidence and research to develop evidence regarding comparative clinical effectiveness, outcomes, and appropriateness of prescription drugs, medical devices, and procedures. Requires the Secretary of Health and Human Services to develop a coordinated plan for research on methods for measuring and comparing adverse events associated with pharmaceuticals and other medical and surgical treatments so that clinicians and patients can evaluate the comparative safety and clinical effectiveness of the alternative treatment options. Provides for information developed from such reviews to be made available to practitioners and patients.

To require the Agency for Healthcare Research and Quality, in consultation with the Director of the National Institutes of Health, to conduct research to develop valid scientific evidence regarding comparative clinical effectiveness, outcomes, and appropriateness of prescription drugs, medical devices, and procedures, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect America Act of 2007''. SEC. 2. ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN ACQUISITIONS OF FOREIGN INTELLIGENCE INFORMATION. The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by inserting after section 105 the following: ``CLARIFICATION OF ELECTRONIC SURVEILLANCE OF PERSONS OUTSIDE THE UNITED STATES ``Sec. 105A. Nothing in the definition of electronic surveillance under section 101(f) shall be construed to encompass surveillance directed at a person reasonably believed to be located outside of the United States. ``ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN ACQUISITIONS CONCERNING PERSONS LOCATED OUTSIDE THE UNITED STATES ``Sec. 105B. (a) Notwithstanding any other law, the Director of National Intelligence and the Attorney General, may for periods of up to one year authorize the acquisition of foreign intelligence information concerning persons reasonably believed to be outside the United States if the Director of National Intelligence and the Attorney General determine, based on the information provided to them, that-- ``(1) there are reasonable procedures in place for determining that the acquisition of foreign intelligence information under this section concerns persons reasonably believed to be located outside the United States, and such procedures will be subject to review of the Court pursuant to section 105C of this Act; ``(2) the acquisition does not constitute electronic surveillance; ``(3) the acquisition involves obtaining the foreign intelligence information from or with the assistance of a communications service provider, custodian, or other person (including any officer, employee, agent, or other specified person of such service provider, custodian, or other person) who has access to communications, either as they are transmitted or while they are stored, or equipment that is being or may be used to transmit or store such communications; ``(4) a significant purpose of the acquisition is to obtain foreign intelligence information; and ``(5) the minimization procedures to be used with respect to such acquisition activity meet the definition of minimization procedures under section 101(h). ``This determination shall be in the form of a written certification, under oath, supported as appropriate by affidavit of appropriate officials in the national security field occupying positions appointed by the President, by and with the consent of the Senate, or the Head of any Agency of the Intelligence Community, unless immediate action by the Government is required and time does not permit the preparation of a certification. In such a case, the determination of the Director of National Intelligence and the Attorney General shall be reduced to a certification as soon as possible but in no event more than 72 hours after the determination is made. ``(b) A certification under subsection (a) is not required to identify the specific facilities, places, premises, or property at which the acquisition of foreign intelligence information will be directed. ``(c) The Attorney General shall transmit as soon as practicable under seal to the court established under section 103(a) a copy of a certification made under subsection (a). Such certification shall be maintained under security measures established by the Chief Justice of the United States and the Attorney General, in consultation with the Director of National Intelligence, and shall remain sealed unless the certification is necessary to determine the legality of the acquisition under section 105B. ``(d) An acquisition under this section may be conducted only in accordance with the certification of the Director of National Intelligence and the Attorney General, or their oral instructions if time does not permit the preparation of a certification, and the minimization procedures adopted by the Attorney General. The Director of National Intelligence and the Attorney General shall assess compliance with such procedures and shall report such assessments to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate under section 108(a). ``(e) With respect to an authorization of an acquisition under section 105B, the Director of National Intelligence and Attorney General may direct a person to-- ``(1) immediately provide the Government with all information, facilities, and assistance necessary to accomplish the acquisition in such a manner as will protect the secrecy of the acquisition and produce a minimum of interference with the services that such person is providing to the target; and ``(2) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the acquisition or the aid furnished that such person wishes to maintain. ``(f) The Government shall compensate, at the prevailing rate, a person for providing information, facilities, or assistance pursuant to subsection (e). ``(g) In the case of a failure to comply with a directive issued pursuant to subsection (e), the Attorney General may invoke the aid of the court established under section 103(a) to compel compliance with the directive. The court shall issue an order requiring the person to comply with the directive if it finds that the directive was issued in accordance with subsection (e) and is otherwise lawful. Failure to obey an order of the court may be punished by the court as contempt of court. Any process under this section may be served in any judicial district in which the person may be found. ``(h)(1)(A) A person receiving a directive issued pursuant to subsection (e) may challenge the legality of that directive by filing a petition with the pool established under section 103(e)(1). ``(B) The presiding judge designated pursuant to section 103(b) shall assign a petition filed under subparagraph (A) to one of the judges serving in the pool established by section 103(e)(1). Not later than 48 hours after the assignment of such petition, the assigned judge shall conduct an initial review of the directive. If the assigned judge determines that the petition is frivolous, the assigned judge shall immediately deny the petition and affirm the directive or any part of the directive that is the subject of the petition. If the assigned judge determines the petition is not frivolous, the assigned judge shall, within 72 hours, consider the petition in accordance with the procedures established under section 103(e)(2) and provide a written statement for the record of the reasons for any determination under this subsection. ``(2) A judge considering a petition to modify or set aside a directive may grant such petition only if the judge finds that such directive does not meet the requirements of this section or is otherwise unlawful. If the judge does not modify or set aside the directive, the judge shall immediately affirm such directive, and order the recipient to comply with such directive. ``(3) Any directive not explicitly modified or set aside under this subsection shall remain in full effect. ``(i) The Government or a person receiving a directive reviewed pursuant to subsection (h) may file a petition with the Court of Review established under section 103(b) for review of the decision issued pursuant to subsection (h) not later than 7 days after the issuance of such decision. Such court of review shall have jurisdiction to consider such petitions and shall provide for the record a written statement of the reasons for its decision. On petition for a writ of certiorari by the Government or any person receiving such directive, the record shall be transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision. ``(j) Judicial proceedings under this section shall be concluded as expeditiously as possible. The record of proceedings, including petitions filed, orders granted, and statements of reasons for decision, shall be maintained under security measures established by the Chief Justice of the United States, in consultation with the Attorney General and the Director of National Intelligence. ``(k) All petitions under this section shall be filed under seal. In any proceedings under this section, the court shall, upon request of the Government, review ex parte and in camera any Government submission, or portions of a submission, which may include classified information. ``(l) Notwithstanding any other law, no cause of action shall lie in any court against any person for providing any information, facilities, or assistance in accordance with a directive under this section. ``(m) A directive made or an order granted under this section shall be retained for a period of not less than 10 years from the date on which such directive or such order is made.''. SEC. 3. SUBMISSION TO COURT REVIEW AND ASSESSMENT OF PROCEDURES. The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by inserting after section 105B the following: ``SUBMISSION TO COURT REVIEW OF PROCEDURES ``Sec. 105C. (a) No later than 120 days after the effective date of this Act, the Attorney General shall submit to the Court established under section 103(a), the procedures by which the Government determines that acquisitions conducted pursuant to section 105B do not constitute electronic surveillance. The procedures submitted pursuant to this section shall be updated and submitted to the Court on an annual basis. ``(b) No later than 180 days after the effective date of this Act, the court established under section 103(a) shall assess the Government's determination under section 105B(a)(1) that those procedures are reasonably designed to ensure that acquisitions conducted pursuant to section 105B do not constitute electronic surveillance. The court's review shall be limited to whether the Government's determination is clearly erroneous. ``(c) If the court concludes that the determination is not clearly erroneous, it shall enter an order approving the continued use of such procedures. If the court concludes that the determination is clearly erroneous, it shall issue an order directing the Government to submit new procedures within 30 days or cease any acquisitions under section 105B that are implicated by the court's order. ``(d) The Government may appeal any order issued under subsection (c) to the court established under section 103(b). If such court determines that the order was properly entered, the court shall immediately provide for the record a written statement of each reason for its decision, and, on petition of the United States for a writ of certiorari, the record shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision. Any acquisitions affected by the order issued under subsection (c) of this section may continue during the pendency of any appeal, the period during which a petition for writ of certiorari may be pending, and any review by the Supreme Court of the United States.''. SEC. 4. REPORTING TO CONGRESS. On a semi-annual basis the Attorney General shall inform the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives, concerning acquisitions under this section during the previous 6-month period. Each report made under this section shall include-- (1) a description of any incidents of non-compliance with a directive issued by the Attorney General and the Director of National Intelligence under section 105B, to include-- (A) incidents of non-compliance by an element of the Intelligence Community with guidelines or procedures established for determining that the acquisition of foreign intelligence authorized by the Attorney General and Director of National Intelligence concerns persons reasonably to be outside the United States; and (B) incidents of noncompliance by a specified person to whom the Attorney General and Director of National Intelligence issue a directive under this section; and (2) the number of certifications and directives issued during the reporting period. SEC. 5. TECHNICAL AMENDMENT AND CONFORMING AMENDMENTS. (a) In General.--Section 103(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(e)) is amended-- (1) in paragraph (1), by striking ``501(f)(1)'' and inserting ``105B(h) or 501(f)(1)''; and (2) in paragraph (2), by striking ``501(f)(1)'' and inserting ``105B(h) or 501(f)(1)''. (b) Table of Contents.--The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by inserting after the item relating to section 105 the following: ``105A. Clarification of electronic surveillance of persons outside the United States. ``105B. Additional procedure for authorizing certain acquisitions concerning persons located outside the United States. ``105C. Submission to court review of procedures.''. SEC. 6. EFFECTIVE DATE; TRANSITION PROCEDURES. (a) Effective Date.--Except as otherwise provided, the amendments made by this Act shall take effect immediately after the date of the enactment of this Act. (b) Transition Procedures.--Notwithstanding any other provision of this Act, any order in effect on the date of enactment of this Act issued pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall remain in effect until the date of expiration of such order, and, at the request of the applicant, the court established under section 103(a) of such Act (50 U.S.C. 1803(a)) shall reauthorize such order as long as the facts and circumstances continue to justify issuance of such order under the provisions of the Foreign Intelligence Surveillance Act of 1978, as in effect on the day before the applicable effective date of this Act. The Government also may file new applications, and the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) shall enter orders granting such applications pursuant to such Act, as long as the application meets the requirements set forth under the provisions of such Act as in effect on the day before the effective date of this Act. At the request of the applicant, the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)), shall extinguish any extant authorization to conduct electronic surveillance or physical search entered pursuant to such Act. Any surveillance conducted pursuant to an order entered under this subsection shall be subject to the provisions of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as in effect on the day before the effective date of this Act. (c) Sunset.--Except as provided in subsection (d), sections 2, 3, 4, and 5 of this Act, and the amendments made by this Act, shall cease to have effect 180 days after the date of the enactment of this Act. (d) Authorizations in Effect.--Authorizations for the acquisition of foreign intelligence information pursuant to the amendments made by this Act, and directives issued pursuant to such authorizations, shall remain in effect until their expiration. Such acquisitions shall be governed by the applicable provisions of such amendments and shall not be deemed to constitute electronic surveillance as that term is defined in section 101(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(f)). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Protect America Act of 2007 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to state that nothing under its definition of "electronic surveillance" shall be construed to encompass surveillance directed at a person reasonably believed to be located outside the United States. Allows the Director of National Intelligence (DNI) and the Attorney General (AG), for periods up to one year, to authorize the acquisition of foreign intelligence information concerning persons outside the United States if the DNI and AG determine that: (1) there are reasonable procedures in place for determining that such acquisition concerns persons outside the United States, and such procedures will be subject to review by the Foreign Intelligence Surveillance Court (Court); (2) the acquisition does not constitute electronic surveillance; (3) the acquisition involves obtaining foreign intelligence information from or with the assistance of a communication service provider or other person who has access to communications; (4) a significant purpose of the acquisition is to obtain foreign intelligence information; and (5) the minimization procedures (procedures to ensure the smallest level of privacy intrusion while obtaining such information) to be used meet the definition of minimization procedures under FISA. Requires such determination to be certified and submitted to the Court. Requires the AG to report to: (1) the Court the procedures by which the government determines that such acquisitions do not constitute electronic surveillance; and (2) the congressional intelligence and judiciary committees semiannually concerning acquisitions made during the previous six-month period. Terminates this Act 180 days after its enactment. Makes authorizations for the acquisition of information made by this Act, and directives issued pursuant to such authorizations, effective until their expiration.

A bill to amend the Foreign Intelligence Surveillance Act of 1978 to provide additional procedures for authorizing certain acquisitions of foreign intelligence information and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Accountability Act of 2016''. SEC. 2. REMOVAL OR DEMOTION OF EMPLOYEES BASED ON PERFORMANCE OR MISCONDUCT. (a) In General.--Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 714. Employees: removal or demotion based on performance or misconduct ``(a) In General.--(1) The Secretary may remove or demote an individual who is an employee of the Department if the Secretary determines the performance or misconduct of the individual warrants such removal or demotion. ``(2) A determination under paragraph (1) that the performance or misconduct of an individual warrants removal or demotion may consist of a determination of any of the following: ``(A) The individual neglected a duty of the position in which the individual was employed. ``(B) The individual engaged in malfeasance. ``(C) The individual failed to accept a directed reassignment or to accompany a position in a transfer of function. ``(D) The individual violated a policy of the Department. ``(E) The individual violated a provision of law. ``(F) The individual engaged in insubordination. ``(G) The individual over prescribed medication. ``(H) The individual contributed to the purposeful omission of the name of one or more veterans waiting for health care from an electronic wait list for a medical facility of the Department. ``(I) The individual was the supervisor of an employee of the Department, or was a supervisor of the supervisor, at any level, who contributed to a purposeful omission as described in subparagraph (H) and knew, or reasonably should have known, that the employee contributed to such purposeful omission. ``(J) Such other performance or misconduct as the Secretary determines warrants the removal or demotion of the individual under paragraph (1). ``(3) If the Secretary removes or demotes an individual as described in paragraph (1), the Secretary may-- ``(A) remove the individual from the civil service (as defined in section 2101 of title 5); or ``(B) demote the individual by means of-- ``(i) a reduction in grade for which the individual is qualified and that the Secretary determines is appropriate; or ``(ii) a reduction in annual rate of pay that the Secretary determines is appropriate. ``(4)(A) The Secretary shall delegate authority under paragraph (1) to each director of a Veterans Integrated Service Network for the removal and demotion of employees of the department in such network. ``(B) The Secretary shall ensure that authority delegated under subparagraph (A) can be exercised without intervening action by the Secretary. ``(b) Pay of Certain Demoted Individuals.--(1) Notwithstanding any other provision of law, any individual subject to a demotion under subsection (a)(3)(B)(i) shall, beginning on the date of such demotion, receive the annual rate of pay applicable to such grade. ``(2) An individual so demoted may not be placed on administrative leave or any other category of paid leave during the period during which an appeal (if any) under this section is ongoing, and may only receive pay if the individual reports for duty. If an individual so demoted does not report for duty, such individual shall not receive pay or other benefits pursuant to subsection (e)(5). ``(c) Notice to Congress.--Not later than 30 days after removing or demoting an individual under subsection (a), the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives notice in writing of such removal or demotion and the reason for such removal or demotion. ``(d) Procedure.--(1) The procedures under section 7513(b) of title 5 and chapter 43 of such title shall not apply to a removal or demotion under this section. ``(2)(A) Subject to subparagraph (B) and subsection (e), any removal or demotion under subsection (a) may be appealed to the Merit Systems Protection Board under section 7701 of title 5. ``(B) An appeal under subparagraph (A) of a removal or demotion may only be made if such appeal is made not later than seven days after the date of such removal or demotion. ``(e) Expedited Review by Administrative Law Judge.--(1) Upon receipt of an appeal under subsection (d)(2)(A), the Merit Systems Protection Board shall refer such appeal to an administrative law judge pursuant to section 7701(b)(1) of title 5. The administrative law judge shall expedite any such appeal under such section and, in any such case, shall issue a decision not later than 45 days after the date of the appeal. ``(2) Notwithstanding any other provision of law, including section 7703 of title 5, the decision of an administrative judge under paragraph (1) shall be final and shall not be subject to any further appeal. ``(3) In any case in which the administrative judge cannot issue a decision in accordance with the 45-day requirement under paragraph (1), the removal or demotion is final. In such a case, the Merit Systems Protection Board shall, within 14 days after the date that such removal or demotion is final, submit to Congress and the Committees on Veterans' Affairs of the Senate and the House of Representatives a report that explains the reasons why a decision was not issued in accordance with such requirement. ``(4) The Merit Systems Protection Board or administrative judge may not stay any removal or demotion under this section. ``(5) During the period beginning on the date on which an individual appeals a removal from the civil service under subsection (d) and ending on the date that the administrative judge issues a final decision on such appeal, such individual may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits. ``(6) To the maximum extent practicable, the Secretary shall provide to the Merit Systems Protection Board, and to any administrative law judge to whom an appeal under this section is referred, such information and assistance as may be necessary to ensure an appeal under this subsection is expedited. ``(f) Whistleblower Protection.--(1) In the case of an individual seeking corrective action (or on behalf of whom corrective action is sought) from the Office of Special Counsel based on an alleged prohibited personnel practice described in section 2302(b) of title 5, the Secretary may not remove or demote such individual under subsection (a) without the approval of the Special Counsel under section 1214(f) of title 5. ``(2) The Office of Special Counsel shall establish-- ``(A) a mechanism to expedite cases for corrective action under paragraph (1); and ``(B) a standard for the approval under paragraph (1) of removal or demotion under subsection (a), which may include a determination as to whether the removal or demotion is a prohibited personnel action. ``(3)(A) Notwithstanding any other provision of law, the Special Counsel may terminate an investigation of a prohibited personnel practice alleged by an individual in connection with a removal or demotion of the individual under subsection (a) only after the Special Counsel provides to the individual a written statement of the reasons for the termination of the investigation. ``(B) The written statement provided to the individual under subparagraph (A) may not be admissible as evidence in any judicial or administrative proceeding without the consent of such individual. ``(g) Relation to Other Provisions of Law.--(1) The authority provided by this section is in addition to the authority provided by subchapter V of chapter 75 of title 5 and chapter 43 of such title. ``(2) Subchapter V of chapter 74 of this title shall not apply to any action under this section. ``(h) Definitions.--In this section: ``(1) The term `individual' means an individual occupying a position at the Department of Veterans Affairs but does not include-- ``(A) an individual, as that term is defined in section 713(g)(1); or ``(B) a political appointee. ``(2) The term `grade' has the meaning given such term in section 7511(a) of title 5. ``(3) The term `misconduct' includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. ``(4) The term `political appointee' means an individual who is-- ``(A) employed in a position described under sections 5312 through 5316 of title 5, (relating to the Executive Schedule); ``(B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5; or ``(C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.''. (b) Clerical and Conforming Amendments.-- (1) Clerical.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``714. Employees: removal or demotion based on performance or misconduct''. (2) Conforming.--Section 4303(f) of title 5, United States Code, is amended-- (A) by striking ``or'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``, or''; and (C) by adding at the end the following: ``(4) any removal or demotion under section 714 of title 38.''. SEC. 3. AUTHORITY TO INVESTIGATE MEDICAL CENTERS. (a) The Director of a Veterans Integrated Service Network of the Department may contract with an appropriate entity specializing in civilian accreditation or health care evaluation to investigate any medical center within such Network to assess and report deficiencies of the facilities at such medical center. SEC. 4. COMPTROLLER GENERAL REPORT ON THE IMPLEMENTATION AND EXECUTION OF THE VETERANS CHOICE PROGRAM. (a) Report.--Not later than March 1, 2017, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the implementation and execution by the Department of Veterans Affairs of the Veterans Choice Program. (b) Elements.--The report required by subsection (a) shall include an assessment of the following: (1) The number of veterans enrolled in and receiving care through the Veterans Choice Program as of the date of submittal of the report, disaggregated by-- (A) State; (B) Veterans Integrated Service Network of the Department; (C) medical center of the Department; and (D) clinic of the Department. (2) The ability of veterans to fully access the Veterans Choice Program so that they do not have to travel more than 40 miles to receive care at a medical facility of the Department. (3) The instances in which veterans have to travel more than 40 miles to receive care. (4) The instances in which veterans have been denied care through the Veterans Choice Program and an analysis of any systematic policies, including at the national, regional, or local level, that have led to such denials of care. (5) The impact of the Veterans Choice Program on reducing wait times for the receipt of care from the Department. (6) The effectiveness of the rules, regulations, and procedures used by the Department to carry out the Veterans Choice Program. (7) The difference in implementation of the Veterans Choice Program-- (A) in each State; (B) at each Veterans Integrated Service Network of the Department; (C) at each medical center of the Department; and (D) at each clinic of the Department. (8) The processing of claims for reimbursement for services provided under the Veterans Choice Program, disaggregated by-- (A) State; (B) Veterans Integrated Service Network of the Department; (C) medical center of the Department; and (D) clinic of the Department. (9) The satisfaction of veterans with the Veterans Choice Program, disaggregated by-- (A) State; (B) Veterans Integrated Service Network of the Department; (C) medical center of the Department; and (D) clinic of the Department. (c) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Veterans' Affairs, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Committee on Veterans' Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (2) Veterans choice program.--The term ``Veterans Choice Program'' means hospital care and medical services furnished under section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note).

Department of Veterans Affairs Accountability Act of 2016 This bill authorizes the Department of Veterans Affairs (VA) to remove or demote a VA employee based on performance or misconduct. A determination that the performance or misconduct warrants removal or demotion may consist of any of the following: neglect of duty; malfeasance; failure to accept a directed reassignment or transfer of function; violation of VA policy; violation of law; insubordination; overprescription of medication; or purposeful omission, including by a supervisor, from an electronic wait list of the name of one or more veterans waiting for VA health care. The VA may also remove such individual from the civil service or demote the individual through a reduction in grade or annual pay rate. A demoted individual: (1) shall be paid at the demoted rate as of the date of demotion, (2) may not be placed on administrative leave or any other category of paid leave while an appeal is ongoing, and (3) may only receive pay and other benefits if the individual reports for duty. The VA shall notify Congress of, and the reason for, any removal or demotion. An employee shall have the right to an appeal before the Merit Systems Protection Board within seven days of removal or demotion. An administrative law judge shall have to make a final decision within 45 days of such appeal or the original decision becomes final. The Board or an administrative judge may not stay any removal or demotion. Between the date on which an individual appeals a removal from the civil service and the date on which the administrative judge issues a final decision on the appeal, the individual may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits. The VA may not remove or demote an employee without the approval of the Special Counsel if the individual seeks corrective action from the Office of Special Counsel based on an alleged prohibited personnel practice. The Special Counsel may terminate an investigation of a prohibited personnel practice alleged by a VA employee or former employee after it has given the individual a written statement of the reasons for the termination. The Director of a Veterans Integrated Service Network may contract with an entity specializing in civilian accreditation or health care evaluation to investigate any medical center within the Network to assess deficiencies at such medical center. The Government Accountability Office shall report to Congress on VA implementation of the Veterans Choice Program.

Department of Veterans Affairs Accountability Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Medical Assistance Act of 2000''. SEC. 2. AUTOMATIC EXTERNAL DEFIBRILLATORS IN AIRPORT TERMINALS. (a) Withdrawal of Notice.--Not later than 30 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall withdraw the notice of decision of the Administration published in the Federal Register on June 6, 2000 (65 Fed. Reg. 35971), relating to automatic external defibrillators at airports. (b) Publication of Regulations.-- (1) In general.--The Administrator shall issue regulations to require automatic external defibrillators in terminals at airports with 100,000 or more annual enplanements. (2) Deadlines.--The Administrator shall issue-- (A) proposed regulations under paragraph (1) not later than 180 days after the date of enactment of this Act; and (B) final regulations under paragraph (1) not later than 1 year after the date of enactment of this Act. SEC. 3. GUIDELINES. (a) Guidelines.--The Administrator of the Federal Aviation Administration shall establish guidelines with respect to the provision and use of automated external defibrillators in terminals at airports. (b) Information.--The guidelines shall contain information concerning the following: (1) The extent to which automated external defibrillators may be operated by lay persons. (2) The number of defibrillators required for airports of different sizes. (3) The appropriate placement of defibrillators at airports, taking into account the security needs of airports and response time for victims. (4) Such other factors as the Administrator determines appropriate. (c) Recommended Procedures.--The guidelines shall contain recommended procedures for the following: (1) Implementing training programs, in coordination with appropriate licensed professionals, on the role of cardiopulmonary resuscitation and the use of automated external defibrillators. (2) Proper maintenance and testing of automated external defibrillators. (3) Ensuring coordination with local emergency medical systems regarding placement, use, and type of automated external defibrillators. (4) Such other areas as the Administrator determines appropriate. (d) Publication.--Not later than 1 year after the date of enactment of this Act, the Administrator shall publish the guidelines in the Federal Register. SEC. 4. GOOD SAMARITAN PROTECTIONS REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL DEFIBRILLATORS AT AIRPORTS. (a) Persons Using AEDs.--Except as provided by subsection (c), any person who uses an automated external defibrillator device on a victim of a perceived medical emergency at an airport is immune from civil liability for any harm resulting from the use of the device. (b) Persons Acquiring AEDs.-- (1) In general.--Except as provided by subsection (c), in addition to a person who uses an automated external defibrillator device on a victim of a perceived medical emergency at an airport, any person who acquired the device is immune from civil liability for any harm resulting from the use of the device, if the harm was not due to the failure of the person who acquired the device-- (A) to notify local emergency response personnel or other appropriate entities of the most recent placement of the device within a reasonable period of time after the device was placed; (B) to properly maintain and test the device; or (C) except as provided by paragraph (2), to provide appropriate training in the use of the device to an employee or agent of the acquirer when the employee or agent was the person who used the device on the victim. (2) Exceptions to training requirements.--The requirement of paragraph (1)(C) shall not apply if-- (A) the employee or agent who used the device was not an employee or agent who would have been reasonably expected to use the device; or (B) the period of time elapsing between the engagement of the person as an employee or agent and the occurrence of the harm (or between the acquisition of the device and the occurrence of the harm, in any case in which the device was acquired after such engagement of the person) was not a reasonably sufficient period in which to provide the training. (c) Inapplicability of Immunity.--Immunity under subsection (a) or (b) does not apply to a person if the harm involved was caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the victim who was harmed. (d) Applicability of State Laws.--With respect to a class of persons for which this section provides immunity from civil liability, this section supersedes the law of a State only to the extent that the State has no law or regulation that provides persons in such class with immunity for civil liability arising from the use by such persons of automated external defibrillator devices in emergency situations (within the meaning of the State law or regulation involved). SEC. 5. ELIGIBILITY FOR AIP FUNDING. Section 47102(3)(B) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of clause (viii); (2) by striking the period at the end of clause (ix) and inserting ``; and'; and (3) by adding at the end the following: ``(x) automatic external defibrillators, as defined in section 6 of the Airport Medical Assistance Act of 2000.''. SEC. 6. DEFINITIONS. In this Act, the following definitions apply: (1) Airport.--The term ``airport'' has the meaning given such term in section 40102 of title 49, United States Code. (2) Automated external defibrillator.--The term ``automated external defibrillator'' means a defibrillator that-- (A) is commercially distributed in accordance with the Federal Food, Drug, and Cosmetic Act; (B) is capable of recognizing the presence or absence of ventricular fibrillation, and is capable of determining without intervention by the user of the defibrillator whether defibrillation should be performed; (C) upon determining that defibrillation should be performed, is able to deliver an electrical shock to an individual; and (D) in the case of a defibrillator that may be operated in either an automated or a manual mode, is set to operate in the automated mode. (3) Perceived medical emergency.--The term ``perceived medical emergency'' means circumstances in which the behavior of an individual leads a reasonable person to believe that the individual is experiencing a life-threatening medical condition that requires an immediate medical response regarding the heart or other cardiopulmonary functioning of the individual. (4) Person.--The term ``person'' includes a governmental entity.

Grants immunity from civil liability (except for harm caused by willful or criminal misconduct or gross negligence) to any person who uses an automated external defibrillator device on a victim of a perceived medical emergency at an airport.

Airport Medical Assistance Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Success in Countering Al Qaeda Reporting Requirements Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Al Qaeda and its related affiliates attacked the United States on September 11, 2001 in New York, New York, Arlington, Virginia, and Shanksville, Pennsylvania, murdering almost 3000 innocent civilians. (2) Osama bin Laden and his deputy Ayman al-Zawahiri remain at large. (3) In testimony to the Select Committee on Intelligence of the Senate on February 5, 2008, Director of National Intelligence J. Michael McConnell stated, ``Al-Qa'ida has been able to retain a safehaven in Pakistan's Federally Administered Tribal Areas (FATA) that provides the organization many of the advantages it once derived from its base across the border in Afghanistan''. (4) The July 2007 National Intelligence Estimate states, ``Al Qaeda is and will remain the most serious terrorist threat to the Homeland''. (5) In testimony to the Permanent Select Committee on Intelligence of the House of Representatives on February 7, 2008, Director of National Intelligence Michael McConnell stated, ``Al-Qa'ida and its terrorist affiliates continue to pose significant threats to the United States at home and abroad, and al-Qa'ida's central leadership based in the border area of Pakistan is its most dangerous component.''. (6) The ``National Strategy for Combating Terrorism'', issued in September 2006, affirmed that long-term efforts are needed to win the battle of ideas against the root causes of the violent extremist ideology that sustains Al Qaeda and its affiliates. The United States has obligated resources to support democratic reforms and human development to undercut support for violent extremism, including in the Federally Administered Tribal Areas in Pakistan and the Sahel region of Africa. However, 2 reports released by the Government Accountability Office in 2008 (``Combating Terrorism: The United States Lacks Comprehensive Plan to Destroy the Terrorist Threat and Close the Safe Haven in Pakistan's Federally Administered Tribal Areas'' (GAO-08-622, April 17, 2008) and ``Combating Terrorism: Actions Needed to Enhance Implementation of Trans-Sahara Counterterrorism Partnership'' (GAO-08-860, July 31, 2008)) found that ``no comprehensive plan for meeting U.S. national security goals in the FATA have been developed,'' and ``no comprehensive integrated strategy has been developed to guide the [Sahel] program's implementation''. (7) Such efforts to combat violent extremism and radicalism must be undertaken using all elements of national power, including military tools, intelligence assets, law enforcement resources, diplomacy, paramilitary activities, financial measures, development assistance, strategic communications, and public diplomacy. (8) In the report entitled ``Suggested Areas for Oversight for the 110th Congress'' (GAO-08-235R, November 17, 2006), the Government Accountability Office urged greater congressional oversight in assessing the effectiveness and coordination of United States international programs focused on combating and preventing the growth of terrorism and its underlying causes. (9) Section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(a)) requires that the Secretary of State submit annual reports to Congress that detail key developments on terrorism on a country-by- country basis. These Country Reports on Terrorism provide information on acts of terrorism in countries, major developments in bilateral and multilateral counterterrorism cooperation, and the extent of State support for terrorist groups responsible for the death, kidnaping, or injury of Americans, but do not assess the scope and efficacy of United States counterterrorism efforts against Al Qaeda and its related affiliates. (10) The Executive Branch submits regular reports to Congress that detail the status of United States combat operations in Iraq and Afghanistan, including a breakdown of budgetary allocations, key milestones achieved, and measures of political, economic, and military progress. (11) The Department of Defense compiles a report of the monthly and cumulative incremental obligations incurred to support the Global War on Terrorism in a monthly Supplemental and Cost of War Execution Report. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) 7 years after the attacks on September 11, 2001, Al Qaeda and its related affiliates remain the most serious national security threat to the United States, with alarming signs that Al Qaeda and its related affiliates recently reconstituted their strength and ability to generate new attacks throughout the world, including against the United States; (2) there remains insufficient information on current counterterrorism efforts undertaken by the Federal Government and the level of success achieved by specific initiatives; (3) Congress and the American people can benefit from more specific data and metrics that can provide the basis for objective external assessments of the progress being made in the overall war being waged against violent extremism; (4) the absence of a comparable timely assessment of the ongoing status and progress of United States counterterrorism efforts against Al Qaeda and its related affiliates in the overall Global War on Terrorism hampers the ability of Congress and the American people to independently determine whether the United States is making significant progress in this defining struggle of our time; and (5) the Executive Branch should submit a comprehensive report to Congress, updated on an annual basis, which provides a more strategic perspective regarding-- (A) the United States' highest global counterterrorism priorities; (B) the United States' efforts to combat and defeat Al Qaeda and its related affiliates; (C) the United States' efforts to undercut long- term support for the violent extremism that sustains Al Qaeda and its related affiliates; (D) the progress made by the United States as a result of such efforts; (E) the efficacy and efficiency of the United States resource allocations; and (F) whether the existing activities and operations of the United States are actually diminishing the national security threat posed by Al Qaeda and its related affiliates. SEC. 4. ANNUAL COUNTERTERRORISM STATUS REPORTS. (a) In General.--Not later than July 31, 2009, and every July 31 thereafter, the President shall submit a report, to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Armed Services of the Senate, the Committee on Armed Services of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives, which contains, for the most recent 12-month period, a review of the counterterrorism strategy of the United States Government, including-- (1) a detailed assessment of the scope, status, and progress of United States counterterrorism efforts in fighting Al Qaeda and its related affiliates and undermining long-term support for violent extremism; (2) a judgment on the geographical region in which Al Qaeda and its related affiliates pose the greatest threat to the national security of the United States; (3) an evaluation of the extent to which the counterterrorism efforts of the United States correspond to the plans developed by the National Counterterrorism Center and the goals established in overarching public statements of strategy issued by the executive branch; (4) a description of the efforts of the United States Government to combat Al Qaeda and its related affiliates and undermine violent extremist ideology, which shall include-- (A) a specific list of the President's highest global counterterrorism priorities; (B) the degree of success achieved by the United States, and remaining areas for progress, in meeting the priorities described in subparagraph (A); and (C) efforts in those countries in which the President determines that-- (i) Al Qaeda and its related affiliates have a presence; or (ii) acts of international terrorism have been perpetrated by Al Qaeda and its related affiliates; (5) the specific status and achievements of United States counterterrorism efforts, through military, financial, political, intelligence, and paramilitary elements, relating to-- (A) bilateral security and training programs; (B) law enforcement and border security; (C) the disruption of terrorist networks; and (D) the denial of terrorist safe havens and sanctuaries; (6) a description of United States Government activities to counter terrorist recruitment and radicalization, including-- (A) strategic communications; (B) public diplomacy; (C) support for economic development and political reform; and (D) other efforts aimed at influencing public opinion; (7) United States Government initiatives to eliminate direct and indirect international financial support for the activities of terrorist groups; (8) a cross-cutting analysis of the budgets of all Federal Government agencies as they relate to counterterrorism funding to battle Al Qaeda and its related affiliates abroad, including-- (A) the source of such funds; and (B) the allocation and use of such funds; (9) an analysis of the extent to which specific Federal appropriations-- (A) have produced tangible, calculable results in efforts to combat and defeat Al Qaeda, its related affiliates, and its violent ideology; or (B) contribute to investments that have expected payoffs in the medium- to long-term; (10) statistical assessments, including those developed by the National Counterterrorism Center, on the number of individuals belonging to Al Qaeda and its related affiliates that have been killed, injured, or taken into custody as a result of United States counterterrorism efforts; and (11) a concise summary of the methods used by National Counterterrorism Center and other elements of the United States Government to assess and evaluate progress in its overall counterterrorism efforts, including the use of specific measures, metrics, and indices. (b) Interagency Cooperation.--In preparing a report under this section, the President shall include relevant information maintained by-- (1) the National Counterterrorism Center and the National Counterproliferation Center; (2) Department of Justice, including the Federal Bureau of Investigation; (3) the Department of State; (4) the Department of Defense; (5) the Department of Homeland Security; (6) the Department of the Treasury; (7) the Office of the Director of National Intelligence, (8) the Central Intelligence Agency; (9) the Office of Management and Budget; (10) the United States Agency for International Development; and (11) any other Federal department that maintains relevant information. (c) Report Classification.--Each report required under this section shall be-- (1) submitted in an unclassified form, to the maximum extent practicable; and (2) accompanied by a classified appendix, as appropriate.

Success in Countering Al Qaeda Reporting Requirements Act of 2008 - Directs the President to submit annual counterterrorism reports to the appropriate congressional committees, including an assessment of U.S. counterterrorism efforts in fighting Al Qaeda and its related affiliates.

A bill to provide for an annual comprehensive report on the status of United States efforts and the level of progress achieved to counter and defeat Al Qaeda and its related affiliates and undermine long-term support for the violent extremism that helps sustain Al Qaeda's recruitment efforts, as carried out under a broad counterterrorism strategy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemember Mental Health Review Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since September 11, 2001, approximately 30,000 veterans have been separated from the Armed Forces on the basis of a personality disorder or adjustment disorder. (2) Nearly all veterans who are separated on the basis of a personality or adjustment disorder are prohibited from accessing service-connected disability compensation, disability severance pay, and disability retirement pay. (3) Many veterans who are separated on the basis of a personality or adjustment disorder are unable to find employment because of the ``personality disorder'' or ``adjustment disorder'' label on their Certificate of Release or Discharge from Active Duty. (4) The Government Accountability Office has found that the regulatory compliance of the Department of Defense in separating members of the Armed Forces on the basis of a personality or adjustment disorder was as low as 40 percent between 2001 and 2007. (5) Expansion of the authority of the Physical Disability Board of Review to include review of the separation of members of the Armed Forces on the basis of a mental condition not amounting to disability, including separation on the basis of a personality or adjustment disorder, is warranted in order to ensure that any veteran wrongly separated on such basis will have the ability to access disability benefits and employment opportunities available to veterans. SEC. 3. REVIEW BY PHYSICAL DISABILITY BOARD OF REVIEW OF MILITARY SEPARATION ON BASIS OF A MENTAL CONDITION NOT AMOUNTING TO DISABILITY. (a) Members Entitled to Review by Physical Disability Board of Review.--Section 1554a of title 10, United States Code, is amended-- (1) in subsection (a)(1), by striking ``disability determinations of covered individuals by Physical Evaluation Boards'' and inserting ``disability and separation determinations regarding certain members and former members of the armed forces described in subsection (b)''; and (2) by striking subsection (b) and inserting the following new subsection: ``(b) Covered Individuals.--For purposes of this section, covered individuals are members and former members of the armed forces who-- ``(1) during the period beginning on September 11, 2001, and ending on December 31, 2014, are separated from the armed forces due to unfitness for duty because of a medical condition with a disability rating of 20 percent disabled or less and are found to be not eligible for retirement; or ``(2) before December 31, 2014, are separated from the armed forces due of unfitness for duty because of a mental condition not amounting to disability, including separation on the basis of a personality disorder or adjustment disorder.''. (b) Nature and Scope of Review.--Such section is further amended-- (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (2) by inserting after subsection (c) the following new subsection (d): ``(d) Review of Separations Due to Unfitness for Duty Because of a Mental Condition Not Amounting to Disability.--(1) Upon the request of a covered individual described in paragraph (2) of subsection (b), or a surviving spouse, next of kin, or legal representative of a covered individual described in such paragraph, the Physical Disability Board of Review shall review the findings and decisions of the Physical Evaluation Board with respect to such covered individual. In addition, the Physical Disability Board of Review may review, upon its own motion, the findings and decisions of the Physical Evaluation Board with respect to a covered individual described in such paragraph. ``(2) Whenever a review is conducted under paragraph (1), the members of the Physical Disability Board of Review shall include at least one licensed psychologist and one licensed psychiatrist who has not had any fiduciary responsibility to the Department of Defense since December 31, 2001. ``(3) In conducting the review under paragraph (1), the Physical Disability Board of Review shall consider-- ``(A) the findings of the psychologist or psychiatrist of the Department of Defense who diagnosed the mental condition; ``(B) the findings and decisions of the separation authority with respect to the covered individual; and ``(C) whether the separation authority correctly followed the process for separation as set forth in law, including Department of Defense regulations, directives, and policies. ``(4) The review by the Physical Disability Board of Review under paragraph (1) shall be based on the records of the Department of Defense and the Department of Veterans Affairs and such other evidence as may be presented to the Board. The Board shall consider any and all evidence to be considered, including private mental health records submitted by the covered individual in support of the claim. ``(5) If the Physical Disability Board of Review proposes, upon its own motion, to conduct a review under paragraph (1) with respect to a covered individual, the Board shall notify the covered individual, or a surviving spouse, next of kin, or legal representative of the covered individual, of the proposed review and obtain the consent of the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual before proceeding with the review. ``(6) After the Physical Disability Board of Review has completed the review under this subsection with respect to the separation of a covered individual, the Board shall provide the claimant with a statement of reasons concerning the Board's decision. The covered individual has the right to raise with the Board a motion for reconsideration if-- ``(A) new evidence can be presented that would address the issues raised in the Board's statement of reasons; or ``(B) the Board has made a plain error in making its recommendation.''. (c) Correction of Military Records.--Subsection (f) of such section, as redesignated by subsection (b)(1), is amended to read as follows: ``(f) Correction of Military Records.--(1) The Secretary of the military department concerned shall correct the military records of a covered individual in accordance with the recommendation made by the Physical Disability Board of Review under subsection (e) unless the Secretary determines that the Board has made a clearly erroneous recommendation. Any such correction shall be made effective as of the date of the separation of the covered individual. ``(2) In the case of a covered individual previously separated with a lump-sum or other payment of back pay and allowances at separation, the amount of pay or other monetary benefits to which such individual would be entitled based on the individual's military record as corrected shall be adjusted to take into account receipt of such lump- sum or other payment in such manner as the Secretary of the military department concerned considers appropriate. ``(3) If the Physical Disability Board of Review makes a recommendation not to correct the military records of a covered individual, the action taken on the report of the Physical Evaluation Board to which such recommendation relates shall be treated as final as of the date of such action.''. (d) Conforming Amendments.--Such section is further amended-- (1) in subsection (c)-- (A) by inserting after ``Review'' the following: ``of Separations Due to Unfitness for Duty Because of Medical Condition With a Low Disability Rating''; and (B) in paragraph (1)-- (i) by inserting ``described in paragraph (1) of subsection (b)'' after ``a covered individual'' the first place it appears; (ii) by inserting ``described in such paragraph'' after ``a covered individual'' the second place it appears; and (iii) by striking the second sentence and inserting the following new sentence: ``In addition, the Physical Disability Board of Review may review, upon its own motion, the findings and decisions of the Physical Evaluation Board with respect to a covered individual described in such paragraph.''; and (2) in subsection (e), as redesignated by subsection (b)(1), by striking ``under subsection (c)'' and inserting ``conducted under subsection (c) or (d)''. (e) Notification of New Availability of Review.-- (1) Notification requirement.--In the case of individuals described in subsection (b)(2) of section 1554a of title 10, United States Code, as amended by subsection (a), who have been separated from the Armed Forces during the period beginning on September 11, 2001, and ending on the date of the enactment of this Act or who are separated after that date, the Secretary of Defense shall ensure, to the greatest extent practicable, that such individuals receive oral and written notification of their right to a review of their separation from the Armed Forces under such section 1554a. (2) Compliance.--The Secretary of the military department with jurisdiction over the Armed Force in which the individual served immediately before separation shall be responsible for providing to the individual the notification required by paragraph (1). The Secretary of Defense shall monitor compliance with this notification requirement and promptly notify Congress of any failures to comply. (3) Legal counsel.--The notification required by paragraph (1) shall-- (A) inform the individual of the right to obtain legal or non-legal counsel to represent the individual before the Physical Disability Board of Review; and (B) include a list of organizations that may provide such counsel at no cost to the individual. (f) Clerical Amendments.-- (1) Section heading.--The heading of such section is amended to read as follows: ``Sec. 1554a. Physical Disability Board of Review: review of separations with disability rating of 20 percent or less and separations on basis of mental condition not amounting to disability''. (2) Table of sections.--The table of sections at the beginning of chapter 79 of such title is amended by striking the item relating to section 1554a and inserting the following new item: ``1554a. Physical Disability Board of Review: review of separations with disability rating of 20 percent or less and separations on basis of mental condition not amounting to disability.''.

Servicemember Mental Health Review Act - Extends through 2014 (under current law, through 2009) the authority of the Physical Disability Board of Review (Board) to review the disability determinations of individuals who, since September 11, 2001, are separated from the Armed Forces due to unfitness for duty because of a mental condition with a disability rating of 20% or less and are found to be ineligible for retirement. Adds to those eligible for such review individuals who, before December 31, 2014, are separated due to unfitness because of a mental condition not amounting to disability, including separation based on a personality or adjustment disorder. Requires the Board to: (1) review, upon request, the findings and decisions of the appropriate physical evaluation board with respect to such latter individuals; and (2) include as Board members at least one licensed psychologist and one licensed psychiatrist who have had no fiduciary relationship to the Department of Defense (DOD) since December 31, 2001. Allows the Board to review disability determinations of non-requesting individuals, after obtaining their consent. Requires the Secretary of the military department concerned to correct the military records of individuals in accordance with Board recommendations, unless such Secretary finds that the Board has made a clearly erroneous recommendation. Requires the Secretary of Defense to ensure that eligible individuals receive notification of their right to a separation review by the Board, including the right to obtain counsel.

Servicemember Mental Health Review Act

SECTION 1. SIMPLIFICATION OF EARNED INCOME CREDIT. (a) General Rule.--Section 32 of the Internal Revenue Code of 1986 (relating to earned income credit) is amended by striking subsections (a) and (b) and inserting the following: ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the credit percentage of so much of the taxpayer's earned income for the taxable year as does not exceed $5,714. ``(2) Limitation.--The amount of the credit allowable to a taxpayer under paragraph (1) for any taxable year shall not exceed the excess (if any) of-- ``(A) the credit percentage of $5,714, over ``(B) the phaseout percentage of so much of the adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year as exceeds $9,000. ``(b) Percentages.--For purposes of subsection (a)-- ``(1) In general.--Except as otherwise provided in this subsection-- ``In the case of an The phaseout eligible individual with: The credit percentage is: percentage is: 1 qualifying child......... 23.0...................... 16.43 2 qualifying children...... 29.0...................... 20.71 3 or more qualifying 23.56 children.................. 33.01..................... ``(2) Transitional percentages.--In the case of a taxable year beginning in 1993: ``In the case of an The phaseout eligible individual with: The credit percentage is: percentage is: 1 qualifying child......... 18.5...................... 13.21 2 qualifying children...... 23.5...................... 16.78 3 or more qualifying children.................. 28.5...................... 20.35'' (b) Conforming Amendments.-- (1) Paragraph (2) of section 32(f) is amended by striking ``subsection (b)'' each place it appears and inserting ``subsection (a)(2)''. (2) Subparagraph (B) of section 32(i)(2) is amended-- (A) by striking ``subsection (b)(1)'' in clause (i) and inserting ``subsection (a)'', and (B) by striking ``subsection (b)(1)(B)(ii)'' in clause (ii) and inserting ``subsection (a)(2)''. (3) Paragraph (3) of section 162(l) is amended to read as follows: ``(3) Coordination with medical deduction.--Any amount paid by a taxpayer for insurance to which paragraph (1) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a).'' (4) Section 213 is amended by striking subsection (f). (5) Subparagraph (B) of section 3507(c)(2) is amended by striking clauses (i) and (ii) and inserting the following: ``(i) of not more than the percentage (in effect under section 32(a)(1) for an eligible individual with 1 qualifying child) of earned income not in excess of the amount of earned income taken into account under section 32(a)(1), which ``(ii) phases out between the amount of earned income at which the phaseout begins under subsection (a)(2) of section 32 and the amount of earned income at which the credit under section 32 is phased out under such subsection for an individual with 1 qualifying child, or''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992. SEC. 2. REQUIRED EXPLANATION OF ADVANCE PAYMENT PROVISIONS. (a) General Rule.--Section 3507 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subsection: ``(f) Required Explanation of Advance Payment Provisions.--The Secretary shall include with any refund of an overpayment of tax made to an individual eligible for the credit provided by section 32-- ``(1) an explanation of the provisions of this section, and ``(2) a copy of the form to be used in furnishing an earned income eligibility certificate to the individual's employer.'' (b) Effective Date.--The amendment made by subsection (a) shall take effect on December 31, 1993.

Amends the Internal Revenue Code to allow as an earned income credit an amount equal to the credit percentage of so much of the taxpayer's income for the taxable year as does not exceed $5,714, subject to a phaseout of the current percentage limits. Eliminates the consideration of the health insurance credit for self-employed individuals as part of the computation of the earned income credit. Makes such changes effective beginning with taxable years after 1992. Directs the Secretary of the Treasury to include certain information to the taxpayer as part of a refund of an overpayment of the earned income credit.

To amend the Internal Revenue Code to simplify the earned income credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``TANF Economic and Financial Education Promotion Act of 2006''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Most recipients of assistance under the Temporary Assistance for Needy Families (TANF) Program established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) and individuals moving toward self-sufficiency operate outside the financial mainstream, paying high costs to handle their finances and saving little for emergencies or the future. (2) Personal debt levels and bankruptcy filing rates are high and savings rates are at their lowest levels in 70 years. In 2005, the savings rate was negative. The inability of many households to budget, save, and invest prevents them from laying the foundation for a secure financial future. (3) Financial planning can help families meet near-term obligations and maximize their longer-term well being, especially valuable for populations that have traditionally been underserved by our financial system. (4) Economic and financial education can give individuals the necessary financial tools to create household budgets, initiate savings plans, and acquire assets. (5) Economic and financial education can prevent vulnerable customers from becoming entangled in financially devastating credit arrangements. (6) Economic and financial education that addresses abusive lending practices targeted at specific neighborhoods or vulnerable segments of the population can prevent unaffordable payments, equity stripping, and foreclosure. (7) Economic and financial education speaks to the broader purpose of the TANF Program to equip individuals with the tools to succeed and support themselves and their families in self- sufficiency. (b) Purposes.--The purposes of this Act are the following: (1) To promote economic and financial literacy among individuals receiving assistance under Temporary Assistance for Needy Families programs funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) by permitting States to include economic and financial literacy education that is provided directly to individuals as a work activity under such programs. (2) To provide individuals receiving assistance under Temporary Assistance for Needy Families programs funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) with the skills and knowledge needed to effectively address personal financial matters and to make financial choices that will lead such individuals toward becoming financially self-sufficient. SEC. 3. REQUIREMENT TO PROMOTE ECONOMIC AND FINANCIAL EDUCATION UNDER TANF. (a) State Plan Requirement.--Section 402(a)(1)(A) of the Social Security Act (42 U.S.C. 602(a)(1)(A)) is amended by adding at the end the following new clause: ``(vii) Establish goals and take action to promote economic and financial education in accordance with a program established under section 404(l) among parents and caretakers receiving assistance under the program through collaboration with community-based organizations, financial institutions, business entities, the Financial Literacy and Education Commission established under section 513 of the Fair and Accurate Credit Transactions Act of 2003 (20 U.S.C. 9702) and departments and agencies that are members of such Commission, including the Department of Agriculture, the Securities and Exchange Commission, and the Board of Governors of the Federal Reserve System.''. (b) Program Requirements.--Section 404 of the Social Security Act (42 U.S.C. 604) is amended by adding at the end the following new subsection: ``(l) Economic and Financial Education.-- ``(1) In general.--Subject to the succeeding paragraphs of this subsection, a State to which a grant is made under section 403-- ``(A) shall use the grant or State funds that are qualified State expenditures (as defined in section 409(a)(7)(B)(i)) to establish a program to provide economic and financial education directly for parents and caretakers receiving assistance under the State program funded under this part; and ``(B) may count a parent's or caretaker's hours of participation in such program as being engaged in work for purposes of determining monthly participation rates under section 407(b)(1)(B)(i). ``(2) Requirements.--A State shall ensure that the economic and financial literacy activities conducted under the program established under this subsection-- ``(A) are accessible to the target population through curriculum geared to the general literacy level of the participants; ``(B) provide relevant and practical information to participants; ``(C) include a direct delivery component; and ``(D) to the extent practicable, are conducted in conjunction with an asset building program conducted in the State. ``(3) Collaboration with nongovernmental or nonprofit organizations encouraged.--In carrying out economic and financial education activities under a program established under this subsection, a State is encouraged to collaborate with nongovernmental or nonprofit organizations with a proven record of educating the public, especially at-risk populations, regarding economic and financial literacy. ``(4) Evaluation.--A State shall conduct an evaluation of the economic and financial literacy program established under this subsection not less than once every 3 years for the purpose of-- ``(A) monitoring the number of parents and caretakers served under the program; ``(B) improving program administration; ``(C) facilitating replication and expansion of best practices; ``(D) assessing behavioral changes of participants; and ``(E) assessing asset accumulation of participants. ``(5) Definition of economic and financial education.--In this subsection, the term `economic and financial education' means education that-- ``(A) promotes an understanding of consumer, economic, and personal finance concepts, including basic economic concepts such as supply and demand and opportunity cost, as well as basic financial literacy concepts such as budgeting and money management, saving, retirement planning, maintaining good credit, and the avoidance of predatory lending and financial abuse schemes; and ``(B) is based on recognized standards for economic and financial education.''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section take effect on October 1, 2006. (2) Exception.--In the case of a State plan under part A of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the effective date of the amendments imposing the additional requirements shall be 3 months after the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.

TANF Economic and Financial Education Promotion Act of 2006 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require a state to use TANF grant funds to establish a program to provide economic and financial education directly for parents and caretakers receiving TANF. Allows a parent's or caretaker's hours of participation in such a program to count as a required work activity.

A bill to amend part A of title IV of the Social Security Act to require a State to promote economic and financial education under the Temporary Assistance for Needy Families (TANF) Program and to allow economic and financial education to count as work activity under that program.

SECTION 1. REPEAL OF WITHHOLDING AND REPORTING WITH RESPECT TO CERTAIN FOREIGN ACCOUNTS. (a) In General.--The Internal Revenue Code of 1986 is amended by striking chapter 4. (b) Conforming Amendments for Rules for Electronically Filed Returns.--Section 6011(e)(4) of such Code is amended-- (1) by inserting ``, as in effect on January 1, 2017'' after ``(as defined in section 1471(d)(5)'', and (2) by striking ``or 1474(a)''. (c) Conforming Amendment Related to Substitute Dividends.--Section 871(m) of such Code is amended by striking ``chapters 3 and 4'' both places it appears and inserting ``chapter 3''. (d) Other Conforming Amendments.-- (1) Section 6414 of such Code is amended by striking ``or 4''. (2) Paragraph (1) of section 6501(b) of such Code is amended by striking ``4,''. (3) Paragraph (2) of section 6501(b) of such Code is amended-- (A) by striking ``4,'', and (B) by striking ``and witholding taxes'' in the heading and inserting ``taxes and tax imposed by chapter 3''. (4) Paragraph (3) of section 6513(b) of such Code is amended-- (A) by striking ``or 4'', and (B) by striking ``or 1474(b)''. (5) Section 6513(c) of such Code is amended by striking ``4,''. (6) Section 6611(e)(4) of the Internal Revenue Code of 1986 is amended by striking ``or 4''. (7) Paragraph (1) of section 6724(d) of such Code is amended by striking ``under chapter 4 or''. (8) Paragraph (2) of section 6724(d) of such Code is amended by striking ``or 4''. (e) Effective Date.--The amendments made by this section shall apply to payments made after the date of the enactment of this Act. SEC. 2. REPEAL OF INFORMATION REPORTING WITH RESPECT TO FOREIGN FINANCIAL ASSETS. (a) In General.--Subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by striking section 6038D. (b) Repeal of Modification of Statute of Limitations for Significant Omission of Income in Connection With Foreign Assets.-- (1) Paragraph (1) of section 6501(e) of the Internal Revenue Code of 1986 is amended by striking subparagraph (A) and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. (2) Subparagraph (A) of section 6501(e) of such Code, as redesignated by paragraph (1), is amended by striking all that precedes clause (i) and inserting the following: ``(A) General rule.--If the taxpayer omits from gross income an amount properly included therein which is in excess of 25 percent of the amount of gross income stated in the return, the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed. For purposes of this subparagraph--''. (3) Paragraph (2) of section 6229(c) of such Code is amended by striking ``and such amount is described in clause (i) or (ii) of section 6501(e)(1)(A)'' and inserting ``which is in excess of 25 percent of the amount of gross income stated in its return''. (4) Paragraph (8) of section 6501(c) is amended-- (A) by striking ``pursuant to an election under section 1295(b) or'', (B) by striking ``1298(f)'', and (C) by striking ``6038D,''. (c) Clerical Amendment.--The table of sections for subpart A of part III of subchapter A of chapter 61 of such Code is amended by striking the item related to section 6038D. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (2) Returns.--The amendments made by subsection (b) shall apply to returns filed after the date of the enactment of this Act. SEC. 3. REPEAL OF PENALTIES FOR UNDERPAYMENTS ATTRIBUTABLE TO UNDISCLOSED FOREIGN FINANCIAL ASSETS. (a) In General.--Section 6662 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by striking paragraph (7) and redesignating paragraph (8) as paragraph (7), and (2) by striking subsection (j) and redesignating subsection (k) as subsection (j). (b) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. REPEAL OF REPORTING OF ACTIVITIES WITH RESPECT TO PASSIVE FOREIGN INVESTMENT COMPANIES. (a) In General.--Section 1298 of the Internal Revenue Code of 1986 is amended by striking subsection (f) and by redesignating subsection (g) as subsection (f). (b) Conforming Amendment.--Section 1291(e) of such Code is amended by striking ``and (d)'' and inserting ``, (d), and (f)''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 5. REPEAL OF REPORTING REQUIREMENT FOR UNITED STATES OWNERS OF FOREIGN TRUSTS. (a) In General.--Paragraph (1) of section 6048(b) is amended by striking ``shall submit such information as the Secretary may prescribe with respect to such trust for such year and''. (b) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 6. REPEAL OF MINIMUM PENALTY WITH RESPECT TO FAILURE TO REPORT ON CERTAIN FOREIGN TRUSTS. (a) In General.--Section 6677(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``the greater of $10,000 or'', and (2) by striking the last sentence and inserting the following: ``In no event shall the penalty under this subsection with respect to any failure exceed the gross reportable amount.''. (b) Effective Date.--The amendments made by this section shall apply to notices and returns required to be filed after the date of the enactment of this Act.

This bill amends the Internal Revenue Code, with respect to tax administration requirements for foreign-source income and assets, to repeal: (1) withholding requirements for payments to foreign financial institutions and other foreign entities, (2) information reporting for foreign financial assets, (3) penalties for underpayments of tax attributable to undisclosed foreign financial assets, (4) reporting requirements for shareholders of a passive foreign investment company and U.S. owners of foreign trusts, and (5) the additional penalty for failure to file required notices and information returns for certain foreign trusts.

A bill to repeal the violation of sovereign nations' laws and privacy matters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Educational Opportunities Enhancement Act of 2001''. SEC. 2. PERMITTING AN ELECTION TO REDUCE BASIC PAY OVER A PERIOD OF TWO YEARS. (a) In General.--The first sentence of sections 3011(b) and 3012(c) of title 38, United States Code, are each amended by striking ``$100 for each of the first 12 months'' and inserting ``$50 for each of the first 24 months''. (b) Effective Date.--The amendments made by subsection (a) shall apply to individuals who first become a member of the Armed Forces or first enter on active duty as a member of the Armed Forces on or after the date that is 90 days after the date of the enactment of this Act. SEC. 3. PERMITTING WITHDRAWAL OF ELECTION NOT TO ENROLL UNDER THE MONTGOMERY GI BILL. (a) In General.--Chapter 30 of title 38, United States Code, is amended by inserting after section 3018C the following new sections: ``Sec. 3018D. Opportunity for active-duty personnel to withdraw election not to enroll ``(a) Notwithstanding any other provision of this chapter, each qualified individual (described in subsection (b)) may withdraw an election made under section 3011(c)(1) or 3012(d)(1) of this title not to receive educational assistance under this chapter during an open period (described in subsection (c)). The qualified individual shall withdraw such election in accordance with this section and on such form as the Secretary of Defense shall prescribe for such purpose. ``(b) A qualified individual referred to in subsection (a) is an individual who meets each of the following requirements: ``(1) The individual first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces on or after the date of the enactment of this section. ``(2) The individual continues to serve, without a break in service, the period of service which, at the beginning of the open period, such individual was obligated to serve. ``(3) The individual-- ``(A) serves the obligated period of service described in paragraph (2); ``(B) before completing such obligated period of service, is discharged or released from active duty for (i) a service-connected disability, (ii) a medical condition which preexisted such service and which the Secretary determines is not service connected, (iii) hardship, or (iv) a physical or mental condition that was not characterized as a disability and did not result from the individual's own willful misconduct but did interfere with the individual's performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense (or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service of the Navy); or ``(C) before completing such obligated period of service, is (i) discharged or released from active duty for the convenience of the Government after completing not less than 20 months of continuous active duty under that period of obligated service, if such period was less than three years, or 30 months of continuous active duty under that period of obligated service, if such period was at least three years, or (ii) involuntarily discharged or released from active duty for the convenience of the Government as a result of a reduction in force, as determined by the Secretary concerned in accordance with regulations prescribed by the Secretary of Defense (or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy). ``(4) Before applying for benefits under this section, the individual-- ``(A) completes the requirements of a secondary school diploma (or equivalency certificate); or ``(B) successfully completes (or otherwise receives academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree. ``(5) Upon completion of such obligated period of service, the individual-- ``(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list; ``(B) continues on active duty; or ``(C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service. ``(c) The open period referred to in subsection (a) with respect to a qualified individual is as follows: ``(1) Subject to paragraph (2), such period is the 90-day period preceding the date of the termination of the initial obligated period of active duty required of the individual under section 3011 or 3012 of this title. ``(2) In the case of a discharge or release under subparagraph (B) or (C) of subsection (b)(3), such period is the 90-day period preceding the anticipated date of such discharge or release. ``(d)(1) Subject to the succeeding provisions of this subsection, with respect to a qualified individual who withdraws, under subsection (a), an election under section 3011(c)(1) or 3012(d)(1) of this title-- ``(A) the basic pay of the qualified individual shall be reduced (in a manner determined by the Secretary concerned) until the total amount by which such basic pay is reduced equals $1,200; or ``(B) to the extent that basic pay is not so reduced before the qualified individual's discharge or release from active duty as specified in subsection (b)(5), the Secretary concerned shall collect from the qualified individual an amount equal to the difference between $1,200 and the total amount of reductions under subparagraph (A), which shall be paid into the Treasury of the United States as miscellaneous receipts. ``(2) In the case of an individual described in clause (B) or (C) of subsection (b)(3) whose discharge or release from active duty prevents the reduction of the basic pay of such individual by $1,200, an amount less than $1,200. ``(e) With respect to qualified individuals referred to in subsection (d)(1)(B), no amount of educational assistance allowance under this chapter shall be paid to the qualified individual until the earlier of the date on which the Secretary concerned collects the applicable amount under clause (i) of such subsection. ``(f) A withdrawal under subsection (a) is irrevocable. ``(g) The Secretary concerned shall provide for notice of the opportunity under this section to withdraw an election made under section 3011(c)(1) or 3012(d)(1) of this title.''. (b) Conforming Amendments.--(1) Sections 3011(c)(1) and 3012(d)(1) of such title are each amended by striking ``Any individual'' in the third sentence and inserting ``Subject to section 3018D, any individual''. (2) Section 3017(b)(1) of such title is amended to read as follows: ``(1) the total of-- ``(A) the amount reduced from the individual's pay under section 3011(b), 3012(c), 3018(c), 3018A(b), 3018B(b), 3018C(b), 3018C(e), or 3018D(d) of this title; ``(B) the amount reduced from the individual's retired pay under section 3018C(e) or 3018D(d) of this title; ``(C) the amount collected from the individual by the Secretary under section 3018B(b), 3018C(b), 3018C(e), or 3018D(d) of this title; and ``(D) the amount of any contribution made by the individual under section 3011(e) or 3012(f) of this title, less''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of such title is amended by inserting after the item relating to section 3018C the following new item: ``3018D. Opportunity for active-duty personnel to withdraw election not to enroll.''. SEC. 4. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PERSONNEL TO ENROLL UNDER THE MONTGOMERY GI BILL. (a) In General.--Chapter 30 of title 38, United States Code, as amended by section 3(a), is further amended by inserting after section 3018D the following new section: ``Sec. 3018E. Opportunity for certain active-duty personnel to enroll ``(a)(1) Notwithstanding any other provision of this chapter, during the one-year period beginning on the date of the enactment of this section, a qualified individual (described in subsection (b)) may make an irrevocable election under this section to become entitled to basic educational assistance under this chapter. ``(2) The Secretary of each military department shall provide for procedures for a qualified individual to make an irrevocable election under this section in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Transportation shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy. ``(b) A qualified individual referred to in subsection (a) is an individual who meets each of the following requirements: ``(1) The individual first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces before July 1, 1985. ``(2) The individual has served on active duty without a break in service since the date the individual first became such a member or first entered on active duty as such a member. ``(3) The individual is serving on active duty during the one-year period referred to in subsection (a)(1). ``(4) The individual, before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree. ``(5) The individual, when discharged or released from active duty, is discharged or released therefrom with an honorable discharge. ``(c)(1) Subject to the succeeding provisions of this subsection, with respect to a qualified individual who makes an election under this section to become entitled to basic educational assistance under this chapter-- ``(A) the basic pay of the qualified individual shall be reduced (in a manner determined by the Secretary concerned) until the total amount by which such basic pay is reduced is $2,700; and ``(B) to the extent that basic pay is not so reduced before the qualified individual's discharge or release from active duty as specified in subsection (b)(5), at the election of the qualified individual-- ``(i) the Secretary concerned shall collect from the qualified individual; or ``(ii) the Secretary concerned shall reduce the retired or retainer pay of the qualified individual by, an amount equal to the difference between $2,700 and the total amount of reductions under subparagraph (A), which shall be paid into the Treasury of the United States as miscellaneous receipts. ``(2)(A) The Secretary concerned shall provide for an 18-month period, beginning on the date the qualified individual makes an election under this section, for the qualified individual to pay that Secretary the amount due under paragraph (1). ``(B) Nothing in subparagraph (A) shall be construed as modifying the period of eligibility for and entitlement to basic educational assistance under this chapter applicable under section 3031 of this title. ``(d) With respect to qualified individuals referred to in subsection (c)(1)(B), no amount of educational assistance allowance under this chapter shall be paid to the qualified individual until the earlier of the date on which-- ``(1) the Secretary concerned collects the applicable amount under clause (i) of such subsection; or ``(2) the retired or retainer pay of the qualified individual is first reduced under clause (ii) of such subsection. ``(e) The Secretary, in conjunction with the Secretary of Defense, shall provide for notice of the opportunity under this section to elect to become entitled to basic educational assistance under this chapter.''. (b) Conforming Amendments.--Section 3017(b)(1) of such title, as amended by section 3(b), is further amended in each of subparagraphs (A), (B), and (C)-- (1) by striking ``or'' before ``3018D(d)''; and (2) by inserting ``, or 3018E(c)'' before ``of this title''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of such title, as amended by section 3(c), is further amended by inserting after the item relating to section 3018D the following new item: ``3018E. Opportunity for certain active-duty personnel to enroll.''.

Veterans Educational Opportunities Enhancement Act of 2001 - Amends Federal veterans' benefits provisions to allow the basic pay reduction for entitlement to veterans educational assistance under the Montgomery GI Bill to be taken over two years (currently one year).Allows the withdrawal of an election not to receive such assistance during a specified open period for an individual who: (1) first becomes a member or enters into active service on or after the enactment of this Act; (2) continues to serve the period of obligated service without a service break; (3) before completing such period, is discharged or released from duty for a service-connected disability, a preexisting medical condition, a hardship, a physical or mental condition that did not result from the individual's own willful misconduct, or for the convenience of the Government; (4) completes the requirements of a secondary school diploma or equivalency certificate or 12 semester hours toward a standard college degree; and (5) is discharged honorably or placed on one of specified retirement lists. Provides a basic pay reduction for entitlement to such assistance.Provides an opportunity for certain active-duty military personnel who first became a member of the armed forces before July 1, 1985, to enroll for such assistance during an open period under eligibility requirements very similar to those above, and requires a similar basic pay reduction for such assistance.

To amend title 38, United States Code, to extend the period over which an individual must make payment to the Secretary to become entitled to educational assistance under the Montgomery GI Bill, to prospectively permit any servicemember to withdraw an election not to enroll under the Montgomery GI Bill, and to provide for certain servicemembers to become eligible for educational assistance under the Montgomery GI Bill.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-India Energy Security Cooperation Act of 2006''. SEC. 2. FINDINGS. (1) The December 2004 National Intelligence Council report entitled ``Mapping the Global Future in 2020'' states that the single most important factor affecting the demand for energy will be global economic growth, especially that of China and India. It is estimated that the current economic growth rate in India is approximately 7 percent of gross domestic product. India will need to double its energy consumption within the next 15 years to maintain steady rates of economic growth. (2) The United States and India launched an energy dialogue on May 31, 2005, aimed at building upon a broad range of existing energy cooperation and developing new avenues of collaboration on energy. These efforts will promote increased trade and investment in the energy sector by utilizing resources in the public and private sectors, focusing on oil and gas, power and energy efficiency, new technologies and renewable energy, coal and clean coal technology, and civil nuclear cooperation. In his testimony before the Committee on Foreign Relations of the Senate on July 26, 2005, Under Secretary of Energy David Garman said, ``The United States and India recognize their mutual interests are best served by working together in a collaborative fashion to ensure stability in global energy markets.''. (3) As the sixth largest energy consumer in the world, India satisfies 70 percent of its oil demand with imports and has embarked on an aggressive oil and gas exploration program. The largest discovery of natural gas in the world in 2002 occurred in India. In 2003, the largest discovery of oil in the world occurred in the state of Rajasthan in India. External funding and investment in the oil and gas industry in India is necessary to maximize recovery from oil fields, but an improved investment environment in India is needed to attract such investment. (4) India is the world's third largest producer of coal and will continue to rely on coal as a major energy source to support expanding industrial and electric power generation needs. However, many of India's coal-fired plants are inefficient and lack adequate pollution control equipment. In his address to a joint session of the United States Congress on July 19, 2005, Prime Minister of India Manmohan Singh noted the importance of allowing greater access for developing countries to clean coal technologies and of exploring partnerships that encourage more efficient use of hydrocarbon resources. (5) India provides a market for United States technologies that promote the clean and efficient use of energy. (6) India has announced plans to develop a 5,000,000 ton strategic crude oil reserve, which is expected to be completed by 2009. (7) United States energy experts have emphasized the need for the United States to increase collaboration with other countries-- (A) to develop and deploy energy technologies that will not be pursued absent greater Federal support; (B) to increase investment in cooperative international energy research; and (C) to expand the global network of strategic petroleum reserves. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to cooperate with India to address common energy challenges, to ensure future global energy security, and to increase the world-wide availability of clean energy; (2) to promote dialogue and increased understanding between the United States and India on our respective national energy policies and strategies as an integral part of the expanding strategic partnership between the two countries; and (3) to collaborate with India in energy research that fosters market-based approaches to energy security and offers the promise of technological breakthroughs that reduce oil dependency globally. SEC. 4. ASSISTANCE TO SUPPORT ENERGY COOPERATION. (a) Authorization.--The President is authorized to establish programs in support of greater energy cooperation between the United States and India. (b) Activities.--Assistance may be provided under this section for cooperation related to-- (1) research, development, and deployment of clean coal and emission reduction technologies and carbon sequestration projects; (2) research, development, and deployment of alternative fuel sources, such as ethanol, bio-mass, and coal-based fuels; (3) research, development, and deployment of energy efficiency projects; (4) research related to commercially available technologies that promote the clean and efficient use of energy in India; and (5) technical assistance in support of the development by the Government of India of a strategic oil reserve to allow India to cope with short-term disruptions to global oil supplies without causing shocks to India's market or the global market. SEC. 5. REPORT ON ENERGY COOPERATION. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall, in coordination with the Secretary of Energy, submit to the Committee on Foreign Relations and the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce and the Committee on International Relations of the House of Representatives a report on energy security cooperation between the United States and India. (b) Content.--The report required under subsection (a) shall describe-- (1) the ways in which the United States and India have cooperated on energy research and development activities; (2) joint projects that have been initiated using assistance authorized under section 4, and the contribution such assistance has made to improving global energy security; and (3) plans for future energy cooperation and joint projects between the United States and India.

United States-India Energy Security Cooperation Act of 2006 - Authorizes the President to establish programs in support of greater energy cooperation between the United States and India. Authorizes assistance for cooperation related to research, development, and deployment in selected areas, including: (1) clean coal and emission reduction technologies and carbon sequestration projects; (2) alternative fuel sources, such as ethanol, biomass, coal-based fuels, and hydrogen; and (3) energy efficiency projects.

To promote global energy security through increased cooperation between the United States and India in diversifying sources of energy, stimulating development of alternative fuels, developing and deploying technologies that promote the clean and efficient use of coal, and improving energy efficiency.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethical Pathway Act of 2010''. SEC. 2. ETHICAL PATHWAY FOR THE APPROVAL AND LICENSOR OF PHARMACEUTICAL AND BIOLOGICAL PRODUCTS. (a) Definitions.-- (1) In general.--In this section: (A) Applicant.--The term ``applicant'' means a person who submits to the Secretary an application described in subsection (a)(2). (B) Commissioner.--The term ``Commissioner'' means the Commissioner of Food and Drugs. (C) Regulatory test data.--The term ``regulatory test data'' means the evidence regarding the safety and efficacy of new pharmaceutical drugs or biological products used in order to obtain marketing approval for use in humans or vertebrate animals. (D) Relevant application or license.--The term ``relevant application or license'' means a new drug application or new biological product license application approved by the Secretary or relevant authority in a foreign country which contains regulatory test data requested by an applicant under this section. (E) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (2) Types of applications.--An application described in this paragraph is-- (A) an abbreviated new drug application submitted under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)); (B) an application for license of a biosimilar biological product submitted under section 351(k) of the Public Health Service Act; or (C) an application for a license to sell a drug in the United States that has been approved for marketing in a foreign country, as permitted by the Secretary. (b) Ethical Pathway.--As soon as practicable after the date of enactment of this Act, the Secretary, acting through the Commissioner, shall establish a mechanism by which an applicant may request a cost- sharing arrangement described in subsection (c). Such an applicant may request such an arrangement if, but for the arrangement-- (1) such applicant would be required to conduct clinical investigations involving human subjects that violate Article 20 of the Declaration of Helsinki on Ethical Principles for Medical Research Involving Human Subjects in order to obtain approval or licensure from the Secretary of the application described in subsection (a)(2) submitted by the applicant; or (2) the duplication of the clinical investigations required for such application would violate other applicable ethical standards concerning the testing of products on humans or other vertebrate animals. (c) Cost-Sharing Arrangement.-- (1) Responsibility of applicant.--An applicant that intends to perform clinical investigations involving humans or vertebrate animals in order to file an application described in subsection (a)(2) shall take all necessary measures to verify that those investigations have not been performed or initiated by another person. (2) Voluntary agreement procedures.-- (A) In general.--An applicant and the holder or holders of relevant applications or licenses shall make every effort to ensure that any regulatory test data and results of clinical investigations involving humans and vertebrate animals conducted with respect to such relevant applications or licenses is shared with the applicant, including the regulatory test data necessary for the applicant to obtain marketing approval from the Secretary with respect to an application described under subsection (a)(2). (B) Reasonable fee.-- (i) In general.--An applicant and the holder or holders of the relevant applications or licenses shall make every effort to agree upon a fee that is reasonable and fair that permits the applicant to rely upon information from the regulatory test data referred to in subparagraph (A). (ii) Limited to certain data.--Clause (i) shall apply only to the regulatory test data that such applicant is required to submit with the application described in subsection (a)(2), and upon which such applicant does not have the right to rely in the absence of a license or a cost-sharing agreement. (3) Failure to reach voluntary agreement.-- (A) Notification to commissioner.--The applicant shall notify the Commissioner or the appropriate designee of the Commissioner-- (i) if the applicant or the holder or holders of the relevant applications or licenses refuses to participate in the efforts to agree upon a fee described in paragraph (2)(B); or (ii) if the applicant and the holder or holders of the relevant applications or licenses fail to reach agreement on a reasonable and fair fee for reliance by the applicant on the regulatory test data described in paragraph (2). (B) Effect of notification.--Upon receipt of a notification under subparagraph (A), the Commissioner or such designee-- (i) shall refer the matter to binding arbitration to determine a reasonable and fair fee for the reliance by the applicant on the regulatory test data, and encourage the parties to participate in such arbitration; or (ii) if 1 or more of the parties refuses to participate in such arbitration, or if determined appropriate by the Commissioner, shall determine a reasonable and fair fee for the reliance by the applicant on such regulatory test data. (4) Reliance on regulatory test data in application.--If the applicant or the holder or holders of the relevant applications or licenses refuses to participate in the efforts to agree upon a fee described in paragraph (2)(B), or if an applicant and the holder or holders of the relevant applications or licenses fail to reach agreement on a reasonable and fair fee for reliance by the applicant on the regulatory test data under paragraph (2)-- (A) the applicant shall-- (i) pay to the holder or holders of such relevant applications or licenses a fee in the amount of the reasonable and fair share of the costs of the regulatory test data determined through binding arbitration or by the Commissioner or appropriate designee under paragraph (3), as applicable; and (ii) in the application described in subsection (a)(2) that is submitted by the applicant, include a notification to the Commissioner that the Commissioner shall incorporate into the application the regulatory test data contained in such relevant applications or licenses that is the subject of the reasonable and fair fee; and (B) subject to the payment of the fee described in subparagraph (A)(i), the Commissioner shall incorporate into the application such regulatory test data. (d) Procedures.--The reasonable and fair fee for the reliance by the application on the regulatory test data under subsection (c)(3) shall be determined after considering the following factors: (1) The actual out-of-pocket costs of the applicable clinical investigations. (2) The risks of the investigations, as reflected in the probabilities that similar investigations result in successful applications for marketing. (3) Any Federal grants, tax credits, or other subsidies that reduce the net cost of the investigations. (4) The expected share of the global market for the product involved, by the party seeking to rely upon the investigations for marketing approval. (5) The amount of the time the holder or holders of the relevant applications or licenses has benefitted from exclusive rights, and the cumulative revenue earned on the products that relied upon the regulatory test data at issue. (e) Public Disclosure.-- (1) In general.--In order to enhance the transparency of the costs of innovation, and to provide greater predictability as to the liability associated with nonvoluntary reliance upon regulatory test data, the Secretary shall adopt procedures and rules under which sufficient information about the costs and fees will be made public by the arbitrator or the Commissioner (or the appropriate designee of the Commissioner), as applicable. (2) Content.--The information made public under paragraph (1) shall include at least summary data of the actual costs of the clinical investigations, the factors considered under subsection (d), and the amount of the fee provided to the holder or holders of the relevant applications or licenses. (3) Limitations.--The requirements for public disclosure of the costs of the clinical investigations shall not apply to cases where the owner of the rights in the regulatory test data does not assert an exclusive right to rely upon such test data. If the owner of the rights in the regulatory test data asserts an exclusive right, but reaches a voluntary agreement on the fee for relying upon the data under subsection (c)(2), the amount of the fee paid by the applicant shall be provided to the Secretary or a designee, and be made public.

Ethical Pathway Act of 2010 - Directs the Secretary of Health and Human Services (HHS), acting through the Commissioner of Food and Drugs (FDA), to establish a mechanism by which an applicant for an abbreviated new drug application submitted under the Federal Food, Drug, and Cosmetic Act, for license of a biosimilar biological product submitted under the Public Health Service Act, or for a license to sell in the United States a drug that has been approved for marketing in a foreign country may request a cost-sharing arrangement under which the applicant and the holders of relevant applications or licenses shall make every effort to ensure that any regulatory test data and results of clinical investigations involving humans and vertebrate animals conducted regarding such applications or licenses is shared, including the regulatory test data necessary to obtain marketing approval from the Secretary. Permits such applicant to request such arrangement if, but for the arrangement: (1) the applicant would be required to conduct clinical investigations involving human subjects that violate Article 20 of the Declaration of Helsinki on Ethical Principles for Medical Research Involving Human Subjects in order to obtain the Secretary's approval or licensure; or (2) the duplication of the clinical investigations required for such application would violate other applicable ethical standards concerning the testing of products on humans or other vertebrate animals. Sets forth provisions regarding: (1) the responsibility of an applicant that intends to perform clinical investigations involving humans or vertebrate animals to verify that those investigations have not been performed or initiated by another person, (2) agreement between an applicant and the holders of the relevant applications or licenses on a fee that is reasonable and fair that permits the applicant to rely upon information from such regulatory test data, and (3) procedures to determine such fee or required payment when such parties fail to reach such an agreement. Requires the fee for reliance on such regulatory test data to be determined after considering: (1) the actual out-of-pocket costs of the applicable clinical investigations; (2) the risks of the investigations; (3) any federal grants, tax credits, or other subsidies; (4) the expected share of the global market for the product involved; and (5) the amount of time the holders of the relevant applications or licenses have benefited from exclusive rights and the cumulative revenue earned on the products that relied upon the data at issue. Directs the Secretary to adopt procedures and rules under which sufficient information about costs and fees will be made public.

A bill to ensure that rules for the approval of pharmaceutical and biological products do not require violations of medical ethics in the testing of products in humans and vertebrate animals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Renewal Act of 2001''. SEC. 2. CREDIT FOR PRODUCTION FROM NUCLEAR POWER PLANTS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: ``SEC. 45E. CREDIT FOR PRODUCTION FROM NUCLEAR POWER. ``(a) General Rule.--For purposes of section 38, the nuclear power production credit of any taxpayer for any taxable year is-- ``(1) in the case of a qualified nuclear power facility, an amount equal to .34 cents, multiplied by the kilowatt hours of electricity-- ``(A) produced by the taxpayer at a qualified nuclear power facility during the 5-year period beginning on the date the facility is originally placed in service, and ``(B) sold by the taxpayer to an unrelated person during such taxable year, and ``(2) in the case of a qualified nuclear power facility upgrade, an amount equal to .34 cents, multiplied by the kilowatt hours of electricity-- ``(A) produced by the taxpayer as a result of a qualified nuclear power facility upgrade during the 3- year period beginning on the date the upgrade is effective, and ``(B) sold by the taxpayer to an unrelated person during such taxable year. ``(b) Limitation.--The amount of the credit determined under subsection (a) for any taxable year with respect to a nuclear power facility shall not exceed $50,000,000. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified nuclear power facility.--The term `qualified nuclear power facility' means any facility owned by the taxpayer-- ``(A) with respect to which a construction license is approved by the Nuclear Regulatory Commission before the date of the enactment of this section and which is originally placed in service after such date, or ``(B) which resumes service after the date of the enactment of this section after a period of non- operation of at least 10 years. ``(2) Qualified nuclear power facility upgrade.--The term `qualified nuclear power facility upgrade' means an upgrade to a nuclear power facility after the date of the enactment of this section which allows electricity production of the facility in excess of the original rated thermal power of the facility prior to the upgrade. An upgrade under this paragraph shall not be treated as effective until the date on which the operating license of the facility has been approved by the Nuclear Regulatory Commission to reflect such upgrade. ``(3) 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 agreements by the owner of a nuclear power facility with any producer of electricity. ``(4) Credits for certain tax exempt organizations and governmental units.-- ``(A) Allowance of credit.--Any credit which would be allowable under this section with respect to a nuclear power facility of an entity if such entity were not exempt from tax under this chapter shall be treated as a credit allowable under subpart C to such entity if such entity is-- ``(i) a public utility (as defined in section 136(c)(2)(B)), or ``(ii) the Tennessee Valley Authority. ``(B) Transfer of credit.--An entity described in subparagraph (A) may transfer any credit allowable to such entity under subparagraph (A) in accordance with paragraph (3). ``(5) Special rules.--The rules of subsection (b)(3) and paragraphs (3), (4), and (5) of subsection (d) of section 45 shall apply. ``(e) Termination.--This section shall not apply to production in taxable years beginning after December 31, 2011.''. (b) Credit Treated as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following: ``(14) the nuclear power production credit determined under section 45E(a).''. (c) Transitional Rule.--Section 39(d) of the Internal Revenue Code of 1986 (relating to transitional rules) is amended by adding at the end the following: ``(10) No carryback of section 45e credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the nuclear power production credit determined under section 45E may be carried back to a taxable year ending before the date of the enactment of section 45E.''. (d) Clerical Amendment.--The table of sections for subpart D 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: ``Sec. 45E. Credit for production from nuclear power.''. (e) Effective Date.--The amendments made by this section shall apply to production after the date of the enactment of this Act. SEC. 4. DEPRECIATION OF PROPERTY USED IN THE GENERATION OF ELECTRICITY. (a) Depreciation of Property Used in the Generation of Electricity.-- (1) In general.--Subparagraph (C) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 7-year property) is amended by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause: ``(ii) any property used in the generation of electricity, and''. (2) 10-year class life.--The table contained in section 168(g)(3)(B) of such Code is amended by inserting after the item relating to subparagraph (C)(ii) the following new item: ``(C)(ii)...................................................... 10''. (b) Definition of Property Used in the Generation of Electricity.-- Subsection (i) of section 168 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Property used in the generation of electricity.--The term `property used in the generation of electricity' means property (other than electric utility nuclear fuel assemblies) used in any qualified nuclear power facility or in any qualified nuclear power facility upgrade (as defined in paragraphs (1) and (2) of section 45E(c), respectively).''. (c) Tax-Exempt Use Property.--Subparagraph (A) of section 168(h)(1) of the Internal Revenue Code of 1986 (defining tax-exempt use property) is amended by inserting ``or property used in any qualified nuclear power facility or in any qualified nuclear power facility upgrade (as defined in paragraphs (1) and (2) of section 45E(c), respectively)'' after ``nonresidential real property''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Nuclear Renewal Act of 2001 - Amends the Internal Revenue Code provide limited business tax credits for qualified nuclear power facilities and facility upgrades through tax year 2011. Extends such credit to certain tax exempt public utilities and the Tennessee Valley Authority.Classifies property used in the generation of electricity (property used in any qualified nuclear power facility or facility upgrade) as seven-year depreciable property (with a ten-year class life for alternative depreciation purposes).

A bill to amend the Internal Revenue Code of 1986 to provide tax credits with respect to nuclear facilities, and for other purposes.

SECTION 1. MODIFICATIONS TO SMALL ISSUE BOND PROVISIONS. (a) Increase in Amount of Qualified Small Issue Bonds Permitted for Facilities to be Used by Related Principal Users.-- (1) In general.--Clause (i) of section 144(a)(4)(A) (relating to $10,000,000 limit in certain cases) is amended by striking ``$10,000,000'' and inserting ``$20,000,000''. (2) Cost-of-living adjustment.--Section 144(a)(4) is amended by adding at the end the following: ``(G) Cost-of-living adjustment.--In the case of a taxable year beginning in a calendar year after 2002, the $20,000,000 amount under subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof.''. (3) Clerical amendment.--The heading of paragraph (4) of section 144(a) is amended by striking ``$10,000,000'' and inserting ``$20,000,000''. (4) Effective date.--The amendments made by this subsection shall apply to-- (A) obligations issued after the date of the enactment of this Act, and (B) capital expenditures made after such date with respect to obligations issued on or before such date. (b) Definition of Manufacturing Facility.-- (1) In general.--Section 144(a)(12)(C) (relating to definition of manufacturing facility) is amended to read as follows: ``(C) Manufacturing facility.--For purposes of this paragraph, the term `manufacturing facility' means any facility which is used in-- ``(i) the manufacturing or production of tangible personal property (including the processing resulting in a change in the condition of such property), ``(ii) the manufacturing, development, or production of specifically developed software products or processes if-- ``(I) it takes more than 6 months to develop or produce such products, ``(II) the development or production could not with due diligence be reasonably expected to occur in less than 6 months, and ``(III) the software product or process comprises programs, routines, and attendant documentation developed and maintained for use in computer and telecommunications technology, or ``(iii) the manufacturing, development, or production of specially developed biobased or bioenergy products or processes if-- ``(I) it takes more than 6 months to develop or produce, ``(II) the development or production could not with due diligence be reasonably expected to occur in less than 6 months, and ``(III) the biobased or bioenergy product or process comprises products, processes, programs, routines, and attendant documentation developed and maintained for the utilization of biological materials in commercial or industrial products, for the utilization of renewable domestic agricultural or forestry materials in commercial or industrial products, or for the utilization of biomass materials. ``(D) Related facilities.--For purposes of subparagraph (C), the term `manufacturing facility' includes a facility which is directly and functionally related to a manufacturing facility (determined without regard to subparagraph (C)) if-- ``(i) such facility, including an office facility and a research and development facility, is located on the same site as the manufacturing facility, and ``(ii) not more than 40 percent of the net proceeds of the issue are used to provide such facility, but shall not include a facility used solely for research and development activities.''. (2) Effective date.--The amendment made by this subsection shall apply to obligations issued after the date of the enactment of this Act.

Amends the Internal Revenue Code regarding qualified small issue bonds to: (1) increase the cap and capital expenditure amounts from $10 million to $20 million, with an inflation adjustment beginning in 2003; and (2) expand the definition of "manufacturing facility" to include certain biotech and software production.

A bill to amend the Internal Revenue Code of 1986 to modify the qualified small issue bond provisions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth and Adult School Partnership Act of 1999''. SEC. 2. PURPOSES. The purposes of this Act are to invite students and other young people to engage more fully in the process of school reform and school improvement, and to encourage effective youth and adult partnerships that create more meaningful roles for students and other young people in their schools and communities. SEC. 3. REFERENCES. 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 Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 SEC. 101. AMENDMENTS TO TITLE I REGARDING DISADVANTAGED STUDENTS. (a) State Plans.--Section 1111(a)(1) (20 U.S.C. 6311(a)(1)) is amended by striking ``and parents'' and inserting ``parents and students, as developmentally appropriate''. (b) Local Educational Agency Plans.--Section 1112(d)(1) (20 U.S.C. 6312(d)(1)) is amended by striking ``and parents'' and inserting ``parents and students, as developmentally appropriate,''. (c) Assessment and Local Educational Agency and School Improvement.--Section 1116(c)(2)(A)(i) (20 U.S.C. 6317(c)(2)(A)(i)) is amended by inserting ``and, if the plan relates to a secondary school, students from such school,'' after ``team,''. (d) State Administration.--Section 1603(b)(2) (20 U.S.C. 6513(b)(2)) is amended-- (1) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively; and (2) by inserting after subparagraph (D) the following: ``(E) students attending secondary schools receiving funds under this title;''. SEC. 102. AMENDMENTS TO TITLE II REGARDING THE DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM. (a) Findings.--Section 2001 (20 U.S.C. 6601) is amended by adding after paragraph (9) the following: ``(10) Student involvement is an important aspect of school reform and improvement. There is a need for special attention to ensure the effective involvement of students in decisions that impact their education.''. SEC. 103. AMENDMENTS TO TITLE III REGARDING TECHNOLOGY FOR EDUCATION. (a) Federal Leadership.--Section 3122(c) (20 U.S.C. 6832(c)) is amended-- (1) by redesignating paragraphs (11) through (16) as paragraphs (12) through (17), respectively; and (2) by inserting after paragraph (10) the following: ``(11) development, demonstration, and evaluation of model strategies for using technology to enhance the creation of meaningful roles for young people in their schools and communities;''. (b) Grants Authorized.--Section 3204(a)(4) (20 U.S.C. 6894(a)(4)) is amended by inserting ``, families, young people, and communities'' after ``teachers''. SEC. 104. AMENDMENTS TO TITLE IV REGARDING SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES. (a) Findings.--Section 4002 (20 U.S.C. 7102) is amended-- (1) in paragraph (9), by inserting ``, and with young people,'' after ``together''; and (2) in paragraph (10), by inserting before the period the following ``, and it is through effective partnerships with adults that students will gain the skills and opportunities to take this greater responsibility''. (b) Governor's Programs.--Section 4114(b)(1) (20 U.S.C. 7114(b)(1)) is amended by inserting ``student-led groups,'' after ``parent groups,''. (c) Local Drug and Violence Prevention Programs.--Section 4116(a)(2) (20 U.S.C. 7116(a)(2)) is amended by inserting ``and students,'' after ``parents''. (d) Federal Activities.--Section 4121(a)(1) (20 U.S.C. 7131(a)(1)) is amended by inserting ``students,'' after ``parents,''. (e) Hate Crime Prevention.--Section 4123(b)(1)(D) (20 U.S.C. 7133(b)(1)(D)) is amended by striking ``and administrators''and inserting ``, administrators, families, and students''. SEC. 105. AMENDMENTS TO TITLE V REGARDING PROMOTING EQUITY. (a) Innovative Programs.--Section 5111(a)(2)(B) (20 U.S.C. 7211(a)(2)(B)) is amended by inserting ``, student,'' after ``parent''. (b) Authorized Activities.--Section 5305 (20 U.S.C. 7265) is amended-- (1) by redesignating paragraphs (10) through (23) as paragraphs (11) through (24), respectively; (2) by redesignating paragraph (9)(D) as paragraph (10), and indenting appropriately; (3) in paragraph (9)-- (A) in subparagraph (B), by inserting ``and'' after the semicolon; and (B) in subparagraph (C), by striking ``and'' after the semicolon; and (4) in paragraph (10) (as redesignated in paragraph (2)) by striking ``improve'' and inserting ``the improvement of''. SEC. 106. AMENDMENTS TO TITLE VI REGARDING STATE AND LOCAL RESPONSIBILITY FOR INNOVATIVE EDUCATION PROGRAM STRATEGIES. Section 6001(c) (20 U.S.C. 7301(c)) is amended by-- (1) striking ``and classroom teachers and supporting personnel'' and inserting ``classroom teachers and supporting personnel, and families of students''; and (2) striking ``have the most direct contact with students and''. SEC. 107. AMENDMENTS TO TITLE VII REGARDING BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE ACQUISITION PROGRAMS. (a) Findings, Policy, and Purpose.--Section 7102(a)(12) (20 U.S.C. 7402(a)(12)) is amended by inserting ``, student,'' after ``parent''. (b) Research.--Section 7132(b)(1) (20 U.S.C. 7452(b)(1)) is amended by inserting ``, students,'' after ``parents''. SEC. 108. AMENDMENTS TO TITLE IX REGARDING INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION. (a) Applications.--Section 9114(c) (20 U.S.C. 7814(c)) is amended-- (1) in paragraph (3)(C) by striking ``and teachers, and, if appropriate,'' and inserting ``, teachers, and''; and (2) in paragraph (4)(A)(ii), by striking ``if appropriate,''; (b) Improvement of Educational Opportunities.--Section 9121(c)(1) (20 U.S.C. 7831(c)(1)) is amended-- (1) by redesignating subparagraphs (J) and (K) as subparagraphs (K) and (L), respectively; and (2) by inserting after subparagraph (I) the following: ``(J) partnership projects between schools and student groups to improve the achievement of Indian students;''. (c) National Advisory Council on Indian Education.--Section 9151(a)(1) (20 U.S.C. 7871(a)(1)) is amended by inserting ``including Indian youth,'' after ``members,''. SEC. 109. AMENDMENTS TO TITLE X REGARDING PROGRAMS OF NATIONAL SIGNIFICANCE. (a) Fund for the Improvement of Education.--Section 10101(b) (20 U.S.C. 8001(b)) is amended-- (1) in paragraph (1)(A)-- (A) in clause (ii)(III), by striking ``parent'' and inserting ``family, student,''; and (B) in clause (iv)-- (i) by striking ``and family members'' and inserting ``, family members, and students''; and (ii) by striking ``their children'' and inserting ``the students''; (2) in subparagraph (D), by inserting ``and peer mentoring'' before the semicolon; and (3) in subparagraph (O), by inserting ``and other learning opportunities that create more meaningful roles for students with respect to the student's own education'' before the semicolon. (b) Elementary School Counseling Demonstration.--Section 10102(b)(2)(I) (20 U.S.C. 8002(b)(2)(I)) is amended by inserting ``students, as developmentally appropriate,'' after ``parents,''. (c) Partnerships in Character Education Pilot Project.--Section 10103(c)(3)(D) (20 U.S.C. 8003(c)(3)(D)) is amended by striking ``parental'' and inserting ``family, student,''. (d) Smaller Learning Communities.--Section 10105(b)(4) (20 U.S.C. 8005(b)(4)) is amended by inserting ``students,'' after ``parents,''. (e) Findings and Purpose for Public Charter Schools.--Section 10301(a)(2) (20 U.S.C. 8061(a)(2)) is amended by striking ``parents'' and inserting ``families and students''. (f) Applications For Public Charter Schools.--Section 10303(b)(3)(E) (20 U.S.C. 8063(b)(3)(E)) is amended by striking ``parents'' and inserting ``families, students,''. (g) Definitions For Public Charter Schools.--Section 10310(2) (20 U.S.C. 8066(2)) is amended by striking ``parents'' and inserting ``families and students,''. (h) Support for Arts Education.--Section 10401(c)(5) (20 U.S.C. 8091(c)(5)) is amended by inserting ``including student organizations'' after ``organizations''. (i) Program Authorized.--Section 10412(b) (20 U.S.C. 8102(b)) is amended-- (1) in paragraph (1)(G), by striking ``parental'' and inserting ``family, student,''; and (2) in paragraph (4)(B)(i), by inserting ``student organizations,'' after ``cultural institutions,''. (j) Authorized Activities.--Section 10413(a)(10) (20 U.S.C. 8103(a)(10)) is amended-- (1) by striking ``parents'' and inserting ``families''; and (2) by inserting ``and of students in their own education'' after ``children''. (k) Instruction in Civics, Government, and the Law.--Section 10602 (20 U.S.C. 8142) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``and'' after the semicolon; (B) in paragraph (2), by striking the period and inserting ``; and''; and (C) by inserting at the end the following: ``(3) civic engagement of young people.''; and (2) in subsection (b)(3), by inserting ``and civic engagement activities'' after ``activities''. (l) Findings Regarding 21st Century Community Learning Centers.-- Section 10902(2) (20 U.S.C. 8242(2))is amended by inserting ``student organizations,'' after ``such as''. (m) Uses of Funds For 21st Century Community Learning Centers.-- Section 10905 (20 U.S.C. 8245) is amended-- (1) by redesignating paragraphs (4) through (13) as paragraphs (5) through (14), respectively; (2) by inserting after paragraph (3) the following paragraph: ``(4) Student civic engagement programs.''; and (3) by adding at the end the following paragraph: ``(15) Youth and adult partnership training.''. (n) Urban School Grants.--Section 10963(b) (20 U.S.C. 8283(b)) is amended-- (1) in paragraph (1)(F), by inserting ``, including programs that create more meaningful roles for students and youth in their educations and communities'' after ``learning''; and (2) in paragraph (8)(C), by striking ``parental'' and inserting ``family and student''. (o) Purpose For Rural Education Demonstration Grants.--Section 10972(8) (20 U.S.C. 8292(8)) is amended by striking ``parental'' and inserting ``family and student,''. (p) Uses of Funds For Rural Education Demonstration Grants.-- Section 10974(a) (20 U.S.C. 8294(a)) is amended-- (1) in paragraph (7)-- (A) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (B) by inserting after subparagraph (E) the following: ``(F) programs to create more meaningful roles for students and youth in their schools and communities;''; and (2) in paragraph (8)(G), by inserting ``, civic engagement,'' after ``citizenship''. (q) White House Conference on Urban Education.--Section 10981 (20 U.S.C. 8311) is amended-- (1) in subsection (a)(2)(B), by striking ``parents'' and inserting ``families and students,''; and (2) in subsection (b)(1)(D), by inserting ``, including students and their families'' after ``education''. (r) Authorization To Call Conference.--Section 10982 (20 U.S.C. 8312) is amended-- (1) in subsection (a)(3)(B), by striking ``parents'' and inserting ``families and students''; and (2) in subsection (b)(1)(D), by inserting ``, including students and their families'' after ``postsecondary education''. SEC. 110. AMENDMENTS TO TITLE XII REGARDING APPLICATIONS FOR ASSISTANCE UNDER THE SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT ACT. Section 12006(b)(1) (20 U.S.C. 8506(b)(1)) is amended by striking ``parents'' and inserting ``families, students,''. SEC. 111. AMENDMENTS TO TITLE XIII REGARDING SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE EDUCATION. (a) Requirements of Comprehensive Regional Assistance Centers.-- Section 13102(a)(1) (20 U.S.C. 8622(a)(1)) is amended-- (1) by redesignating subparagraphs (J), (K) and (L) as subparagraphs (K), (L) and (M), respectively; and (2) by inserting after subparagraph (I) the following: ``(J) expanding the involvement and participation of students, as developmentally appropriate, in the student's own education;''. (b) Use of Funds Regarding Eisenhower Regional Mathematics and Science Education Consortia.--Section 13302 (20 U.S.C. 8672) is amended-- (1) in paragraph (4), by inserting ``, and families and students,'' after ``educators''; and (2) in paragraph (5), by inserting ``in consultation with students and on a developmentally appropriate basis,'' before ``implement''. SEC. 112. AMENDMENTS TO TITLE XIV REGARDING OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS. Section 14302(b)(1) (20 U.S.C. 8852(b)(1)) is amended by striking ``parents'' and inserting ``families''. TITLE II--AMENDMENTS TO THE NATIONAL EDUCATION STATISTICS ACT OF 1994 SEC. 201. NATIONAL ASSESSMENT GOVERNING BOARD. Section 412(b)(1)(M) of the National Education Statistics Act of 1994 (20 U.S.C. 9011(b)(1)(M)) is amended by striking ``parents'' and inserting ``families and students''.

Provides for such student and youth involvement and partnerships with adults in schools and communities under various programs under the following ESEA titles: (1) I, disadvantaged students, (including State and local educational agency plans, assessment, and school improvement, and State administration); (2) II, the Dwight D. Eisenhower professional development program; (3) III, technology for education (including Federal leadership and grants); (4) IV, safe and drug-free schools and communities (including Governor's programs, local drug and violence prevention programs, Federal activities, and hate crime prevention); (5) V, promoting equity (including innovative programs and authorized activities); (6) VI, State and local responsibility for innovative education program strategies; (7) VII, bilingual education, language enhancement, and language acquisition programs, including research; (8) IX, Indian, Native Hawaiian, and Alaska Native education (including partnerships of schools and student groups to improve Indian student achievement and educational opportunities, and Indian youth participation on the National Advisory Council on Indian Education); (9) programs of national significance (including the Fund for the Improvement of Education, elementary school counseling demonstration projects, partnerships in character education pilot projects, smaller learning communities, public charter schools, support for arts education, other authorized programs and activities, instruction in civics, government, and the law, 21st Century community learning centers, urban school grants, rural education demonstration grants, and White House conferences on education); (10) XII, applications for assistance under the School Facilities Infrastructure Act; (11) XIII, support and assistance programs to improve education (including comprehensive regional assistance centers and Eisenhower regional mathematics and science education consortia); and (12) XIV, general provisions for optional consolidated State plans or applications. Title II: Amendments to the National Education Statistics Act of 1994 - Amends the National Education Statistics Act of 1994 to include families and students (current law simply includes parents) among those whom the Secretary of Education may appoint as general public members of the National Assessment Governing Board which formulates policy guidelines for the National Assessment of Educational Progress.

Youth and Adult School Partnership Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reforestation Tax Act of 2003''. SEC. 2. PARTIAL INFLATION ADJUSTMENT FOR TIMBER. (a) In General.--Part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended by adding at the end the following new section: ``SEC. 1203. PARTIAL INFLATION ADJUSTMENT FOR TIMBER. ``(a) In General.--At the election of any taxpayer who has qualified timber gain for any taxable year, there shall be allowed as a deduction from gross income an amount equal to the qualified percentage of such gain. ``(b) Qualified Timber Gain.--For purposes of this section, the term `qualified timber gain' means long-term capital gain from the sale or exchange of timber. ``(c) Qualified Percentage.--For purposes of this section, the term `qualified percentage' means the percentage (not exceeding 50 percent) determined by multiplying-- ``(1) 3 percent, by ``(2) the number of years in the holding period of the taxpayer with respect to the timber. ``(d) Estates and Trusts.--In the case of an estate or trust, the deduction under subsection (a) shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets.'' (b) Coordination With Maximum Rates of Tax on Net Capital Gains.-- (1) Subsection (h)(4) of section 1 of such Code (relating to maximum capital gains rate) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``; and'', and by adding at the end the following new subparagraph: ``(C) qualified timber gain with respect to which an election is in effect under section 1203.'' (2) Subsection (a) of section 1201 of such Code (relating to the alternative tax for corporations) is amended by inserting at the end thereof the following new sentence: ``For purposes of this section, net capital gain shall be determined without regard to qualified timber gain (as defined in section 1203) with respect to which an election is in effect under section 1203.'' (c) Allowance of Deduction in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (relating to definition of adjusted gross income) is amended by inserting after paragraph (18) the following new paragraph: ``(19) Partial inflation adjustment for timber.--The deduction allowed by section 1203.'' (d) Technical Amendments.-- (1) Subparagraph (B) of section 172(d)(2) of such Code is amended to read as follows: ``(B) the exclusion under section 1202 and the deduction under section 1203 shall not be allowed.'' (2) The last sentence of section 453A(c)(3) of such Code is amended by striking ``(whichever is appropriate)'' and inserting ``or the deduction under section 1203 (whichever is appropriate)''. (3) Section 641(c)(2)(C) of such Code is amended by inserting after clause (iii) the following new clause: ``(iv) The deduction under section 1203.'' (4) The first sentence of section 642(c)(4) of such Code is amended to read as follows: ``To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain described in section 1202(a) or qualified timber gain (as defined in section 1203(b)), proper adjustment shall be made for any exclusion allowable under section 1202, and any deduction allowable under section 1203, to the estate or trust.'' (5) The last sentence of section 643(a)(3) of such Code is amended to read as follows: ``The exclusion under section 1202 and the deduction under section 1203 shall not be taken into account.'' (6) Subparagraph (C) of section 643(a)(6) of such Code is amended by inserting ``(i)'' before ``there shall'' and by inserting before the period ``, and (ii) the deduction under section 1203 (relating to partial inflation adjustment for timber) shall not be taken into account''. (7) Paragraph (4) of section 691(c) of such Code is amended by inserting ``1203,'' after ``1202,''. (8) The second sentence of paragraph (2) of section 871(a) of such Code is amended by striking ``section 1202'' and inserting ``sections 1202 and 1203''. (e) Clerical Amendment.--The table of sections for part I of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1203. Partial inflation adjustment for timber.'' (f) Effective Date.--The amendments made by this section shall apply to sales or exchanges after December 31, 2002. SEC. 3. 100 PERCENT DEDUCTION FOR REFORESTATION EXPENDITURES TO REPLACE AMORTIZATION. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: ``SEC. 199. REFORESTATION EXPENDITURES. ``(a) Allowance of Deduction.--In the case of any qualified timber property with respect to which the taxpayer has made (in accordance with regulations prescribed by the Secretary) an election under this subsection, there shall be allowed as a deduction for the taxable year an amount equal to the reforestation expenditures paid or incurred by the taxpayer during such year with respect to such property. ``(b) Qualified Timber Property.--The term `qualified timber property' means a woodlot or other site located in the United States which will contain trees in significant commercial quantities and which is held by the taxpayer for the planting, cultivating, caring for, and cutting of trees for sale or use in the commercial production of timber products. ``(c) Reforestation Expenditures.-- ``(1) In general.--For purposes of this section, the term `reforestation expenditures' means direct costs incurred in connection with forestation or reforestation by planting or artificial or natural seeding, including costs-- ``(A) for the preparation of the site, ``(B) of seeds or seedlings, and ``(C) for labor and tools, including depreciation of equipment such as tractors, trucks, tree planters, and similar machines used in planting or seeding. ``(2) Cost-sharing programs.--Reforestation expenditures shall not include any expenditures for which the taxpayer has been reimbursed under any governmental reforestation cost- sharing program unless the amounts reimbursed have been included in the gross income of the taxpayer. ``(d) Life Tenant and Remainderman.--In the case of property held by one person for life with remainder to another person, the deduction under this section shall be computed as if the life tenant were the absolute owner of the property and shall be allowed to the life tenant.'' (b) Termination of Amortization of Reforestation Expenditures.-- Section 194 of such Code (relating to amortization of reforestation expenditures) is amended by adding at the end the following new subsection: ``(e) Termination.--This section shall not apply to any amount paid or incurred after the date of the enactment of this subsection.'' (c) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting at the end the following new item: ``Sec. 199. Reforestation expenditures.'' (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

Reforestation Tax Act of 2003 - Amends the Internal Revenue Code to allow a deduction to a taxpayer who has a qualified timber gain in an amount equal to the qualified percentage of such gain. Allows a deduction, for qualified timber property, for reforestation expenditures and terminates current provisions allowing for the amortization of such expenditures.

To amend the Internal Revenue Code of 1986 to modify certain provisions relating to the treatment of forestry activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening the Safety Net Act of 2006''. SEC. 2. REDISTRIBUTION AND EXTENDED AVAILABILITY OF UNEXPENDED MEDICAID DSH ALLOTMENTS. Section 1923(f) of the Social Security Act (42 U.S.C. 1396r-4(f)) is amended-- (1) in paragraph (3)(A), by striking ``paragraph (5)'' and inserting ``paragraphs (5) and (7)''; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6), the following new paragraph: ``(7) Redistribution and extended availability of unexpended allotments.-- ``(A) Establishment of redistribution pool.-- ``(i) In general.--Subject to clauses (ii) and (iii), the Secretary shall establish, as of October 1 of fiscal year 2007, and of each fiscal year thereafter, the following redistribution pool: ``(I) In the case of fiscal year 2007, a $150,000,000 redistribution pool from the total amount of the unexpended State DSH allotments for fiscal year 2004. ``(II) In the case of fiscal year 2008, a $250,000,000 redistribution pool from the total amount of the unexpended State DSH allotments for fiscal year 2005. ``(III) In the case of fiscal year 2009 and each succeeding fiscal year thereafter, a $400,000,000 redistribution pool from the total amount of the unexpended State DSH allotments for the third preceding fiscal year. ``(ii) Unexpended state dsh allotments.--If a State claims Federal financial participation for a payment adjustment made under this section for a fiscal year from which a redistribution pool of unexpended State DSH allotments has already been created under clause (i), then, for purposes of this paragraph, the total amount of unexpended State DSH allotments in the fiscal year following the State claim for such Federal financial participation, shall be reduced by the Federal financial participation related to such claim. ``(iii) Reduction in amounts available.--If the total amount of the unexpended State DSH allotments for a fiscal year (taking into account any adjustment to such amount required under clause (ii)) is less than the amount necessary to provide, for such fiscal year, the redistribution pool described in clause (i) and the amounts to be made available for grants under section 3(g) of the Strengthening the Safety Net Act of 2006 for such fiscal year, the Secretary shall reduce the amounts that are to be available for the redistribution pool under this paragraph and grants under such section, respectively, to such total amount. ``(B) Redistribution.-- ``(i) In general.--Not later than October 1, 2006, and October 1 of each year thereafter, the Secretary shall allot the redistribution pool established for that fiscal year among eligible States. ``(ii) Priority.--In making allotments under clause (i), the Secretary shall give priority-- ``(I) first to eligible States described in paragraph (5)(B) (without regard to the requirement that total expenditures under the State plan for disproportionate share hospital adjustments for fiscal year 2000 is greater than 0); and ``(II) then to eligible States whose State DSH allotment per medicaid enrollee and uninsured individual for the third preceding fiscal year is below the national average DSH allotment per medicaid enrollee and uninsured individual for that fiscal year. ``(C) Expenditure rules.--An amount allotted to a State from the redistribution pool established for a fiscal year-- ``(i) shall not be included in the determination of the State's DSH allotment for any fiscal year under this section; ``(ii) notwithstanding any other provision of law, shall remain available for expenditure by the State through the end of the second fiscal year after the fiscal year in which the allotment from the redistribution pool is made for expenditures incurred in any of such fiscal years; and ``(iii) shall only be used to make payment adjustments to disproportionate share hospitals in accordance with the requirements of this section. ``(D) Definitions.--In this paragraph: ``(i) Eligible state.--The term `eligible State' means, with respect to the fiscal year from which a redistribution pool is established under subparagraph (A)(i), a State that has expended at least 90 percent of the State DSH allotment for that fiscal year by the end of the succeeding fiscal year. ``(ii) State dsh allotment per medicaid enrollee and uninsured individual.--The term `State DSH allotment per medicaid enrollee and uninsured individual' means the amount equal to the State DSH allotment for a fiscal year divided by the sum of the number of individuals who received medical assistance under the State program under this title for that fiscal year and the number of State residents with no health insurance coverage for that fiscal year, as determined by the Bureau of the Census. ``(iii) National average dsh allotment per medicaid enrollee and uninsured individual.-- The term `national average DSH allotment per medicaid enrollee and uninsured individual' means the amount equal to the total amount of State DSH allotments for a fiscal year divided by the sum of the total number of individuals who received medical assistance under a State program under this title for that fiscal year and the total number of residents with respect to all States who did not have health insurance coverage for that fiscal year, as determined by the Bureau of the Census.''. SEC. 3. HEALTH SERVICES FOR THE UNINSURED. (a) Demonstration Grants to Health Access Networks.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall award demonstration grants to health access networks. (2) Application.--Each applying health access network shall submit a plan that meets the requirements of subsection (c) for the purpose of improving access, quality, and continuity of care for uninsured individuals through better coordination of care by the network. (3) Authority to limit number of grants.--The number of demonstration grants awarded under this section shall be limited, in the discretion of the Secretary, so that grants are sufficient to permit grantees to provide patient care services to no fewer than the number of uninsured individuals specified by each network in its grant application. (b) Definition of Health Access Network.-- (1) In general.--In this section, the term ``health access network'' means a collection of safety net providers, including hospitals, community health centers, public health departments, physicians, safety net health plans, or other recognized safety net providers organized for the purpose of restructuring and improving the access, quality, and continuity of care to the uninsured and underinsured, that offers patients access to all levels of care, including primary, outpatient, specialty, certain ancillary services, and acute inpatient care, within a community or across a broad spectrum of providers across a service region or State. (2) Inclusion of section 330 networks and plans.--The term ``health access network'' includes networks and plans that meet the requirements for funding under section 330(e)(1)(C) of the Public Health Service Act (42 U.S.C. 254b(e)(1)(C)). (3) Inclusion of integrated health care systems.-- (A) In general.--Such term also includes an integrated health care system (including a pediatric system). (B) Definition of integrated health care system.-- For purposes of this section, an integrated health care system (including a pediatric system) is a health care provider that is organized to provide care in a coordinated fashion and assures access to a full range of primary, specialty, and hospital care, to uninsured and under-insured individuals, as appropriate. (c) Plan Requirements.-- (1) In general.--A health access network that desires a grant under this section shall submit a plan to the Secretary that details how the network intends to-- (A) manage costs associated with the provision of health care services to uninsured and underinsured individuals served by the health access network; (B) improve access to, and the availability of, health care services provided to uninsured and underinsured individuals served by the health access network; (C) enhance the quality and coordination of health care services provided to uninsured and underinsured individuals served by the health access network; (D) improve the health status of uninsured and underinsured individuals served by the health access network; and (E) reduce health disparities in the population of uninsured and underinsured individuals served by the health access network. (2) Identification of measurable goals.--The health access network shall-- (A) identify in the plan measurable performance targets for at least 3 of the goals described in paragraph (1); and (B) agree that a portion of the payment of grant funds for patient care services after the first year for which such payment is made shall be contingent upon the health access network demonstrating success in achieving such targets. (d) Use of Funds.--A health access network that receives funds under this section shall expend-- (1) an amount equal to not less than 90 percent of such funds for direct patient care services; and (2) an amount equal to not more than 10 percent of such funds for the network's operation and development for the purpose of improving the efficiency and effectiveness of the business and clinical operations of providers within the health access network, including through the integration of management information systems (including development and implementation of electronic medical records) and financial, administrative, or clinical functions across providers. (e) Rule of Construction Regarding Direct Patient Care Services.-- With respect to health access networks described in subsection (b)(2), the term ``direct patient care services'' shall be construed to mean the provision or purchase of services, such as specialty medical care and diagnostic services, that are not available or are insufficiently available through the network's providers. In purchasing such services for uninsured and underinsured individuals, networks shall, to the maximum extent feasible, endeavor to purchase such services from safety net providers. (f) Supplement, not supplant.--Funds paid to a health access network under a grant made under this section shall supplement and not supplant, other Federal or State payments that are made to the health access network to support the provision of health care services to low- income or uninsured patients. (g) Funding.-- (1) Transfer of portion of unexpended dsh allotments.-- Notwithstanding any other provision of law, as of October 1 of fiscal year 2007, and each fiscal year thereafter, amounts described in paragraph (2) are hereby transferred from the total amount of the unexpended State DSH allotments under section 1923 of the Social Security Act (42 U.S.C. 1396r-4) and made available for grants under this section. (2) Amounts made available for grants.--The amounts to be made available under this section for each fiscal year beginning with fiscal year 2007 are equal to the redistribution pool amounts determined for each fiscal year under section 1923(f)(7)(A)(i) of the Social Security Act (42 U.S.C. 1396r- 4(f)(7)(A)(i)) (as amended by section 2(3) of the Strengthening the Safety Net Act of 2006).

Strengthening the Safety Act of 2006 - Amends title XIX (Medicaid) of the Social Security Act to provide for the redistribution and extended availability of unexpended Medicaid disproportionate share hospital (DSH) allotments. Directs the Secretary of Health and Human Services to award demonstration grants to health access networks to improve access, quality, and continuity of care for uninsured individuals through better coordination of care.

A bill to amend title XIX of the Social Security Act to provide for redistribution and extended availability of unexpended medicaid DSH allotments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fall River Water Users District Rural Water System Act of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) there are insufficient water supplies of reasonable quality available to the members of the Fall River Water Users District Rural Water System located in Fall River County, South Dakota, and the water supplies that are available are of poor quality and do not meet the minimum health and safety standards, thereby posing a threat to public health and safety; (2) past cycles of severe drought in the southeastern area of Fall River county have left local residents without a satisfactory water supply and during 1990, many home owners and ranchers were forced to haul water to sustain their water needs; (3) most members of the Fall River Water Users District are forced to either haul bottled water for human consumption or use distillers due to the poor quality of water supplies available; (4) the Fall River Water Users District Rural Water System has been recognized by the State of South Dakota; and (5) the best available, reliable, and safe rural and municipal water supply to serve the needs of the Fall River Water Users District Rural Water System members consists of a Madison Aquifer well, 3 separate water storage reservoirs, 3 pumping stations, and approximately 200 miles of pipeline. (b) Purposes.--The Congress declares that the purposes of sections 1 through 13 are to-- (1) ensure a safe and adequate municipal, rural, and industrial water supply for the members of the Fall River Water Users District Rural Water System in Fall River County, South Dakota; (2) assist the citizens of the Fall River Water Users District to develop safe and adequate municipal, rural, and industrial water supplies; and (3) promote the implementation of water conservation programs by the Fall River Water Users District Rural Water System. SEC. 3. DEFINITIONS. As used in this Act (unless the context clearly requires otherwise): (1) Engineering report.--The term ``engineering report'' means the study entitled ``Supplemental Preliminary Engineering Report for Fall River Water Users District'' in August 1995. (2) Project construction budget.--The term ``project construction budget'' means the description of the total amount of funds that are needed for the construction of the water supply system, as contained in the feasibility study. (3) Pumping and incidental operational requirements.--The term ``pumping and incidental operational requirements'' means all power requirements that are incidental to the operation of intake facilities, pumping stations, water treatment facilities, cooling facilities, reservoirs, and pipelines up to the point of delivery of water by the Fall River Water Users District Rural Water System to each entity that distributes water at retail to individual users. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Water supply system.--The term ``water supply system'' means the Fall River Water Users District Rural Water System that is established and operated substantially in accordance with the feasibility study. SEC. 4. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM. (a) In General.--The Secretary is authorized to make grants to the Fall River Water Users District Rural Water System, a nonprofit corporation, for the planning and construction of the water supply system. (b) Service Area.--The water supply system shall provide for safe and adequate municipal, rural, and industrial water supplies, mitigation of wetlands areas; and water conservation within the boundaries of the Fall River Water Users District, described as follows: bounded on the north by the Angostura Reservoir, the Cheyenne River, and the Fall River/Custer County line, bounded on the east by the Fall River/Shannon County line, bounded on the south by the South Dakota/Nebraska State line, and bounded on the west by the previously established Igloo-Provo Water Project District. (c) Amount of Grants.--Grants made available under subsection (a) to the Fall River Water Users District Rural Water System shall not exceed the amount authorized under section 10. (d) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for the construction of the water supply system until-- (1) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been met; (2) a final engineering report has been prepared and submitted to the Congress for a period of not less than 90 days before the commencement of construction of the system; and (3) a water conservation program has been developed and implemented. SEC. 5. WATER CONSERVATION. (a) Purpose.--The water conservation program required under this section shall be designed to ensure that users of water from the water supply system will use the best practicable technology and management techniques to conserve water use. (b) Description.--The water conservation programs shall include-- (1) low consumption performance standards for all newly installed plumbing fixtures; (2) leak detection and repair programs; (3) rate structures that do not include declining block rate schedules for municipal households and special water users (as defined in the feasibility study); (4) public education programs; and (5) coordinated operation between the Fall River Water Users District Rural Water System and any preexisting water supply facilities within its service area. (c) Review and Revision.--The programs described in subsection (b) shall contain provisions for periodic review and revision, in cooperation with the Secretary. SEC. 6. MITIGATION OF FISH AND WILDLIFE LOSSES. Mitigation of fish and wildlife losses incurred as a result of the construction and operation of the Fall River Water Users District Rural Water System shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction, as provided in the feasibility study. SEC. 7. USE OF PICK-SLOAN POWER. (a) In General.--From power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri River Basin Program, the Western Area Power Administration shall make available the capacity and energy required to meet the pumping and incidental operational requirements of the water supply system during the period beginning May 1, and ending October 31, of each year. (b) Conditions.--The capacity and energy described in subsection (a) shall be made available on the following conditions: (1) The water supply system shall be operated on a not-for- profit basis. (2) The water supply system shall contract to purchase its entire electric service requirements, including the capacity and energy made available under subsection (a), from a qualified preference power supplier that itself purchases power from the Western Area Power Administration. (3) The rate schedule applicable to the capacity and energy made available under subsection (a) shall be the firm power rate schedule of the Pick-Sloan Eastern Division of the Western Area Power Administration in effect when the power is delivered by the Administration. (4) It shall be agreed by contract among-- (A) the Western Area Power Administration; (B) the power supplier with which the water supply system contracts under paragraph (2); (C) the power supplier of the entity described in subparagraph (B); and (D) the Fall River Water Users District, that in the case of the capacity and energy made available under subsection (a), the benefit of the rate schedule described in paragraph (3) shall be passed through to the water supply system, except that the power supplier of the water supply system shall not be precluded from including, in the charges of the supplier to the water system for the electric service, the other usual and customary charges of the supplier. SEC. 8. NO LIMITATION ON WATER PROJECTS IN STATE. This Act shall not limit the authorization for water projects in South Dakota and under law in effect on or after the date of enactment of this Act. SEC. 9. WATER RIGHTS. Nothing in this Act-- (1) invalidates or preempts State water law or an interstate compact governing water; (2) alters the rights of any State to any appropriated share of the waters of any body of surface or ground water, whether determined by past or future interstate compacts or by past or future legislative or final judicial allocations; (3) preempts or modifies any Federal or State law, or interstate compact, dealing with water quality or disposal; or (4) confers on any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any ground water resource. SEC. 10. FEDERAL COST SHARE. The Secretary is authorized to provide funds equal to 80 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after August 1, 1995. SEC. 11. NON-FEDERAL COST SHARE. The non-Federal share of the costs allocated to the water supply system shall be 20 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after August 1, 1995. SEC. 12. BUREAU OF RECLAMATION AUTHORIZATION. (a) Authorization.--The Secretary is authorized to allow the Bureau of Reclamation to provide construction oversight to the water supply system for those areas of the water supply system that are described in section 4(b). (b) Project Oversight Administration.--The amount of funds used by the Bureau of Reclamation for planning and construction of the water supply system may not exceed an amount equal to 3 percent of the amount provided in the total project construction budget for the portion of the projects to be constructed in Fall River County, South Dakota. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $3,600,000 for the planning and construction of the water system under section 4, plus such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after August 1, 1995.

Fall River Water Users District Rural Water System Act of 1996 - Authorizes the Secretary of the Interior to make grants for the construction and operation of the Fall River Water Users District Rural Water System, Inc. Prohibits the obligation of System construction funds until: (1) Federal environmental compliance requirements have been met; (2) a final System engineering report has been prepared and submitted to the Congress for at least a 90-day period; and (3) a water conservation program has been developed and implemented. Requires the water conservation program to be designed to ensure that System water users will use the best practicable technology and management techniques to conserve water use. Requires the mitigation of fish and wildlife losses during System construction and operation. Directs the Western Area Power Administration to make available, from power produced under the Pick-Sloan Missouri River Basin Program, the capacity and energy required to meet the pumping and incidental operational requirements of the System from May 1 to October 31 of each year. Provides power use conditions. States that this Act does not limit: (1) the authorization for water projects in South Dakota under any law; or (2) current water rights. Provides the Federal share (80 percent) of System costs. Authorizes the Secretary to allow the Bureau of Reclamation to provide construction oversight to a specified service area within the System, limiting oversight costs. Authorizes appropriations.

Fall River Water Users District Rural Water System Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Ownership, Readiness, and Knowledge Act'' or the ``WORK Act''. SEC. 2. WORKER OWNERSHIP, READINESS, AND KNOWLEDGE. (a) Definitions.--In this section: (1) Existing program.--The term ``existing program'' means a program, designed to promote employee ownership and employee participation in business decisionmaking, that exists on the date the Secretary is carrying out a responsibility authorized by this section. (2) Initiative.--The term ``Initiative'' means the Employee Ownership and Participation Initiative established under subsection (b). (3) New program.--The term ``new program'' means a program, designed to promote employee ownership and employee participation in business decisionmaking, that does not exist on the date the Secretary is carrying out a responsibility authorized by this section. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor, acting through the Assistant Secretary for Employment and Training. (5) State.--The term ``State'' means any of the 50 States within the United States. (b) Employee Ownership and Participation Initiative.-- (1) Establishment.--The Secretary of Labor shall establish within the Employment and Training Administration of the Department of Labor an Employee Ownership and Participation Initiative to promote employee ownership and employee participation in business decisionmaking. (2) Functions.--In carrying out the Initiative, the Secretary shall-- (A) support within the States existing programs designed to promote employee ownership and employee participation in business decisionmaking; and (B) facilitate within the States the formation of new programs designed to promote employee ownership and employee participation in business decisionmaking. (3) Duties.--To carry out the functions enumerated in paragraph (2), the Secretary shall-- (A) support new programs and existing programs by-- (i) making Federal grants authorized under subsection (d); and (ii)(I) acting as a clearinghouse on techniques employed by new programs and existing programs within the States, and disseminating information relating to those techniques to the programs; or (II) funding projects for information gathering on those techniques, and dissemination of that information to the programs, by groups outside the Employment and Training Administration; and (B) facilitate the formation of new programs, in ways that include holding or funding an annual conference of representatives from States with existing programs, representatives from States developing new programs, and representatives from States without existing programs. (c) Programs Regarding Employee Ownership and Participation.-- (1) Establishment of program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to encourage new programs and existing programs within the States to foster employee ownership and employee participation in business decisionmaking throughout the United States. (2) Purpose of program.--The purpose of the program established under paragraph (1) is to encourage new programs and existing programs within the States that focus on-- (A) providing education and outreach to inform employees and employers about the possibilities and benefits of employee ownership, business ownership succession planning, and employee participation in business decisionmaking, including providing information about financial education, employee teams, open-book management, and other tools that enable employees to share ideas and information about how their businesses can succeed; (B) providing technical assistance to assist employee efforts to become business owners, to enable employers and employees to explore and assess the feasibility of transferring full or partial ownership to employees, and to encourage employees and employers to start new employee-owned businesses; (C) training employees and employers with respect to methods of employee participation in open-book management, work teams, committees, and other approaches for seeking greater employee input; and (D) training other entities to apply for funding under this subsection, to establish new programs, and to carry out program activities. (3) Program details.--The Secretary may include, in the program established under paragraph (1), provisions that-- (A) in the case of activities described in paragraph (2)(A)-- (i) target key groups, such as retiring business owners, senior managers, unions, trade associations, community organizations, and economic development organizations; (ii) encourage cooperation in the organization of workshops and conferences; and (iii) prepare and distribute materials concerning employee ownership and participation, and business ownership succession planning; (B) in the case of activities described in paragraph (2)(B)-- (i) provide preliminary technical assistance to employee groups, managers, and retiring owners exploring the possibility of employee ownership; (ii) provide for the performance of preliminary feasibility assessments; (iii) assist in the funding of objective third-party feasibility studies and preliminary business valuations, and in selecting and monitoring professionals qualified to conduct such studies; and (iv) provide a data bank to help employees find legal, financial, and technical advice in connection with business ownership; (C) in the case of activities described in paragraph (2)(C)-- (i) provide for courses on employee participation; and (ii) provide for the development and fostering of networks of employee-owned companies to spread the use of successful participation techniques; and (D) in the case of training described in paragraph (2)(D)-- (i) provide for visits to existing programs by staff from new programs receiving funding under this section; and (ii) provide materials to be used for such training. (4) Guidance.--The Secretary shall issue formal guidance, for recipients of grants awarded under subsection (d) and 1- stop partners affiliated with the statewide workforce investment systems described in section 2(6) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3101(6)), proposing that programs and other activities funded under this section be-- (A) proactive in encouraging actions and activities that promote employee ownership of, and participation in, businesses; and (B) comprehensive in emphasizing both employee ownership of, and participation in, businesses so as to increase productivity and broaden capital ownership. (d) Grants.-- (1) In general.--In carrying out the program established under subsection (c), the Secretary may make grants for use in connection with new programs and existing programs within a State for any of the following activities: (A) Education and outreach as provided in subsection (c)(2)(A). (B) Technical assistance as provided in subsection (c)(2)(B). (C) Training activities for employees and employers as provided in subsection (c)(2)(C). (D) Activities facilitating cooperation among employee-owned firms. (E) Training as provided in subsection (c)(2)(D) for new programs provided by participants in existing programs dedicated to the objectives of this section, except that, for each fiscal year, the amount of the grants made for such training shall not exceed 10 percent of the total amount of the grants made under this section. (2) Amounts and conditions.--The Secretary shall determine the amount and any conditions for a grant made under this subsection. The amount of the grant shall be subject to paragraph (6), and shall reflect the capacity of the applicant for the grant. (3) Applications.--Each entity desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (4) State applications.--Each State may sponsor and submit an application under paragraph (3) on behalf of any local entity consisting of a unit of State or local government, a State-supported institution of higher education, or a nonprofit organization that meets the requirements of this section. (5) Applications by entities.-- (A) Entity applications.--If a State fails to support or establish a program pursuant to this section during any fiscal year, the Secretary shall, in the subsequent fiscal years, allow local entities described in paragraph (4) from that State to make applications for grants under paragraph (3) on their own initiative. (B) Application screening.--Any State failing to support or establish a program pursuant to this section during any fiscal year may submit applications under paragraph (3) in the subsequent fiscal years but may not screen applications by local entities described in paragraph (4) before submitting the applications to the Secretary. (6) Limitations.--A recipient of a grant made under this subsection shall not receive, during a fiscal year, in the aggregate, more than the following amounts: (A) For fiscal year 2018, $300,000. (B) For fiscal year 2019, $330,000. (C) For fiscal year 2020, $363,000. (D) For fiscal year 2021, $399,300. (E) For fiscal year 2022, $439,200. (7) Annual report.--For each year, each recipient of a grant under this subsection shall submit to the Secretary a report describing how grant funds allocated pursuant to this subsection were expended during the 12-month period preceding the date of the submission of the report. (e) Evaluations.--The Secretary is authorized to reserve not more than 10 percent of the funds appropriated for a fiscal year to carry out this section for the purposes of conducting evaluations of the grant programs identified in subsection (d) and providing related technical assistance. (f) Reporting.--Not later than the expiration of the 36-month period following the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report-- (1) on progress related to employee ownership and participation in businesses in the United States; and (2) containing an analysis of critical costs and benefits of activities carried out under this section. (g) Authorizations of Appropriations.-- (1) In general.--There are authorized to be appropriated for the purpose of making grants pursuant to subsection (d) the following: (A) For fiscal year 2018, $3,850,000. (B) For fiscal year 2019, $6,050,000. (C) For fiscal year 2020, $8,800,000. (D) For fiscal year 2021, $11,550,000. (E) For fiscal year 2022, $14,850,000. (2) Administrative expenses.--There are authorized to be appropriated for the purpose of funding the administrative expenses related to the Initiative, for each of fiscal years 2018 through 2022, an amount not in excess of-- (A) $350,000; or (B) 5.0 percent of the maximum amount available under paragraph (1) for that fiscal year.

Worker Ownership, Readiness, and Knowledge Act or the WORK Act This bill requires the Department of Labor to: (1) establish within the Employment and Training Administration an Employee Ownership and Participation Initiative to promote employee ownership and participation in business decisionmaking; and (2) establish a program that may include grants for outreach, technical assistance, and training to encourage new and existing state programs to foster employee ownership and participation in business decisionmaking.

Worker Ownership, Readiness, and Knowledge Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Patient Access and Effective Drug Enforcement Act of 2016''. SEC. 2. REGISTRATION PROCESS UNDER CONTROLLED SUBSTANCES ACT. (a) Definitions.-- (1) Factors as may be relevant to and consistent with the public health and safety.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(j) In this section, the phrase `factors as may be relevant to and consistent with the public health and safety' means factors that are relevant to and consistent with the findings contained in section 101.''. (2) Imminent danger to the public health or safety.--Section 304(d) of the Controlled Substances Act (21 U.S.C. 824(d)) is amended-- (A) by striking ``(d) The Attorney General'' and inserting ``(d)(1) The Attorney General''; and (B) by adding at the end the following: ``(2) In this subsection, the phrase `imminent danger to the public health or safety' means that, due to the failure of the registrant to maintain effective controls against diversion or otherwise comply with the obligations of a registrant under this title or title III, there is a substantial likelihood of an immediate threat that death, serious bodily harm, or abuse of a controlled substance will occur in the absence of an immediate suspension of the registration.''. (b) Opportunity To Submit Corrective Action Plan Prior to Revocation or Suspension.--Subsection (c) of section 304 of the Controlled Substances Act (21 U.S.C. 824) is amended-- (1) by striking the last three sentences; (2) by striking ``(c) Before'' and inserting ``(c)(1) Before''; and (3) by adding at the end the following: ``(2) An order to show cause under paragraph (1) shall-- ``(A) contain a statement of the basis for the denial, revocation, or suspension, including specific citations to any laws or regulations alleged to be violated by the applicant or registrant; ``(B) direct the applicant or registrant to appear before the Attorney General at a time and place stated in the order, but not less than 30 days after the date of receipt of the order; and ``(C) notify the applicant or registrant of the opportunity to submit a corrective action plan on or before the date of appearance. ``(3) Upon review of any corrective action plan submitted by an applicant or registrant pursuant to paragraph (2), the Attorney General shall determine whether denial, revocation, or suspension proceedings should be discontinued, or deferred for the purposes of modification, amendment, or clarification to such plan. ``(4) Proceedings to deny, revoke, or suspend shall be conducted pursuant to this section in accordance with subchapter II of chapter 5 of title 5, United States Code. Such proceedings shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under this title or any other law of the United States. ``(5) The requirements of this subsection shall not apply to the issuance of an immediate suspension order under subsection (d).''. SEC. 3. REPORT TO CONGRESS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, the Administrator of the Substance Abuse and Mental Health Services Administration, the Director of the Agency for Healthcare Research and Quality, and the Director of the Centers for Disease Control and Prevention, in coordination with the Administrator of the Drug Enforcement Administration and in consultation with the Secretary of Defense and the Secretary of Veterans Affairs, shall submit a report to the Committee on the Judiciary of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on Health, Education, Labor, and Pensions of the Senate identifying-- (1) obstacles to legitimate patient access to controlled substances; (2) issues with diversion of controlled substances; (3) how collaboration between Federal, State, local, and tribal law enforcement agencies and the pharmaceutical industry can benefit patients and prevent diversion and abuse of controlled substances; (4) the availability of medical education, training opportunities, and comprehensive clinical guidance for pain management and opioid prescribing, and any gaps that should be addressed; (5) beneficial enhancements to State prescription drug monitoring programs, including enhancements to require comprehensive prescriber input and to expand access to the programs for appropriate authorized users; and (6) steps to improve reporting requirements so that the public and Congress have more information regarding prescription opioids, such as the volume and formulation of prescription opioids prescribed annually, the dispensing of such prescription opioids, and outliers and trends within large data sets. (b) Consultation.--The report under subsection (a) shall incorporate feedback and recommendations from the following: (1) Patient groups. (2) Pharmacies. (3) Drug manufacturers. (4) Common or contract carriers and warehousemen. (5) Hospitals, physicians, and other health care providers. (6) State attorneys general. (7) Federal, State, local, and tribal law enforcement agencies. (8) Health insurance providers and entities that provide pharmacy benefit management services on behalf of a health insurance provider. (9) Wholesale drug distributors. (10) Veterinarians. (11) Professional medical societies and boards. (12) State and local public health authorities. (13) Health services research organizations. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was reported to the Senate on February 11, 2016. Ensuring Patient Access and Effective Drug Enforcement Act of 2016 (Sec. 2) This bill amends the Controlled Substances Act to define phrases related to the Drug Enforcement Administration's (DEA's) authority to register manufacturers, distributors, and dispensers of controlled substances. Currently, the DEA registers a controlled substances manufacturer, distributor, or dispenser if it is in the public interest after considering certain factors, including factors relevant to and consistent with the public health and safety. This bill defines "factors as may be relevant to and consistent with the public health and safety" to mean factors relevant to and consistent with the specified purposes of the Controlled Substances Act. Additionally, current law allows the DEA to immediately suspend a registration to prevent imminent danger to the public health and safety. This bill defines "imminent danger to the public health and safety" to mean an immediate threat of death, serious bodily harm, or abuse of a controlled substance due to a registrant's failure to maintain effective controls against diversion. The bill revises and expands the required elements of an order to show cause issued by the DEA before it denies, revokes, or suspends a registration for a Controlled Substances Act violation. An order to show cause must specifically state the legal basis for the action and notify the registrant of the opportunity to submit a corrective action plan. (Sec. 3) The Food and Drug Administration, the Substance Abuse and Mental Health Services Administration, the Agency for Research and Quality, and the Centers for Disease Control and Prevention, in coordination with the DEA, must report to Congress on: obstacles to legitimate patient access to controlled substances; diversion of controlled substances; how collaboration between law enforcement agencies and the pharmaceutical industry can benefit patients and prevent diversion and abuse of controlled substances; the availability of and gaps in medical education, training opportunities, and comprehensive clinical guidance for pain management and opioid prescribing; enhancements to prescription drug monitoring programs; and improvements to prescription opioid reporting requirements.

Ensuring Patient Access and Effective Drug Enforcement Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Diesel Standard Act of 2006''. SEC. 2. ALTERNATIVE DIESEL FUEL CONTENT OF DIESEL. (a) Findings.--Congress finds that-- (1) section 211(o) of the Clean Air Act (42 U.S.C. 7535(o)) (as amended by section 1501 of the Energy Policy Act of 2005 (Public Law 109-58)) established a renewable fuel program under which entities in the petroleum sector are required to blend renewable fuels into motor vehicle fuel based on the gasoline motor pool; (2) the need for energy diversification is greater as of the date of enactment of this Act than it was only months before the date of enactment of the Energy Policy Act (Public Law 109-58; 119 Stat. 594); and (3)(A) the renewable fuel program under section 211(o) of the Clean Air Act requires a small percentage of the gasoline motor pool, totaling nearly 140,000,000,000 gallons, to contain a renewable fuel; and (B) the small percentage requirement described in subparagraph (A) does not include the 40,000,000,000-gallon diesel motor pool. (b) Alternative Diesel Fuel Program for Diesel Motor Pool.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by inserting after subsection (o) the following: ``(p) Alternative Diesel Fuel Program for Diesel Motor Pool.-- ``(1) Definition of alternative diesel fuel.-- ``(A) In general.--In this subsection, the term `alternative diesel fuel' means biodiesel (as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f))) and any blending components derived from alternative fuel (provided that only the alternative fuel portion of any such blending component shall be considered to be part of the applicable volume under the alternative diesel fuel program established by this subsection). ``(B) Inclusions.--The term `alternative diesel fuel' includes a diesel fuel substitute produced from-- ``(i) animal fat; ``(ii) plant oil; ``(iii) recycled yellow grease; ``(iv) single-cell or microbial oil; ``(v) thermal depolymerization; ``(vi) thermochemical conversion; ``(vii) a coal-to-liquid process (including the Fischer-Tropsch process) that provides for the sequestration of carbon emissions; or ``(viii) a diesel-ethanol blend of not less than 7 percent ethanol. ``(2) Alternative diesel fuel program.-- ``(A) Regulations.-- ``(i) In general.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate regulations to ensure that diesel sold or introduced into commerce in the United States (except in noncontiguous States or territories), on an annual average basis, contains the applicable volume of alternative diesel fuel determined in accordance with subparagraph (B). ``(ii) Provisions of regulations.-- Regardless of the date of promulgation, the regulations promulgated under clause (i)-- ``(I) shall contain compliance provisions applicable to refineries, blenders, distributors, and importers, as appropriate, to ensure that the requirements of this paragraph are met; but ``(II) shall not-- ``(aa) restrict geographic areas in which alternative diesel fuel may be used; or ``(bb) impose any per- gallon obligation for the use of alternative diesel fuel. ``(iii) Requirement in case of failure to promulgate regulations.--If the Administrator fails to promulgate regulations under clause (i), the percentage of alternative diesel fuel in the diesel motor pool sold or dispensed to consumers in the United States, on a volume basis, shall be 0.6 percent for calendar year 2008. ``(B) Applicable volume.-- ``(i) Calendar years 2008 through 2015.-- For the purpose of subparagraph (A), the applicable volume for any of calendar years 2008 through 2015 shall be determined in accordance with the following table: ``Applicable volume of Alternative diesel fuel in diesel motor pool (in millions of Calendar year: gallons): 250.................................................... 2008 500.................................................... 2009 750.................................................... 2010 1,000.................................................. 2011 1,250.................................................. 2012 1,500.................................................. 2013 1,750.................................................. 2014 2,000.................................................. 2015 ``(ii) Calendar year 2016 and thereafter.-- The applicable volume for calendar year 2016 and each calendar year thereafter shall be determined by the Administrator, in coordination with the Secretary of Agriculture and the Secretary of Energy, based on a review of the implementation of the program during calendar years 2008 through 2015, including a review of-- ``(I) the impact of the use of alternative diesel fuels on the environment, air quality, energy security, job creation, and rural economic development; and ``(II) the expected annual rate of future production of alternative diesel fuels to be used as a blend component or replacement to the diesel motor pool. ``(iii) Minimum applicable volume.--For the purpose of subparagraph (A), the applicable volume for calendar year 2016 and each calendar year thereafter shall be equal to the product obtained by multiplying-- ``(I) the number of gallons of diesel that the Administrator estimates will be sold or introduced into commerce during the calendar year; and ``(II) the ratio that-- ``(aa) 2,000,000,000 gallons of alternative diesel fuel; bears to ``(bb) the number of gallons of diesel sold or introduced into commerce during calendar year 2015. ``(3) Applicable percentages.-- ``(A) Provision of estimate of volumes of diesel sales.--Not later than October 31 of each of calendar years 2007 through 2015, the Administrator of the Energy Information Administration shall provide to the Administrator an estimate, with respect to the following calendar year, of the volumes of diesel projected to be sold or introduced into commerce in the United States. ``(B) Determination of applicable percentages.-- ``(i) In general.--Not later than November 30 of each of calendar years 2008 through 2015, based on the estimate provided under subparagraph (A), the Administrator shall determine and publish in the Federal Register, with respect to the following calendar year, the alternative diesel fuel obligation that ensures that the requirements of paragraph (2) are met. ``(ii) Required elements.--The alternative diesel fuel obligation determined for a calendar year under clause (i) shall-- ``(I) be applicable to refineries, blenders, and importers, as appropriate; ``(II) be expressed in terms of a volume percentage of diesel sold or introduced into commerce in the United States; and ``(III) subject to subparagraph (C), consist of a single applicable percentage that applies to all categories of persons described in subclause (I). ``(C) Adjustments.--In determining the applicable percentage for a calendar year, the Administrator shall make adjustments to prevent the imposition of redundant obligations on any person described in subparagraph (B)(ii)(I). ``(4) Credit program.-- ``(A) In general.--The regulations promulgated pursuant to paragraph (2)(A) shall provide for the generation of an appropriate amount of credits by any person that refines, blends, or imports diesel that contains a quantity of alternative diesel fuel that is greater than the quantity required under paragraph (2). ``(B) Use of credits.--A person that generates a credit under subparagraph (A) may use the credit, or transfer all or a portion of the credit to another person, for the purpose of complying with regulations promulgated pursuant to paragraph (2). ``(C) Duration of credits.--A credit generated under this paragraph shall be valid during the 1-year period beginning on the date on which the credit is generated. ``(D) Inability to generate or purchase sufficient credits.--The regulations promulgated pursuant to paragraph (2)(A) shall include provisions allowing any person that is unable to generate or purchase sufficient credits under subparagraph (A) to meet the requirements of paragraph (2) by carrying forward a credit generated during a previous year on the condition that the person, during the calendar year following the year in which the alternative diesel fuel deficit is created-- ``(i) achieves compliance with the alternative diesel fuel requirement under paragraph (2); and ``(ii) generates or purchases additional credits under subparagraph (A) to offset the deficit of the previous year. ``(5) Waivers.-- ``(A) In general.--The Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, may waive the requirements of paragraph (2) in whole or in part on receipt of a petition of 1 or more States by reducing the national quantity of alternative diesel fuel for the diesel motor pool required under paragraph (2) based on a determination by the Administrator, after public notice and opportunity for comment, that-- ``(i) implementation of the requirement would severely harm the economy or environment of a State, a region, or the United States; or ``(ii) there is an inadequate domestic supply of alternative diesel fuel. ``(B) Petitions for waivers.--Not later than 90 days after the date on which the Administrator receives a petition under subparagraph (A), the Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, shall approve or disapprove the petition. ``(C) Termination of waivers.-- ``(i) In general.--Except as provided in clause (ii), a waiver under subparagraph (A) shall terminate on the date that is 1 year after the date on which the waiver is provided. ``(ii) Exception.--The Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, may extend a waiver under subparagraph (A), as the Administrator determines to be appropriate.''. (c) Penalties and Enforcement.--Section 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is amended-- (1) in paragraph (1), by striking ``or (o)'' each place it appears and inserting ``(o), or (p)''; and (2) in paragraph (2), by striking ``and (o)'' each place it appears and inserting ``(o), and (p)''. (d) Technical Amendments.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended-- (1) in subsection (i)(4), by striking ``section 324'' each place it appears and inserting ``section 325''; (2) in subsection (k)(10), by indenting subparagraphs (E) and (F) appropriately; (3) in subsection (n), by striking ``section 219(2)'' and inserting ``section 216(2)''; (4) by redesignating the second subsection (r) and subsection (s) as subsections (s) and (t), respectively; and (5) in subsection (t)(1) (as redesignated by paragraph (4)), by striking ``this subtitle'' and inserting ``this part''.

Alternative Diesel Standard Act of 2006 - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to ensure that diesel sold or introduced into commerce in the United States, on an annual average basis, contains the applicable volume of alternative diesel fuel (increasing from 250 million gallons in 2008 to 2 billion gallons in 2015 and determined per a prescribed formula thereafter). Requires the regulations to: (1) contain compliance provisions applicable to refineries, blenders, distributors, and importers; (2) not restrict areas in which alternative diesel fuel may be used; and (3) not impose any per-gallon obligation for the use of alternative diesel fuel. Requires alternative diesel fuel to constitute 0.6% of diesel dispensed in 2008 if the Administrator fails to promulgate such regulations. Requires EPA to determine and publish the alternative diesel fuel obligation as a percentage of diesel each year for 2008-2015. Requires such regulations to provide for the generation of an appropriate amount of transferable credits by any person that refines, blends, or imports diesel that contains a quantity of alternative diesel fuel greater than required. Authorizes the Administrator to waive alternative diesel fuel requirements on receipt of a state petition by reducing the quantity of alternative diesel fuel required based on a determination that: (1) implementation of the requirement would severely harm the economy or environment of a state, a region, or the United States; or (2) there is inadequate domestic supply of alternative diesel fuel.

A bill to establish an alternative diesel standard, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``September 11 Family Humanitarian Relief and Patriotism Act''. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT VICTIMS OF TERRORISM. (a) Adjustment of Status.-- (1) In general.--The status of any alien described in subsection (b) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment not later than 2 years after the date on which the Secretary promulgates final regulations to implement this section; and (B) is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (2) Rules in applying certain provisions.--In the case of an alien described in subsection (b) who is applying for adjustment of status under this section-- (A) the provisions of section 241(a)(5) of the Immigration and Nationality Act shall not apply; and (B) the Secretary of Homeland Security may grant the alien a waiver of the grounds of inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such Act. In granting waivers under subparagraph (B), the Secretary shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9). (3) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Secretary of Homeland Security grants the application, the Secretary shall cancel the order. If the Secretary renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.--The benefits provided by subsection (a) shall apply to any alien who-- (1) was lawfully present in the United States as a nonimmigrant alien described in section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on September 10, 2001; (2) was, on such date, the spouse, child, dependent son, or dependent daughter of an alien who-- (A) was lawfully present in the United States as a nonimmigrant alien described in section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on such date; and (B) died as a direct result of a specified terrorist activity; and (3) was deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001 (42 U.S.C. 40101). (c) Stay of Removal; Work Authorization.-- (1) In general.--The Secretary of Homeland Security and the Attorney General shall provide by regulation for an alien subject to a final order of removal to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Attorney General shall not order any alien to be removed from the United States, if the alien is in removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Secretary has rendered a final administrative determination to deny the application. (3) Work authorization.--The Secretary of Homeland Security shall authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application. (d) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. SEC. 3. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT VICTIMS OF TERRORISM. (a) In General.--Subject to the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), other than subsections (b)(1), (d)(1), and (e) of section 240A of such Act (8 U.S.C. 1229b), the Attorney General shall, under such section 240A, cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien described in subsection (b), if the alien applies for such relief. (b) Aliens Eligible for Cancellation of Removal.--The benefits provided by subsection (a) shall apply to any alien who-- (1) was, on September 10, 2001, the spouse, child, dependent son, or dependent daughter of an alien who died as a direct result of a specified terrorist activity; and (2) was deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101). (c) Stay of Removal; Work Authorization.-- (1) In general.--The Secretary of Homeland Security and the Attorney General shall provide by regulation for an alien subject to a final order of removal to seek a stay of such order based on the filing of an application under subsection (a). (2) Work authorization.--The Secretary of Homeland Security shall authorize an alien who has applied for cancellation of removal under subsection (a) to engage in employment in the United States during the pendency of such application. (d) Motions To Reopen Removal Proceedings.--Notwithstanding any limitation imposed by law on motions to reopen removal proceedings (except limitations premised on an alien's conviction of an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43))), any alien who has become eligible for cancellation of removal as a result of the enactment of this section may file one motion to reopen removal proceedings to apply for such relief. The Secretary of Homeland Security and the Attorney General shall designate a specific time period in which all such motions to reopen are required to be filed. The period shall begin not later than 60 days after the date of the enactment of this Act and shall extend for a period not to exceed 240 days. SEC. 4. EXCEPTIONS. Notwithstanding any other provision of this Act, an alien may not be provided relief under this Act if the alien is-- (1) inadmissible under paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), or deportable under paragraph (2) or (4) of section 237(a) of such Act (8 U.S.C. 1227(a)), including any individual culpable for a specified terrorist activity; or (2) a member of the family of an alien described in paragraph (1). SEC. 5. EVIDENCE OF DEATH. For purposes of this Act, the Secretary of Homeland Security and the Attorney General shall use the standards established under section 426 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 in determining whether death occurred as a direct result of a specified terrorist activity. SEC. 6. DEFINITIONS. (a) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this Act, the definitions used in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (excluding the definitions applicable exclusively to title III of such Act) shall apply in the administration of this Act. (b) Specified Terrorist Activity.--For purposes of this Act, the term ``specified terrorist activity'' means any terrorist activity conducted against the Government or the people of the United States on September 11, 2001.

September 11 Family Humanitarian Relief and Patriotism Act - (Sec. 2) Provides permanent resident status adjustment for an applicant alien who was: (1) lawfully present in the United States on September 10, 2001, and on such date was the spouse, child, or dependent son or daughter of a lawful nonimmigrant alien who died as a result of the September 11, 2001, terrorist attacks against the United States; and (2) deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001. Waives specified grounds of inadmissibility. Provides for: (1) stay of removal; (2) work authorization; and (3) availability of administrative review. Requires that applications be filed within two years after the Secretary of Homeland Security promulgates final implementing regulations. Authorizes an alien who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States to apply for such status adjustment. Prohibits such alien from being required to file a separate motion to reopen exclusion, deportation, or removal proceedings. (Sec. 3) Provides cancellation of removal and permanent resident status adjustment for an applicant alien who was: (1) on September 10, 2001, the spouse, child, or dependent son or daughter of a lawful nonimmigrant alien who died as a result of the September 11, 2001, terrorist attacks against the United States; and (2) deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001. Provides for: (1) stay of removal; (2) work authorization; and (3) authority to file one motion to reopen exclusion, deportation or removal proceedings in order to apply for such relief. (Sec. 4) Makes the provisions of this Act inapplicable to an alien who is: (1) inadmissible or deportable under criminal or security grounds, including September 11, 2001, terrorist activity; or (2) a family member of such an alien. (Sec. 5) Directs the Secretary and the Attorney General to use the standards established under the USA PATRIOT Act of 2001 in determining whether death occurred as a direct result of the September 11, 2001, terrorist attacks against the United States. (Sec. 6) Defines terms.

To provide the nonimmigrant spouses and children of nonimmigrant aliens who perished in the September 11 terrorist attacks an opportunity to adjust their status to that of an alien lawfully admitted for permanent residence, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamline America's Future Energy Nuclear Act''. SEC. 2. PUBLIC HEALTH AND SAFETY. Nothing in this Act shall supersede, mitigate, detract from, or in anyway decrease the Nuclear Regulatory Commission's ability to maintain the highest possible levels of public health and safety standards, consistent with the provisions of the Atomic Energy Act of 1954. No authority granted by this Act shall be executed in a manner that jeopardizes, minimizes, reduces, or lessens public health and safety standards. SEC. 3. STREAMLINING COMBINED CONSTRUCTION AND OPERATING LICENSE. (a) In General.--The Nuclear Regulatory Commission shall establish and implement an expedited procedure for issuing a Combined Construction and Operating License. (b) Qualifications.--To qualify for the expedited procedure under this section, an applicant shall-- (1) apply for construction of a reactor based on a design approved by the Nuclear Regulatory Commission; (2) construct the new reactor on or adjacent to a site where an operating nuclear power plant already exists; (3) not be subject to a Nuclear Regulatory Commission order to modify, suspend, or revoke a license under section 2.202 of title 10, Code of Federal Regulations; and (4) submit a complete Combined Construction and Operating License application that is docketed by the Commission. (c) Expedited Procedure.--With respect to a license for which the applicant has satisfied the requirements of subsection (b) and seeks fast track consideration, the Nuclear Regulatory Commission shall follow the following procedures: (1) Undertake an expedited environmental review process and issue a draft Environmental Impact Statement within 12 months after the application is accepted for docketing. (2) Complete any public licensing hearings and related processes within 24 months of accepting for docketing the expedited Combined Construction and Operating License application. Such hearings shall begin with the issuance of a draft Environmental Impact Statement. (3) Complete the technical review process and issue the Safety Evaluation Report and the final Environmental Impact Statement within 18 months after the application is accepted for docketing. (4) Make a final decision on whether to issue the Combined Construction and Operating License within 25 months after docketing the application. (d) Goals.--The Nuclear Regulatory Commission shall present recommendations to Congress within 90 days of the date of enactment of this Act for procedures that would further facilitate the licensing of new nuclear reactors in a timely manner. SEC. 4. REACTOR DESIGN CERTIFICATION. The Nuclear Regulatory Commission shall reduce by one half the time necessary to certify a reactor design and may include designs under consideration for certification by the Nuclear Regulatory Commission as of the date of enactment of this Act. Such a schedule shall be presented to Congress within one year of date of enactment of this Act. SEC. 5. TECHNOLOGY NEUTRAL PLANT DESIGN SPECIFICATIONS. Within one year of date of enactment of this Act, the Nuclear Regulatory Commission shall outline to the Congress an approach that will allow the Nuclear Regulatory Commission to develop technology- neutral guidelines for nuclear plant licensing in the future that would allow for the more seamless entry of new technologies into the marketplace. SEC. 6. ADDITIONAL FUNDING AND PERSONNEL RESOURCES. Not later than 90 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall transmit to the Congress a request for such additional funding and personnel resources as are necessary to carry out sections 2 through 5 without delaying consideration of applications for Combined Construction and Operating Licenses or reactor design certifications not subject to expedited procedures under this Act. SEC. 7. NATIONAL LABORATORY SUPPORT. Each national laboratory with expertise in the nuclear field shall, in coordination with the Nuclear Regulatory Commission, dedicate personnel to supporting either or both the expedited licensing procedures under section 3 and the expedited design certification procedures under section 4. SEC. 8. EDUCATIONAL PROGRAM FUNDS. To both support the Nation's effort to efficiently license new nuclear power plants and build the expertise and workforce necessary to regulate and operate those plants, the Nuclear Regulatory Commission and the Department of Energy shall direct educational funding to programs to enhance or directly support the activities authorized by this Act. SEC. 9. NATIONAL NUCLEAR ENERGY COUNCIL. (a) In General.-- (1) The Secretary of Energy shall establish a National Nuclear Energy Council (in this section referred to as the ``Council''). (2) The Council shall be subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.). (b) Purpose.--The Council shall-- (1) serve in an advisory capacity to the Secretary of Energy regarding nuclear energy on matters submitted to the Council by the Secretary of Energy; (2) advise, inform, and make recommendations to the Secretary of Energy with respect to any matter relating to nuclear energy; (3) help nuclear energy related investors to navigate the Federal bureaucracy to efficiently bring their products and services to the marketplace; and (4) not participate in any research and development or commercialization activities. (c) Membership and Organization.-- (1) The members of the Council shall be appointed by the Secretary of Energy. (2) The Council may establish such study and administrative committees as it considers appropriate. SEC. 10. NUCLEAR POWER 2010. There are authorized to be appropriated for the Nuclear Power 2010 $121,000,000 to accomplish its original mission of defining the plant permitting and design certification process by September 30, 2010, at which date the program shall cease to exist. SEC. 11. NEXT GENERATION NUCLEAR POWER PLANT. The Department of Energy and the Nuclear Regulatory Commission shall reevaluate the Next Generation Nuclear Power Plant schedule with the purpose of significant acceleration. Within 180 days of the date of enactment of this Act, program managers shall submit to the Congress a revised schedule, including funding requirements, that would allow for program completion as near as is possible to 2015 (halving the current schedule of program completion in 2021). SEC. 12. URANIUM MINING ON FEDERAL LANDS. The Federal Land Policy and Management Act of 1976 shall not be used to arbitrarily prevent uranium mining from taking place on Federal lands. The Federal Government shall not collect additional leasing fees, beyond that which are currently applicable, to mine uranium on Federal lands. Any fees collected in association with commercial uranium mining on Federal lands that should be applied for remediation purposes, shall only be applied to the remediation of sites that incurred damage as a result of commercial nuclear activities. Such fees shall not be applied to the remediation of any sites that incurred damage as a result of Government or Government-sponsored activities.

Streamline America's Future Energy Nuclear Act - Directs the Nuclear Regulatory Commission (NRC) to establish and implement an expedited procedure for issuing a Combined Construction and Operating License for a nuclear reactor. Directs the NRC to: (1) reduce by one-half the time necessary for reactor design certification; and (2) outline to Congress an approach that will allow the NRC to develop technology-neutral guidelines for future nuclear plant licensing. Instructs the NRC to request additional funding and personnel resources from Congress to implement this Act without delaying consideration of applications for Combined Construction and Operating Licenses or reactor design certifications not subject to expedited procedures under this Act. Requires each national laboratory with expertise in the nuclear field to dedicate personnel to support expedited licensing and design certification procedures. Directs the NRC and the Department of Energy (DOE) to direct educational funding to programs to enhance or directly support the activities authorized by this Act. Instructs the Secretary of Energy to establish a National Nuclear Energy Council. Authorizes appropriations for the Nuclear Power 2010 program. Directs DOE and the NRC to reevaluate the Next Generation Nuclear Power Plant schedule for purposes of significant acceleration. Prohibits use of the Federal Land Policy and Management Act of 1976 to arbitrarily prevent uranium mining on federal lands. Prohibits the federal government from collecting additional leasing fees, beyond those currently applicable to mine uranium on federal lands. Requires that any remediation fees collected in association with commercial uranium mining on federal lands be applied only to remediation of sites that incurred damage as a result of commercial nuclear activities. Prohibits the application of such fees to remediation of sites that incurred damage as a result of government or government-sponsored activities.

To establish an expedited schedule for the issuance of a Combined Construction and Operating License for nuclear reactors that meet certain conditions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Children's Protection Act''. SEC. 2. STATE LAWS. (a) Law Required.--Each State shall pass and implement a law requiring, at a minimum-- (1) any person who knows or has reasonable cause to believe or suspect that a child has been subjected to child abuse or neglect or who observes any child being subjected to conditions or circumstances that would reasonably result in child abuse or neglect, shall immediately report it to the child protective agency or local law enforcement agency; and (2) any person, official, institution or agency participating in good faith in any act required to report child abuse or neglect is immune from any civil or criminal liability that might otherwise result by reason of the action. Immunity shall not be accorded to persons acting in bad faith. (b) Penalty.--A State that fails to pass and implement the requirements of this section within 1 year of the enactment of this Act, shall-- (1) forfeit the ability to reserve up to 10 percent of its grants under the Edward Byrne Memorial Justice Assistance Grant Program under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(e)) for administrative use; and (2) be required to return to the Federal Government the portion of their Byrne Justice Assistance Grant funding used for such purpose in the prior fiscal year. (c) Preemption.--Nothing in this section shall preempt the right of a State to protect privileged communications. SEC. 3. FEDERAL ASSISTANCE FOR CRIMES AGAINST CHILDREN. (a) In General.--At the request of a State, Indian tribal government, or unit of local government, the Attorney General shall provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that-- (1) constitutes a felony under the laws of the State or Indian tribe; and (2) is committed against an individual under 18 years of age. (b) Priority.--If the Attorney General determines that there are insufficient resources to fulfill requests made pursuant to subsection (a), the Attorney General shall give priority to requests for assistance to-- (1) crimes committed by, or believed to be committed by, offenders who have committed crimes in more than 1 State; and (2) jurisdictions that have limited resources and difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime. (c) Reporting Requirements.-- (1) In general.--Every 180 days following the date of enactment of this Act, the Attorney General shall submit to Congress a report on applications for Federal assistance under this section, and Federal assistance provided under this section. (2) Contents.--Each report under paragraph (1) shall include-- (A) a listing of all applications for Federal assistance under this section during the previous 180 days; (B) a description of each application submitted during the previous 180 days, whether approved, denied, or pending, including the name of the requesting party and the nature of the request for assistance; (C) reasons for approval or denial of each application, and the persons involved in the review and decisionmaking process for each application; and (D) if Federal assistance was provided, a description of the assistance provided, including the date on which the assistance was provided. SEC. 4. ENHANCED TRACKING AND COORDINATION OF FBI EFFORTS IN ADDRESSING CRIMES AGAINST CHILDREN. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall submit a report to the appropriate committees of Congress, the Director of the Office of Management and Budget and the Domestic Policy Council that sets forth the proposed systems, procedures and protocols developed and implemented in response to Chapter 3 of the Office of Inspector General's Audit Report 09-08 (January 2009) entitled ``The Federal Bureau of Investigation's Efforts to Combat Crimes Against Children,'' including any additional funding needs for development and implementation of the recommendations. (b) Content.--If any recommendation proposed in the Office of Inspector General's Audit Report 09-08 (January 2009) remains incomplete or has not been implemented at the time the report required under subsection (a) is prepared, the report shall describe-- (1) the reasons that the remaining recommendation has not been implemented; or (2) a specific action plan for implementing or completing implementation of the remaining recommendation. (c) Appropriate Committees.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on the Judiciary, the Committee on Appropriations, and the Committee on Health, Education, Labor, and Pensions of the Senate; and (2) the Committee on the Judiciary, the Committee on Appropriations, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as needed to carry out this section.

State Children's Protection Act - Requires each state to pass and implement a law: (1) requiring any person who knows or has reasonable cause to believe or suspect that a child has been subjected to child abuse or neglect, or who observes any child being subjected to conditions or circumstances that would reasonably result in child abuse or neglect, to report it immediately to the child protective agency or local law enforcement agency; and (2) immunizing from civil or criminal liability that might otherwise result from the action any person, official, institution or agency participating in good faith in any action required to report child abuse or neglect. Denies such immunity to persons acting in bad faith. Prescribes forfeiture for administrative use of up to 10% of an Edward Byrne Memorial Justice Assistance Grant as a penalty for any state that fails to implement the requirements of this Act. Directs the Attorney General, at the request of a state, Indian tribal, or local government, to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of felonies against individuals under age 18. Directs the Attorney General to report to Congress, the Director of the Office of Management and Budget (OMB), and the Domestic Policy Council proposed systems, procedures, and protocols developed and implemented in response to Chapter 3 of the Office of Inspector General's Audit Report 09-08 (January 2009) entitled "The Federal Bureau of Investigation's Efforts to Combat Crimes Against Children."

A bill to protect children from abuse and neglect.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Philanthropy Account Act of 2005''. SEC. 2. PERSONAL PHILANTHROPY ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. PERSONAL PHILANTHROPY ACCOUNTS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of such individual to a personal philanthropy account of such individual. ``(b) Personal Philanthropy Account.--For purposes of this section, the term `personal philanthropy account' means a trust created or organized in the United States exclusively for the purpose of making distributions for the charitable purposes designated by an individual who is the account holder of the trust (and designated as an personal philanthropy account at the time created or organized), but only if the written governing instrument creating the trust meets the following requirements: ``(1) No contribution will be accepted unless it is in cash. ``(2) The trustee is a bank (as defined in section 408(n)), community foundation, or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section or who has so demonstrated with respect to any personal philanthropy account and who is not disqualified under subsection (f). ``(3) No part of the trust assets will be invested in life insurance contracts. ``(4) The assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Default distribution rules.-- ``(A) In general.--No account shall be treated as a personal philanthropy account unless at all times there are in effect qualified default charitable organization designations under subparagraphs (B) and (C). ``(B) Qualified default charitable organization designation.--For purposes of subparagraph (A), a qualified default charitable organization designation in effect under this subparagraph is the designation by the account holder of an organization to which the remainder of such account may be made in the form of a qualified philanthropy payment upon the death of the account holder in any case in which the account holder fails to provide by will or other suitable estate document for the distribution of the assets of such account. ``(C) Trustee designation.--For purposes of subparagraph (A), a qualified default charitable organization designation in effect under this subparagraph is the designation by the trustee of the personal philanthropy account of an organization to which a payment under subparagraph (B) will be made if the organization designated under subparagraph (B) is not qualified to receive a qualified philanthropy payment at the time of such payment. ``(2) Minimum distribution requirements.-- ``(A) In general.--No account shall be treated as a personal philanthropy account for a taxable year unless such account meets the minimum distribution requirements for such taxable year. ``(B) Minimum distribution requirement.--An account meets the minimum distribution requirements for a taxable year if the aggregate distributions from the account for the taxable year are not less than 5 percent of the balance of such account as of the last day of the preceding taxable year. ``(C) Exception for accounts with a balance of less than $10,000.--Subparagraph (A) shall not apply to any account for a taxable year if the balance of such account as of the last day of the preceding taxable year is less than $10,000. ``(3) Denial of deduction to dependents.--No deduction shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(4) Community foundation.--For purposes of this section, the term `community foundation' means a non-sectarian organization-- ``(A) whose long-term goal is to build permanent, named component funds established by many separate donors for the broad-based charitable benefit of the residents of a defined geographic area, and ``(B) which-- ``(i) is described in section 501(c)(3) and exempt from tax under section 501(a), ``(ii) is not a private foundation, and ``(iii) is not controlled directly or indirectly by one or more disqualified persons (as defined in section 4946, determined without regard to subsection (a)(1)(B) thereof). ``(d) Tax Treatment of Distributions.-- ``(1) In general.--Any distribution from a personal philanthropy account shall be includible in the gross income of the account holder in the manner as provided in section 72. ``(2) Qualified philanthropy payments.-- ``(A) In general.--No amount shall be includible in gross income under paragraph (1) to the extent that such distribution is a qualified philanthropy payment. ``(B) Qualified philanthropy payment defined.--For purposes of this section, the term `qualified philanthropy payment' means a distribution from a personal philanthropy account-- ``(i) which is made, pursuant to a request by the account holder, by the trustee of the account within 30 days after receipt by the trustee of a certification under subparagraph (C), and ``(ii) which is paid for a purpose specified in section 170(c). A trustee who fails to meet the 30-day requirement of clause (i) shall be subject to disqualification as a trustee. ``(C) Organization certification.--For purposes of subparagraph (B)(i), a certification under this subparagraph is a certification by an organization pursuant to a written request by the trustee of a personal philanthropy account that the organization is an organization which-- ``(i) is described in section 501(c)(3) and exempt from tax under section 501(a), and ``(ii) is not a personal philanthropy account. ``(D) Coordination with charitable contributions.-- ``(i) No deduction shall be allowed under sections 170, 642(c), 2055, 2106(a)(2), or 2522 for any amount excluded from gross income under subparagraph (A), ``(ii) under regulations, the amount allowable as a deduction under sections 170, 642(c), 2055, 2106(a)(2), or 2522 (as appropriate) for the taxable year (without regard to this clause) shall be reduced by the amount excluded from gross income for the taxable year under subparagraph (A), and ``(iii) section 170(d) shall not apply to any amount excluded from gross income under subparagraph (A). ``(3) Rollover contributions.-- ``(A) In general.--Paragraph (1) shall not apply to any amount paid or distributed from a personal philanthropy account to the extent that the amount received is paid, not later than the 60th day after the date of such payment or distribution, into another personal philanthropy account of the same account holder. The preceding sentence shall not apply to any payment or distribution if it applied to any prior payment or distribution during the 12-month period ending on the date of the payment or distribution. ``(B) Heir.--Paragraph (1) shall not apply to any amount paid or distributed from a personal philanthropy account of a decedent to the extent that the amount received is paid, not later than the 60th day after the date of such payment or distribution, into the personal philanthropy account of an heir of the decedent, as designated by the will of the decedent. ``(e) Tax Treatment of Account.-- ``(1) In general.--A personal philanthropy account shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, the personal philanthropy account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(2) Account terminations.--Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to any personal philanthropy account. ``(f) Disqualification of Trustee.--The trustee of a personal philanthropy account shall not be qualified to be a trustee of such account after a final determination by the Secretary that the trustee has disbursed more than 10 percent of its payments from personal philanthropy accounts to non-qualifying organizations in a calendar year. ``(g) Reports.--The trustee of a personal philanthropy account shall make such reports regarding such account to the Secretary and to the holder the account with respect to contributions, distributions, and such other matters as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required.''. (b) Deduction Allowed Whether or not Individual Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting before the flush sentence at the end the following new paragraph: ``(21) Personal philanthropy accounts.--The deduction allowed under section 224.''. (c) Exclusion for Employer Contributions to Personal Philanthropy Accounts.-- (1) In general.--Part III of subchapter B of chapter 1 of such Code is amended by inserting after section 139A the following new section: ``SEC. 139B. CONTRIBUTIONS BY EMPLOYER TO PERSONAL PHILANTHROPY ACCOUNTS. ``(a) In General.--Gross income of an employee does not include contributions by the employer to the personal philanthropy account of the employee. ``(b) Personal Philanthropy Account.--For purposes of this section, the term `personal philanthropy account' shall have the meaning given to such term by section 224. ``(c) Exclusion not to Exceed Compensation.-- ``(1) Employees.--The amount excluded from gross income by subsection (a) with respect to an employee shall not exceed such employee's wages, salaries, tips, and other employee compensation which are attributable to such employee's employment by the employer referred to in such subsection. ``(2) Self-employed individuals.--The amount excluded from gross income by subsection (a) for contributions with respect to an individual who is self employed shall not exceed such individual's earned income (as defined in section 401(c)(2)) derived by the taxpayer from the trade or business with respect to which the individual is self-employed. ``(3) Community property laws not to apply.--The limitations under this subsection shall be determined without regard to community property laws.''. (2) Conforming amendments.-- (A) Section 3121(a) of such Code is amended by striking ``or'' at the end of paragraph (21), by striking the period at the end of paragraph (22) and inserting ``; or '', and by inserting after paragraph (22) the following new paragraph: ``(23) any payment made to a personal philanthropy account (as defined in section 224) of an employee.''. (B) Section 3231(e) of such Code is amended by adding at the end the following new paragraph: ``(13) Personal philanthropy account contributions.--The term `compensation' shall not include any payment made to a personal philanthropy account (as defined in section 224) of an employee.''. (C) Section 3306(b) of such Code is amended by striking ``or'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``; or'', and by inserting after paragraph (19) the following new paragraph: ``(20) any payment made to a personal philanthropy account (as defined in section 224) of an employee.''. (D) Section 3401(a) of such Code is amended by striking ``or'' at the end of paragraph (21), by striking the period at the end of paragraph (22) and inserting ``; or'', and by inserting after paragraph (22) the following new paragraph: ``(23) any payment made to a personal philanthropy account (as defined in section 224) of an employee.''. (E) Section 6051(a) of such Code is amended by striking ``and'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, and'', and by inserting after paragraph (13) the following new paragraph: ``(14) the amount contributed to any personal philanthropy account (as defined in section 224) of such employee or such employee's spouse.''. (d) Prohibited Transactions.-- (1) Exception for taxable distributions from personal philanthropy accounts.--Subsection (c) of section 4975 of such Code (defining to prohibited transaction) is amended by adding at the end the following new paragraph: ``(7) Special rule for personal philanthropy accounts.--An individual for whose benefit a personal philanthropy account is established and any contributor to such account shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if section 224(d) applies with respect to such transaction.''. (2) Plan defined.--Paragraph (1) of section 4975(e) of such Code is amended by striking ``or'' at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting ``, or'', and by inserting after subparagraph (G) the following new subparagraph: ``(H) a personal philanthropy account described in section 224.''. (e) Penalty on Failure to Report.--Paragraph (2) of section 6693(a) of such Code (relating to provisions) is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by inserting after subparagraph (E) the following new subparagraph: ``(F) section 224(f) (relating to personal philanthropy accounts).''. (f) Conforming Amendment.--Paragraph (2) of section 26(b) of such Code is amended by striking ``and'' at the end of subparagraph (R), by striking the period at the end of subparagraph (S) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(T) section 224(d)(3) relating to (relating to additional tax with respect to distributions not used for charitable contribution purposes).''. (g) Clerical Amendments.-- (1) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and by inserting after the item relating to section 223 the following new item: ``Sec. 224. Personal philanthropy accounts.''. (2) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139A the following new item: ``Sec. 139B. Contributions by employer to personal philanthropy accounts.''. (h) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Personal Philanthropy Account Act of 2005 - Amends the Internal Revenue Code to allow a tax deduction (whether or not the taxpayer itemizes deductions) for cash contributions to a personal philanthropy account. Defines "personal philanthropy account" as a tax-exempt trust created to make distributions for charitable purposes. Sets forth rules providing for default charitable distributions in the event of an account holder's death and minimum annual distribution requirements. Allows an exclusion from the gross income of an employee for contributions made by an employer to the employee's personal philanthropy account.

To amend the Internal Revenue Code of 1986 to encourage private philanthropy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``HERO Improvements Act of 2017''. SEC. 2. HERO ACT IMPROVEMENTS. (a) In General.--Section 890A of the Homeland Security Act of 2002 (6 U.S.C. 473) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting ``Homeland Security Investigations,'' after ``Enforcement,''; and (B) by amending paragraph (2) to read as follows: ``(2) Purpose.--The Center shall provide investigative assistance, training, and equipment to support domestic and international investigations of cyber-related crimes by the Department.''; and (2) in subsection (b)-- (A) in paragraph (2)(C), by inserting after ``personnel'' the following: ``, which shall include participating in training for Homeland Security Investigations personnel conducted by Internet Crimes Against Children Task Forces''; and (B) in paragraph (3)-- (i) in subparagraph (A), by inserting ``in child exploitation investigations'' after ``Enforcement''; (ii) in subparagraph (B)-- (I) in the matter preceding clause (i), by inserting ``in child exploitation investigations'' after ``Enforcement''; and (II) in clause (i), by inserting ``child'' before ``victims''; (iii) in subparagraph (C), by inserting ``child exploitation'' after ``number of''; and (iv) in subparagraph (D), by inserting ``child exploitation'' after ``number of''; and (3) in subsection (c)(2)-- (A) in subparagraph (A), in the matter preceding clause (i), by inserting ``and administer the Digital Forensics and Document and Media Exploitation (DF/ DOMEX) program'' after ``forensics''; (B) in subparagraph (C), by inserting ``and emerging technologies'' after ``forensics''; and (C) in subparagraph (D), by striking ``and the National Association to Protect Children'' and inserting ``, the National Association to Protect Children, and other governmental entities''. (b) HERO Child-Rescue Corps.--Section 890A of the Homeland Security Act of 2002 (6 U.S.C. 473) is amended-- (1) by redesignating subsection (e) as subsection (g); and (2) by inserting after subsection (d) the following: ``(e) HERO Child-Rescue Corps.-- ``(1) Establishment.-- ``(A) In general.--There is established within the Center a Human Exploitation Rescue Operation Child- Rescue Corps Program (referred to in this subsection as the `HERO Child-Rescue Corps Program'), which shall be a Department-wide program, operated in partnership with the Department of Defense and the National Association to Protect Children. ``(B) Training requirement.--As part of the HERO Child-Rescue Corps Program, the National Association to Protect Children shall provide logistical support for program participants. ``(2) Purpose.--The purpose of the HERO Child-Rescue Corps Program shall be to recruit, train, equip, and employ wounded, ill, and injured veterans and transitioning members of the military within the Department or other participating agencies, in employment positions to assist in combating and preventing child exploitation, including investigative, intelligence, analyst, inspection, and forensic positions or any other positions determined appropriate by the employing agency. ``(3) Functions.--The HERO Child-Rescue Program shall-- ``(A) provide, recruit, train, and equip participants of the Program in the areas of digital forensics, investigation, analysis, intelligence, and victim identification, as determined by the Center and the needs of the Department; and ``(B) ensure that during the 1-year period beginning on the date of enactment of this subsection, participants of the Program are assigned to investigate and analyze-- ``(i) child exploitation; ``(ii) child pornography; ``(iii) unidentified child victims; ``(iv) human trafficking; ``(v) traveling child sex offenders; and ``(vi) forced child labor, including the sexual exploitation of minors. ``(4) Paid internship and hiring program.-- ``(A) In general.--Subject to the availability of appropriations for such purpose, the Secretary may use funds available for Operations and support to establish a paid internship and hiring program for the purpose of placing participants of the HERO Child-Rescue Corps Program into paid internship positions, with the intent of subsequent appointment of the participants to permanent positions, as described in subparagraph (C). ``(B) Internship positions.--Under the paid internship and hiring program required to be established under subparagraph (A), the Secretary may appoint not more than 72 individuals to internship positions in the Center per year-- ``(i) which shall be in addition to any internship or staffing positions within United States Immigration and Customs Enforcement in existence on the date enactment of this subsection; and ``(ii) who shall be assigned or detailed by the Center in accordance with subparagraph (C). ``(C) Placement.-- ``(i) In general.--An individual who is appointed to an internship position under this paragraph shall be assigned or detailed to a position in an agency that-- ``(I) has expressed the need to fill a vacancy; ``(II) anticipates making an appointment to a full-time position upon completion of the internship; and ``(III) accepts the training parameters as determined by the Center to be the standard of the Department for the HERO Child-Rescue Corps Program. ``(ii) Preference.--The Secretary shall give a preference to Homeland Security Investigations in assignments or details under clause (i). ``(D) Term of internship.--An appointment to an internship position under this paragraph shall be for a term not to exceed 12 months. ``(E) Rate and term of pay.--After completion of initial group training and upon beginning work at an assigned office, an individual appointed to an internship position under this paragraph who is not receiving monthly basic pay as a member of the Armed Forces on active duty shall receive compensation at a rate that is-- ``(i) not less than the minimum rate of basic pay payable for a position at level GS-5 of the General Schedule; and ``(ii) not more than the maximum rate of basic pay payable for a position at level GS-7 of the General Schedule. ``(F) Eligibility.--In establishing the paid internship and hiring program required under subparagraph (A), the Secretary shall ensure that the eligibility requirements for participation in the internship program are the same as the eligibility requirements for participation in the HERO Child-Rescue Corps Program. ``(f) HERO Corps Hiring.--Subject to the availability of appropriations for such purpose, there are authorized to be established within Homeland Security Investigations the following number of positions, which shall be in addition to any positions in existence on the date of enactment of this subsection, for the hiring and permanent employment of graduates of the paid internship and hiring program required to be established under subsection (e)(4): ``(1) 36 positions in fiscal year 2017. ``(2) 72 positions in fiscal year 2018. ``(3) 108 positions in fiscal year 2019. ``(4) 144 positions in fiscal year 2020. ``(5) 180 positions in fiscal year 2021.''. (c) Technical and Conforming Amendment.--Section 302 of the HERO Act of 2015 (Public Law 114-22; 129 Stat. 255) is amended-- (1) by striking subsection (c); and (2) by redesignating subsection (d) as subsection (c).

HERO Improvements Act of 2017 This bill amends the Homeland Security Act of 2002 to provide statutory authority for the Human Exploitation Rescue Operation (HERO) Child-Rescue Corps Program within the Cyber Crimes Center of U.S. Immigration and Customs Enforcement. The HERO Child-Rescue Corps Program, operated in partnership with the Department of Defense and the National Association to Protect Children, must recruit, train, equip, and employ wounded, ill, and injured veterans and other members of the military to combat and prevent child exploitation.

HERO Improvements Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cosmetology Tax Fairness and Compliance Act of 2001''. SEC. 2. EXPANSION OF CREDIT FOR PORTION OF SOCIAL SECURITY TAXES PAID WITH RESPECT TO EMPLOYEE TIPS. (a) Expansion of Credit to Other Lines of Business.--Paragraph (2) of section 45B(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Application only to certain lines of business.--In applying paragraph (1), there shall be taken into account only tips received from customers or clients in connection with-- ``(A) the providing, delivering, or serving of food or beverages for consumption if the tipping of employees delivering or serving food or beverages by customers is customary, or ``(B) the providing of any cosmetology service for customers or clients at a facility licensed to provide such service if the tipping of employees providing such service is customary.'' (b) Definition of Cosmetology Service.--Section 45B of such Code is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: ``(c) Cosmetology Service.--For purposes of this section, the term `cosmetology service' means-- ``(1) hairdressing, ``(2) haircutting, ``(3) manicures and pedicures, ``(4) body waxing, facials, mud packs, wraps, and other similar skin treatments, and ``(5) any other beauty related service provided at a facility at which a majority of the services provided (as determined on the basis of gross revenue) are described in paragraphs (1) through (4).'' (c) Effective Date.--The amendments made by this section shall apply to tips received for services performed after December 31, 2001. SEC. 3. INFORMATION REPORTING AND TAXPAYER EDUCATION FOR PROVIDERS OF COSMETOLOGY SERVICES. (a) In General.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6050S the following new section: ``SEC. 6050T. RETURNS RELATING TO COSMETOLOGY SERVICES AND INFORMATION TO BE PROVIDED TO COSMETOLOGISTS. ``(a) In General.--Every person (referred to in this section as a `reporting person') who-- ``(1) employs 1 or more cosmetologists to provide any cosmetology service, ``(2) rents a chair to 1 or more cosmetologists to provide any cosmetology service on at least 5 calendar days during a calendar year, or ``(3) in connection with its trade or business or rental activity, otherwise receives compensation from, or pays compensation to, 1 or more cosmetologists for the right to provide cosmetology services to, or for cosmetology services provided to, third-party patrons, shall comply with the return requirements of subsection (b) and the taxpayer education requirements of subsection (c). ``(b) Return Requirements.--The return requirements of this subsection are met by a reporting person if the requirements of each of the following paragraphs applicable to such person are met. ``(1) Employees.--In the case of a reporting person who employs 1 or more cosmetologists to provide cosmetology services, the requirements of this paragraph are met if such person meets the requirements of sections 6051 (relating to receipts for employees) and 6053(b) (relating to tip reporting) with respect to each such employee. ``(2) Independent contractors.--In the case of a reporting person who pays compensation to 1 or more cosmetologists (other than as employees) for cosmetology services provided to third- party patrons, the requirements of this paragraph are met if such person meets the applicable requirements of section 6041 (relating to returns filed by persons making payments of $600 or more in the course of a trade or business), section 6041A (relating to returns to be filed by service-recipients who pay more than $600 in a calendar year for services from a service provider), and each other provision of this subpart that may be applicable to such compensation. ``(3) Chair renters.-- ``(A) In general.--In the case of a reporting person who receives rent or other fees or compensation from 1 or more cosmetologists for use of a chair or for rights to provide any cosmetology service at a salon or other similar facility for more than 5 days in a calendar year, the requirements of this paragraph are met if such person-- ``(i) makes a return, according to the forms or regulations prescribed by the Secretary, setting forth the name, address, and TIN of each such cosmetologist and the amount received from each such cosmetologist, and ``(ii) furnishes to each cosmetologist whose name is required to be set forth on such return a written statement showing-- ``(I) the name, address, and phone number of the information contact of the reporting person, ``(II) the amount received from such cosmetologist, and ``(III) a statement informing such cosmetologist that (as required by this section), the reporting person has advised the Internal Revenue Service that the cosmetologist provided cosmetology services during the calendar year to which the statement relates. ``(B) Method and time for providing statement.--The written statement required by clause (ii) of subparagraph (A) shall be furnished (either in person or by first-class mail which includes adequate notice that the statement or information is enclosed) to the person on or before January 31 of the year following the calendar year for which the return under clause (i) of subparagraph (A) is to be made. ``(c) Taxpayer Education Requirements.--In the case of a reporting person who is required to provide a statement pursuant to subsection (b), the requirements of this subsection are met if such person provides to each such cosmetologist annually a publication, as designated by the Secretary, describing-- ``(1) in the case of an employee, the tax and tip reporting obligations of employees, and ``(2) in the case of a cosmetologist who is not an employee of the reporting person, the tax obligations of independent contractors or proprietorships. The publications shall be furnished either in person or by first-class mail which includes adequate notice that the publication is enclosed. ``(d) Definitions.--For purposes of this section-- ``(1) Cosmetologist.-- ``(A) In general.--The term `cosmetologist' means an individual who provides any cosmetology service. ``(B) Anti-avoidance rule.--The Secretary may by regulation or ruling expand the term `cosmetologist' to include any entity or arrangement if the Secretary determines that entities are being formed to circumvent the reporting requirements of this section. ``(2) Cosmetology service.--The term `cosmetology service' has the meaning given to such term by section 45B(c). ``(3) Chair.--The term `chair' includes a chair, booth, or other furniture or equipment from which an individual provides a cosmetology service (determined without regard to whether the cosmetologist is entitled to use a specific chair, booth, or other similar furniture or equipment or has an exclusive right to use any such chair, booth, or other similar furniture or equipment). ``(e) Exceptions for Certain Employees.--Subsection (c) shall not apply to a reporting person with respect to an employee who is employed in a capacity for which tipping (or sharing tips) is not customary.'' (b) Conforming Amendments.-- (1) Section 6724(d)(1)(B) of such Code (relating to the definition of information returns) is amended by redesignating clauses (xi) through (xvii) as clauses (xii) through (xviii), respectively and by inserting after clause (x) the following new clause: ``(xi) section 6050T(a) (relating to returns by cosmetology service providers).'' (2) Section 6724(d)(2) of such Code is amended-- (A) by striking ``or'' at the end of subparagraph (Z) and inserting a comma, (B) by striking the period at the end of subparagraph (AA) and inserting ``, or'', and (C) by inserting after subparagraph (AA) the following new subparagraph: ``(BB) subsections (b)(3)(A)(ii) and (c) of section 6050T (relating to cosmetology service providers) even if the recipient is not a payee.'' (3) The table of sections for subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding after section 6050S the following new item: ``Sec. 6050T. Returns relating to cosmetology services and information to be provided to cosmetologists.'' (c) Effective Date.--The amendments made by this section shall apply to calendar years after 2001.

Cosmetology Tax Fairness and Compliance Act of 2001 - Amends the Internal Revenue Code, with respect to the credit for the portion of social security taxes paid with respect to employee tips, to make such credit applicable to employers of cosmetologists.Establishes provisions concerning returns relating to cosmetology services employers and information to be provided to cosmetologists.

A bill to amend the Internal Revenue Code of 1986 to expand the tip tax credit to employers of cosmetologists and to promote tax compliance in the cosmetology sector.

SECTION 1. REDUCTION IN INDIVIDUAL CAPITAL GAINS RATE ON STOCK OF DOMESTIC MANUFACTURERS. (a) General Rule.--Subsection (h) of section 1 of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended to read as follows: ``(h) Maximum Capital Gains Rate.-- ``(1) In general.--If a taxpayer has a net capital gain for any taxable year, then the tax imposed by this section shall not exceed the sum of-- ``(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on the taxable income reduced by the net capital gain, ``(B) 19 percent of the lesser of-- ``(i) the 6-year qualified gain for the taxable year, or ``(ii) the portion of the taxpayer's taxable income for the taxable year which would be taxed at a rate in excess of 15 percent (determined without regard to this subsection), ``(C) the 23.5 percent of the lesser of-- ``(i) the 3-year qualified gain for the taxable year, or ``(ii) the excess of the amount described in subparagraph (B)(ii) for the taxable year over the 6-year qualified gain for such taxable year, and ``(D) 28 percent of the excess (if any) of the net capital gain for the taxable year over the sum of the amounts taken into account under subparagraphs (B) and (C). ``(2) 3-year qualified gain.--For purposes of this subsection, the term `3-year qualified gain' means the lesser of-- ``(A) the net capital gain for the taxable year, or ``(B) the net capital gain for the taxable year determined by taking into account only gain or loss from the sale or exchange of qualified manufacturer's stock with a post-1994 holding period of at least 3 years but less than 6 years. ``(3) 6-year qualified gain.--For purposes of this subsection, the term `6-year qualified gain' means the lesser of-- ``(A) the excess of the net capital gain for the taxable year over 3-year qualified gain, or ``(B) the net capital gain for the taxable year determined by taking into account only gain or loss from the sale or exchange of qualified manufacturer's stock with a post-1994 holding period of at least 6 years. ``(4) Qualified manufacturer's stock.--For purposes of this subsection, the term `qualified manufacturer's stock' means stock of any domestic C corporation if any trade or business of such corporation is described in any 2-digit Standard Industrial Classification Code relating to manufacturing. ``(5) Post-1994 holding period.--For purposes of this subsection, the term `post-1994 holding period' means the portion of the holding period after December 31, 1994. ``(6) Treatment of pass-thru entities.-- ``(A) In general.--In applying this subsection with respect to any pass-thru entity, the determination of the period for which any gain or loss is properly taken into account shall be made at the entity level. ``(B) Pass-thru entity.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.'' (b) Technical Amendments.-- (1)(A) Section 170(e)(1)(B) of such Code is amended by inserting ``the applicable percentage of'' before ``the amount of gain''. (B) Section 170(e)(1) of such Code is amended by adding at the end the following new sentence: ``For purposes of subparagraph (B), the term `applicable percentage' means the percentage determined by dividing the rate of tax imposed by section 1(h) by 28, or, in the case of a corporation, the rate of tax imposed by section 1201(a) by 35.'' (2)(A) The second sentence of section 7518(g)(6)(A) of such Code is amended by striking ``28 percent (34 percent in the case of a corporation)'' and inserting ``the rate of tax determined under such section''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936, is amended by striking ``28 percent (34 percent in the case of a corporation)'' and inserting ``the rate of tax determined under such section''. SEC. 2. REDUCTION IN CORPORATE CAPITAL GAINS RATE ON STOCK OF DOMESTIC MANUFACTURERS. (a) General Rule.--Section 1201 of the Internal Revenue Code of 1986 (relating to alternative tax for corporations) is amended by redesignating subsection (b) as subsection (c) and by striking subsection (a) and inserting the following: ``(a) General Rule.--If for any taxable year a corporation has a net capital gain, then, in lieu of the tax imposed by section 11, 511, or 831(a) (whichever applies), there is hereby imposed a tax (if such tax is less than the tax imposed by such section) which shall consist of the sum of-- ``(1) a tax computed on the taxable income reduced by the net capital gain, at the same rates and in the same manner as if this subsection had not been enacted, ``(2) 19 percent of the lesser of-- ``(A) the 6-year qualified gain for the taxable year, or ``(B) the portion of the taxpayer's taxable income for the taxable year which would be taxed at a rate in excess of 15 percent (determined without regard to this subsection), ``(3) 23.5 percent of the lesser of-- ``(A) the 3-year qualified gain for the taxable year, or ``(B) the excess of the amount described in paragraph (2)(B) for the taxable year over the 6-year qualified gain for such taxable year, and ``(4) 35 percent of the excess (if any) of the net capital gain for the taxable year over the sum of the amounts taken into account under paragraph (2) and (3). ``(b) Definitions and Special Rule.--For purposes of subsection (a)-- ``(1) 3-year qualified gain and 6-year qualified gain.--The terms `3-year qualified gain' and `6-year qualified gain' have the respective meanings given to such terms by section 1(h). ``(2) Treatment of pass-thru entities.--Section 1(h)(6) shall apply for purposes of this section.'' (b) Technical Amendment.--Clause (iii) of section 852(b)(3)(D) of such Code is amended by striking ``65 percent'' and inserting ``the applicable percentage '' and by adding at the end the following new sentence: ``For purposes of the preceding sentence, the term `applicable percentage' means 100 percent minus the percentage applicable under section 1201(a)).''. SEC. 3. INDEXING OF QUALIFIED MANUFACTURER'S STOCK FOR PURPOSES OF DETERMINING GAIN OR LOSS. (a) In General.--Part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to basis rules of general application) is amended by inserting after section 1021 the following new section: ``SEC. 1022. INDEXING OF QUALIFIED MANUFACTURER'S STOCK FOR PURPOSES OF DETERMINING GAIN OR LOSS. ``(a) General Rule.--Except as otherwise provided in this subsection, if any qualified manufacturer's stock which has been held for more than 3 years (taking into account only the portion of the holding period after December 31, 1994) is sold or otherwise disposed of, for purposes of this title the indexed basis of the stock shall be substituted for its adjusted basis. ``(b) Qualified Manufacturer's Stock.--For purposes of this section, the term `qualified manufacturer's stock' means stock of any domestic C corporation if-- ``(1) any trade or business of such corporation is described in any 2-digit Standard Industrial Classification Code relating to manufacturing, and ``(2) such stock is a capital asset in the hands of the taxpayer. ``(c) Indexed Basis.--For purposes of this section-- ``(1) General rule.--The indexed basis for any stock is-- ``(A) the adjusted basis of the stock, multiplied by ``(B) the applicable inflation ratio. ``(2) Applicable inflation ratio.--The applicable inflation ratio for any stock is the percentage arrived at by dividing-- ``(A) the gross domestic product deflator for the calendar quarter in which the disposition takes place, by ``(B) the gross domestic product deflator for the calendar quarter in which the stock was acquired by the taxpayer (or, if later, the calendar quarter ending on December 31, 1994). The applicable inflation ratio shall never be less than 1. The applicable inflation ratio for any stock shall be rounded to the nearest \1/1000\. ``(3) Gross domestic product deflator.--The gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the first revision thereof). ``(d) Treatment of Regulated Investment Companies and Real Estate Investment Trusts.-- ``(1) Adjustments at entity level.-- ``(A) In general.--Except as otherwise provided in this paragraph, the adjustment under subsection (a) shall be allowed to any qualified investment entity (including for purposes of determining the earnings and profits of such entity). ``(B) Exception for qualification purposes.--This section shall not apply for purposes of sections 851(b) and 856(c). ``(2) Adjustments to interests held in entity.-- ``(A) In general.--Stock in a qualified investment entity shall be qualified manufacturer's stock for any calendar month in the same ratio as the fair market value of the qualified manufacturer's stock held by such entity at the close of such month bears to the fair market value of all assets of such entity at the close of such month. ``(B) Ratio of 90 percent or more.--If the ratio for any calendar month determined under subparagraph (A) would (but for this subparagraph) be 90 percent or more, such ratio for such month shall be 100 percent. ``(C) Ratio of 10 percent or less.--If the ratio for any calendar month determined under subparagraph (A) would (but for this subparagraph) be 10 percent or less, such ratio for such month shall be zero. ``(D) Valuation of assets in case of real estate investment trusts.--Nothing in this paragraph shall require a real estate investment trust to value its assets more frequently than once each 36 months (except where such trust ceases to exist). The ratio under subparagraph (A) for any calendar month for which there is no valuation shall be the trustee's good faith judgment as to such valuation. ``(3) Qualified investment entity.--For purposes of this subsection, the term `qualified investment entity' means-- ``(A) a regulated investment company (within the meaning of section 851), and ``(B) a real estate investment trust (within the meaning of section 856). ``(e) Other Pass-Thru Entities.-- ``(1) Partnerships.--In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. ``(2) S corporations.--In the case of an S corporation, the adjustment made under subsection (a) at the corporate level shall be passed through to the shareholders. ``(3) Common trust funds.--In the case of a common trust fund, the adjustment made under subsection (a) at the trust level shall be passed through to the participants. ``(f) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(2) Related persons defined.--For purposes of this section, the term `related persons' means-- ``(A) persons bearing a relationship set forth in section 267(b), and ``(B) persons treated as single employer under subsection (b) or (c) of section 414. ``(g) Transfers To Increase Indexing Adjustment.--If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is to secure or increase an adjustment under subsection (a), the Secretary may disallow part or all of such adjustment or increase. ``(h) Special Rules.--For purposes of this section: ``(1) Treatment as separate stock.--A substantial contribution to capital of a corporation shall be treated as separate stock in such corporation. ``(2) Stock which is not qualified manufacturer's stock throughout holding period.--The applicable inflation ratio shall be appropriately reduced for periods during which stock is not qualified manufacturer's stock. ``(3) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(4) Acquisition date where there has been prior application of subsection (a)(1) with respect to the taxpayer.--If there has been a prior application of subsection (a) to stock while such stock was held by the taxpayer, the date of acquisition of such stock by the taxpayer shall be treated as not earlier than the date of the most recent such prior application. ``(i) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.'' (b) Clerical Amendment.--The table of sections for part II of subchapter O of chapter 1 of such Code is amended by inserting after the item relating to section 1021 the following new item: ``Sec. 1022. Indexing of qualified manufacturer's stock for purposes of determining gain or loss.'' (c) Adjustment To Apply for Purposes of Determining Earnings and Profits.--Subsection (f) of section 312 of such Code (relating to effect on earnings and profits of gain or loss and of receipt of tax- free distributions) is amended by adding at the end thereof the following new paragraph: ``(3) Effect on earnings and profits of indexed basis.-- For substitution of indexed basis for adjusted basis in the case of the disposition of qualified manufacturer's stock, see section 1022(a).'' SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 1994.

Amends the Internal Revenue Code to reduce the rate of the individual and corporate capital gains tax on the sale or exchange of stock of qualified domestic manufacturers. Provides for indexing the basis of such stock which has been held for more than three years.

To amend the Internal Revenue Code of 1986 to reduce the capital gains tax on stock of domestic corporations engaged in manufacturing and to index the basis of such stock for inflation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cybersecurity Public Awareness Act of 2013''. SEC. 2. FINDINGS. (a) Congress finds the following: (1) Information technology is central to the effectiveness, efficiency, and reliability of industrial and commercial services, Armed Forces and national security systems, and the critical infrastructure of the United States. (2) Cyber criminals, terrorists, and agents of foreign powers have taken advantage of the connectivity of the United States to inflict substantial damage to the economic and national security interests of the Nation. (3) The cyber threat is sophisticated, relentless, and massive, exposing consumers in the United States to the risk of substantial harm. (4) Businesses in the United States are bearing substantial losses as a result of criminal cyber attacks, depriving businesses of hard-earned profits that could be reinvested in further job-producing innovation. (5) Hackers continuously probe the networks of Federal and State agencies, the Armed Forces, and the commercial industrial base of the Armed Forces, and already have caused substantial damage and compromised sensitive and classified information. (6) Severe cyber threats will continue, and will likely grow, as the economy of the United States grows more connected, criminals become increasingly sophisticated in efforts to steal from consumers, industries, and businesses in the United States, and terrorists and foreign nations continue to use cyberspace as a means of attack against the national and economic security of the United States. (7) Public awareness of cyber threats is essential to cybersecurity. Only a well-informed public and Congress can make the decisions necessary to protect consumers, industries, and the national and economic security of the United States. (8) As of 2013, the level of public awareness of cyber threats is unacceptably low. Only a tiny portion of relevant cybersecurity information is released to the public. Information about attacks on Federal Government systems is usually classified. Information about attacks on private systems is ordinarily kept confidential. Sufficient mechanisms do not exist to provide meaningful threat reports to the public in unclassified and anonymized form. SEC. 3. CYBER INCIDENTS AGAINST GOVERNMENT NETWORKS. (a) Department of Homeland Security.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit to Congress a report that-- (1) summarizes major cyber incidents involving networks of executive agencies (as defined in section 105 of title 5, United States Code), except for the Department of Defense; (2) provides aggregate statistics on the number of breaches of networks of executive agencies, the volume of data exfiltrated, and the estimated cost of remedying the breaches; and (3) discusses the risk of cyber sabotage. (b) Department of Defense.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to Congress a report that-- (1) summarizes major cyber incidents against networks of the Department of Defense and the military departments; (2) provides aggregate statistics on the number of breaches against networks of the Department of Defense and the military departments, the volume of data exfiltrated, and the estimated cost of remedying the breaches; and (3) discusses the risk of cyber sabotage. (c) Form of Reports.--Each report submitted under this section shall be in unclassified form, but may include a classified annex as necessary to protect sources, methods, and national security. SEC. 4. PROSECUTION FOR CYBERCRIME. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General and the Director of the Federal Bureau of Investigation shall submit to Congress reports-- (1) describing investigations and prosecutions by the Department of Justice relating to cyber intrusions, computer or network compromise, or other forms of illegal hacking the preceding year, including-- (A) the number of investigations initiated relating to such crimes; (B) the number of arrests relating to such crimes; (C) the number and description of instances in which investigations or prosecutions relating to such crimes have been delayed or prevented because of an inability to extradite a criminal defendant in a timely manner; and (D) the number of prosecutions for such crimes, including-- (i) the number of defendants prosecuted; (ii) whether the prosecutions resulted in a conviction; (iii) the sentence imposed and the statutory maximum for each such crime for which a defendant was convicted; and (iv) the average sentence imposed for a conviction of such crimes; (2) identifying the number of employees, financial resources, and other resources (such as technology and training) devoted to the enforcement, investigation, and prosecution of cyber intrusions, computer or network compromised, or other forms of illegal hacking, including the number of investigators, prosecutors, and forensic specialists dedicated to investigating and prosecuting cyber intrusions, computer or network compromise, or other forms of illegal hacking; and (3) discussing any impediments under the laws of the United States or international law to prosecutions for cyber intrusions, computer or network compromise, or other forms of illegal hacking. (b) Updates.--The Attorney General and the Director of the Federal Bureau of Investigation shall annually submit to Congress reports updating the reports submitted under section (a) at the same time the Attorney General and Director submit annual reports under section 404 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (42 U.S.C. 3713d). SEC. 5. RESPONSE TO REQUESTS FOR ASSISTANCE IN PRIVATE SECTOR CYBER INCIDENTS. (a) In General.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit to Congress a report that describes policies and procedures through which Federal agencies, upon request from a private sector entity, assist in the defense of the information networks of the requesting private sector entity against cyber threats that could result in loss of life or significant harm to the national economy or national security. (b) Form of Reports.--Each report submitted under this section shall be in unclassified form, but may include a classified annex as necessary to protect sources, methods, proprietary or sensitive business information, and national security. SEC. 6. REPORTING TO SHAREHOLDERS OF CYBER RISKS AND CYBER INCIDENTS. (a) In General.--Not later than 180 days after the date of enactment of this Act, and annually thereafter for 3 years, the Securities and Exchange Commission, in consultation with the Secretary of Commerce and the Secretary of Homeland Security, shall submit to Congress a report-- (1) assessing the reporting of cyber risk or cyber incidents in financial statements by issuers of securities; and (2) evaluating relevant Commission actions, including the staff guidance issued by the Commission on October 13, 2011. (b) Prohibition.--A report submitted under this section shall not include proprietary or sensitive business information or identify any individual issuer. SEC. 7. REGULATORS OF CRITICAL INFRASTRUCTURE. (a) Definitions.--In this section-- (1) the term ``critical infrastructure sector'' means any sector identified in Presidential Policy Directive-21, issued February 12, 2013 (or any successor thereto); and (2) the term ``relevant agencies'' means-- (A) the sector-specific agencies identified in Presidential Policy Directive-21, issued February 12, 2013 (or any successor thereto); and (B) each agency (as defined in section 3502(1) of title 44, United States Code) that has substantial regulatory authority in a critical infrastructure sector. (b) Reports.--Not later than 180 days after the date of enactment of this Act, and annually thereafter for 3 years, the Secretary of Homeland Security, in consultation with relevant agencies, shall submit to Congress a report that describes the-- (1) nature and state of the vulnerabilities to cyber threats of each critical infrastructure sector; (2) prevalence and seriousness of cyber threats in each critical infrastructure sector; (3) recommended steps to thwart or diminish cyber threats; and (4) the degree to which cybersecurity and information assurance cooperative activities with private sector partners developed by the Department of Defense and its defense industrial base have been employed in each critical infrastructure sector. (c) Form of Reports.--Each report submitted under this section-- (1) shall be in unclassified form; (2) shall not-- (A) identify any individual private sector entity; and (B) include proprietary or sensitive business information; and (3) may include a classified annex as necessary to protect sources, methods, and national security. SEC. 8. RESEARCH REPORT ON DEVELOPING TECHNOLOGIES THAT WOULD ENHANCE CYBERSECURITY OF CRITICAL INFRASTRUCTURE ENTITIES. (a) Definition.--In this section, the term ``critical infrastructure'' has the meaning given that term in section 1016(e) of the USA PATRIOT Act (42 U.S.C. 5195c(e)). (b) Reports.-- (1) In general.--The Secretary of Homeland Security shall enter into a contract with the National Research Council, or another federally funded research and development corporation, under which the Council or corporation shall submit to Congress a report on opportunities to develop new technologies or technological approaches, including developing a secure domain, that would enhance the cybersecurity of critical infrastructure entities. (2) Limitations.--The report required under paragraph (1) shall-- (A) consider only technologies or technological options that can be deployed consistent with constitutional and statutory privacy rights; and (B) identify any technologies or technological options described in subparagraph (A) that merit Federal research support. (3) Timing.--The contract entered into under paragraph (1) shall require that the report described in paragraph (1) be submitted not later than 1 year after the date of enactment of this Act. The Secretary of Homeland Security may enter into additional subsequent contracts as appropriate. SEC. 9. PREPAREDNESS OF FEDERAL COURTS TO PROMOTE CYBERSECURITY. Not later than 180 days after the date of enactment of this Act, the Attorney General, in coordination with the Administrative Office of the United States Courts, shall submit to Congress a report-- (1) on whether Federal courts have granted timely relief in matters relating to botnets and other cybercrime and cyber threats; and (2) that includes, as appropriate, recommendations on changes or improvements to-- (A) the Federal Rules of Civil Procedure or the Federal Rules of Criminal Procedure; (B) the training and other resources available to support the Federal judiciary; (C) the capabilities and specialization of courts to which such cases may be assigned; and (D) Federal civil and criminal laws. SEC. 10. IMPEDIMENTS TO PUBLIC AWARENESS. Not later than 180 days after the date of enactment of this Act, and annually thereafter for 3 years (or more frequently if determined appropriate by the Secretary of Homeland Security) the Secretary of Homeland Security shall submit to Congress a report on-- (1) legal or other impediments to appropriate public awareness of-- (A) the nature of, methods of propagation of, and damage caused by common cyber security threats such as computer viruses, social engineering techniques, and malware; (B) the minimal standards of computer security necessary for responsible internet use; and (C) the availability of commercial off-the-shelf technology that allows consumers to meet such levels of computer security; (2) a summary of the plans of the Secretary of Homeland Security to enhance public awareness of common cyber threats, including a description of the metrics used by the Department of Homeland Security for evaluating the efficacy of public awareness campaigns; and (3) recommendations for congressional actions to address these impediments to appropriate public awareness of common cyber threats.

Cybersecurity Public Awareness Act of 2013 - Directs the Secretary of Homeland Security (DHS) to submit an annual report that: (1) summarizes major cyber incidents involving networks of executive agencies, except for the Department of Defense (DOD); (2) provides aggregate statistics on the number of breaches of networks of executive agencies, the volume of data exfiltrated, and the estimated cost of remedying the breaches; and (3) discusses the risk of cyber sabotage. Requires similar reports by the DOD Secretary to address incidents against DOD and military departments. Directs the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to submit reports and annual updates describing investigations and prosecutions by the Department of Justice (DOJ) relating to cyber instrusions, computer or network compromise, or other forms of illegal hacking. Requires such reports to identify the resources devoted to the enforcement, investigation, and prosecution of such activities and to discuss legal impediments to prosecutions. Requires the Securities and Exchange Commission (SEC) to submit annually, for three years, a report: (1) assessing the reporting of cyber risk or cyber incidents in financial statements by issuers of securities; and (2) evaluating SEC actions, including staff guidance. Directs the DHS Secretary to: (1) submit annual reports describing policies and procedures through which federal agencies, upon request, assist in defending a private sector entity's information networks against cyber threats that could result in loss of life or significant harm to the national economy or national security; (2) submit annually, for three years, a report describing vulnerabilities to, and the prevalence of, cyber threats in specified critical infrastructure sectors and the degree to which cooperative activities with DOD-developed private partners have been employed in each sector; (3) contract with the National Research Council or another federally funded research and development corporation for reports on the opportunities for development of new technologies or approaches to enhance the cybersecurity of critical infrastructure entities; and (4) submit annual reports on impediments to public awareness of common cyber security threats. Directs the Attorney General, in coordination with the Administrative Office of the United States Courts, to submit a report on: (1) whether federal courts have granted timely relief in matters relating to botnets and other cybercrime and threats; and (2) recommended changes to the rules of civil or criminal procedure, the resources, capabilities, and specialization of courts to which such cases may be assigned, and federal civil and criminal laws.

Cybersecurity Public Awareness Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Tax Compliance Act of 1994''. SEC. 2. TAXATION OF INCOME OF CONTROLLED FOREIGN CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY. (a) General Rule.--Subsection (a) of section 954 of the Internal Revenue Code of 1986 (defining foreign base company income) is amended by striking ``and'' at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ``, and'', and by adding at the end the following new paragraph: ``(6) imported property income for the taxable year (determined under subsection (h) and reduced as provided in subsection (b)(5)).'' (b) Definition of Imported Property Income.--Section 954 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Imported Property Income.-- ``(1) In general.--For purposes of subsection (a)(6), the term `imported property income' means income (whether in the form of profits, commissions, fees, or otherwise) derived in connection with-- ``(A) manufacturing, producing, growing, or extracting imported property, ``(B) the sale, exchange, or other disposition of imported property, or ``(C) the lease, rental, or licensing of imported property. Such term shall not include any foreign oil and gas extraction income (within the meaning of section 907(c)) or any foreign oil related income (within the meaning of section 907(c)). ``(2) Imported property.--For purposes of this subsection-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `imported property' means property which is imported into the United States by the controlled foreign corporation or a related person. ``(B) Imported property includes certain property imported by unrelated persons.--The term `imported property' includes any property imported into the United States by an unrelated person if, when such property was sold to the unrelated person by the controlled foreign corporation (or a related person), it was reasonable to expect that-- ``(i) such property would be imported into the United States, or ``(ii) such property would be used as a component in other property which would be imported into the United States. ``(C) Exception for property subsequently exported.--The term `imported property' does not include any property which is imported into the United States and which-- ``(i) before substantial use in the United States, is sold, leased, or rented by the controlled foreign corporation or a related person for direct use, consumption, or disposition outside the United States, or ``(ii) is used by the controlled foreign corporation or a related person as a component in other property which is so sold, leased, or rented. ``(3) Definitions and special rules.-- ``(A) Import.--For purposes of this subsection, the term `import' means entering, or withdrawal from warehouse, for consumption or use. Such term includes any grant of the right to use an intangible (as defined in section 936(b)(3)(B)) in the United States. ``(B) Unrelated person.--For purposes of this subsection, the term `unrelated person' means any person who is not a related person with respect to the controlled foreign corporation. ``(C) Coordination with foreign base company sales income.--For purposes of this section, the term `foreign base company sales income' shall not include any imported property income.'' (c) Separate Application of Limitations on Foreign Tax Credit for Imported Property Income.-- (1) In general.--Paragraph (1) of section 904(d) of the Internal Revenue Code of 1986 (relating to separate application of section with respect to certain categories of income) is amended by striking ``and'' at the end of subparagraph (H), by redesignating subparagraph (I) as subparagraph (J), and by inserting after subparagraph (H) the following new subparagraph: ``(I) imported property income, and''. (2) Imported property income defined.--Paragraph (2) of section 904(d) of such Code is amended by redesignating subparagraphs (H) and (I) as subparagraphs (I) and (J), respectively, and by inserting after subparagraph (G) the following new subparagraph: ``(H) Imported property income.--The term `imported property income' means any income received or accrued by any person which is of a kind which would be imported property income (as defined in section 954(h)).'' (3) Look-thru rules to apply.--Clause (i) of section 904(d)(3)(F) of such Code is amended by striking ``or (E)'' and inserting ``(E), or (H)''. (d) Technical Amendments.-- (1) Clause (iii) of section 952(c)(1)(B) of the Internal Revenue Code of 1986 (relating to certain prior year deficits may be taken into account) is amended by inserting the following subclause after subclause (II) (and by redesignating the following subclauses accordingly): ``(III) imported property income,''. (2) Paragraph (5) of section 954(b) of such Code (relating to deductions to be taken into account) is amended by striking ``and the foreign base company oil related income'' and inserting ``the foreign base company oil related income, and the imported property income''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 1994, and to taxable years of United States shareholders within which or with which such taxable years of such foreign corporations end. (2) Subsection (c).--The amendments made by subsection (c) shall apply to taxable years beginning after December 31, 1994. SEC. 3. IMPROVEMENTS IN THE COLLECTION OF UNITED STATES TAXES OWED BY FOREIGN PERSONS. (a) Findings.--The Congress finds that-- (1) foreign-controlled corporations doing business in the United States do not pay their fair share of taxes; (2) up to 72 percent of foreign-controlled corporations doing business in the United States pay no Federal income tax; (3) the Internal Revenue Service has limited its own ability to enforce Federal tax laws against foreign-controlled corporations, to the detriment of domestic taxpayers; (4) the Internal Revenue Service has been using antiquated accounting concepts to deal with sophisticated multinational corporations; (5) billions of dollars of Federal revenues are lost annually due to the inability of the Internal Revenue Service to enforce the ``arm's length'' transaction rule--not even counting the costs of bureaucracy and litigation; (6) current procedures of the Internal Revenue Service are insufficient for ensuring that a foreigner who is not a resident of a foreign country does not take advantage of the treaty benefits of that country; and (7) current regulations and other positions adopted by the Internal Revenue Service may permit foreign persons to avoid United States taxes by utilizing derivative financial products which replicate the economic features of United States taxable investments. (b) Sense of the Congress.--It is the sense of the Congress that deficit reduction should be achieved, in part, by eliminating enforcement breakdowns that now enable foreign-controlled corporations operating in the United States, and foreign persons investing in the United States, to pay no taxes, including-- (1) a more streamlined and efficient method of enforcing Federal tax laws involving multinational corporations, especially those based abroad; in particular, the use of a formula approach by the Treasury Department where the ``arm's length'' transaction rule does not work; and (2) the Secretary of the Treasury or the Secretary's delegate shall, no later than December 31, 1994, prescribe regulations which-- (A) establish certification, refund, or other procedures which ensure that any treaty benefit relating to withholding of tax under sections 1441 and 1442 of the Internal Revenue Code of 1986 is available only to persons entitled to the benefit, and (B) prevent the avoidance of withholding of tax under such sections by use of derivative financial instruments, including regulations providing for the sourcing of income of foreign residents from notional principal contracts as income from sources within the United States in appropriate cases.

Foreign Tax Compliance Act of 1994 - Amends the Internal Revenue Code to include in the taxation of controlled foreign corporations income attributable to imported property. Requires the separate application of limitations on the foreign tax credit for imported property income. Expresses the sense of the Congress that deficit reduction should be achieved in part by eliminating enforcement breakdowns that enable foreign-controlled corporations operating in the United States, and foreign persons investing in the United States, to pay no taxes.

Foreign Tax Compliance Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Nuclear Technology Development Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Nuclear energy generates approximately 20 percent of the total electricity and approximately 60 percent of the carbon-free electricity of the United States. (2) Nuclear power plants operate consistently at a 90 percent capacity factor, and provide consumers and businesses with reliable and affordable electricity. (3) Nuclear power plants generate billions of dollars in national economic activity through nationwide procurements and provide thousands of Americans with high paying jobs contributing substantially to the local economies in communities where they operate. (4) The United States commercial nuclear industry must continue to lead the international civilian nuclear marketplace, because it is one of our most powerful national security tools, guaranteeing the safe, secure, and exclusively peaceful use of nuclear energy. (5) Maintaining the Nation's nuclear fleet of commercial light water reactors and expanding the use of new advanced reactor designs would support continued production of reliable baseload electricity and maintain United States global leadership in nuclear power. (6) Nuclear fusion technology also has the potential to generate electricity with significantly increased safety performance and no radioactive waste. (7) The development of advanced reactor designs would benefit from a performance-based, risk-informed, efficient, and cost-effective regulatory framework with defined milestones and the opportunity for applicants to demonstrate progress through Nuclear Regulatory Commission approval. SEC. 3. DEFINITIONS. In this Act: (1) Advanced nuclear reactor.--The term ``advanced nuclear reactor'' means-- (A) a nuclear fission reactor with significant improvements over the most recent generation of nuclear fission reactors, which may include inherent safety features, lower waste yields, greater fuel utilization, superior reliability, resistance to proliferation, and increased thermal efficiency; or (B) a nuclear fusion reactor. (2) Department.--The term ``Department'' means the Department of Energy. (3) Licensing.--The term ``licensing'' means NRC activities related to reviewing applications for licenses, permits, and design certifications, and requests for any other regulatory approval for nuclear reactors within the responsibilities of the NRC under the Atomic Energy Act of 1954. (4) National laboratory.--The term ``National Laboratory'' has the meaning given that term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (5) NRC.--The term ``NRC'' means the Nuclear Regulatory Commission. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. AGENCY COORDINATION. The NRC and the Department shall enter into the a memorandum of understanding regarding the following topics: (1) Technical expertise.--Ensuring that the Department has sufficient technical expertise to support the civilian nuclear industry's timely research, development, demonstration, and commercial application of safe, innovative advanced reactor technology and the NRC has sufficient technical expertise to support the evaluation of applications for licenses, permits, and design certifications, and other requests for regulatory approval for advanced reactors. (2) Modeling and simulation.--The use of computers and software codes to calculate the behavior and performance of advanced reactors based on mathematical models of their physical behavior. (3) Facilities.--Ensuring that the Department maintains and develops the facilities to enable the civilian nuclear industry's timely research, development, demonstration, and commercial application of safe, innovative reactor technology and ensuring that the NRC has access to such facilities, as needed. SEC. 5. REPORTING TO CONGRESS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall submit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works and the Committee Energy and Natural Resources of the Senate a report assessing the capabilities of the Department to authorize, host, and oversee privately proposed and funded experimental reactors. (b) Contents.--Such report shall address-- (1) the safety review and oversight capabilities of the Department, including options to leverage expertise from the NRC and the National Laboratories; (2) options to regulate Department hosted, privately proposed and funded experimental reactors; (3) potential sites capable of hosting the activities described in subsection (a); (4) the efficacy of the available contractual mechanisms of the Department to partner with the private sector and other Federal agencies, including cooperative research and development agreements, strategic partnership projects, and agreements for commercializing technology; (5) the Federal Government's liability with respect to the disposal of low-level radioactive waste, spent nuclear fuel, or high-level radioactive waste, as defined by section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101); (6) the impact on the Nation's aggregate inventory of low- level radioactive waste, spent nuclear fuel, or high-level radioactive waste; (7) potential cost structures relating to physical security, decommissioning, liability, and other long-term project costs; and (8) other challenges or considerations identified by the Secretary. (c) Updates.--The Secretary shall update relevant provisions of the report submitted under subsection (a) every 2 years and submit that update to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works and the Committee Energy and Natural Resources of the Senate. SEC. 6. ADVANCED REACTOR REGULATORY FRAMEWORK. (a) Plan Required.--Not later than 1 year after the date of enactment of this Act, the NRC shall transmit to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works of the Senate a plan for developing an efficient, risk- informed, technology-neutral framework for advanced reactor licensing. The plan shall evaluate the following subjects, consistent with the NRC's role in protecting public health and safety and common defense and security: (1) The unique aspects of advanced reactor licensing and any associated legal, regulatory, and policy issues the NRC will need to address to develop a framework for licensing advanced reactors. (2) Options for licensing advanced reactors under existing NRC regulations in title 10 of the Code of Federal Regulations, a proposed new regulatory framework, or a combination of these approaches. (3) Options to expedite and streamline the licensing of advanced reactors, including opportunities to minimize the time from application submittal to final NRC licensing decision and minimize the delays that may result from any necessary amendments or supplements to applications. (4) Options to expand the incorporation of consensus-based codes and standards into the advanced reactor regulatory framework to minimize time to completion and provide flexibility in implementation. (5) Options to make the advanced reactor licensing framework more predictable. This evaluation should consider opportunities to improve the process by which application review milestones are established and maintained. (6) Options to allow applicants to use phased review processes under which the NRC issues approvals that do not require the NRC to re-review previously approved information. This evaluation shall consider the NRC's ability to review and conditionally approve partial applications, early design information, and submittals that contain design criteria and processes to be used to develop information to support a later phase of the design review. (7) The extent to which NRC action or modification of policy is needed to implement any part of the plan required by this subsection. (8) The role of licensing advanced reactors within NRC long-term strategic resource planning, staffing, and funding levels. (9) Options to provide cost-sharing financial structures for license applicants in a phased licensing process. (b) Coordination and Stakeholder Input Required.--In developing the plan required by subsection (a), the NRC shall seek input from the Department, the nuclear industry, and other public stakeholders. (c) Cost and Schedule Estimate.--The plan required by subsection (a) shall include proposed cost estimates, budgets, and specific milestones for implementing the advanced reactor regulatory framework by September 30, 2019. (d) Design Certification Status.--In the NRC's first budget request after the acceptance of any design certification application for an advanced nuclear reactor, and annually thereafter, the NRC shall provide the status of performance metrics and milestone schedules. The budget request shall include a plan to correct or recover from any milestone schedule delays, including delays because of NRC's inability to commit resources for its review of the design certification applications. SEC. 7. USER FEES AND ANNUAL CHARGES. Section 6101(c)(2)(A) of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214(c)(2)(A)) is amended-- (1) by striking ``and'' at the end of clause (iii); (2) by striking the period at the end of clause (iv) and inserting ``; and''; and (3) by adding at the end the following: ``(v) for fiscal years ending before October 1, 2020, amounts appropriated to the Commission for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies.''. Passed the House of Representatives September 12, 2016. Attest: KAREN L. HAAS, Clerk.

Advanced Nuclear Technology Development Act of 2016 (Sec. 4)This bill requires the Department of Energy (DOE) and the Nuclear Regulatory Commission (NRC) to enter into a memorandum of understanding to: ensure that DOE has sufficient technical expertise to support the civilian nuclear industry's timely development and commercial deployment of safe, innovative advanced reactor technology; ensure that the NRC has sufficient technical expertise to support the evaluation of requests for regulatory approval for advanced reactors; use computers and software codes to calculate the behavior and performance of advanced reactors based on mathematical models of their physical behavior; and ensure that the DOE maintains and develops the facilities to support the civilian nuclear industry's timely development and commercial deployment of safe, innovative reactor technology and that the NRC has access to such facilities, as needed. (Sec.5)DOE must submit a report to Congress within 180 days evaluating activities intended to facilitate the testing and demonstration of advanced reactors on DOE land and facilities and the potential for DOE to test and demonstrate on private land. The report must be updated and re-submitted to Congress every two years.Additionally, the report shall address certain issues including safety, cost, liability, facility siting, and options to regulate the advanced reactors. (Sec.6)The NRC must develop a plan within one year to implement a regulatory framework for licensing advanced nuclear reactors. The plan shall include options to expedite and streamline the licensing process for advanced reactors, cost estimates, budgets, and specific milestones for implementing the framework by the end of FY2019. (Sec.7) This bill also amends the Omnibus Budget Reconciliation Act of 1990 to require that the aggregate amount of fees collected by the NRC from licensees and certificate holders in a fiscal year be decreased by the amount of appropriations for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies.

Advanced Nuclear Technology Development Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Delaware Water Gap National Recreation Area Natural Gas Pipeline Enlargement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Corporation.--The term ``Corporation'' means the Columbia Gas Transmission Corporation. (2) Pipeline.--The term ``pipeline'' means that portion of the pipeline of the Corporation numbered 1278 that is-- (A) located in the Recreation Area; and (B) situated on 2 tracts designated by the Corporation as ROW No. 16405 and No. 16414. (3) Recreation area.--The term ``Recreation Area'' means the Delaware Water Gap National Recreation Area in the Commonwealth of Pennsylvania. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Superintendent.--The term ``Superintendent'' means the Superintendent of the Recreation Area. SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS PIPELINE. (a) In General.--The Secretary may enter into an agreement with the Corporation to grant to the Corporation, for no consideration, an easement to enlarge the diameter of the pipeline from 14 inches to not more than 20 inches. (b) Terms and Conditions.--The easement authorized under subsection (a) shall-- (1) be consistent with-- (A) the recreational values of the Recreation Area; and (B) protection of the resources of the Recreation Area; (2) include provisions for the protection of resources in the Recreation Area that ensure that only the minimum and necessary amount of disturbance, as determined by the Secretary, shall occur during the construction or maintenance of the enlarged pipeline; (3) be consistent with the laws (including regulations) and policies applicable to units of the National Park System; and (4) be subject to any other terms and conditions that the Secretary determines to be necessary; (c) Permits.-- (1) In general.--The Superintendent may issue a permit to the Corporation for the use of the Recreation Area in accordance with subsection (b) for the temporary construction and staging areas required for the construction of the enlarged pipeline. (2) Prior to issuance.--The easement authorized under subsection (a) and the permit authorized under paragraph (1) shall require that before the Superintendent issues a permit for any clearing or construction, the Corporation shall-- (A) consult with the Superintendent; (B) identify natural and cultural resources of the Recreation Area that may be damaged or lost because of the clearing or construction; and (C) submit to the Superintendent for approval a restoration and mitigation plan that-- (i) describes how the land subject to the easement will be maintained; and (ii) includes a schedule for, and description of, the specific activities to be carried out by the Corporation to mitigate the damages or losses to, or restore, the natural and cultural resources of the Recreation Area identified under subparagraph (B). (d) Pipeline Replacement Requirements.--The enlargement of the pipeline authorized under subsection (a) shall be considered to meet the pipeline replacement requirements required by the Research and Special Programs Administration of the Department of Transportation (CPF No. 1-2002-1004-H). (e) FERC Consultation.--The Corporation shall comply with all other requirements for certification by the Federal Energy Regulatory Commission that are necessary to permit the increase in pipeline size. (f) Limitation.--The Secretary shall not grant any additional increases in the diameter of, or easements for, the pipeline within the boundary of the Recreation Area after the date of enactment of this Act. (g) Effect on Right-of-Way Easement.--Nothing in this Act increases the 50-foot right-of-way easement for the pipeline. (h) Penalties.--On request of the Secretary, the Attorney General may bring a civil action against the Corporation in United States district court to recover damages and response costs under Public Law 101-337 (16 U.S.C. 19jj et seq.) or any other applicable law if-- (1) the Corporation-- (A) violates a provision of-- (i) an easement authorized under subsection (a); or (ii) a permit issued under subsection (c); or (B) fails to submit or timely implement a restoration and mitigation plan approved under subsection (c)(3); and (2) the violation or failure destroys, results in the loss of, or injures any park system resource (as defined in section 1 of Public Law 101-337 (16 U.S.C. 19jj)).

Delaware Water Gap National Recreation Area Natural Gas Pipeline Enlargement Act - Authorizes the Secretary of the Interior to grant the Columbia Gas Transmission Corporation an easement to enlarge the diameter of a specified pipeline from 14 inches to not more than 20 inches, consistent with the recreational values and protection of the resources of the Delaware Water Gap National Recreation Area in Pennsylvania. Authorizes the Superintendent of the Recreation Area to issue a permit to the Corporation for the use of the Recreation Area for temporary construction and staging areas required for the construction of the enlarged pipeline. Requires the Corporation to comply with all requirements for certification by the Federal Energy Regulatory Commission that are necessary to permit the increase in pipeline size. Prohibits the Secretary from granting additional increases in the diameter of, or easements for, the pipeline within the boundary of the Recreation Area after the date of enactment of this Act.

A bill to authorize the Secretary of the Interior to allow the Columbia Gas Transmission Corporation to increase the diameter of a natural gas pipeline located in the Delaware Water Gap National Recreation Area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Homeland Security Agency Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The security of the United States homeland from nontraditional and emerging threats must be a primary national security mission of the United States Government. Attacks against United States citizens on United States soil, possibly causing heavy casualties, are likely during the next quarter century, as both the technical means for carrying out such attacks, and the array of actors who might use such means, are proliferating despite the best efforts of United States diplomacy. (2) Attacks on United States soil may involve weapons of mass destruction and weapons of mass disruption. As porous as United States physical borders are in an age of burgeoning trade and travel, its cyber borders are even more vulnerable, and the critical infrastructure upon which so much of the United States economy depends can now be targeted by governments as well as individuals. The preeminence of the United States makes it more appealing as a target, while its openness and freedoms make it more vulnerable. (3) Despite the serious threat to homeland security, the United States Government has not yet adopted homeland security as a primary national security mission. Its structures and strategies are fragmented and inadequate. The assets and organizations that now exist for homeland security are scattered across more than two dozen departments and agencies, and all 50 States. (4) Guaranteeing that homeland security is achieved within a framework of law that protects the civil liberties and privacy of United States citizens is essential. The United States Government must improve national security without compromising established constitutional principles. (5) A comprehensive strategy and new organizational structures to prevent and protect against attacks on the United States homeland, and to respond to such attacks if prevention and protection should fail, are urgently needed. (6) Through the National Homeland Security Agency, the United States Government will improve the planning and coordination of Federal support to State and local agencies to rationalize the allocation of resources, enhance readiness in order to prevent attacks, and facilitate recovery if prevention fails. SEC. 3. ESTABLISHMENT OF NATIONAL HOMELAND SECURITY AGENCY. (a) Establishment.--There is established a National Homeland Security Agency (hereinafter in this Act referred to as the ``Agency''). (b) Director.--There shall be at the head of the Agency a Director, who shall be appointed by the President by and with the advice and consent of the Senate. The Director shall be compensated at the rate provided for level I of the Executive Schedule under section 5312 of title 5, United States Code. The Director shall serve as an advisor to the National Security Council. (c) Duties.--The duties of the Director shall be the following: (1) To plan, coordinate, and integrate those United States Government activities relating to homeland security, including border security and emergency preparedness, and to act as a focal point regarding natural and manmade crises and emergency planning. (2) To work with State and local governments and executive agencies in protecting United States homeland security, and to support State officials through the use of regional offices around the country. (3) To provide overall planning guidance to executive agencies regarding United States homeland security. (4) To conduct exercise and training programs for employees of the Agency and establish effective command and control procedures for the full range of potential contingencies regarding United States homeland security, including contingencies that require the substantial support of military assets. (5) To annually develop a Federal response plan for homeland security and emergency preparedness. SEC. 4. TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND ASSETS TO AGENCY. The authorities, functions, personnel, and assets of the following entities are hereby transferred to the Agency: (1) The Federal Emergency Management Agency, the ten regional offices of which shall be maintained and strengthened by the Agency. (2) The United States Customs Service, which shall be maintained as a distinct entity within the Agency. (3) The Border Patrol of the Immigration and Naturalization Service, which shall be maintained as a distinct entity within the Agency. (4) The United States Coast Guard, which shall be maintained as a distinct entity within the Agency. (5) The Critical Infrastructure Assurance Office and the Institute of Information Infrastructure Protection of the Department of Commerce. (6) The National Infrastructure Protection Center and the National Domestic Preparedness Office of the Federal Bureau of Investigation. SEC. 5. ESTABLISHMENT OF DIRECTORATES AND OFFICE. (a) Establishment of Directorates.--The following staff directorates are hereby established within the Agency: (1) Directorate of prevention.--The Directorate of Prevention, which shall be responsible for the following: (A) Overseeing and coordinating all United States border security activities. (B) Developing border and maritime security policy for the United States. (C) Developing and implementing international standards for enhanced security in transportation nodes. (2) Directorate of critical infrastructure protection.--The Directorate of Critical Infrastructure Protection, which shall be responsible for the following: (A) Acting as the Critical Information Technology, Assurance, and Security Officer of the Agency to coordinate efforts to address the vulnerability of the United States to electronic or physical attacks on critical infrastructure of the United States, including utilities, transportation nodes, and energy resources. (B) Overseeing the protection of such infrastructure and the physical assets and information networks that make up such infrastructure. (C) Ensuring the maintenance of a nucleus of cyber security experts within the United States Government. (D) Enhancing sharing of information regarding cyber security and physical security of the United States, tracking vulnerabilities and proposing improved risk management policies, and delineating the roles of various government agencies in preventing, defending, and recovering from attacks. (E) Coordinating with the Federal Communications Commission in helping to establish cyber security policy, standards, and enforcement mechanisms, and working closely with the Federal Communications Commission on cyber security issues with respect to international bodies. (F) Coordinating the activities of Information Sharing and Analysis Centers to share information on threats, vulnerabilities, individual incidents, and privacy issues regarding United States homeland security. (G) Assuming the responsibilities carried out by the Critical Infrastructure Assurance Office before the date of the enactment of this Act. (H) Assuming the responsibilities carried out by the National Infrastructure Protection Center before the date of the enactment of this Act. (I) Supporting and overseeing the management of the Institute for Information Infrastructure Protection. (3) Directorate for emergency preparedness and response.-- The Directorate for Emergency Preparedness and Response, which shall be responsible for the following: (A) Carrying out all emergency preparedness and response activities carried out by the Federal Emergency Management Agency before the date of the enactment of this Act. (B) Assuming the responsibilities carried out by the National Domestic Preparedness Office before the date of the enactment of this Act. (C) Organizing and training local entities to respond to emergencies and providing State and local authorities with equipment for detection, protection, and decontamination in an emergency involving weapons of mass destruction. (D) Overseeing Federal, State, and local emergency preparedness training and exercise programs in keeping with current intelligence estimates and providing a single staff for Federal assistance for any emergency (including emergencies caused by flood, earthquake, hurricane, disease, or terrorist bomb). (E) Creating a National Crisis Action Center to act as the focal point for monitoring emergencies and for coordinating Federal support for State and local governments and the private sector in crises. (F) Establishing training and equipment standards, providing resource grants, and encouraging intelligence and information sharing among the Department of Defense, the Federal Bureau of Investigation, the Central Intelligence Agency, State emergency management officials, and local first responders. (G) Coordinating and integrating activities of the Department of Defense, the National Guard, and other Federal agencies into a Federal response plan. (H) Coordinating activities among private sector entities, including entities within the medical community, with respect to recovery, consequence management, and planning for continuity of services. (I) Developing and managing a single response system for national incidents in coordination with the Department of Justice, the Federal Bureau of Investigation, the Department of Health and Human Services, and the Centers for Disease Control. (J) Maintaining Federal asset databases and supporting up-to-date State and local databases. (b) Establishment of Office of Science and Technology.--There is established in the Agency an Office of Science and Technology, the purpose of which shall be to advise the Director regarding research and development efforts and priorities for the directorates established in subsection (a). SEC. 6. REPORTING REQUIREMENTS. (a) Biennial Reports.--The Director shall submit to Congress on a biennial basis-- (1) a report assessing the resources and requirements of executive agencies relating to border security and emergency preparedness issues; and (2) a report certifying the preparedness of the United States to prevent, protect against, and respond to natural disasters, cyber attacks, and incidents involving weapons of mass destruction. (b) Additional Report.--Not later than the date that is one year after the date of the enactment of this Act, the Director shall submit to Congress a report-- (1) assessing the progress of the Agency in-- (A) implementing the provisions of this Act; and (B) ensuring the core functions of each entity transferred to the Agency are maintained and strengthened; and (2) recommending any conforming changes in law necessary as a result of the enactment and implementation of this Act. SEC. 7. COORDINATION WITH OTHER ORGANIZATIONS. The Director shall establish and maintain strong mechanisms for the sharing of information and intelligence with United States and international intelligence entities. SEC. 8. PLANNING, PROGRAMMING, AND BUDGETING PROCESS. The Director shall establish procedures to ensure that the planning, programming, budgeting, and financial activities of the Agency comport with sound financial and fiscal management principles. Those procedures shall, at a minimum, provide for the planning, programming, and budgeting of activities of the Agency using funds that are available for obligation for a limited number of years. SEC. 9. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH REQUIREMENTS. The Director shall-- (1) ensure that the Agency complies with all applicable environmental, safety, and health statutes and substantive requirements; and (2) develop procedures for meeting such requirements. SEC. 10. EFFECTIVE DATE. This Act shall take effect on the date that is 6 months after the date of the enactment of this Act.

National Homeland Security Agency Act - Establishes a National Homeland Security Agency. Requires the Agency's Director, who shall serve as an advisor to the National Security Council, to: (1) plan, coordinate, and integrate those U.S. Government activities relating to homeland security, including border security and emergency preparedness, and act as a focal point regarding natural and manmade crises and emergency planning; (2) work with State and local governments and executive agencies in protecting U.S. homeland security and support State officials through the use of regional offices around the country; (3) provide overall planning guidance to such agencies regarding homeland security; (4) establish command and control procedures for potential contingencies, including those that require military assets; and (5) annually develop a Federal response plan for homeland security and emergency preparedness.Transfers to the Agency the authorities, functions, personnel, and assets of the Federal Emergency Management Agency, the U.S. Customs Service, the Border Patrol of the Immigration and Naturalization Service, the U.S. Coast Guard, the Critical Infrastructure Assurance Office and the Institute of Information Infrastructure Protection of the Department of Commerce, and the National Infrastructure Protection Center and the National Domestic Preparedness Office of the Federal Bureau of Investigation.Establishes within the Agency: (1) separate Directorates of Prevention, Critical Infrastructure Protection, and Emergency Preparedness and Response; and (2) an Office of Science and Technology to advise the Director with regard to research and development efforts and priorities for such directorates.Requires the Director to establish mechanisms for the sharing of information and intelligence with U.S. and international intelligence entities.

To establish the National Homeland Security Agency.

SECTION 1. REPEAL OF RECAPTURE BOND RULE. (a) In General.--Paragraph (6) of section 42(j) of the Internal Revenue Code of 1986 (relating to recapture of credit) is amended to read as follows: ``(6) No recapture on disposition of building (or interest therein) reasonably expected to continue as a qualified low- income building.-- ``(A) In general.--In the case of a disposition of a building or an interest therein, the taxpayer shall be discharged from liability for any additional tax under this subsection by reason of such disposition if it is reasonably expected that such building will continue to be operated as a qualified low-income building for the remaining compliance period with respect to such building. ``(B) Statute of limitations.-- ``(i) Extension of period.--The period for assessing a deficiency attributable to the application of subparagraph (A) with respect to a building (or interest therein) during the compliance period with respect to such building shall not expire before the expiration of 3 years after the end of such compliance period. ``(ii) Assessment.--Such deficiency may be assessed before the expiration of the 3-year period referred to in clause (i) notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment.''. (b) Information Reporting.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of such Code (relating to information concerning transactions with other persons) is amended by inserting after section 6050T the following new section: ``SEC. 6050U. RETURNS RELATING TO PAYMENT OF LOW-INCOME HOUSING CREDIT REPAYMENT AMOUNT. ``(a) Requirement of Reporting.--Every person who, at any time during the taxable year, is an owner of a building (or an interest therein)-- ``(1) which is in the compliance period at any time during such year, and ``(2) with respect to which recapture is required by section 42(j), shall, at such time as the Secretary may prescribe, make the return described in subsection (b). ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, and ``(2) contains-- ``(A) the name, address, and TIN of each person who, with respect to such building or interest, was formerly an investor in such owner at any time during the compliance period, ``(B) the amount (if any) of any credit recapture amount required under section 42(j), and ``(C) such other information as the Secretary may prescribe. ``(c) Statements To Be Furnished to Persons With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return and the phone number of the information contact for such person, and ``(2) the information required to be shown on the return with respect to such person. The written statement required under the preceding sentence shall be furnished on or before March 31 of the year following the calendar year for which the return under subsection (a) is required to be made. ``(d) Compliance Period.--For purposes of this section, the term `compliance period' has the meaning given such term by section 42(i).''. (2) Assessable penalties.-- (A) Subparagraph (B) of section 6724(d)(1) of such Code (relating to definitions) is amended by redesignating clauses (xiii) through (xviii) as clauses (xiv) through (xix), respectively, and by inserting after clause (xii) the following new clause: ``(xiii) section 6050U (relating to returns relating to payment of low-income housing credit repayment amount),''. (B) Paragraph (2) of section 6724(d) of such Code is amended by striking ``or'' at the end of subparagraph (AA), by striking the period at the end of subparagraph (BB) and inserting ``, or'', and by adding after subparagraph (BB) the following new subparagraph: ``(CC) section 6050U (relating to returns relating to payment of low-income housing credit repayment amount).''. (C) Clerical amendment.--The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6050T the following new item: ``Sec. 6050U. Returns relating to payment of low-income housing credit repayment amount.''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply with respect to any liability for the credit recapture amount under section 42(j) of the Internal Revenue Code of 1986 that arises after the date of the enactment of this Act. (2) Special rule for low-income housing buildings sold before date of enactment of this act.--In the case of a building disposed of before the date of the enactment of this Act with respect to which the taxpayer posted a bond (or alternative form of security) under section 42(j) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act), the taxpayer may elect (by notifying the Secretary of the Treasury in writing)-- (A) to cease to be subject to the bond requirements under section 42(j)(6) of such Code, as in effect before the enactment of this Act, and (B) to be subject to the requirements of section 42(j) of such Code, as amended by this Act.

Amends the Internal Revenue Code to repeal provisions of the low income housing tax credit requiring a bond to cover recapture amounts from the disposition, prior to a 15-year compliance period, of a building (or interest therein) eligible for the credit. Provides for a three-year statute of limitation (from the end of the compliance period) for assessing a recapture deficiency. Requires owners of buildings eligible for the low income housing tax credit to file informational returns with the Secretary of the Treasury upon the occurrence of a recapture event and to provide persons who are named in such returns with specified information. Imposes penalties for failure to file required returns.

A bill to amend the Internal Revenue Code of 1986 to replace the recapture bond provisions of the low income housing tax credit program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Water Conservation Act of 1993''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the Federal Government has an historic commitment to assisting areas of the Nation in need of developing adequate water supplies, (2) water is becoming increasingly scarce and expensive in many parts of the United States, which is compounded when multiple years of drought occur, (3) in most areas of the United States, farms are overwhelmingly the largest water consumers, and (4) it is in the national interest for farmers to implement water conservation measures which are a least-cost approach to addressing critical water needs and for the Federal Government to promote such conservation measures. SEC. 3. CREDIT FOR PURCHASE AND INSTALLATION OF WATER CONSERVATION SYSTEMS ON FARM LAND. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30A. PURCHASE AND INSTALLATION OF WATER CONSERVATION SYSTEMS ON FARM LAND. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 75 percent of the water conservation system expenses paid or incurred by the taxpayer during such year. ``(b) Water Conservation System Expenses.--For purposes of this section-- ``(1) In general.--The term `water conservation system expenses' means expenses for the purchase and installation of materials or equipment which are primarily designed to substantially conserve water on farm land. ``(2) Farm land.--The term `farm land' means land used in a trade or business by the taxpayer or a tenant of the taxpayer for-- ``(A) the production of crops, fruits, or other agricultural products, ``(B) the raising, harvesting, or growing of trees, or ``(C) the sustenance of livestock. ``(c) Limitation Based on Amount of Tax.-- ``(1) Liability for tax.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(2) Carryforward of unused credit.--If the amount of the credit allowable under subsection (a) for any taxable year exceeds the limitation under paragraph (1) for the taxable year, the excess shall be carried to the succeeding taxable year and added to the amount allowable as a credit under subsection (a) for such succeeding taxable year. ``(d) Additional Limitations.-- ``(1) Approved water conservation plan.--Subsection (a) shall not apply to any expense unless-- ``(A) the taxpayer has in effect a water conservation plan which has been reviewed and approved by the Soil Conservation Service of the Department of Agriculture, and ``(B) such expense is consistent with such plan. ``(2) Drought area.--Subsection (a) shall not apply to any expense unless the land on which the water conservation system is installed is entirely in an area which has been identified, in the taxable year or in any of the 3 preceding taxable years, as an area of extreme drought severity on the Palmer Drought Severity Index published by the National Oceanic and Atmospheric Administration. ``(e) Denial of Double Benefit.--No deduction shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section, and any increase in the basis of any property which would (but for this subsection) result from such expense shall be reduced by the amount of credit allowed under this section for such expense.'' (b) Technical Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting ``; and'', and by adding at the end thereof the following new paragraph: ``(27) to the extent provided in section 30A(e), in the case of amounts with respect to which a credit has been allowed under section 30A.'' (c) Clerical 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. 30A. Purchase and installation of water conservation systems on farm land.'' (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.

Agricultural Water Conservation Act of 1993 - Amends the Internal Revenue Code to allow a tax credit for 75 percent of the water conservation system expenses for the purchase and installation of materials or equipment to substantially conserve water on farm land.

Agricultural Water Conservation Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Overdose Reduction Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Centers for Disease Control and Prevention reports that 28,723 deaths in the United States in 2003 were attributable to drug-induced causes. (2) Deaths resulting from drug overdoses have increased 540 percent between 1980 and 1999. (3) According to the Federal Drug Abuse Warning Network, most drug-induced deaths involve multiple drugs. (4) An increase in the number of deaths attributable to heroin mixed with fentanyl, a narcotic considered 50 to 100 times more potent than morphine, has been documented in 2005 and 2006. (5) An estimated 3,000,000 individuals in the United States have serious drug problems. (6) The damage caused by drug use is not limited to drug abusers. The collateral damage from drug use is enormous, and drug abuse costs society over $60,000,000,000 in social costs and lost productivity. (7) Community-based programs working with high-risk populations have successfully prevented deaths from drug overdoses through education and access to effective reversal agents, such as naloxone. SEC. 3. DEFINITIONS. In this Act: (1) Controlled substance.--The term ``controlled substance'' has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802). (2) Director.--The term ``Director'' means the Director of the Centers for Disease Control and Prevention. (3) Drug.--The term ``drug'' has the meaning given the term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)). (4) Eligible entity.--The term ``eligible entity'' means an entity that is a State, local, or tribal government, or a private nonprofit organization. SEC. 4. OVERDOSE PREVENTION GRANT PROGRAM. (a) Program Authorized.--From amounts appropriated under this section for a fiscal year, the Director shall award grants or cooperative agreements to eligible entities to enable the eligible entities to reduce deaths occurring from overdoses of drugs or controlled substances. (b) Application.-- (1) In general.--An eligible entity desiring a grant or cooperative agreement under this section shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (2) Contents.--The application described in paragraph (1) shall include-- (A) a description of the activities the eligible entity will carry out if the entity receives funds under this section; (B) a demonstration that the eligible entity has the capacity to carry out the activities described in subparagraph (A); and (C) a certification that the eligible entity meets all State licensure or certification requirements necessary to carry out the activities. (c) Priority.--In awarding grants or cooperative agreements under subsection (a), the Director shall give priority to eligible entities that are public health agencies or community-based organizations and that have expertise in preventing deaths occurring from overdoses of drugs or controlled substances in populations at high risk of such deaths. (d) Eligible Activities.--An eligible entity receiving a grant or cooperative agreement under this section shall carry out 1 or more of the following activities: (1) Training first responders, people affected by drug abuse, and law enforcement and corrections officials on the effective response to individuals who have overdosed on drugs or controlled substances. (2) Implementing programs to provide overdose prevention, recognition, treatment, or response to individuals in need of such services. (3) Evaluating, expanding, or replicating a program described in paragraph (1) or (2) that exists as of the date the application is submitted. (e) Report.--Not later than 90 days after the last day of the grant or cooperative agreement period, each eligible entity receiving a grant or cooperative agreement under this section shall prepare and submit a report to the Director describing the results of the program supported under this section. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2007 and 2008, and such sums as may be necessary for each of the fiscal years 2009 through 2011. SEC. 5. REDUCING OVERDOSE DEATHS. (a) Data Collection.--The Director shall annually compile and publish data on the deaths occurring from overdoses of drugs or controlled substances for the preceding year. (b) Plan to Reduce Overdose Deaths.--Not later than 180 days after the date of enactment of this Act, the Director shall develop a plan to reduce the number of deaths occurring from overdoses of drugs or controlled substances and shall submit the plan to Congress. The plan shall include-- (1) an identification of the barriers to obtaining accurate data regarding the number of deaths occurring from overdoses of drugs or controlled substances; (2) an identification of the barriers to implementing more effective overdose prevention strategies; and (3) recommendations for such legislative or administrative action that the Director considers appropriate.

Drug Overdose Reduction Act - Requires the Director of the Centers for Disease Control and Prevention (CDC) to award grants or cooperative agreements to enable public health agencies or community-based organizations to reduce deaths occurring from overdoses of drugs or controlled substances, including by: (1) providing training on the effective response to individuals who have overdosed; or (2) providing overdose prevention, recognition, treatment, or response to individuals in need of such services. Requires the Director to: (1) annually compile and publish data on the deaths occurring from overdoses of drugs or controlled substances for the preceding year; and (2) develop a plan to reduce the number of such deaths.

A bill to reduce deaths occurring from overdoses of drugs or controlled substances.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Fish and Wildlife Restoration Act of 1996''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Great Lakes Fishery Resources Restoration Study, for which a report was submitted to the Congress in 1995, was a comprehensive study of the status, assessment, management, and restoration needs of the fishery resources of the Great Lakes Basin, and was conducted through the joint effort of the United States Fish and Wildlife Service, State fish and wildlife resource management agencies, Indian tribes, and the Great Lakes Fishery Commission. (2) This study found the following: (A) Physical changes to the Great Lakes through dredging, construction of hydroelectric and other dams, stone revetment projects, clearing of shoreline vegetation, and increased agriculture have altered habitats, fish spawning mortality, erosion, sedimentation, oxygen levels, contaminant transport, nutrient loading, and aesthetic character. Combined effects of overexploitation, habitat impairment, and destabilizing effects of nonindigenous species are responsible for most of the decline of native fishes in the Great Lakes. Physical changes to the nearshore environments, riverine tributaries, and wetlands by development projects have affected those species relying on these habitats for critical phases of their life histories. Monitoring of contaminants and analysis of their effects should be coordinated and expanded. (B) Significant habitats necessary for self- sustaining populations of fish and wildlife are threatened or impaired. Actions should include identifying and protecting habitats that are used by fish and wildlife for spawning, breeding, nesting, rearing and feeding, and rehabilitating degraded habitats to be utilized by a diverse community. (C) Working under the cooperatively developed guidance of the Strategic Plan for Management of the Great Lakes Fisheries, published by the Great Lakes Fishery Commission in 1980, and the Great Lakes Water Quality Agreement, State, Provincial, Native American tribal, and Federal agencies bordering the Great Lakes have made significant progress toward the goal of restoring a healthy fish community to the Great Lakes. Differences in mandate, perception of priorities, and style of management create major institutional impediments to systematic and comprehensive coordination of ecosystem management. Many of the current problems are, in fact, the unintended consequences of uncoordinated management of water quality, fisheries, shipping, and human developments in the Great Lakes Basin. Concepts of responsible resource use and management and biological conservation should not be at odds, but should be integrated via partnerships to meet future needs. Information exchange and cross-program forums should be established to encourage management. Setting of specific management goals is central to the coordination of management efforts. Fishery managers should increase their involvement with the Binational Program, Remedial Action Plans, Lake-Wide Management Plans, and the Environmental Monitoring and Assessment Program planning process. SEC. 3. REFERENCE. Whenever in this Act an amendment is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to that section or other provision of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941 et seq.), as set forth in title I of Public Law 101-573. SEC. 4. PURPOSES. Section 1003 (16 U.S.C. 941a) is amended-- (1) in the matter preceding paragraph (1), by striking ``this Act'' and inserting ``this title''; (2) by striking paragraph (1); (3) by redesignating paragraphs (2) and (3) in order as paragraphs (1) and (2); (4) by amending paragraph (1), as so redesignated, to read as follows: ``(1) to develop and implement proposals for the restoration of fish and wildlife resources in the Great Lakes Basin; and''; and (5) in paragraph (2), as so redesignated, by striking ``habitat of'' and inserting ``habitat in''. SEC. 5. DEFINITIONS. Section 1004 (16 U.S.C. 941b) is amended-- (1) in the matter preceding paragraph (1), by striking ``this Act'' and inserting ``this title''; (2) in paragraph (8) by striking ``plant or animal'' and inserting ``plant, animal, or microorganism''; (3) in paragraph (9) by striking ``and'' after the semicolon at the end, in paragraph (10) by striking the period at the end and inserting a semicolon, and by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; (4) by inserting after paragraph (8) the following new paragraph: ``(9) the term `restoration' means to rehabilitate and maintain the structure, function, diversity, and dynamics of a biological system, including the reestablishment of self- sustaining populations of fish and wildlife;''; and (5) by adding at the end the following new paragraphs: ``(12) the term `Report' means the United States Fish and Wildlife Service report entitled ``Great Lakes Fishery Resources Restoration Study'', as submitted to the President of the Senate and the Speaker of the House of Representatives on September 13, 1995; ``(13) the term `Committee' means the Great Lakes Fish and Wildlife Restoration Proposal Review Committee established by section 1005(c); and ``(14) the term `non-Federal source' includes State government, local governments, Indian Tribes, other governmental entities, private entities, and individuals.''. SEC. 6. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS. Section 1005 (16 U.S.C. 941c) is amended to read as follows: ``SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS. ``(a) In General.--The Director, in consultation with the Committee, shall ensure that proposals resulting from recommendations of the Study or identified through an annual request to State and Tribal entities described in subsection (b) are developed and, within available appropriations, the highest priority proposals are implemented. ``(b) Identification of Proposals.--The Director shall annually request that State Directors and Indian Tribes, in cooperation or partnership with other interested entities, submit fish and wildlife resources restoration proposals based on the results of the Study or other sources such as recommendations of the Council of Lake Committees sponsored by the Great Lakes Fishery Commission. These proposals shall be submitted in the manner and form prescribed by the Director. The proposals shall be consistent with the goals of the Great Lakes Water Quality Agreement, as revised in 1987, the 1954 Convention on Great Lakes Fisheries, State and Tribal fishery management jurisdiction, the Joint Strategic Plan for the Management of Great Lakes Fisheries, the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, the North American Waterfowl Management Plan, and various joint ventures established under that plan. Notwithstanding any other provision of law, the Great Lakes Fishery Commission shall retain authority and responsibility for formulation and implementation of a comprehensive program for eradicating or minimizing sea lamprey populations in the Great Lakes Basin. The Secretary of the Army may, upon request of the Great Lakes Fishery Commission, construct and improve water resources projects related to sea lamprey management that improve the quality of the environment in the public trust, at any location within the Great Lakes or their tributaries or connecting waters. ``(c) Review of Proposals.-- ``(1) Establishment of committee.--There is established the Great Lakes Fish and Wildlife Restoration Proposal Review Committee. ``(2) Membership and appointment.--The Committee shall operate under the auspices of the Council of Lake Committees, and consist of representatives of all State Directors and federally recognized Indian Tribes with Great Lakes fish and wildlife management authority in the Basin. State Directors and Tribal Chairs shall appoint their representatives, who shall serve at the pleasure of the appointing authority. The Great Lakes Coordinator of the United States Fish and Wildlife Service shall participate as an observer of the Committee. ``(3) Functions.--The Committee shall annually review proposals developed under the process established by subsection (b) to assess their effectiveness and appropriateness in fulfilling the purposes of this title and recommend to the Director priorities for implementing the proposals. ``(d) Implementation of Proposals.--Considering the Committee's recommendations and the goals stated in section 1006, the Secretary shall select proposals to be implemented and, within available appropriations, shall fund their implementation. ``(e) Cost-Sharing.-- ``(1) In general.--The Director shall require that 25 percent of the cost of implementing any proposal selected under subsection (d), other than those involving the establishment of sea lamprey barriers, must be paid by non-Federal sources on a basis considered by the Director to be timely and appropriate. ``(2) In-kind contributions.--In addition to cash outlays, the Director shall consider as financial contributions by a non-Federal source the value of in-kind contributions provided for the purpose of implementing a proposal. In-kind contributions may consist of, but are not required to be limited to, real or personal property or personal services necessary to implement a proposal that are rendered by volunteers. The Director shall establish the standards under which the value of in-kind contributions shall be determined. Valuations made by the Director under this paragraph are final and not subject to judicial review. ``(3) Exclusion of federal funds from non-federal share.-- The Director may not consider the expenditure, either directly or indirectly, of Federal funds received by a State or local government to be a contribution by a non-Federal source for purposes of this section.''. SEC. 7. MAINTENANCE OF OFFICES. Section 1007 (16 U.S.C. 941e) is amended-- (1) by amending the section heading to read as follows: ``SEC. 1007. MAINTENANCE OF OFFICES.''; (2) in subsection (a) by striking the first sentence and inserting the following: ``The Director shall maintain the functions of the Great Lakes Coordination Office in East Lansing, Michigan, for the purpose of coordinating all United States Fish and Wildlife Service activities in the Great Lakes Basin.''; (3) by amending subsection (b) to read as follows: ``(b) Great Lakes Fishery Resources Offices.--The Director shall maintain the Upper Great Lakes Fishery Resources Office and the Lower Great Lakes Fishery Resources Office. The Director shall provide each of these offices the necessary administrative and technical support services to carry out all United States Fish and Wildlife Service operational activities related to fishery resource protection, restoration, maintenance, and enhancement in their respective regions.''; and (4) by striking subsection (c). SEC. 8. REPORTS TO CONGRESS. Section 1008 (16 U.S.C. 941f) is amended to read as follows: ``SEC. 1008. REPORTS TO CONGRESS. ``The Director shall submit a report within 6 months after the end of every second fiscal year to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate. The first such biennial report shall be submitted by April 1, 1998. Each such report shall describe-- ``(1) actions taken to implement the process established by section 1005; ``(2) the results of proposals implemented under section 1005; and ``(3) activities undertaken and progress toward the accomplishment of the goals stated in section 1006.''. SEC. 9. AUTHORIZATIONS OF APPROPRIATIONS. Section 1009 (16 U.S.C. 941g) is amended to read as follows: ``SEC. 1009. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Director-- ``(1) for the operation of the Great Lakes Coordination Office, the Upper Great Lakes Fishery Resources Office, and the Lower Great Lakes Fishery Resources Office under section 1007, $1,500,000 for each of fiscal years 1998 through 2002; and ``(2) for implementation of fish and wildlife restoration proposals under section 1005(c), $3,500,000 for each of fiscal years 1996 through 2002.''. SEC. 10. TECHNICAL CORRECTION. Title II of Public Law 101-646 (104 Stat. 4773) is repealed.

Great Lakes Fish and Wildlife Restoration Act of 1996 - Amends the Great Lakes Fish and Wildlife Restoration Act of 1990 to: (1) include among the Act's purposes to develop and implement proposals for the restoration of fish and wildlife resources in the Great Lakes Basin (Basin); and (2) include microorganisms within the definition of "nonindigenous species." Requires the Director of the United States Fish and Wildlife Service (Service) to: (1) ensure that proposals resulting from recommendations of the Great Lakes fishery resources restoration study or identified through an annual request to specified State and tribal entities are developed and that the highest priority proposals are implemented; and (2) annually request that State Directors and Indian Tribes submit fish and wildlife resources restoration proposals based on the results of the study or other sources. Requires the Great Lakes Fishery Commission to retain authority and responsibility for formulation and implementation of a comprehensive program for eradicating or minimizing sea lamprey populations in the Basin. Authorizes the Secretary of the Army, at the Commission's request, to construct and improve water resources projects related to sea lamprey management. Establishes the Great Lakes Fish and Wildlife Restoration Proposal Review Committee. Directs the Secretary to select proposals to be implemented and, within available appropriations, fund their implementation. Sets forth cost-sharing requirements. Authorizes appropriations for the operation of the three offices for each of FY 1998 through 2002. Revises the Act to require the Director to maintain the functions of the Great Lakes Coordination Office in East Lansing, Michigan, and of the Upper and Lower Great Lakes Fishery Resources Offices and to provide administrative and technical support services. Requires the Director, within six months after the end of every second fiscal year, to submit to specified congressional committees a report describing actions taken to implement the process for the indentification, review, and implementation of proposals, and the results of proposals so implemented. Authorizes appropriations for implementation of specified fish and wildlife restoration proposals for FY 1996 through 2002.

Great Lakes Fish and Wildlife Restoration Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Radiological Materials Security Act''. SEC. 2. FINDING AND PURPOSES. (a) Finding.--The Congress finds that radiological materials used in medical, industrial, academic, and other facilities must be secured to prevent theft for possible use in a radiological dispersion device by terrorists. (b) Purposes.--The purposes of this Act are to support and extend the current cooperative efforts of the Department of Homeland Security, the Nuclear Regulatory Commission, and the Department of Energy to secure radiological source materials against access by terrorists, by establishing, in statute, requirements and authority for a security system for domestic sources of radiological materials that could be used to make a radiological dispersion device, implemented by the Department of Homeland Security, the Nuclear Regulatory Commission, State and local law enforcement and public health authorities, and facilities possessing radiological materials with the support of the Department of Energy. SEC. 3. RESPONSIBILITIES OF THE SECRETARY OF HOMELAND SECURITY. (a) In General.--Title XIX of the Homeland Security Act of 2002 (6 U.S.C. 592 et seq.) is amended by adding at the end the following: ``SEC. 1908. RADIOLOGICAL MATERIALS SECURITY. ``(a) Terrorism Risk Assessment.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Radiological Materials Security Act, the Secretary shall enhance domestic preparedness for and collective response to terrorism by conducting a risk assessment regarding the threat, vulnerability, and consequences of theft or other procurement of radiological materials that could be used by a terrorist in a radiological dispersion device, including any specific threat information pertinent to the use of radiological materials in a possible terrorist attack using a radiological dispersion device. ``(2) Considerations.--In conducting the terrorism risk assessment the Secretary shall-- ``(A) consult with the Secretary of Energy and the Nuclear Regulatory Commission; ``(B) consider relevant studies previously prepared by other Federal agencies, or other reputable sources; ``(C) focus on those radiological materials that constitute the greatest risk, and designate those materials as high-risk radiological materials for purposes of this section; ``(D) consider the potential radiological dispersion device value of different radiological materials including availability, dispersability, and ease of handling of such materials; ``(E) consider the vulnerability for theft or other procurement that different facilities represent; and ``(F) consider the consequences of a successful radiological dispersion device attack, including risk of death or injury and economic losses. ``(3) Consultation.--In conducting the terrorism risk assessment, the Secretary shall consult with the intelligence community, the Secretary of Energy and the Field Intelligence Elements of the National Laboratories, and the Nuclear Regulatory Commission, the Secretary of Defense, and other appropriate experts to integrate and analyze information needed to develop the risk assessment. ``(4) Dissemination of findings.--The Secretary shall disseminate the findings of the risk assessment and any specific risk information developed in the assessment to all participants in the radiological sources security system described in the Radiological Materials Security Act including the Nuclear Regulatory Commission, the Secretary of Energy, State and local agencies, and the facilities containing radiological source material and regulated by the Nuclear Regulatory Commission. ``(5) Classification.--The Secretary-- ``(A) shall develop a classification system for information regarding radiological materials and shall classify the terrorism risk assessment at the appropriate level under such system; and ``(B) shall share the terrorism risk assessment with all participants with appropriate clearances. The Secretary shall also make available an unclassified version to all participants in the radiological sources security system described in the Radiological Materials Security Act. ``(b) Terrorism Risk Self-Assessment Tool.-- ``(1) In general.--The Secretary shall develop a terrorism risk self-assessment tool for facilities to ascertain the risk posed to a facility due to its possession, transport, sale, or use of material that is designated in the terrorism risk assessment under subsection (a) as a high-risk radiological material. ``(2) Distribution and use.--The Secretary shall provide the terrorism risk self-assessment tool to the Nuclear Regulatory Commission, which shall provide it to facilities included in the radiological sources security system described in the Radiological Materials Security Act. ``(c) Security Practices.-- ``(1) In general.--The Secretary shall issue recommended practices for securing high-risk radiological materials based on best practices utilized in securing radioactive sources in the United States and abroad. ``(2) Risk tiers.--The recommended security practices shall be tiered based on-- ``(A) the type of radiological material secured; ``(B) the quantity of radiological material secured; ``(C) the use of and ease of access to the radiological material at the facility; ``(D) the type of facility; and ``(E) the risk that the radiological material secured poses if used in an radiological dispersion device. ``(3) Included practices.--The recommended security practices shall include practices for-- ``(A) facility access; ``(B) physical security of radiological material sources; ``(C) use of less dangerous sources of radiological material; and ``(D) licensing and tracking procedures for radiological materials. ``(d) Security Upgrade Funding.--The Secretary, subject to the availability of appropriations, shall make available infrastructure protection grants for domestic preparedness and collective response to terrorism to owners and operators of facilities for which the Nuclear Regulatory Commission or an Agreement State has approved a facility security plan under section 4(f) of the Radiological Materials Security Act to help cover the cost of the site security plan development and implementation. ``(e) Definitions.--In this section: ``(1) Agreement state.--The term `Agreement State' means a State that has signed an agreement with the Nuclear Regulatory Commission pursuant to section 274b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)). ``(2) High risk radiological material.--The term `high-risk radiological material' means radiological material that is designated by the Secretary under subsection (a)(2). ``(3) Participating facility.--The term `participating facility' means a private or publicly owned facility that contains radiological material and is licensed by the Nuclear Regulatory Commission or an Agreement State. ``(f) Authorization of Appropriations.--To carry out this section there is authorized to be appropriated to the Secretary $20,000,000, of which $10,000,000 shall be for fiscal year 2010 for grants under subsection (e).''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title XIX the following: ``Sec. 1908. Radiological materials security.''. SEC. 4. RESPONSIBILITIES OF THE NUCLEAR REGULATORY COMMISSION. (a) Regulations.--Not later than two years after the date of enactment of this Act the Nuclear Regulatory Commission shall update, and as necessary promulgate, and enforce regulations for security of radiological materials against the threat of terrorism at facilities containing radiological materials, and maintain and update a nuclear materials events database. Such regulations shall include the security practices developed by the Secretary of Homeland Security pursuant to section 1908 of the Homeland Security Act of 2002, as added by section 3 of this Act. The regulations shall be tiered so that required security practices of facilities are commensurate with the risk that the materials pose. The Nuclear Regulatory Commission shall determine which risk tier a facility is placed in with the aid of the risk self- assessment tool described in section 1908(b) of such Act and the recommended tiers described in paragraph (2) of that subsection. (b) Site Inspections.--The Nuclear Regulatory Commission, or an Agreement State, shall conduct inspections of facilities covered under the regulations promulgated under subsection (a), the frequency and thoroughness of which shall be determined by the Nuclear Regulatory Commission commensurate with the facility's risk tier. (c) Penalties.--The regulations promulgated under subsection (a) shall include appropriate administrative, civil, and criminal penalties, including revocation of the facility's license issued by the Nuclear Regulatory Commission or an Agreement State. (d) Nuclear Materials Events Database.--The Nuclear Regulatory Commission shall maintain and update a database to track regulated radiological materials and orphaned, lost, or stolen radiological materials, and require that Nuclear Regulatory Commission licensees and Agreement State licensees report to the Nuclear Regulatory Commission the amounts of such radiological material every 6 months, and promptly report orphaned, lost, or stolen sources. The Nuclear Regulatory Commission shall grant access to the Nuclear Materials Events Database to the Secretary. (e) Terrorism Risk Self-Assessment Tool.--The Nuclear Regulatory Commission or Agreement States, as appropriate, shall provide to participating facilities the risk self-assessment tool provided to the Nuclear Regulatory Commission by the Secretary pursuant to section 1908(b) of the Homeland Security Act of 2002, as added by section 3 of this Act. The Nuclear Regulatory Commission and Agreement States shall require all participating facilities to use the risk self-assessment tool to conduct a risk self-assessment and provide the results to the Nuclear Regulatory Commission or an Agreement State, as appropriate, within 30 days of receipt of the risk self-assessment tool. The Nuclear Regulatory Commission shall use these results to tier facilities pursuant to subsection (a). The Nuclear Regulatory Commission shall make available to the Secretary the results of the risk self- assessments. (f) Facility Security Plans.-- (1) In general.--The Nuclear Regulatory Commission shall issue regulations that require the owner or operator of a facility containing high-risk radiological material to create, submit to the Nuclear Regulatory Commission and Agreement States, as appropriate, and implement a facility security plan to address the vulnerabilities determined by the facility's risk assessment and any other requirements determined by the Nuclear Regulatory Commission. The Nuclear Regulatory Commission and Agreement States, as appropriate, shall require a facility security plan to be submitted by a participating facility to the Nuclear Regulatory Commission and an Agreement State within 90 days after submission of the risk self- assessment pursuant to subsection (e). (2) Contents.--The regulations shall require that a facility security plan shall describe-- (A) policies, procedures, personnel, and equipment necessary to implement the plan; and (B) the cost of implementation of the plan. (3) Review of security plans.--The Nuclear Regulatory Commission or an Agreement State, as appropriate, shall review the facility security plan submitted under this subsection for each facility to ensure the plan meets the requirements of the facility's risk tier. (4) Approval and enforcement.--The Nuclear Regulatory Commission or an Agreement State, as appropriate, must approve or disapprove a facility security plan within 90 days of receipt from the facility. If the facility security plan is not approved, the Nuclear Regulatory Commission or Agreement State, as appropriate, shall clearly explain the shortcomings and allow the participating facility 30 days to correct the facility security plan. If after 30 days the facility fails to provide to the Nuclear Regulatory Commission or Agreement State, as appropriate, an approvable plan, the Nuclear Regulatory Commission or Agreement State, as appropriate, shall apply appropriate penalties to the facility as described in subsection (c). (5) Site visits.--The Nuclear Regulatory Commission or an Agreement State, as appropriate, shall conduct visits to participating facilities to provide expert guidance on design and implementation of the facility security plan. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Nuclear Regulatory Commission for carrying out this section $10,000,000 for fiscal year 2010. The Nuclear Regulatory Commission is authorized to transfer a portion of those funds to Agreement States in order to carry out the requirements of this Act. SEC. 5. RESPONSIBILITIES OF THE DEPARTMENT OF ENERGY. The Secretary of Energy shall provide technical assistance for securing high-risk radiological materials to the Department of Homeland Security, the Nuclear Regulatory Commission, State and local authorities, and the participating facilities. SEC. 6. RADIOLOGICAL DISPERSION DEVICE RECOVERY AND RESPONSE. Nothing in this Act or the amendments made by this Act affects the responsibilities of the Department of Energy to recover orphaned sources of radiological materials or to conduct response and recovery operations with respect to such materials.

Radiological Materials Security Act - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to enhance domestic preparedness for and collective response to terrorism by conducting a risk assessment regarding the threat of, vulnerability to, and consequences of theft or other procurement of radiological materials that could be used by a terrorist in a radiological dispersion device. Requires the Secretary to: (1) disseminate the findings of, and specific risk information developed in, the assessment to participants in the radiological sources security system; (2) develop a classification system for information regarding radiological materials and classify the assessment under such system; (3) share the assessment with participants with appropriate clearances; (4) develop a terrorism risk self-assessment tool for facilities to ascertain risk and provide it to the Nuclear Regulatory Commission (NRC), which shall disseminate it to system facilities; (5) issue recommended practices for securing high-risk radiological materials; and (6) make available infrastructure protection grants to owners and operators of facilities with approved facility security plans. Directs the NRC to: (1) update, promulgate, and enforce regulations for the security of radiological materials; (2) maintain and update a nuclear materials events database and a database to track regulated radiological materials and orphaned, lost, or stolen radiological materials; and (3) issue regulations requiring the owner or operator of a facility containing high-risk radiological material to create, submit to the NRC and certain states, and implement facility security plans to address vulnerabilities. Directs the Secretary of Energy to provide technical assistance for securing high-risk radiological materials to the Department of Homeland Security (DHS), the NRC, state and local authorities, and participating facilities.

To amend the Homeland Security Act of 2002 to secure domestic sources of radiological materials that could be used to make a radiological dispersion device against access by terrorists, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``DACA Compromise Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) In general.--Any term used in this Act that is used in the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) shall have the meaning given such term in the immigration laws. (2) DACA.--The term ``DACA'' means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals program announced by President Obama on June 15, 2012. (3) Disability.--The term ``disability'' has the meaning given such term in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)). (4) Poverty line.--The term ``poverty line'' has the meaning given such term in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902). (5) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. SEC. 3. PERMANENT RESIDENT STATUS FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN. (a) In General.--The Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien-- (1) who has been continuously present in the United States since June 15, 2012; (2) who was granted DACA, unless the alien has engaged in conduct since the alien was granted DACA that would have rendered the alien ineligible for DACA renewal under the Deferred Action for Childhood Arrivals program, as in effect before September 5, 2017; (3) who makes application for such adjustment not earlier than the date that is 2 years after the date on which the alien first was granted DACA; (4) otherwise satisfies the requirements of this section; and (5) to whom is available an immigrant visa pursuant to section 4. (b) Procedures.-- (1) In general.--The Secretary of Homeland Security shall by rule establish a procedure allowing eligible individuals to apply for the relief available under this section without requiring placement in removal proceedings and without requiring the immediate availability of an immigrant visa pursuant to section 4. Such procedure shall provide for the ability of a minor to apply for such relief, including through a legal guardian or counsel. (2) Aliens subject to removal.--The Secretary shall provide a reasonable opportunity to apply for relief under this section to any alien who requests such an opportunity or who appears prima facie eligible for relief under this section if the alien is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order. (c) Application Fee.-- (1) In general.--The Secretary may require an alien applying for permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application. (2) Exemption.--An applicant may be exempted from paying the fee required under paragraph (1) if the alien-- (A)(i) is younger than 18 years of age; (ii) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and (iii) is in foster care or otherwise lacking any parental or other familial support; (B) is younger than 18 years of age and is homeless; (C)(i) cannot care for himself or herself because of a serious, chronic disability; and (ii) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or (D)(i) during the 12-month period immediately preceding the date on which the alien files an application under this section, accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and (ii) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line. (d) Submission of Biometric and Biographic Data.--The Secretary may not grant an alien permanent resident status under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment. (e) Background Checks.-- (1) Requirement for background checks.--The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate-- (A) to conduct security and law enforcement background checks of an alien seeking permanent resident status under this section; and (B) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status. (2) Completion of background checks.--The security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien permanent resident status under this section. (f) Medical Examination.-- (1) Requirement.--An alien applying for permanent resident status under this section shall undergo a medical examination. (2) Policies and procedures.--The Secretary, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of the examination required under paragraph (1). (g) Military Selective Service.--An alien applying for permanent resident status under this section shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. 3801 et seq.), if the alien is subject to registration under such Act. (h) Treatment of Aliens Pending Grant of Permanent Residence.-- (1) Limitation on removal.--The Secretary or the Attorney General may not remove an alien who-- (A) has pending an application for relief under this section and appears prima facie eligible for such relief; (B) has an approved application for relief under this section and is awaiting the availability of an immigrant visa pursuant to section 4; or (C) is ineligible to apply for relief under this section solely due to the date limitation in subsection (a)(3). (2) Provisional protected status.-- (A) In general.--In the case of an alien described in paragraph (1) whose DACA grant has ended, the Secretary shall grant provisional protected presence to the alien and shall provide the alien with employment authorization effective until the date on which-- (i) the alien's application for relief under this section is finally denied; or (ii) the Secretary cancels the removal of the alien and adjusts the status of the alien to that of an alien lawfully admitted for permanent residence. (B) Status during period of provisional protected presence.--An alien granted provisional protected presence is not considered to be unlawfully present in the United States during the period beginning on the date such status is granted and ending on a date described in subparagraph (A), except that the Secretary may rescind an alien's provisional protected presence and employment authorization under this paragraph if the Secretary determines that the alien-- (i) poses a threat to national security or a threat to public safety; (ii) has traveled outside of the United States without authorization from the Secretary; or (iii) has ceased to be continuously present in the United States since June 15, 2012. (i) Treatment of Certain Breaks in Presence.-- (1) In general.--An alien shall be considered to have failed to maintain continuous presence in the United States under subsections (a)(1) and (h)(2)(B)(iii) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days, unless such departure was authorized by the Secretary of Homeland Security. (2) Exception.--An alien who departed from the United States after the date of the enactment of this Act shall not be considered to have failed to maintain continuous presence in the United States if the alien's absences from the United States are brief, casual, and innocent, whether or not such absences were authorized by the Secretary. (3) Extensions for exceptional circumstances.--The Secretary of Homeland Security may extend the time periods described in paragraph (1) if the alien demonstrates that the failure to timely return to the United States was due to exceptional circumstances. Exceptional circumstances sufficient to justify an extension may include the serious illness of the alien, or death or serious illness of a spouse, parent, grandparent, sibling, or child. SEC. 4. AVAILABILITY OF IMMIGRANT VISAS. (a) Temporary Reallocation of Certain Visas.--Beginning in the first fiscal year in which an immigrant visa is needed under section 3(a)(5) for an alien who is the beneficiary of an approved application for relief under section 3, the visas described in subsection (b) that are otherwise available for the aliens described in such subsection shall be reallocated as necessary for purposes of making visas available under section 3(a)(5). (b) Visas Described.--For each fiscal year, the visas described in this subsection are the following: (1) Visas otherwise allotted to the brothers and sisters of citizens of the United States under section 203(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(4)). (2) Visas otherwise allotted to diversity immigrants under section 203(c) of such Act (8 U.S.C. 1153(c)), disregarding any visas necessary to offset adjustments of status under section 309 of the Illegal Immigration Reform and Immigrant Responsibility (8 U.S.C. 1101 note), as required by section 203(d) of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1151 note). (3) One half of the visas otherwise allotted to married sons and married daughters of citizens of the United States under section 203(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(3)). (4) One half of the visas otherwise allotted to skilled workers, professionals, and other workers under section 203(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(3)), disregarding any visas necessary to offset adjustments of status under section 309 of the Illegal Immigration Reform and Immigrant Responsibility (8 U.S.C. 1101 note), as required by section 203(e) of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1151 note). (c) Termination.--In no case shall the total number of visas reallocated under subsection (a) exceed the total number of aliens who have had an application approved under section 3.

DACA Compromise Act of 2018 This bill directs the Department of Homeland Security (DHS) to cancel the removal of, and adjust to permanent resident status the status of, an alien: (1) who has been continuously present in the United States since June 15, 2012; (2) who was granted deferred removal as an undocumented alien pursuant to the Deferred Action for Childhood Arrivals (DACA) program, unless the individual engaged in subsequent conduct that would have rendered the alien ineligible for program renewal; (3) who applies for adjustment not earlier than two years after he or she was granted such deferred removal; (4) who otherwise satisfies the requirements of this bill, and (5) to whom an immigrant visa is available. The bill reallocates specified family, employment, and diversity visas for such approved individuals. DHS shall allow eligible individuals, including minors, to apply for relief without requiring: (1) placement in removal proceedings, or (2) immediate immigrant visa availability. DHS shall provide a reasonable opportunity to apply for relief under this bill to any alien who: (1) requests such an opportunity, or (2) appears prima facie eligible for relief if the alien is in removal proceedings or is the subject of a final removal or voluntary departure order. An applicant for permanent resident status shall: (1) submit biometric and biographic data, (2) undergo law enforcement and security background checks and a medical examination, and (3) meet applicable selective service registration requirements. The Department of Justice may not remove certain individuals who: (1) have a pending application and appear prima facie eligible for relief, (2) have an approved application and are awaiting the availability of an immigrant visa, or (3) are ineligible to apply for relief solely due to the date limitation for applying for adjustment under this bill. DHS shall provide provisional protected status to such individuals whose DACA grant has ended.

DACA Compromise Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Educating Tomorrow's Workforce Act of 2014.''. SEC. 2. DEFINITIONS. Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) is amended-- (1) by redesignating paragraphs (6) through (9), (10) through (23), and (24) through (34), as paragraphs (7) through (10), (12) through (25), and (27) through (37), respectively; (2) by inserting after paragraph (5) the following: ``(6) Career and technical education program of study.--The term `career and technical education program of study' means a coordinated, non-duplicative sequence of secondary and postsecondary academic and technical courses that-- ``(A) incorporate rigorous, State-identified college and career readiness standards, including State-identified career and technical education standards that address both academic and technical contents; ``(B) support attainment of employability and career readiness skills; ``(C) progress in content specificity (by beginning with all aspects of an industry or career cluster and leading to more occupationally specific instruction or by preparing students for ongoing postsecondary career preparation); ``(D) incorporate multiple entry and exit points with portable demonstrations of technical or career competency, which may include credit-transfer agreements or industry-recognized certifications; and ``(E) culminate in the attainment of-- ``(i) an industry-recognized certification, credential, or license; ``(ii) a registered apprenticeship or credit-bearing postsecondary certificate; or ``(iii) an associate or baccalaureate degree.''; (3) by inserting after paragraph (10), as redesignated by paragraph (1), the following: ``(11) Credit-transfer agreement.--The term `credit- transfer agreement' means an opportunity for secondary students to be awarded transcripted postsecondary credit, supported with a formal agreement between secondary and postsecondary education systems, for-- ``(A) technical credit such as dual enrollment, dual credit, or articulated credit, which may include credit by examination or credit by performance on technical assessments; or ``(B) academic credit such as dual enrollment, dual credit, or articulated credit, which may include credit by examination or credit by performance on academic assessments.''; and (4) by inserting after paragraph (25), as redesignated by paragraph (1), the following: ``(26) Registered apprenticeship program.--The term `registered apprenticeship program' means an apprenticeship program-- ``(A) registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); and ``(B) that meets such other criteria as may be established by the Secretary under this section.''. SEC. 3. STATE PLAN. Section 122(c)(1) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)) is amended-- (1) by striking subparagraph (A); (2) by redesignating subparagraphs (B) through (L) as subparagraphs (A) through (K), respectively; and (3) in subparagraph (A), as redesignated by paragraph (2), by striking ``the career and technical programs of study described in subparagraph (A)'' and inserting ``career and technical education programs of study, including a description of how the eligible agency will ensure the quality of any program of study culminating in an industry-recognized certificate, credential, or license''. SEC. 4. STATE LEADERSHIP ACTIVITIES. Section 124 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344) is amended-- (1) in subsection (b)(6), by striking ``programs of study, as described in section 122(c)(1)(A)'' and inserting ``education programs of study''; and (2) in subsection (c)-- (A) in paragraph (9), by striking ``, career academies,''; (B) in paragraph (16)(B), by striking ``and'' after the semicolon; (C) in paragraph (17), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(18) support for career academies, which-- ``(A) implement a college and career ready curriculum at the secondary education level that integrates rigorous academic, technical, and employability contents through career and technical education programs of study and high-quality elements, including those described in section 134(b)(7); ``(B) include experiential or work-based learning for secondary school students, in collaboration with local and regional employers; ``(C) include opportunities for secondary school students to earn postsecondary credit while in secondary school, such as through credit transfer agreements including dual enrollment; and ``(D) establish and maintain ongoing partnerships-- ``(i) between the local educational agency, business and industry, and institutions of higher education, or postsecondary vocational institutions (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))); and ``(ii) which may also include local government, such as workforce and economic development entities.''. SEC. 5. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS. Section 134(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2354(b)) is amended-- (1) in paragraph (3)(A), by striking ``programs of study described in section 122(c)(1)(A)'' and inserting ``education programs of study''; and (2) by striking paragraph (7) and inserting the following: ``(7) describe how the eligible recipient will conduct an assessment of local needs related to career and technical education as part of the local plan development process and how such needs assessment will be updated annually in subsequent years of the local plan, including how the needs assessment includes an evaluation of progress toward specific elements leading to high-quality implementation of career and technical education programs of study, including-- ``(A) sustained, intensive, and focused professional development for teachers, principals, administrators, and school counselors on both content and pedagogy that-- ``(i) supports high-quality academic and career and technical education instruction; and ``(ii) ensures local, regional, and State labor market information as applicable is utilized to make informed decisions about program offerings and to advise students of career opportunities and benefits; ``(B) a curriculum aligned with the requirements for a career and technical education program of study; ``(C) teaching and learning strategies focused on the integration of academic and career and technical education content, including supports necessary to implement such strategies; ``(D) ongoing relationships between education, business and industry, and other community stakeholders; ``(E) opportunities for secondary students to earn postsecondary credit while in secondary school, such as through credit transfer agreements including dual enrollment; ``(F) career and technical student organizations, or other activities that promote the development of leadership and employability skills; ``(G) appropriate equipment and technology aligned with business and industry needs; ``(H) a continuum of work-based learning opportunities, such as job shadowing, mentorships, internships, apprenticeships, clinical experiences, service learning experiences, and cooperative education; ``(I) valid and reliable technical skills assessments to measure student achievement, which may include industry-recognized certifications or may lead to other credentials; ``(J) support services to ensure equitable participation for all students; and ``(K) recruitment and retention efforts to ensure highly effective educators, principals, and administrators.''. SEC. 6. LOCAL USES OF FUNDS. Section 135 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``programs of study described in section 122(c)(1)(A)''; and inserting ``education programs of study''; and (B) in paragraph (2), by striking ``career and technical program of study described in section 122(c)(1)(A)'' and inserting ``career and technical education program of study''; and (2) in subsection (c)-- (A) in paragraph (19)-- (i) in subparagraph (C), by striking ``programs of study described in section 122(c)(1)(A)'' and inserting ``education programs of study''; and (ii) in subparagraph (D), by striking ``and'' after the semicolon; (B) in paragraph (20), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(21) to provide support for career academies, as described in section 124(c)(18).''. SEC. 7. CONFORMING AMENDMENTS. Section 113 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323) is amended-- (1) in subsection (b)(4)(C)(ii)(I), by striking ``section 3(29)'' and inserting ``section 3(32)''; and (2) in subsection (c)(2)(A), by striking ``section 3(29)'' and inserting ``section 3(32)''.

Educating Tomorrow's Workforce Act of 2014 - Amends the Carl D. Perkins Career and Technical Education Act of 2006 to revise the requirements for the plan of a state seeking federal assistance for career and technical education programs. Requires the state plan to describe how the eligible state agency will ensure the quality of any program of study culminating in an industry-recognized certificate, credential, or license. Requires state agency leadership activities to support career academies which: implement a college and career ready curriculum at the secondary education level integrating rigorous academic, technical, and employability contents; include experiential or work-based learning for secondary school students, in collaboration with local and regional employers; include opportunities for secondary school students to earn postsecondary credit while in secondary school; and establish and maintain ongoing partnerships between the local educational agency, business and industry, and institutions of higher education, or postsecondary vocational institutions, including local government. Requires the local plan for career and technical education programs to describe: (1) how the eligible recipient of assistance will assess local needs related to career and technical education as part of the local plan development process, and (2) how this needs assessment will be updated annually, especially on progress toward specific elements leading to high-quality implementation of career and technical education programs of study. Authorizes the local use of funds for improving such programs to support career academies.

Educating Tomorrow's Workforce Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Telephone Billing Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) For years, telephone users have complained that their wireline telephone bills included unauthorized third-party charges. (2) This problem, commonly referred to as ``cramming'', first appeared in the 1990s, after wireline telephone companies opened their billing platforms to an array of third-party vendors offering a variety of services. (3) Since the 1990s, the Federal Communications Commission, the Federal Trade Commission, and State attorneys general have brought multiple enforcement actions against dozens of individuals and companies for engaging in cramming. (4) An investigation by the Committee on Commerce, Science, and Transportation of the Senate confirmed that cramming is a problem of massive proportions and has affected millions of telephone users, costing them billions of dollars in unauthorized third-party charges over the past decade. (5) The Committee showed that third-party billing through wireline telephone numbers has largely failed to become a reliable method of payment that consumers and businesses can use to conduct legitimate commerce. (6) Telephone companies regularly placed third-party charges on their customers' telephone bills without their customers' authorization. (7) Many companies engaged in third-party billing were illegitimate and created solely to exploit the weaknesses in the third-party billing platforms established by telephone companies. (8) In the last decade, millions of business and residential consumers have transitioned from wireline telephone service to interconnected VoIP service. (9) Users of interconnected VoIP service often use the service as the primary telephone line for their residences and businesses. (10) Millions more business and residential consumers are expected to migrate to interconnected VoIP service in the coming years as the evolution of the nation's traditional voice communications networks to IP-based networks continues. (11) Users of interconnected VoIP service that have telephone numbers through the service should be protected from the same vulnerabilities that affected third-party billing through wireline telephone numbers. SEC. 3. UNAUTHORIZED THIRD-PARTY CHARGES. (a) In General.--Section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended-- (1) by amending the heading to read as follows: ``sec. 258. preventing illegal changes in subscriber carrier selections and unauthorized third-party charges.''; and (2) by adding at the end the following: ``(c) Prohibition.-- ``(1) In general.--No local exchange carrier or provider of interconnected VoIP service shall place or cause to be placed a third-party charge that is not directly related to the provision of telephone services on the bill of a customer, unless-- ``(A) the third-party charge is from a contracted third-party vendor; ``(B) the third-party charge is for a product or service that a local exchange carrier or provider of interconnected VoIP service jointly markets or jointly sells with its own service; ``(C) the customer was provided with clear and conspicuous disclosure of all material terms and conditions prior to consenting under subparagraph (D); ``(D) the customer provided affirmative consent for the placement of the third-party charge on the bill; and ``(E) the local exchange carrier or provider of interconnected VoIP service has implemented reasonable procedures to ensure that the third-party charge is for a product or service requested by the customer. ``(2) Forfeiture and refund.-- ``(A) In general.--Any person who commits a violation of paragraph (1) shall be subject to a civil forfeiture, which shall be determined in accordance with section 503 of title V of this Act, except that the amount of the penalty shall be double the otherwise applicable amount of the penalty under that section. ``(B) Refund.--Any local exchange carrier or provider of interconnected VoIP service that commits a violation of paragraph (1) shall be liable to the customer in an amount equal to all charges paid by that customer related to the violation of paragraph (1), in accordance with such procedures as the Commission may prescribe. ``(3) Additional remedies.--The remedies under this subsection are in addition to any other remedies provided by law. ``(4) Definitions.--In this subsection: ``(A) Affirmative consent.--The term `affirmative consent' means express verifiable authorization. ``(B) Contracted third-party vendor.--The term `contracted third-party vendor' means a person that has a contractual right to receive billing and collection services from a local exchange carrier or a provider of interconnected VoIP service for a product or service that the person provides directly to a customer. ``(C) Third-party charge.--The term `third-party charge' means a charge for a product or service not provided by a local exchange carrier or a provider of interconnected VoIP service.''. (b) Rulemaking.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Federal Communications Commission, in consultation with the Federal Trade Commission, shall prescribe any rules necessary to implement the provisions of this section. (2) Minimum contents.--At a minimum, the regulations promulgated by the Federal Communications Commission under this subsection shall-- (A) define how local exchange carriers and providers of interconnected VoIP service will obtain affirmative consent from a consumer for a third-party charge; (B) include adequate protections to ensure that consumers are fully aware of the charges to which they are consenting; and (C) impose recordkeeping requirements on local exchange carriers and providers of interconnected VoIP service related to any grants of affirmative consent by consumers. (c) Effective Date.--The Federal Communications Commission shall prescribe that any rule adopted under subsection (b) shall become effective for a local exchange carrier or provider of interconnected VoIP service not later than the date that the carrier's or provider's contractual obligation to permit another person to charge a customer for a good or service on a bill rendered by the carrier or provider expires, or 180 days after the date of enactment of this Act, whichever is earlier. SEC. 4. RELATIONSHIP TO OTHER LAWS. (a) No Preemption of State Laws.--Nothing in this Act shall be construed to preempt any State law, except that no State law may relieve any person of a requirement otherwise applicable under this Act. (b) Preservation of FTC Authority.--Nothing in this Act shall be construed as modifying, limiting, or otherwise affecting the applicability of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other law enforced by the Federal Trade Commission. SEC. 5. SEVERABILITY. If any provision of this Act or the application of that provision to any person or circumstance is held invalid, the remainder of this Act and the application of that provision to any other person or circumstance shall not be affected thereby.

Fair Telephone Billing Act of 2013 - Amends the Communications Act of 1934 to prohibit local exchange carriers or providers of interconnected VoIP (Voice over Internet Protocol) service from placing, or causing to be placed, a third-party charge that is not directly related to the provision of telephone services on the bill of a customer, unless: (1) the third-party charge is from a contracted third-party vendor and for a product or service that the carrier or provider markets or sells jointly with its own service, (2) the customer provided affirmative consent for the charge, (3) the customer was provided with a disclosure of material terms and conditions prior to such consent, and (4) the charge is implemented with reasonable procedures to ensure that the customer has requested the product or service. Defines: (1) a "third-party charge" as a charge for a product or service not provided by a local exchange carrier or a provider of interconnected VoIP service, and (2) a "contracted third-party vendor" as a person with a contractual right to receive billing and collection services from such a carrier or provider for a product or service the person provides directly to a customer. Subjects violators to civil forfeiture and specified penalties and refund requirements. Directs the Federal Communications Commission (FCC) to promulgate rules to: (1) define how local exchange carriers and providers of interconnected VoIP service will obtain affirmative consent from a consumer for a third-party charge, (2) ensure that consumers are fully aware of the charges to which they are consenting, and (3) impose recordkeeping requirements on such carriers and providers related to any grants of affirmative consent by consumers.

Fair Telephone Billing Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cutting Earmarks And Savings Enforcement (CEASE) Act''. SEC. 2. ESTABLISHMENT OF DISCRETIONARY DEFICIT REDUCTION ACCOUNT. (a) Discretionary Deficit Reduction Account.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``discretionary deficit reduction account ``Sec. 316. (a) Establishment of Account.--The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain an account to be known as the `deficit reduction Discretionary Account'. The Account shall be divided into entries corresponding to the subcommittees of the Committee on Appropriations of that House and each entry shall consist of the `deficit reduction Balance'. ``(b) Components.--Each entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made. ``(c) Crediting of Amounts to Account.-- ``(1)(A) Whenever a Member or Senator, as the case may be, offers an amendment to an appropriation bill to reduce new budget authority in any account, that Member or Senator may state the portion of such reduction that shall be credited to-- ``(i) the deficit reduction Balance; ``(ii) used to offset an increase in new budget authority in any other account; or ``(iii) allowed to remain within the applicable section 302(b) suballocation. ``(B) Whenever a Member or Senator, as the case may be, offers an amendment to an appropriation bill dedicated to deficit reduction, the amount of new budget authority so dedicated shall be credited to the deficit reduction Balance. ``(2) If no such statement is made under paragraph (1)(A), the amount of reduction in new budget authority resulting from the amendment shall be credited to the deficit reduction Balance, as applicable, if the amendment is agreed to. ``(3) Except as provided by paragraph (4), the chairman of the Committee on the Budget of the House of Representatives or Senate shall, upon the engrossment of any appropriation bill by that House, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill plus the amounts of earmarks dedicated to deficit reduction (whether offered as an amendment to the bill or included in the chairman's mark of the bill at the request of a Member of that House) agreed to by that House to that bill. ``(4) When computing the net amounts of reductions in new budget authority and in outlays and the amounts of earmarks dedicated to deficit reduction resulting from amendments agreed to by the House of Representatives or Senate to an appropriation bill and the amounts of earmarks dedicated to deficit reduction that were included in the chairman's mark of the bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members offering such amendments as amounts to be credited to the deficit reduction Balance plus the amounts of earmarks dedicated to deficit reduction (whether offered as an amendment to the bill or included in the chairman's mark of the bill at the request of a Member of that House), or that fall within paragraph (2). ``(5) The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House. ``(d) Calculation of Savings in Deficit Reduction Accounts in the House of Representatives and Senate.-- ``(1) For the purposes of enforcing section 302(a), upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (c)(3) shall be counted against the 302(a) allocation provided to the Committee on Appropriations as if the amount calculated pursuant to subsection (c)(3) was included in the bill just engrossed. ``(2) For purposes of enforcing section 302(b), upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, the 302(b) allocation provided to the subcommittee for the bill just engrossed shall be deemed to have been reduced by the amount of budget authority and outlays calculated, pursuant to subsection (c)(3). ``(e) Definition.--As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations through the end of fiscal year 2011 or any subsequent fiscal year, as the case may be.''. SEC. 3. ESTABLISHMENT OF MANDATORY DEFICIT REDUCTION ACCOUNT. Title III of the Congressional Budget Act of 1974 (as amended by section 2) is further amended by adding at the end the following new section: ``mandatory deficit reduction account ``Sec. 317. (a) Establishment of Account.--The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain an account to be known as the `deficit reduction Mandatory Account'. The Account shall be divided into entries corresponding to the House of Representatives or Senate committees, as applicable, that received allocations under section 302(a) in the most recently adopted joint resolution on the budget, except that it shall not include the Committee on Appropriations of that House and each entry shall consist of the `First Year deficit reduction Account' and the `Five Year deficit reduction Account' or the period covered by the resolution on the budget for that fiscal year, as applicable. ``(b) Components.--Each entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made. ``(c) Calculation of Account Savings in House and Senate.--For the purposes of enforcing section 302(a), upon the engrossment of any bill, other than an appropriation bill, by the House of Representatives or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (d)(3) shall be counted against the 302(a) allocation provided to the applicable committee or committees of that House which reported the bill as if the amount calculated pursuant to subsection (d)(3) was included in the bill just engrossed. ``(d) Crediting of Amounts to Account.-- ``(1) Whenever a Member or Senator, as the case may be, offers an amendment to a bill that reduces the amount of mandatory budget authority provided either under current law or proposed to be provided by the bill under consideration, that Member or Senator may state the portion of such reduction achieved in the first year covered by the most recently adopted joint resolution on the budget and in addition the portion of such reduction achieved in the first five years covered by the most recently adopted joint resolution on the budget that shall be credited to the First Year deficit reduction Balance and the Five Year deficit reduction Balance, as applicable, if the amendment is agreed to. ``(2) Except as provided by paragraph (3), the chairman of the Committee on the Budget of the House of Representatives or Senate, as applicable, shall, upon the engrossment of any bill, other than an appropriation bill, by the House of Representatives or Senate, as applicable, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill. ``(3) When computing the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by the House of Representatives or Senate, as applicable, to a bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members or Senators offering such amendments as amounts to be credited to the First Year deficit reduction Balance and the Five-Year deficit reduction Balance, or that fall within paragraph (2). ``(4) The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House. ``(e) Definition.--As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations through the end of fiscal year 2011 or any subsequent fiscal year, as the case may be.''. SEC. 4. CONFORMING AMENDMENT. The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new items: ``Sec. 316. Discretionary deficit reduction account. ``Sec. 317. Mandatory deficit reduction account.''.

Cutting Earmarks And Savings Enforcement (CEASE) Act - Amends the Congressional Budget Act of 1974 to require each of the chairs of the congressional budget committees to maintain a deficit reduction Discretionary Account and a deficit reduction Mandatory Account. Prescribes procedures for the crediting to such accounts of the amounts of either discretionary or mandatory deficit reduction in any amendment to a bill that reduces the appropriate budget authority.

To amend the Congressional Budget Act of 1974 to establish discretionary and mandatory deficit reduction accounts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Connect Grant Program Act of 2018''. SEC. 2. COMMUNITY CONNECT GRANT PROGRAM. Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.) is amended by adding at the end the following: ``SEC. 604. COMMUNITY CONNECT GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Eligible broadband service.--The term `eligible broadband service' means broadband service, as defined in section 601, that operates at or above the applicable minimum download and upload speeds established by the Federal Communications Commission in defining the term `advanced telecommunications capability' for purposes of section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302). ``(2) Eligible entity.-- ``(A) In general.--The term `eligible entity' means a legally organized entity that-- ``(i) is-- ``(I) an incorporated organization; ``(II) an Indian Tribe or Tribal organization; ``(III) a State; ``(IV) a unit of local government; or ``(V) any other legal entity, including a cooperative, a private corporation, or a limited liability company, that is organized on a for- profit or a not-for-profit basis; and ``(ii) has the legal capacity and authority to enter into a contract, to comply with applicable Federal laws, and to own and operate broadband facilities, as proposed in the application submitted by the entity for a grant under the Program. ``(B) Exclusions.--The term `eligible entity' does not include-- ``(i) an individual; or ``(ii) a partnership. ``(3) Program.--The term `Program' means the Community Connect Grant Program established under subsection (b). ``(4) Rural area.--The term `rural area' has the meaning given the term in section 601(b)(3)(A). ``(b) Establishment.--The Secretary shall establish a program, to be known as the `Community Connect Grant Program', to provide grants to eligible entities to finance broadband transmission in rural areas. ``(c) Eligible Projects.--An eligible entity that receives a grant under the Program shall use the grant to carry out a project that-- ``(1) provides eligible broadband service to, within the proposed eligible broadband service area described in the application submitted by the eligible entity-- ``(A) each essential community facility funded under section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)); and ``(B) any required facilities necessary to offer that eligible broadband service to each residential and business customer; and ``(2) for not less than 2 years-- ``(A) furnishes free wireless eligible broadband service to a community center described in subsection (d)(1)(B); ``(B) provides not fewer than 2 computer access points for that free wireless eligible broadband service; and ``(C) covers the cost of bandwidth to provide free eligible broadband service to each essential community facility funded under section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) within the proposed eligible broadband service area described in the application submitted by the eligible entity. ``(d) Uses of Grant Funds.-- ``(1) In general.--An eligible entity that receives a grant under the Program may use the grant for-- ``(A) the construction, acquisition, or leasing of facilities (including spectrum), land, or buildings to deploy eligible broadband service; and ``(B) the improvement, expansion, construction, or acquisition of a community center within the proposed eligible broadband service area described in the application submitted by the eligible entity. ``(2) Ineligible uses.--An eligible entity that receives a grant under the Program shall not use the grant for-- ``(A) the duplication of any existing eligible broadband service provided by another entity; or ``(B) operating expenses, except as provided in-- ``(i) subsection (c)(2)(C) with respect to free wireless eligible broadband service; and ``(ii) paragraph (1)(A) with respect to spectrum. ``(3) Free access for community centers.--Of the amounts provided to an eligible entity under a grant under the Program, the eligible entity shall use to carry out paragraph (1)(B) not greater than the lesser of-- ``(A) 10 percent; and ``(B) $150,000. ``(e) Matching Funds.-- ``(1) In general.--An eligible entity that receives a grant under the Program shall provide a cash contribution in an amount that is not less than 15 percent of the amount of the grant. ``(2) Requirements.--A cash contribution described in paragraph (1)-- ``(A) shall be used solely for the project for which the eligible entity receives a grant under the Program; and ``(B) shall not include any Federal funds, unless a Federal statute specifically provides that those Federal funds may be considered to be from a non- Federal source. ``(f) Applications.-- ``(1) In general.--To be eligible to receive a grant under the Program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Requirement.--An application submitted by an eligible entity under paragraph (1) shall include documentation sufficient to demonstrate the availability of funds to satisfy the requirement of subsection (e). ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each fiscal year.''.

Community Connect Grant Program Act of 2018 This bill amends the Rural Electrification Act of 1936 to provide statutory authority for the existing Community Connect Grant Program, which is a Department of Agriculture program that provides grants to finance broadband transmission in rural areas where broadband service does not currently exist.

Community Connect Grant Program Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Accountability Office Improvement Act of 2008''. SEC. 2. AUTHORITY TO OBTAIN RECORDS. (a) Authority To Obtain Records.--Section 716 of title 31, United States Code, is amended in subsection (a)-- (1) by striking ``(a)'' and inserting ``(2)''; and (2) by inserting after the section heading the following: ``(a)(1) The Comptroller General is authorized to obtain such agency records as the Comptroller General requires to discharge his duties (including audit, evaluation, and investigative duties), including through the bringing of civil actions under this section. In reviewing a civil action under this section, the court shall recognize the continuing force and effect of the authorization in the preceding sentence until such time as the authorization is repealed pursuant to law.''. (b) Interviews.--Section 716(a) of title 31, United States Code, as amended by subsection (a), is further amended in the second sentence of paragraph (2) by inserting ``and interview agency officers and employees'' after ``agency record''. SEC. 3. ADMINISTERING OATHS. Section 711 of title 31, United States Code, is amended by striking paragraph (4) and inserting the following: ``(4) administer oaths to witnesses, except that, in matters other than auditing and settling accounts, the authority of an officer or employee to administer oaths to witnesses pursuant to a delegation under paragraph (2) shall not be available without the prior express approval of the Comptroller General (or a designee).''. SEC. 4. ACCESS TO CERTAIN INFORMATION. (a) Access to Certain Information.--Subchapter II of chapter 7 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 721. Access to certain information ``(a) No provision of the Social Security Act shall be construed to limit, amend, or supersede the authority of the Comptroller General to obtain any information, to inspect any record, or to interview any officer or employee under section 716 of this title, including with respect to any information disclosed to or obtained by the Secretary of Health and Human Services under part C or D of title XVIII of the Social Security Act. ``(b) No provision of the Federal Food, Drug, and Cosmetic Act shall be construed to limit, amend, or supersede the authority of the Comptroller General to obtain any information, to inspect any record, or to interview any officer or employee under section 716 of this title, including with respect to any information concerning any method or process which as a trade secret is entitled to protection. ``(c) No provision of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and the amendments made by that Act shall be construed to limit, amend, or supersede the authority of the Comptroller General to obtain any information, to inspect any record, or to interview any officer or employee under section 716 of this title, including with respect to any information disclosed to the Assistant Attorney General of the Antitrust Division of the Department of Justice or the Federal Trade Commission for purposes of pre-merger review under section 7A of the Clayton Act (15 U.S.C. 18a). ``(d)(1) The Comptroller General shall prescribe such policies and procedures as are necessary to protect from public disclosure proprietary or trade secret information obtained consistent with this section. ``(2) Nothing in this section shall be construed-- ``(A) to alter or amend the prohibitions against the disclosure of trade secret or other sensitive information prohibited by section 1905 of title 18 and other applicable laws; or ``(B) to affect the applicability of section 716(e) of this title, including the protections against unauthorized disclosure contained in that section, to information obtained consistent with this section.''. (b) Clerical Amendment.--The analysis for chapter 7 of title 31, United States Code, is amended by inserting after the item relating to section 720 the following: ``721. Access to certain information.''. SEC. 5. COMPTROLLER GENERAL REPORTS. Section 719 of title 31, United States Code, is amended-- (1) in subsection (b)(1)(B), by striking ``and'' at the end; (2) in subsection (b)(1)(C), by striking the period at the end and inserting ``; and''; (3) by adding at the end of subsection (b)(1) the following: ``(D) for agencies subject to sections 901 to 903 and other agencies designated by the Comptroller General, an assessment of their overall degree of cooperation in making personnel available for interview, providing written answers to questions, submitting to an oath authorized by the Comptroller General under section 711, granting access to records, providing timely comments to draft reports, adopting recommendations in reports and responding to such other matters as the Comptroller General deems appropriate.''; (4) in subsection (c)(2)(B), by striking ``and'' at the end; (5) in subsection (c)(3), by striking the period at the end and inserting ``; and'', and (6) by adding at the end of subsection (c) the following: ``(4) as soon as practicable when an agency does not, within a reasonable time, respond to a request by the Comptroller General regarding any matter described in subsection (b)(1)(D).''. Passed the House of Representatives July 29, 2008. Attest: LORRAINE C. MILLER, Clerk.

Government Accountability Office Improvement Act of 2008 - Authorizes the Comptroller General to: (1) obtain federal agency records required to discharge his or her duties, including through bringing civil actions under this Act; (2) interview agency officers and employees to get information about agency duties, powers, activities, organization, and financial transactions; and (3) administer oaths to witnesses (currently, the Comptroller General may administer oaths to witnesses when auditing and settling accounts). Requires the Comptroller General to prescribe such policies and procedures as are necessary to protect from public disclosure proprietary or trade secret information obtained under this Act. Declares that no provision of the Social Security Act, the Federal Food, Drug, and Cosmetic Act, or the Hart-Scott-Rodino Antitrust Improvements Act of 1976 shall be construed to limit, amend, or supersede the authority of the Comptroller General to obtain information, inspect records, or interview specified agency officers or employees, including with respect to: (1) information disclosed to or obtained by the Secretary of Health and Human Services under the Social Security Act; (2) information concerning any method or process protected as a trade secret; and (3) information disclosed to the Assistant Attorney General of the Antitrust Division of the Department of Justice (DOJ) or the Federal Trade Commission (FTC) for purposes of pre-merger review under the Clayton Act. Declares that this Act shall not be construed to: (1) alter or amend the prohibitions against the disclosure of trade secret or other sensitive information; and (2) affect the applicability of requirements governing the availability of agency information to information obtained. Requires the Comptroller General to: (1) report annually on the cooperation of agencies subject to the Chief Financial Officers Act of 1990 and other agencies designated by the Comptroller General in making personnel available for interviews, providing written answers to questions, submitting to an oath authorized by the Comptroller General, granting access to records, providing timely comments to draft reports, adopting report recommendations, and responding to such matters as the Comptroller General deems appropriate; and (2) report to Congress when agencies do not respond to requests regarding such matters.

To provide additional authorities to the Comptroller General of the United States, and for other purposes.

SECTION 1. REPEAL OF PROVISION WHICH INCLUDES ONE-HALF OF SOCIAL SECURITY AND RAILROAD RETIREMENT BENEFITS IN GROSS INCOME. (a) Repeal of Provision Including Benefits in Gross Income.-- Section 86 of the Internal Revenue Code of 1986 (relating to inclusion of social security and tier 1 railroad retirement benefits in gross income) is hereby repealed. (b) Repeal of Return Requirement.--Section 6050F of such Code (relating to returns relating to Social Security benefits) is hereby repealed. (c) Technical and Conforming Amendments.-- (1) Paragraph (3) of section 72(r) of such Code is amended to read as follows: ``(3) Tier 1 railroad retirement benefit.--For purposes of paragraph (1), the term `tier 1 railroad retirement benefit' means a monthly benefit under section 3(a), 3(f)(3), 4(a), or 4(f) of the Railroad Retirement Act of 1974.'' (2) Paragraph (1) of section 6050G(a) of such Code is amended by striking out ``86(d)(4)'' and inserting in lieu thereof ``72(r)(3)''. (3) The table of sections for part II of subchapter B of chapter 1 of such Code is amended by striking out the item relating to section 86. (4) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by striking out the item relating to section 6050F. (d) Effective Date.--The amendments made by this section shall apply to benefits received after December 31, 1989, in taxable years beginning after such date. SEC. 2. TAXATION OF ONE-HALF OF SOCIAL SECURITY BENEFITS PAID TO NONRESIDENT ALIENS CONTINUED. (a) In General.--Section 871 of the Internal Revenue Code of 1986 (relating to tax on nonresident alien individuals) is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following new subsection: ``(j) Social Security Benefit Defined.-- ``(1) In general.--For purposes of this section, the term `social security benefit' means any amount received by the taxpayer by reason of entitlement to-- ``(A) a monthly benefit under title II of the Social Security Act, or ``(B) a tier 1 railroad retirement benefit. For purposes of the preceding sentence, the amount received by any taxpayer shall be determined as if the Social Security Act did not contain section 203(i) thereof. ``(2) Adjustment for repayments during year.--For purposes of this section, the amount of Social Security benefits received during any taxable year shall be reduced by any repayment made by the taxpayer during the taxable year of a Social Security benefit previously received by the taxpayer (whether or not such benefit was received during the taxable year). ``(3) Workmen's compensation benefits substituted for social security benefits.--For purposes of this section, if, by reason of section 224 of the Social Security Act (or by reason of section 3(a)(1) of the Railroad Retirement Act of 1974), any Social Security benefit is reduced by reason of the receipt of a benefit under a workman's compensation act, the term `Social Security benefit' includes that portion of such benefit received under the workman's compensation act which equals such reduction. ``(4) Tier 1 railroad retirement benefit.--For purposes of paragraph (1), the term `tier 1 railroad retirement benefit' has the meaning given to such term by section 72(r)(3).'' (b) Technical and Conforming Amendments.-- (1) Paragraph (8) of section 861(a) of such Code is amended by striking out ``86(d)'' and inserting in lieu thereof ``871(j)''. (2) Paragraph (3) of subsection (a) of such section 871 is amended to read as follows: ``(3) Taxation of social security benefits.--For purposes of this section and section 1441, one-half of any Social Security benefit shall be included in gross income (notwithstanding section 207 of the Social Security Act).'' (3) Paragraph (6) of section 6103(h) of such Code is amended by striking out ``86(d)'' and inserting in lieu thereof ``871(j)''. (4) Subsection (e) of section 121 of the Social Security Amendments of 1983 is amended-- (A) in paragraph (1) by striking out ``sections 86 and'' and inserting in lieu thereof ``section'', and (B) in paragraph (3)(B) by striking out ``86(d)(1)'' and inserting in lieu thereof ``871(j)(1)''. (c) Effective Date.--The amendments made by this section shall apply to benefits received during the first taxable year after enactment of this Act.

Repeals, except with respect to nonresident aliens, Internal Revenue Code provisions that include social security and tier I railroad retirement benefits in the gross (taxable) income of certain taxpayers.

To repeal the provisions in the Internal Revenue Code of 1986 relating to the inclusion of Social Security and certain railroad retirement benefits in gross income to the extent such provisions do not apply to nonresident aliens.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wildfire Presuppression Fuels Management Pilot Program Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) private grazing land in the United States has experienced dramatic increases in the levels of cheatgrass and other invasive or noxious weed species following wildfires; and (2) to address the needs of private landowners with respect to the protection and management of grazing land, the Secretary of Agriculture should provide cost-share and incentive payments to the landowners to develop fuels management plans and practices and to promote activities-- (A) to protect areas of grazing land and wildlife habitat that have not been negatively affected by wildfire; and (B) to manage the risks of wildfires that occur-- (i) on public land and rights-of-way from moving onto private grazing land; and (ii) on private land from moving onto public land and right-of-way. SEC. 3. FIRE PRESUPPRESSION CONSERVATION PROGRAM. (a) In General.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``2010'' and inserting ``2012''; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``and'' at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(C) a producer that develops a fuels management conservation plan, approved by the Natural Resources Conservation Service, and subsequently implements a structural practice or a land management practice relating to fire presuppression on private grazing land as described in the approved conservation plan, shall be eligible to receive cost-share payments and annual incentive payments in accordance with subsection (i).''; and (2) by adding at the end the following: ``(i) Wildfire Presuppression Conservation Program.-- ``(1) In general.--For each of fiscal years 2008 through 2012, the Secretary shall provide cost-share payments under subsection (d) and annual incentive payments under subsection (e) to producers that enter into contracts as described in paragraph (2) for activities described in paragraph (3). ``(2) Term of contracts.--Notwithstanding subsection (b)(2)(A), a contract entered into under this subsection shall have a term of-- ``(A) not less than 5 years; and ``(B) not more than 10 years. ``(3) Eligible activities.--In addition to grants under section 1240H, the Secretary may provide cost-share payments and incentive payments under this subsection to producers for planning and carrying out innovative fuels management conservation plans on private grazing land to help prevent the occurrence and spread of, and damages caused by, wildfires fueled by invasive or noxious weed species, including activities relating to-- ``(A) managed fuel breaks along a boundary between public and private land to reduce fuel load, including-- ``(i) managed grazing practices and the technology required to implement such a practice; and ``(ii) the use of brush strips or mosaic patches; ``(B) restoration of fire-damage areas using adapted plant material, with an emphasis on using native and adapted grasses and forbs to vegetate or revegetate the fire-damaged areas; ``(C) projects that receive expanded conservation innovation grants for technology transfer training programs relating to fuels management techniques; ``(D) protection or restoration of critical wildlife habitat; and ``(E) conservation practices designed to reduce and manage high fuel loads associated with woody plant species.''. (b) Conforming Amendment.--Section 1240H(b) of the Food Security Act of 1985 (16 U.S.C. 3839aa-8(b)) is amended by striking paragraph (2) and inserting the following: ``(2) implement projects or activities, such as-- ``(A) market systems for pollution reduction; ``(B) innovative conservation practices, including the storing of carbon in the soil; and ``(C) innovative grazing management activities described in section 1240B(i)(3); and''.

Wildfire Presuppression Fuels Management Pilot Program Act of 2007 - Amends the Food Security Act of 1985 to extend the environmental quality incentives program. Includes private land fire presuppression activities in the program. Directs the Secretary of Agriculture to make FY2008-FY2012 cost-share and incentive payments to contracting producers for fuels management conservation plans on private grazing land to help prevent wildfires fueled by invasive or noxious weed species, including activities relating to: (1) fuel breaks; (2) protection of wildlife habitat; (3) restoration of fire-damaged areas; and (4) conservation practices.

A bill to amend the Food Security Act of 1985 to require the Secretary of Agriculture to make cost-share and incentive payments for innovative fuels management conservation practices, including prescribed grazing management on private grazing land and practices that complement commensurate public land, to prevent the occurrence and spread of, and damages caused by, wildfires fueled by invasive species.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Area Health and Environmental Monitoring Act of 2003''. SEC. 2. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER AREA. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by inserting after section 408 (42 U.S.C. 5174) the following: ``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER AREA. ``(a) Definitions.--In this section: ``(1) Individual.--The term `individual' includes-- ``(A) a worker or volunteer who responds to a disaster, including-- ``(i) a police officer; ``(ii) a firefighter; ``(iii) an emergency medical technician; ``(iv) any participating member of an urban search and rescue team; and ``(v) any other relief or rescue worker or volunteer that the President determines to be appropriate; ``(B) a worker who responds to a disaster by assisting in the cleanup or restoration of critical infrastructure in and around a disaster area; ``(C) a person whose place of residence is in a disaster area; ``(D) a person who is employed in or attends school, child care, or adult day care in a building located in a disaster area; and ``(E) any other person that the President determines to be appropriate. ``(2) Program.--The term `program' means a program described in subsection (b) that is carried out for a disaster area. ``(3) Substance of concern.--The term `substance of concern' means a chemical or other substance that is associated with potential acute or chronic human health effects, the risk of exposure to which could potentially be increased as the result of a disaster, as determined by the President. ``(b) Program.-- ``(1) In general.--If the President determines that 1 or more substances of concern are being, or have been, released in an area declared to be a disaster area under this Act, the President may carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals to ensure that-- ``(A) the individuals are adequately informed about and protected against potential health impacts of any substance of concern and potential mental health impacts in a timely manner; ``(B) the individuals are monitored and studied over time, including through baseline and followup clinical health examinations, for-- ``(i) any short- and long-term health impacts of any substance of concern; and ``(ii) any mental health impacts; ``(C) the individuals receive health care referrals as needed and appropriate; and ``(D) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters. ``(2) Activities.--A program under paragraph (1) may include such activities as-- ``(A) collecting and analyzing environmental exposure data; ``(B) developing and disseminating information and educational materials; ``(C) performing baseline and followup clinical health and mental health examinations and taking biological samples; ``(D) establishing and maintaining an exposure registry; ``(E) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and ``(F) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services. ``(3) Timing.--To the maximum extent practicable, activities under any program established under paragraph (1) (including baseline health examinations) shall be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring. ``(4) Participation in registries and studies.-- ``(A) In general.--Participation in any registry or study that is part of a program under paragraph (1) shall be voluntary. ``(B) Protection of privacy.--The President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph (A). ``(5) Cooperative agreements.-- ``(A) In general.--The President may carry out a program under paragraph (1) through a cooperative agreement with a medical institution, including a local health department, or a consortium of medical institutions. ``(B) Selection criteria.--To the maximum extent practicable, the President shall select to carry out a program under paragraph (1) a medical institution or a consortium of medical institutions that-- ``(i) is located near-- ``(I) the disaster area with respect to which the program is carried out; and ``(II) any other area in which there reside groups of individuals that worked or volunteered in response to the disaster; and ``(ii) has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in-- ``(I) developing clinical protocols and conducting clinical health examinations, including mental health assessments; ``(II) conducting long-term health monitoring and epidemiological studies; ``(III) conducting long-term mental health studies; and ``(IV) establishing and maintaining medical surveillance programs and environmental exposure or disease registries. ``(6) Involvement.-- ``(A) In general.--In establishing and maintaining a program under paragraph (1), the President shall involve interested and affected parties, as appropriate, including representatives of-- ``(i) Federal, State, and local government agencies; ``(ii) groups of individuals that worked or volunteered in response to the disaster in the disaster area; ``(iii) local residents, businesses, and schools (including parents and teachers); ``(iv) health care providers; and ``(v) other organizations and persons. ``(B) Committees.--Involvement under subparagraph (A) may be provided through the establishment of an advisory or oversight committee or board. ``(7) Privacy.--The President shall carry out each program under paragraph (1) in accordance with regulations relating to privacy promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note; Public Law 104-191). ``(c) Reports.--Not later than 1 year after the establishment of a program under subsection (b)(1), and every 5 years thereafter, the President, or the medical institution or consortium of such institutions having entered into a cooperative agreement under subsection (b)(5), shall submit to the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and appropriate committees of Congress a report on programs and studies carried out under the program.''. SEC. 3. NATIONAL ACADEMY OF SCIENCES REPORT ON DISASTER AREA HEALTH AND ENVIRONMENTAL PROTECTION AND MONITORING. (a) In General.--The Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency shall jointly enter into a contract with the National Academy of Sciences to conduct a study and prepare a report on disaster area health and environmental protection and monitoring. (b) Expertise.--The report under subsection (a) shall be prepared with the participation of individuals who have expertise in-- (1) environmental health, safety, and medicine; (2) occupational health, safety, and medicine; (3) clinical medicine, including pediatrics; (4) toxicology; (5) epidemiology; (6) mental health; (7) medical monitoring and surveillance; (8) environmental monitoring and surveillance; (9) environmental and industrial hygiene; (10) emergency planning and preparedness; (11) public outreach and education; (12) State and local health departments; (13) State and local environmental protection departments; (14) functions of workers that respond to disasters, including first responders; and (15) public health and family services. (c) Contents.--The report under subsection (a) shall provide advice and recommendations regarding protecting and monitoring the health and safety of individuals potentially exposed to any chemical or other substance associated with potential acute or chronic human health effects as the result of a disaster, including advice and recommendations regarding-- (1) the establishment of protocols for the monitoring of and response to chemical or substance releases in a disaster area for the purpose of protecting public health and safety, including-- (A) chemicals or other substances for which samples should be collected in the event of a disaster, including a terrorist attack; (B) chemical- or substance-specific methods of sample collection, including sampling methodologies and locations; (C) chemical- or substance-specific methods of sample analysis; (D) health-based threshold levels to be used and response actions to be taken in the event that thresholds are exceeded for individual chemicals or other substances; (E) procedures for providing monitoring results to-- (i) appropriate Federal, State, and local government agencies; (ii) appropriate response personnel; and (iii) the public; (F) responsibilities of Federal, State and local agencies for-- (i) collecting and analyzing samples; (ii) reporting results; and (iii) taking appropriate response actions; and (G) capabilities and capacity within the Federal Government to conduct appropriate environmental monitoring and response in the event of a disaster, including a terrorist attack; and (2) other issues as specified by the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 4. PREDISASTER HAZARD MITIGATION. Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking ``December 31, 2003'' and inserting ``September 30, 2006''. Passed the Senate November 21, 2003. Attest: EMILY J. REYNOLDS, Secretary.

Disaster Area Health and Environmental Monitoring Act of 2003 - (Sec. 2) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President, if one or more chemicals or substances associated with potential acute or chronic human health effects (substances of concern) are being or have been released in a disaster area, to carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals. Requires such a program to ensure that: (1) the individuals are adequately informed about and protected against potential health impacts of the substance of concern and potential mental health impacts in a timely manner; (2) they are monitored and studied over time for any such impacts, both short- and long-term; (3) they receive needed health care referrals; and (4) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters. Allows the program to include such activities as: (1) collecting and analyzing environmental exposure data; (2) developing and disseminating information and educational materials; (3) performing baseline and followup clinical health and mental health examinations and taking biological samples; (4) establishing and maintaining an exposure registry; (5) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and (6) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services. Requires activities under any such program (including baseline health examinations), to the maximum extent practicable, to be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring. Makes participation in any registry or study voluntary. Requires the President to take appropriate measures to protect the privacy of any registry or study participant. Authorizes the President to carry out such a program through a cooperative agreement with a medical institution (including a local health department) or a consortium of medical institutions, especially those located near the disaster area and any other area in which there reside groups of individuals that worked or volunteered in response to the disaster. Requires such an institution to have appropriate experience in the areas of environmental or occupational health, toxicology, and safety. Requires the President, in establishing and maintaining such a program, to involve interested and affected Federal, State,and local parties, including in advisory or oversight committees or boards. Requires the President to carry out such a program in accordance with certain regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 with respect to privacy of individually identifiable health information exchanged in electronic transmissions. (Sec. 3) Directs the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency to enter jointly into a contract with the National Academy of Sciences to study and report on disaster area health and environmental protection and monitoring, including: (1) establishment of monitoring and response protocols; (2) Federal, State, and local agency responsibilities; and (3) capabilities and capacity within the Federal Government to conduct appropriate environmental monitoring and response in the event of a disaster, including a terrorist attack. Authorizes appropriations. (Sec. 4) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to extend from December 31, 2003, through September 30, 2006, the President's authority to establish a program to provide technical and financial assistance to State and local governments to assist in the implementation of cost-effective predisaster hazard mitigation measures designed to reduce injuries, loss of life, and damage and destruction of property.

A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to carry out a program for the protection of the health and safety of residents, workers, volunteers, and others in a disaster area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Non-Discrimination for Survivors Act''. SEC. 2. DEFINITIONS. In this Act, except as otherwise expressly provided: (1) Course of conduct.--The term ``course of conduct'' means a course of repeatedly maintaining a visual or physical proximity to a person or conveying verbal or written threats, including threats conveyed through electronic communications, or threats implied by conduct. (2) Electronic communications.--The term ``electronic communications'' includes communications via telephone (including mobile phone), computer, e-mail, video recorder, fax machine, telex, or pager. (3) Employ; state.--The terms ``employ'' and ``State'' have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (4) Employee.-- (A) In general.--The term ``employee'' means any person employed by an employer. In the case of an individual employed by a public agency, such term means an individual employed as described in section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)). (B) Basis.--The term includes a person employed as described in subparagraph (A) on a full- or part-time basis, for a fixed time period, on a temporary basis, pursuant to a detail, or as a participant in a work assignment as a condition of receipt of Federal or State income-based public assistance. (5) Employer.--The term ``employer''-- (A) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more individuals; and (B) includes any person acting directly or indirectly in the interest of an employer in relation to an employee, and includes a public agency that employs individuals as described in section 3(e)(2) of the Fair Labor Standards Act of 1938, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. (6) Employment benefits.--The term ``employment benefits'' means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an ``employee benefit plan'', as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)). (7) Person.--The term ``person'' has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (8) Repeatedly.--The term ``repeatedly'' means on 2 or more occasions. (9) Sexual assault.--The term ``sexual assault'' has the meaning given the term in section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925). (10) Victim of domestic violence, dating violence, sexual assault, or stalking.--The term ``victim of domestic violence, dating violence, sexual assault, or stalking'' includes a person who has been a victim of domestic violence, dating violence, sexual assault, or stalking and a person whose family or household member has been a victim of domestic violence, dating violence, sexual assault, or stalking. SEC. 3. DEFINITIONS. In this Act: (1) Abuse.--The term ``abuse'' means the occurrence of 1 or more of the following acts by a current or former household or family member, intimate partner, or caretaker: (A) Attempting to cause or causing another person bodily injury, physical harm, substantial emotional distress, or psychological trauma. (B) Attempting to engage in or engaging in rape, sexual assault, or involuntary sexual intercourse. (C) Engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority and under circumstances that place the person in reasonable fear of bodily injury or physical harm. (D) Subjecting another person to false imprisonment or kidnapping. (E) Attempting to cause or causing damage to property so as to intimidate or attempt to control the behavior of another person. (2) Health carrier.--The term ``health carrier'' means a person that contracts or offers to contract on a risk-assuming basis to provide, deliver, arrange for, pay for, or reimburse any of the cost of health care services, including a sickness and accident insurance company, a health maintenance organization, a nonprofit hospital and health service corporation, or any other entity providing a plan of health insurance, health benefits, or health services. (3) Insured.--The term ``insured'' means a party named on a policy, certificate, or health benefit plan, including an individual, corporation, partnership, association, unincorporated organization, or any similar entity, as the person with legal rights to the benefits provided by the policy, certificate, or health benefit plan. For group insurance, the term includes a person who is a beneficiary covered by a group policy, certificate, or health benefit plan. For life insurance, the term refers to the person whose life is covered under an insurance policy. (4) Insurer.--The term ``insurer'' means any person, reciprocal exchange, inter insurer, Lloyds insurer, fraternal benefit society, or other legal entity engaged in the business of insurance, including agents, brokers, adjusters, and third- party administrators. The term includes employers who provide or make available employment benefits through an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 102(3)). The term also includes health carriers, health benefit plans, and life, disability, and property and casualty insurers. (5) Policy.--The term ``policy'' means a contract of insurance, certificate, indemnity, suretyship, or annuity issued, proposed for issuance, or intended for issuance by an insurer, including endorsements or riders to an insurance policy or contract. (6) Subject of abuse.--The term ``subject of abuse'' means-- (A) a person against whom an act of abuse has been directed; (B) a person who has prior or current injuries, illnesses, or disorders that resulted from abuse; or (C) a person who seeks, may have sought, or had reason to seek medical or psychological treatment for abuse, protection, court-ordered protection, or shelter from abuse. SEC. 4. DISCRIMINATORY ACTS PROHIBITED. (a) In General.--No insurer may, directly or indirectly, engage in any of the following acts or practices on the basis that the applicant or insured, or any person employed by the applicant or insured or with whom the applicant or insured is known to have a relationship or association, is, has been, or may be the subject of abuse or has incurred or may incur abuse-related claims: (1) Denying, refusing to issue, renew, or reissue, or canceling or otherwise terminating an insurance policy or health benefit plan. (2) Restricting, excluding, or limiting insurance coverage for losses or denying a claim, except as otherwise permitted or required by State laws relating to life insurance beneficiaries. (3) Adding a premium differential to any insurance policy or health benefit plan. (b) Prohibition on Limitation of Claims.--No insurer may, directly or indirectly, deny or limit payment to an insured who is a subject of abuse if the claim for payment is a result of the abuse. (c) Prohibition on Termination.-- (1) In general.--No insurer or health carrier may terminate health coverage for a subject of abuse because coverage was originally issued in the name of the abuser and the abuser has divorced, separated from, or lost custody of the subject of abuse or the abuser's coverage has terminated voluntarily or involuntarily and the subject of abuse does not qualify for an extension of coverage under part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.) or section 4980B of the Internal Revenue Code of 1986. (2) Payment of premiums.--Nothing in paragraph (1) shall be construed to prohibit the insurer from requiring that the subject of abuse pay the full premium for the subject's coverage under the health plan if the requirements are applied to all insured of the health carrier. (3) Exception.--An insurer may terminate group coverage to which this subsection applies after the continuation coverage period required by this subsection has been in force for 18 months if it offers conversion to an equivalent individual plan. (4) Continuation coverage.--The continuation of health coverage required by this subsection shall be satisfied by any extension of coverage under part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.) or section 4980B of the Internal Revenue Code of 1986 provided to a subject of abuse and is not intended to be in addition to any extension of coverage otherwise provided for under such part 6 or section 4980B. (d) Use of Information.-- (1) Limitation.-- (A) In general.--In order to protect the safety and privacy of subjects of abuse, no person employed by or contracting with an insurer or health benefit plan may (without the consent of the subject)-- (i) use, disclose, or transfer information relating to abuse status, acts of abuse, abuse- related medical conditions, or the applicant's or insured's status as a family member, employer, associate, or person in a relationship with a subject of abuse for any purpose unrelated to the direct provision of health care services unless such use, disclosure, or transfer is required by an order of an entity with authority to regulate insurance or an order of a court of competent jurisdiction; or (ii) disclose or transfer information relating to an applicant's or insured's mailing address or telephone number or the mailing address and telephone number of a shelter for subjects of abuse, unless such disclosure or transfer-- (I) is required in order to provide insurance coverage; and (II) does not have the potential to endanger the safety of a subject of abuse. (B) Rule of construction.--Nothing in this paragraph may be construed to limit or preclude a subject of abuse from obtaining the subject's own insurance records from an insurer. (2) Authority of subject of abuse.--A subject of abuse, at the absolute discretion of the subject of abuse, may provide evidence of abuse to an insurer for the limited purpose of facilitating treatment of an abuse-related condition or demonstrating that a condition is abuse-related. Nothing in this paragraph shall be construed as authorizing an insurer or health carrier to disregard such provided evidence. SEC. 5. INSURANCE PROTOCOLS FOR SUBJECTS OF ABUSE. Insurers shall develop and adhere to written policies specifying procedures to be followed by employees, contractors, producers, agents, and brokers for the purpose of protecting the safety and privacy of a subject of abuse and otherwise implementing this Act when taking an application, investigating a claim, or taking any other action relating to a policy or claim involving a subject of abuse. SEC. 6. REASONS FOR ADVERSE ACTIONS. An insurer that takes an action that adversely affects a subject of abuse, shall advise the applicant or insured who is the subject of abuse of the specific reasons for the action in writing. For purposes of this section, reference to general underwriting practices or guidelines shall not constitute a specific reason. SEC. 7. LIFE INSURANCE. Nothing in this Act shall be construed to prohibit a life insurer from declining to issue a life insurance policy if the applicant or prospective owner of the policy is or would be designated as a beneficiary of the policy, and if-- (1) the applicant or prospective owner of the policy lacks an insurable interest in the insured; or (2) the applicant or prospective owner of the policy is known, on the basis of police or court records, to have committed an act of abuse against the proposed insured. SEC. 8. SUBROGATION WITHOUT CONSENT PROHIBITED. Subrogation of claims resulting from abuse is prohibited without the informed consent of the subject of abuse. SEC. 9. ENFORCEMENT. (a) Federal Trade Commission.--Any act or practice prohibited by this Act shall be treated as an unfair and deceptive act or practice pursuant to section 5 of the Federal Trade Commission Act (15 U.S.C. 45) and the Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act, including issuing a cease and desist order granting any individual relief warranted under the circumstances, including temporary, preliminary, and permanent injunctive relief and compensatory damages. (b) Private Cause of Action.-- (1) In general.--An applicant or insured who believes that the applicant or insured has been adversely affected by an act or practice of an insurer in violation of this Act may maintain an action against the insurer in a Federal or State court of original jurisdiction. (2) Relief.--Upon proof of such conduct by a preponderance of the evidence in an action described in paragraph (1), the court may award appropriate relief, including temporary, preliminary, and permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for the aggrieved individual's attorneys and expert witnesses. (3) Statutory damages.--With respect to compensatory damages in an action described in paragraph (1), the aggrieved individual may elect, at any time prior to the rendering of final judgment, to recover in lieu of actual damages, an award of statutory damages in the amount of $5,000 for each violation. SEC. 10. NO PREEMPTION. Nothing in this Act shall be construed as superseding any law of a State or political subdivision of a State that provides greater protection to victims of domestic violence than provided in this Act. SEC. 11. EFFECTIVE DATE. This Act shall apply with respect to any action taken on or after the date of enactment of this Act.

Insurance Non-Discrimination for Survivors Act - Prohibits an insurer from denying or terminating an insurance policy or health benefit plan, restricting or excluding coverage for losses or denying a claim, or adding a premium differential to any policy or health benefit plan on the basis that the insured (or any employee or any person with whom the insured is known to have a relationship or association) is the subject of, or incurs a claim related to, domestic abuse. Prohibits: (1) an insurer from denying or limiting payment to an insured who is the subject of abuse if the claim for payment is a result of the abuse; (2) an insurer or health carrier from terminating health coverage for a subject of abuse because coverage was originally issued in the name of the abuser and the abuser has divorced, separated from, or lost custody of the subject or the abuser's coverage has terminated and the subject does not qualify for an extension of coverage; and (3) any person employed by or contracting with an insurer or health benefit plan to use, disclose, or transfer specified information (including regarding abuse status) without the subject's consent. Requires: (1) insurers to develop and adhere to written policies specifying procedures to be followed to protect the safety and privacy of a subject of abuse; and (2) an insurer that takes an action that adversely affects a subject of abuse to advise that applicant or insured in writing of the specific reasons for the action.

To prohibit discrimination in insurance coverage to victims of domestic violence, dating violence, sexual assault, or stalking.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Rights Information Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The commitment to the promotion and protection of human rights, democracy, and the rule of law around the world has led the United States to undertake tremendous diplomatic, economic, and military efforts to end systematic gross human rights violations abroad, consistent with the national interests and international leadership role of the United States. Such efforts are thwarted if the cycle of impunity for human rights violations in countries other than the United States is not broken, and the likelihood of the need for renewed United States engagements in those countries remains. (2) The United States has a significant interest that newly established or reestablished democratic societies take credible steps to fully investigate and prosecute human rights violations. Such steps could include the creation of a national or international truth commission or tribunal, the appointment of a human rights officer, or the leading of official national investigations by credible sections of the civil society, including religious institutions and nongovernmental organizations. (3) Executive agencies are in possession of documents pertaining to gross human rights violations abroad that are needed by foreign authorities to document, investigate, and subsequently prosecute instances of continued and systematic gross human rights violations, including those directed against citizens of the United States. (4) The overwhelming importance to the United States of investigations by foreign authorities of gross human rights violations and the urgency of requests for legal assistance which the United States will continue to receive from foreign entities require a systematic process of expedited declassification and disclosure of documents pertaining to such gross human rights violations. (5) After a 36-year history of being open to foreign requesters, the Freedom of Information Act (section 552 of title 5, United States Code) was amended in the 107th Congress by the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306) to prohibit agencies within the intelligence community from making records available to foreign entities or their representatives. (6) Only an expedited systematic process can help ensure timely investigations of perpetrators of gross and systematic human rights violations and provide families with urgently needed information regarding the fate of relatives, including information making possible the location, identification, and burial of the remains of family members who have been killed, helping to bring closure for those families and beginning the process of national reconciliation. SEC. 3. DEFINITIONS. In this Act: (1) Human rights record.--The term ``human rights record'' means a record in the possession, custody, or control of the United States Government containing information about gross violations of internationally recognized human rights committed in a country other than the United States, except that such term does not include any record submitted to or compiled by the Immigration and Naturalization Service or its successors (including the Bureau of Border Security and the Bureau of Citizenship and Immigration Services). (2) Agency.--The term ``agency'' means the National Archives and Records Administration (and all the Presidential libraries it maintains), the National Security Council, the Office of National Drug Control Policy, and any executive agency of the United States Government charged with the conduct of foreign policy or foreign intelligence, including, but not limited to, the Department of State, the Department of Justice, the Department of Defense, the Central Intelligence Agency, the Agency for International Development, and the National Reconnaissance Office, except that such term does not include the Immigration and Naturalization Service or its successors (including the Bureau of Border Security and the Bureau of Citizenship and Immigration Services). (3) Appeals panel.--The term ``Appeals Panel'' means the Interagency Security Classification Appeals Panel created by Executive Order number 12958 (or any successor entity or review procedure). (4) Gross violations of internationally recognized human rights.--The term ``gross violations of internationally recognized human rights'' has the meaning given that term in section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)). (5) International bona fide request.--The term ``international bona fide request'' means a request for a human rights record from an individual or entity (such as an entity created by the United Nations, a regional international organization, a national truth commission, or the principal justice or human rights official of a country) that is carrying out an official mandate to investigate a pattern of gross violations of internationally recognized human rights, pursuant to a proceeding that-- (A) is a credible examination or investigation conducted in accordance with the mandate of the entity or official; (B) is carried out in accordance with international law, including laws regarding appropriate jurisdiction of the person or entity carrying out the proceeding; and (C) does not threaten to violate due process or other internationally recognized human rights. (6) International law.--The term ``international law'' means the rules and principles of general application dealing with the conduct and relations of nations and international organizations. SEC. 4. DETERMINATIONS REQUIRED REGARDING REQUESTS FOR HUMAN RIGHTS RECORDS. (a) Determination Required.--If the President or the head of an agency receives a request for a human rights record from an individual or entity (such as an entity created by the United Nations, a regional international organization, a national truth commission, or the principal justice or human rights official of a country) that is carrying out an official mandate to investigate a pattern of gross violations of internationally recognized human rights, not later than 60 days after the receipt of such request the President (or the Attorney General on behalf of the President) shall make a determination whether such request is an international bona fide request. (b) Procedures in Case of Positive Determination.--If the President (or the Attorney General on behalf of the President) makes a determination that a request under subsection (a) is an international bona fide request, not later than 120 days after the date that the President or Attorney General makes such determination, the heads of the appropriate agencies shall identify, review, and organize all human rights records with respect to such request for the purpose of declassifying and disclosing the records to the public. Except as provided in section 5 and subsection (d), all records described in the preceding sentence shall be made available to the public not later than 30 days after the date that a review under this subsection is completed. (c) Procedures in Case of Negative Determination.--If the President (or the Attorney General on behalf of the President) makes a determination that a request under subsection (a) is not an international bona fide request, such determination, and a detailed explanation regarding such determination, shall be published in the Federal Register not later than 90 days after the date that such request is received. (d) Confidentiality To Protect Ongoing Investigations.-- (1) Disclosure of records on confidential basis.--The head of an agency disclosing human rights records as a result of a positive determination under subsection (b) may, at the agency head's initiative or at the request of the individual or entity that submitted the request for records, disclose such records to the individual or entity on a confidential basis if the agency head determines that confidential disclosure is necessary to avoid jeopardizing an ongoing investigation. (2) Delayed public disclosure of records.--If the agency head determines that confidential disclosure of records under paragraph (1) is necessary, the agency head may withhold such records from public disclosure until the agency head determines, in consultation with the individual or entity that submitted the request, that the need for confidentiality no longer exists. SEC. 5. GROUNDS FOR POSTPONEMENT OF DISCLOSURE OF RECORDS. (a) In General.--The head of an agency may postpone disclosure of a human rights record or particular information in a human rights record under this Act only if the head of the agency determines that there is clear and convincing evidence that-- (1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States that would result from disclosure of the human rights record is of such gravity that it outweighs the public interest, and such disclosure would reveal-- (A) an intelligence agent whose identity requires protection; (B) an intelligence source or method-- (i) which is being utilized, or reasonably expected to be utilized, by the United States Government; (ii) which has not been officially disclosed; and (iii) the disclosure of which would interfere with the conduct of intelligence activities; or (C) any other matter currently relating to the military defense, intelligence operations, or conduct of foreign relations of the United States, the disclosure of which would demonstrably impair the national security of the United States; (2) the disclosure of the human rights record-- (A) would reveal the name or identity of a living individual who provided confidential information to the United States; and (B) would pose a substantial risk of harm to such individual or to any member of the family, friend, or associate of such individual; (3) the disclosure of the human rights record could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy would be so substantial that it outweighs the public interest; or (4) the disclosure of the human rights record would compromise the existence of an understanding of confidentiality requiring protection between a United States Government agent and a cooperating individual or a foreign government, and disclosure would be so harmful that it outweighs the public interest. (b) Special Treatment of Certain Information.--It shall not be grounds for postponement of disclosure of a human rights record that an individual named in the human rights record was an intelligence asset of the United States Government, although the existence of such relationship may be withheld if any of the criteria set forth in subsection (a) are met. For purposes of the preceding sentence, the term ``intelligence asset'' means a covert agent as defined in section 606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)). SEC. 6. REVIEW OF DETERMINATIONS TO WITHHOLD RECORDS. (a) Duties of the Appeals Panel.--The Appeals Panel shall review all determinations by the head of an agency to postpone disclosure of a record under this Act. (b) Determinations of the Appeals Panel.-- (1) In general.--The Appeals Panel may uphold a determination by the head of an agency to postpone disclosure of a record under this Act only if the Appeals Panel determines that there is clear and convincing evidence that-- (A) the record is not a human rights record; or (B) the record or particular information in the record qualifies for postponement of disclosure under section 5. (2) Treatment in cases of nondisclosure.--If the Appeals Panel concurs with an agency decision to postpone disclosure of a record under this Act, the Appeals Panel shall determine, in consultation with the head of the agency and consistent with the standards set forth in this Act, which, if any, of the alternative forms of disclosure described in paragraph (3) shall be made by the agency. (3) Alternative forms of disclosure.--The forms of disclosure under this paragraph are the following: (A) Disclosure of any reasonably segregable portion of the human rights record after deletion of the portions described in paragraph (1)(B). (B) Disclosure of a record that is a substitute for information that is not disclosed. (C) Disclosure of a summary of the information in the human rights record. (4) Notification of determination.-- (A) In general.--Upon completion of a review under this section, the Appeals Panel shall notify the head of the agency in control or possession of the record that was the subject of the review of its determination and shall, not later than 14 days after the determination, publish the determination in the Federal Register. (B) Notice to president.--The Appeals Panel shall notify the President of a determination under this section. The notice shall contain a written unclassified justification for the determination, including an explanation of the application of the criteria set forth in section 5. (5) General procedures.--The Appeals Panel shall publish in the Federal Register guidelines regarding its policy and procedures for adjudicating appeals under this section. (c) Presidential Review of Appeals Panel Determinations.-- (1) Disclosure or postponement of disclosure.--The President shall have the sole and nondelegable authority to review any determination of the Appeals Panel under this Act, and such review shall be based on the criteria set forth in section 5. If the Appeals Panel overturns the determination of the head of an agency to withhold records from declassification, not later than 30 days after the Appeals Panel's determination and notification to the head of the agency under subsection (b)(4), the President shall provide the Appeals Panel with an unclassified written certification specifying the President's determination and stating the reasons for the decision, including, in the case of a determination to postpone disclosure, the criteria set forth in section 5 that are the basis for the President's determination. (2) Record of presidential postponement.--The Appeals Panel shall, upon receipt of the President's determination, publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to the postponement of disclosure of a record under this Act. SEC. 7. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF CERTAIN HUMAN RIGHTS RECORDS. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the head of each agency shall identify, review, and organize all human rights records regarding activities occurring in Guatemala and Honduras for the purpose of declassifying and disclosing such records to the public. Except as provided in section 5, all records described in the preceding sentence shall be made available to the public not later than 30 days after the date that a review under this section is completed. (b) Report to Congress.--Not later than 150 days after the date of the enactment of this Act, the President shall report to Congress regarding each agency's compliance with the provisions of this section. SEC. 8. RULES OF CONSTRUCTION. (a) In General.--Notwithstanding any other provision of law, the provisions of this Act shall govern the declassification and public disclosure of human rights records by executive agencies. (b) Judicial Review.--Nothing in this Act shall be construed to preclude judicial review, under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under this Act. For purposes of this Act, determinations by the Attorney General made on behalf of the President under section 4(a) shall be subject to the same standard of judicial review as determinations by the President. SEC. 9. CREATION OF ADDITIONAL POSITIONS FOR APPEALS PANEL. Two additional positions shall be created for the Appeals Panel solely for purposes of carrying out the provisions of this Act. In filling such positions, the President-- (1) shall appoint individuals who-- (A) were not involved in making determinations that could be reviewed by the Appeals Panel; (B) have demonstrated substantial human rights expertise; and (C) are able to meet the security requirements for such positions; and (2) shall seek recommendations with respect to such positions from nongovernmental human rights organizations.

Human Rights Information Act - Requires certain Federal agencies to identify, review, and organize all human rights records, for declassification and public disclosure, if the President determines bona fide a request for them by an individual or entity carrying an official mandate to investigate a pattern of gross violations of internationally recognized human rights.Prescribes guidelines under which the Interagency Security Classification Appeals Panel shall review agency determinations to postpone disclosure of any human rights record. Authorizes postponement of such public disclosures on specified grounds.Requires each Federal agency to identify, review, and organize all human rights records regarding activities occurring in Guatemala and Honduras for declassification and public disclosure.

To promote human rights, democracy, and the rule of law by providing a process for executive agencies for declassifying on an expedited basis and disclosing certain documents relating to human rights abuses in countries other than the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Inclusion in Clinical Trials Act of 2015''. SEC. 2. SENSE OF CONGRESS ON INCENTIVIZING INCLUSION OF UNDERREPRESENTED COMMUNITIES IN CLINICAL TRIALS. It is the sense of Congress that the National Institute on Minority Health and Health Disparities (NIMHD) shall include within its strategic plan ways to increase representation of underrepresented communities in clinical trials. SEC. 3. CAREER DEVELOPMENT FOR SCIENTISTS AND RESEARCHERS. The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, the Director of the Agency for Healthcare Research and Quality, and the Administrator of the Health Resources and Services Administration, shall award grants for-- (1) expanding existing opportunities for scientists and researchers; and (2) promoting the inclusion of underrepresented minorities in the health professions. SEC. 4. SUPPORT FOR INSTITUTIONS COMMITTED TO WORKFORCE DEVELOPMENT IN UNDERREPRESENTED COMMUNITIES. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Administrator of the Health Resources and Services Administration and the Centers for Disease Control and Prevention, shall award grants to eligible entities that demonstrate a commitment to health workforce development in underrepresented communities. (b) Eligibility.--To be eligible to receive a grant under subsection (a), an entity shall-- (1) be an educational institution or entity that historically produces or trains meaningful numbers of underrepresented minority health professionals, including-- (A) historically Black colleges and universities; (B) Hispanic-serving health professions schools; (C) Hispanic-serving institutions; (D) tribal colleges and universities; (E) Asian-American, Native American, and Pacific Islander-serving institutions; (F) institutions that have programs to recruit and retain underrepresented minority health professionals, in which a significant number of the enrolled participants are underrepresented minorities; (G) health professional associations, which may include underrepresented minority health professional associations; and (H) institutions-- (i) located in communities with predominantly underrepresented minority populations; (ii) with whom partnerships have been formed for the purpose of increasing workforce diversity; and (iii) in which at least 20 percent of the enrolled participants are underrepresented minorities; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of Funds.--Amounts received under a grant under subsection (a) shall be used to expand existing workforce diversity programs, implement new workforce diversity programs, or evaluate existing or new workforce diversity programs, including with respect to mental health care professions. Such programs shall enhance diversity by considering minority status as part of an individualized consideration of qualifications. Possible activities may include-- (1) educational outreach programs relating to opportunities in the health professions; (2) scholarship, fellowship, grant, loan repayment, and loan cancellation programs; (3) postbaccalaureate programs; (4) academic enrichment programs, particularly targeting those who would not be competitive for health professions schools; (5) kindergarten through 12th grade and other health pipeline programs; (6) mentoring programs; (7) internship or rotation programs involving hospitals, health systems, health plans, and other health entities; (8) community partnership development for purposes relating to workforce diversity; or (9) leadership training. (d) Reports.--Not later than 1 year after receiving a grant under this section, and annually for the term of the grant, a grantee shall submit to the Secretary a report that summarizes and evaluates all activities conducted under the grant. (e) Definition.--In this section, the term ``Asian-American, Native American, and Pacific Islander-serving institutions'' has the same meaning as the term ``Asian American and Native American Pacific Islander-serving institution'' as defined in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c)). (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2015 through 2020. SEC. 5. ELIMINATING DISPARITIES IN MATERNITY HEALTH OUTCOMES. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') (in consultation with the Deputy Assistant Secretary for Minority Health, the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, the Administrator of the Centers for Medicare & Medicaid Services, and the Administrator of the Agency for Healthcare Research & Quality, and in consultation with relevant national stakeholder organizations such as national medical specialty organizations, national maternal child health organizations, national groups that represent minority populations, and national health disparity organizations) shall carry out the following activities to eliminate disparities in maternal health outcomes: (1) Conduct research into the determinants and the distribution of disparities in maternal care, health risks, and health outcomes, and improve the capacity of the performance measurement infrastructure to measure such disparities. (2) Expand access to services that have been demonstrated to improve the quality and outcomes of maternity care for vulnerable populations. (3) Establish a demonstration project to compare the effectiveness of interventions to reduce disparities in maternity services and outcomes, and implement and assess effective interventions. (b) Scope and Selection of States for Demonstration Project.--The demonstration project under subsection (a)(3) shall be conducted in no more than 8 States, which shall be selected by the Secretary based on-- (1) applications submitted by States, which specify which regions and populations the State involved will serve under the demonstration project; (2) criteria designed by the Secretary to ensure that, as a whole, the demonstration project is, to the greatest extent possible, representative of the demographic and geographic composition of communities most affected by disparities; (3) criteria designed by the Secretary to ensure that a variety of types of models are tested through the demonstration project and that such models include interventions that have an existing evidence base for effectiveness; and (4) criteria designed by the Secretary to assure that the demonstration projects and models will be carried out in consultation with local and regional provider organizations, such as community health centers, hospital systems, and medical societies representing providers of maternity services. (c) Duration of Demonstration Project.--The demonstration project under subsection (a)(3) shall begin on January 1, 2015, and end on December 31, 2019. (d) Grants for Evaluation and Monitoring.--The Secretary may make grants to States and health care providers participating in the demonstration project under subsection (a)(3) for the purpose of collecting data necessary for the evaluation and monitoring of such project. (e) Reports.-- (1) State reports.--Each State that participates in the demonstration project under subsection (a)(3) shall report to the Secretary, in a time, form, and manner specified by the Secretary, the data necessary to-- (A) monitor the-- (i) outcomes of the project; (ii) costs of the project; and (iii) quality of maternity care provided under the project; and (B) evaluate the rationale for the selection of the items and services included in any bundled payment made by the State under the project. (2) Final report.--Not later than December 31, 2020, the Secretary shall submit to Congress a report on the results of the demonstration project under subsection (a)(3). SEC. 6. HEALTH DISPARITIES EDUCATION PROGRAM. (a) Establishment.--The Secretary, acting through the National Institute on Minority Health and Health Disparities and in collaboration with the Office of Minority Health, the Office for Civil Rights, the Centers for Disease Control and Prevention, the Centers for Medicare & Medicaid Services, the Health Resources and Services Administration, and other appropriate public and private entities, shall establish and coordinate a health and health care disparities education program to support, develop, and implement educational initiatives and outreach strategies that inform health care professionals and the public about the existence of and methods to reduce racial and ethnic disparities in health and health care. (b) Activities.--The Secretary, through the education program established under subsection (a), shall, through the use of public awareness and outreach campaigns targeting the general public and the medical community at large-- (1) disseminate scientific evidence for the existence and extent of racial and ethnic disparities in health care, including disparities that are not otherwise attributable to known factors such as access to care, patient preferences, or appropriateness of intervention, as described in the 2002 Institute of Medicine Report entitled ``Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care'', as well as the impact of disparities related to age, disability status, socioeconomic status, sex, gender identity, and sexual orientation on racial and ethnic minorities; (2) disseminate new research findings to health care providers and patients to assist them in understanding, reducing, and eliminating health and health care disparities; (3) disseminate information about the impact of linguistic and cultural barriers on health care quality and the obligation of health providers who receive Federal financial assistance to ensure that people with limited-English proficiency have access to language access services; (4) disseminate information about the importance and legality of racial, ethnic, disability status, socioeconomic status, sex, gender identity, and sexual orientation, and primary language data collection, analysis, and reporting; (5) design and implement specific educational initiatives to health care providers relating to health and health care disparities; and (6) assess the impact of the programs established under this section in raising awareness of health and health care disparities and providing information on available resources. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2020.

Minority Inclusion in Clinical Trials Act of 2015 This bill expresses the sense of Congress that the National Institute on Minority Health and Health Disparities shall include within its strategic plan ways to increase representation of underrepresented communities in clinical trials. The bill directs the Department of Health and Human Services (HHS) to award grants for expanding existing opportunities for scientists and researchers, and for promoting the inclusion of underrepresented minorities in the health professions, to eligible entities that demonstrate a commitment to health workforce development in underrepresented communities. To be eligible to receive a grant, an entity must be an educational institution or entity that historically produces or trains meaningful numbers of underrepresented minority health professionals. Grants shall be used to implement, expand, or evaluate workforce diversity programs that shall enhance diversity by considering minority status as part of an individualized consideration of qualifications. HHS must carry out the following activities to eliminate disparities in maternal health outcomes: conduct research into the determinants and the distribution of disparities in maternal care, health risks, and health outcomes and improve the capacity of the performance measurement infrastructure to measure such disparities; expand access to services that have been demonstrated to improve the quality and outcomes of maternity care for vulnerable populations; and establish a demonstration project in up to eight states to compare the effectiveness of interventions to reduce disparities in maternity services and outcomes and implement and assess effective interventions. HHS must establish and coordinate a health and health care disparities education program to support, develop, and implement educational initiatives and outreach strategies that inform health care professionals and the public about the existence of, and methods to reduce, racial and ethnic disparities in health and health care.

Minority Inclusion in Clinical Trials Act of 2015

SECTION 1. SENSE OF CONGRESS. It is the sense of Congress that-- (1) clear funding priorities should be laid out in case the United States Government reaches the statutory debt limit or experiences a funding gap, and that the top priorities should be-- (A) paying principal and interest on the public debt; (B) paying the salaries of members of our Armed Forces and paying for vital national security priorities as determined by the President; and (C) paying Social Security benefits; and (2) funding for components of the Federal Government that are not essential should be significantly limited if the government reaches the statutory debt limit. SEC. 2. PRIORITY OF PAYMENTS IF THE DEBT CEILING IS REACHED. (a) In General.--In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, amounts necessary for obligations incurred by the Government of the United States shall be made available as prioritized in the following order (with items listed in descending order of prioritization): (1) amounts necessary to carry out the authority of the Department of the Treasury provided in section 3123 of title 31, United States Code, to pay with legal tender the principal and interest on debt held by the public; (2) such amounts as the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue to provide pay and allowances (without interruption) to members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service; (3) such amounts as the President certifies to the Congress are necessary to carry out vital national security priorities; (4) amounts necessary to carry out the authority of the Commissioner of Social Security to pay monthly old-age, survivors', and disability insurance benefits under title II of the Social Security Act; and (5) subject to subsection (b), amounts necessary to satisfy all other obligations, in an order of priority determined by the President under section 4(2). (b) Limitation on Certain Obligations.--With respect to a department or agency described under subsection (c) or an international organization or fund (as defined by the President), amounts made available pursuant to subsection (a)(5) to satisfy obligations for such department, agency, organization, or fund may not exceed an amount that is equal to 20 percent of the amount that would have been made available to satisfy such obligations if the statutory limit described under subsection (a) had not been reached. (c) Certain Departments and Agencies.--A department or agency is described under this subsection if it is one of the following: (1) The Department of Education. (2) The Department of Energy. (3) The Department of Health & Human Services. (4) The Department of Housing and Urban Development. (5) The Department of the Interior. (6) The Department of Labor. (7) The Department of Transportation. (8) The Environmental Protection Agency. (9) The National Science Foundation. (10) The Office of Personnel Management. (11) The United States Agency for International Development. (12) An independent establishment, as defined under section 104 of title 5, United States Code. SEC. 3. EMERGENCY APPROPRIATION OF FUNDS FOR DEFENSE AND NATIONAL SECURITY DURING A FUNDING GAP. (a) In General.--During any funding gap, the Secretary of the Treasury shall make available, out of any amounts in the general fund of the Treasury not otherwise appropriated-- (1) such amounts as the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue to provide pay and allowances (without interruption) to members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service during the funding gap; and (2) such amounts as the President certifies to the Congress are necessary to carry out vital national security priorities. (b) Funding Gap Defined.--For purposes of this section and with respect to an obligation incurred by the Government of the United States, the term ``funding gap'' means any period of time after the beginning of a fiscal year for which interim or full-year appropriations for such obligation have not been enacted. SEC. 4. REPORT ON PRIORITIZATION. Not later than the end of the 30-day period beginning on the date of the enactment of this Act, the President shall submit to the Congress-- (1) a plan explaining the continuation of Government operations in the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit; (2) the prioritization of the obligations of the United States Government, other than those listed under paragraphs (1), (2), (3), and (4) of section 2, that the President determines appropriate in the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit; and (3) a plan explaining the continuation of Government operations in the event of a funding gap, as defined under section 3(b), including the system of determining which Federal employees are essential during such funding gap.

Sets forth the priority of the payment of obligations incurred by the U.S. government in the event that U.S. debt reaches the statutory limit. Limits certain obligations for specified departments, agencies, international organizations, and funds to 20% of the amount that would have been made available to satisfy such obligations if such limit had not been reached. Directs the Secretary of the Treasury, during any funding gap, to make emergency appropriations: (1) to continue to provide pay and allowances (without interruption) to members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including the reserve components thereof, who perform active service; and (2) for such amounts as the President certifies to Congress as are necessary to carry out vital national security priorities. Requires the President to submit a specified prioritization report to Congress.

To specify the priority of the obligations of the United States Government if the debt ceiling is reached, to provide for an emergency appropriation of funds to pay for certain defense and national security obligations during a gap in funding, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vision Zero Act of 2015''. SEC. 2. VISION ZERO PLANNING GRANTS. (a) In General.--The Secretary of Transportation is authorized to award grants to eligible entities to develop a plan, known as a Vision Zero plan, to eliminate transportation-related fatalities and serious injuries in the jurisdiction of such entity within 10 years. (b) Application.--To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such form, and containing such information and assurances as the Secretary may require. (c) Plan Contents.--The Vision Zero plan described in subsection (a) shall include-- (1) a description of projects or policies intended to eliminate transportation-related fatalities and serious injuries within 10 years using existing transportation and health data and consideration of risk factors; (2) plans for implementation of, education of the public about, and enforcement of such projects or policies; (3) a description of how such policies, projects, and enforcement will-- (A) equitably address the safety needs of low- income and minority communities; (B) ensure that such communities are not disproportionately targeted by law enforcement; and (C) protect the rights of members of such communities with respect to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); (4) a description of the required involvement of various subdivisions of a unit of local government in the implementation of the plan, including subdivisions in charge of law enforcement, public health, and public works; and (5) a description of a mechanism to evaluate progress of the implementation of the plan, including the gathering and use of transportation safety and demographic data. SEC. 3. VISION ZERO GRANT PROGRAM. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation may award grants to not more than 5 eligible entities to support the implementation of a Vision Zero plan to eliminate transportation-related fatalities and serious injuries in the jurisdiction of such entity within 10 years. (b) Application.--To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such form, and containing such information and assurances as the Secretary may require. (c) Vision Zero Plan Required.--To be eligible for a grant under this section, an eligible entity shall have in effect a Vision Zero plan that meets the requirements of section 2(c). (d) Selection Criteria.--In selecting from among eligible entities to receive grants under subsection (a), the Secretary shall consider, at a minimum, the extent to which an entity-- (1) provided an opportunity for public input in the development of the plan; (2) considered existing plans and planning processes in the drafting of the vision zero plan; (3) structured the plan to meet performance measures as described in section 150(c) of title 23, United States Code; (4) demonstrates broad community support for the plan, including the commitment of community leaders to successful implementation of the plan; and (5) demonstrates the availability of State, local, or Federal funds, in addition to Federal funds made available under this section, for implementation of the plan. (e) Funding Limitations.-- (1) Population limitation.--Not less than 25 percent of the funds made available to carry out this section shall be used to make grants to eligible entities that serve a jurisdiction with a population of fewer than 200,000 individuals. (2) Federal share.-- (A) In general.--Except as provided by subparagraph (B), the Federal share of the cost of a project or activity carried out using grant funds made available under this section may not exceed 80 percent. (B) Funds from other federal sources.--Amounts made available to an eligible entity under another Federal program may be credited toward the non-Federal share of the cost of a project or activity described in subparagraph (A), at the option of the eligible entity. SEC. 4. ELIGIBLE ENTITY DEFINED. In this Act, the term ``eligible entity'' means a unit of local government including a city, town, township, borough, county, parish, district, village, or other political subdivision of a State. SEC. 5. REPORT. Not later than 2 years after the final grant is awarded under this Act, the Secretary shall submit to Congress, and make available to the public, a report on the progress of the projects and activities carried out using the grants including-- (1) a breakdown of infrastructure and noninfrastructure projects; (2) demographic data, in the aggregate, with respect to individuals charged with a violation of law referenced in the vision zero plan of an eligible entity that received a grant under this Act; and (3) best practices from the eligible entities that received a grant under section 3. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated, for each of fiscal years 2016 through 2020, $5,000,000 to carry out section 2 and $25,000,000 to carry out section 3.

Vision Zero Act of 2015 This bill authorizes the Secretary of Transportation to award grants to a city, town, township, borough, county, parish, district, village, or other political subdivision of a state to develop a Vision Zero plan to eliminate transportation-related fatalities and serious injuries in its jurisdiction within 10 years. The total number of grants awarded is limited to 5. At least 25% of funds made available for this Act shall be used to make grants to eligible entities serving a jurisdiction with a population of under 200,000. The federal share of projects costs shall not exceed 80%.

Vision Zero Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Independent Living Act of 2009''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) There are approximately 2,200,000 wheelchair users in the United States according to the United States Census Bureau of 2001. (2) A significant portion of these wheelchair users qualify for coverage under the Medicare program, either based on disability status or age. (3) Many of these Medicare beneficiaries live independently in their own homes, alone or with other family members. (4) The ability of an individual with a mobility impairment to move about one's physical environment through the use of a wheelchair or other mobility device permits the performance of activities of daily living, including caring for oneself, living independently, performing household duties, caring for family members, engaging in employment, attending school, visiting medical facilities, participating in recreational and community activities, attending religious services, and performing civic duties. (5) For an individual with an expected long-term mobility impairment (such as a disabling condition that is expected to significantly limit mobility for twelve months or more), the need to have access to one's physical environment through the use of an appropriate wheelchair or other mobility device, both inside and outside of the home, is critical to living independently, functioning in society, and attaining a meaningful quality of life. (6) In 1965, when the Medicare program was first enacted, Congress recognized the importance of providing assistance to individuals with mobility disabilities by expressly identifying wheelchairs as a covered durable medical equipment benefit under part B of the program when provided for use in the patient's home. This language is widely believed to have been drafted to establish a separate payment under part B for wheelchairs provided outside of an institution (such as a hospital) which would otherwise be paid under part A of the program. (7) The Centers for Medicare & Medicaid Services (CMS), the agency that administers the Medicare program, currently interprets a provision in the Medicare statute--known as the ``in the home requirement''--to prohibit coverage of wheelchairs and other mobility devices if these devices are not medically necessary for use in the beneficiary's home, denying access to appropriate mobility devices for a significant number of Medicare beneficiaries. (8) The current CMS interpretation of the in the home requirement is inconsistent with Federal law in the following respects: (A) In enacting the Americans with Disabilities Act of 1990 (Public Law 101-336), Congress found that ``The Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic selfsufficiency for such individuals.''. (B) The Rehabilitation Act of 1973 (Public Law 93- 112) requires that Federal programs not discriminate against individuals with disabilities, including individuals with mobility impairments. However, under the current CMS interpretation of the in the home requirement, Medicare beneficiaries with long-term mobility impairments cannot gain access to mobility devices that facilitate their movement throughout the community even when a particular device has been determined to be medically necessary for this purpose. The result of denying such access to appropriate mobility devices is the unnecessary isolation of the Medicare beneficiary, which is inconsistent with the letter and spirit of the Rehabilitation Act of 1973 and its regulations. (C) The United States Supreme Court ruled in the Olmstead decision (Olmstead v. L.C. ex. rel. Zimring, 527 U.S. 581 (1999)) that an individual with a disability has the right to live in the most integrated setting appropriate to meet the individual's needs. If Medicare coverage policy does not take into consideration the needs of individuals with mobility impairments to function outside the four walls of their homes, the right to live in the most integrated setting is denied. (9) In 1965, and throughout the history of the Medicare program, Congress has expected covered services to be provided in accordance with current standards of medical practice and professional clinical judgment as well as in accordance with Federal law. (b) Purposes.--The purposes of this Act are as follows: (1) To bring CMS's coverage criteria for wheelchairs and other mobility devices in line with contemporary standards of medical practice and Federal law by correcting CMS's restrictive interpretation of the in the home requirement language in the Medicare statute. (2) To ensure that beneficiaries with expected long-term mobility needs are not confined to the four walls of their homes by wheelchairs and other mobility devices that are inadequate to meet their needs both inside and outside of the home. (3) To clarify that wheelchairs and other mobility devices for beneficiaries with expected long-term mobility impairments are covered under the Medicare program if they are used in customary settings for the purpose of normal domestic, vocational, or community activities. SEC. 3. ELIMINATION OF IN THE HOME RESTRICTION FOR MEDICARE COVERAGE OF MOBILITY DEVICES FOR INDIVIDUALS WITH EXPECTED LONG-TERM NEEDS. (a) In General.--Section 1861(n) of the Social Security Act (42 U.S.C. 1395x(n)) is amended by inserting ``or, in the case of a mobility device required by an individual with expected long-term need, used in customary settings for the purpose of normal domestic, vocational, or community activities'' after ``1819(a)(1))''. (b) Effective Date.--The amendment made by subsection (a) shall apply to items furnished on or after the date of enactment of this Act.

Medicare Independent Living Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to eliminate the in-the-home restriction for Medicare coverage of mobility devices for individuals with expected long-term needs. Deems such devices to be durable medical equipment (DME) if they are used in customary settings for the purpose of normal domestic, vocational, or community activities.

To amend title XVIII of the Social Security Act to eliminate the in the home restriction for Medicare coverage of mobility devices for individuals with expected long-term needs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Technology Transfer Act''. SEC. 2. ENERGY TECHNOLOGY TRANSFER. Section 917 of the Energy Policy Act of 2005 (42 U.S.C. 16197) is amended to read as follows: ``SEC. 917. ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS. ``(a) Grants.--Not later than 18 months after the date of enactment of the Energy Technology Transfer Act, the Secretary shall make grants to nonprofit institutions, State and local governments, cooperative extension services, or institutions of higher education (or consortia thereof), to establish a geographically dispersed network of Advanced Energy Technology Transfer Centers, to be located in areas the Secretary determines have the greatest need of the services of such Centers. In making awards under this section, the Secretary shall-- ``(1) give priority to applicants already operating or partnered with an outreach program capable of transferring knowledge and information about advanced energy efficiency methods and technologies; ``(2) ensure that, to the extent practicable, the program enables the transfer of knowledge and information-- ``(A) about a variety of technologies; and ``(B) in a variety of geographic areas; ``(3) give preference to applicants that would significantly expand on or fill a gap in existing programs in a geographical region; and ``(4) consider the special needs and opportunities for increased energy efficiency for manufactured and site-built housing, including construction, renovation, and retrofit. ``(b) Activities.--Each Center shall operate a program to encourage demonstration and commercial application of advanced energy methods and technologies through education and outreach to building and industrial professionals, and to other individuals and organizations with an interest in efficient energy use. Funds awarded under this section may be used for the following activities: ``(1) Developing and distributing informational materials on technologies that could use energy more efficiently. ``(2) Carrying out demonstrations of advanced energy methods and technologies. ``(3) Developing and conducting seminars, workshops, long- distance learning sessions, and other activities to aid in the dissemination of knowledge and information on technologies that could use energy more efficiently. ``(4) Providing or coordinating onsite energy evaluations, including instruction on the commissioning of building heating and cooling systems, for a wide range of energy end-users. ``(5) Examining the energy efficiency needs of energy end- users to develop recommended research projects for the Department. ``(6) Hiring experts in energy efficient technologies to carry out activities described in paragraphs (1) through (5). ``(c) Application.--A person seeking a grant under this section shall submit to the Secretary an application in such form and containing such information as the Secretary may require. The Secretary may award a grant under this section to an entity already in existence if the entity is otherwise eligible under this section. The application shall include, at a minimum-- ``(1) a description of the applicant's outreach program, and the geographic region it would serve, and of why the program would be capable of transferring knowledge and information about advanced energy technologies that increase efficiency of energy use; ``(2) a description of the activities the applicant would carry out, of the technologies that would be transferred, and of any other organizations that will help facilitate a regional approach to carrying out those activities; ``(3) a description of how the proposed activities would be appropriate to the specific energy needs of the geographic region to be served; ``(4) an estimate of the number and types of energy end- users expected to be reached through such activities; and ``(5) a description of how the applicant will assess the success of the program. ``(d) Selection Criteria.--The Secretary shall award grants under this section on the basis of the following criteria, at a minimum: ``(1) The ability of the applicant to carry out the proposed activities. ``(2) The extent to which the applicant will coordinate the activities of the Center with other entities as appropriate, such as State and local governments, utilities, institutions of higher education, and National Laboratories. ``(3) The appropriateness of the applicant's outreach program for carrying out the program described in this section. ``(4) The likelihood that proposed activities could be expanded or used as a model for other areas. ``(e) Cost-Sharing.--In carrying out this section, the Secretary shall require cost-sharing in accordance with the requirements of section 988 for commercial application activities. ``(f) Duration.-- ``(1) Initial grant period.--A grant awarded under this section shall be for a period of 5 years. ``(2) Initial evaluation.--Each grantee under this section shall be evaluated during its third year of operation under procedures established by the Secretary to determine if the grantee is accomplishing the purposes of this section described in subsection (a). The Secretary shall terminate any grant that does not receive a positive evaluation. If an evaluation is positive, the Secretary may extend the grant for 3 additional years beyond the original term of the grant. ``(3) Additional extension.--If a grantee receives an extension under paragraph (2), the grantee shall be evaluated again during the second year of the extension. The Secretary shall terminate any grant that does not receive a positive evaluation. If an evaluation is positive, the Secretary may extend the grant for a final additional period of 3 additional years beyond the original extension. ``(4) Limitation.--No grantee may receive more than 11 years of support under this section without reapplying for support and competing against all other applicants seeking a grant at that time. ``(g) Prohibition.--None of the funds awarded under this section may be used for the construction of facilities. ``(h) Definitions.--For purposes of this section: ``(1) Advanced energy methods and technologies.--The term `advanced energy methods and technologies' means all methods and technologies that promote energy efficiency and conservation, including distributed generation technologies, and life-cycle analysis of energy use. ``(2) Center.--The term `Center' means an Advanced Energy Technology Transfer Center established pursuant to this section. ``(3) Distributed generation.--The term `distributed generation' means an electric power generation technology, including photovoltaic, small wind, and micro-combined heat and power, that serves electric consumers at or near the site of production. ``(4) Cooperative extension.--The term `Cooperative Extension' means the extension services established at the land-grant colleges and universities under the Smith-Lever Act of May 8, 1914. ``(5) Land-grant colleges and universities.--The term `land-grant colleges and universities' means-- ``(A) 1862 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)); ``(B) 1890 Institutions (as defined in section 2 of that Act); and ``(C) 1994 Institutions (as defined in section 2 of that Act). ``(i) Authorization of Appropriations.--In addition to amounts otherwise authorized to be appropriated in section 911, there are authorized to be appropriated for the program under this section such sums as may be appropriated.''.

Energy Technology Transfer Act - Amends the Energy Policy Act of 2005 to direct the Secretary of Energy to award grants for a five-year period to nonprofit institutions, state and local governments, cooperative extension services, or institutions of higher education to establish a geographically dispersed network of Advanced Energy Technology Transfer Centers, located in areas the Secretary determines have the greatest need of their services. Requires the Secretary to: (1) give priority to applicants already operating or partnered with an outreach program capable of transferring such knowledge and information about advanced energy efficiency methods and technologies; (2) give preference to those that would significantly expand on or fill a gap in existing programs in a geographical region; and (3) consider the special needs and opportunities for increased energy efficiency for manufactured and site-built housing, including construction, renovation, and retrofit. Sets forth Center activities and operations. Prescribes selection criteria. Prohibits the use of grant funds for facilities construction.

To provide for the establishment of centers to encourage demonstration and commercial application of advanced energy methods and technologies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Tax Fairness Act of 2001''. SEC. 2. PERMANENT EXTENSION OF INTERNET TAX FREEDOM ACT MORATORIUM. (a) Permanent Extension; Internet Access Taxes.--Section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended-- (1) by striking ``taxes during the period beginning on October 1, 1998, and ending 3 years after the date of the enactment of this Act--'' and inserting ``taxes after September 30, 1998:''; (2) by striking paragraph (1) of subsection (a) and inserting the following: ``(1) Taxes on Internet access.'', (3) by striking ``multiple'' in paragraph (2) of subsection (a) and inserting ``Multiple''; (4) by striking subsection (d); and (5) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (b) Conforming Amendment.--Section 1104(10) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking ``unless'' and all that follows through ``1998''. SEC. 3. JURISDICTIONAL STANDARDS FOR THE IMPOSITION OF STATE AND LOCAL BUSINESS ACTIVITY TAXES ON INTERSTATE COMMERCE. Title I of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved on September 14, 1959 (Public Law 86-272; 15 U.S.C. 381 et seq.), is amended to read as follows: ``TITLE I--JURISDICTIONAL STANDARDS ``SEC. 101. IMPOSITION OF STATE AND LOCAL BUSINESS ACTIVITY TAXES ON INTERSTATE COMMERCE. ``(a) In General.--No State or subdivision thereof shall have power to impose, for any taxable year ending after the date of enactment of this title, a business activity tax on any person relating to such person's activities that affect interstate commerce, unless such person has a substantial physical presence in such State or subdivision. A substantial physical presence is not established if the only business activities within such State or subdivision by or on behalf of such person during such taxable year are any or all of the following: ``(1) The solicitation of orders or contracts by such person or such person's representative in such State or subdivision for sales of tangible or intangible personal property or services, which orders or contracts are approved or rejected outside the State, or subdivision and, if approved, are fulfilled by shipment or delivery of such property from a point outside the State or subdivision or by the performance of such services outside the State or subdivision. ``(2) The solicitation of orders or contracts by such person or such person's representative in such State or subdivision in the name of or for the benefit of a prospective customer of such person, if orders or contracts by such customer to such person to enable such customer to fill orders or contracts resulting from such solicitation are orders or contracts described in paragraph (1). ``(3) The presence or use of intangible personal property in such State or subdivision, including patents, copyrights, trademarks, logos, securities, contracts, licenses and permits issued by any governmental agency or authority authorizing the holder to conduct any business activity, money, deposits, loans, electronic or digital signals, and web pages, whether or not subject to licenses, franchises, or other agreements. ``(4) The use of the Internet to create or maintain a World Wide Web site accessible by persons in such State or subdivision. ``(5) The use of an Internet service provider, on-line service provider, internetwork communication service provider, or other Internet access service provider, or World Wide Web hosting services to maintain or take and process orders via a web page or site on a computer that is physically located in such State or subdivision. ``(6) The use of any service provider for transmission of communications, whether by cable, satellite, radio, telecommunications, or other similar system. ``(7) The leasing or owning of substantial property in such State or subdivision for less than 30 days. Property in such State or subdivision for purposes of being assembled, manufactured, processed, or tested by a person or persons within such State or subdivision for the benefit of the owner or lessee, or used to furnish a service by a person or persons within such State or subdivision to the owner or lessee, shall be disregarded in determining whether such 30-day limit has been exceeded. ``(8) The assigning of employees, representatives, or agents in such State or subdivision for less than 30 days. Presence of employees, representatives or agents for purposes directly relating to the purchasing goods or services, gathering news and covering events, meeting with government officials, attending conferences, seminars and similar functions, and participating in charitable activities shall be disregarded in determining whether such 30-day limit has been exceeded. ``(9) The affiliation with another person located in the State or subdivision, unless-- ``(A) the other person located in the State or subdivision is the person's agent under the terms and conditions of subsection (d); and ``(B) the activity of the other person in the State or subdivision constitutes substantial physical presence under this subsection and is performed to establish, enhance, or maintain the market in the State or subdivision for the person. ``(10) The use of an unaffiliated representative or independent contractor in such State or subdivision for the purpose of performing warranty or repair services with respect to tangible or intangible personal property sold by a person located outside the State or subdivision. ``(b) Domestic Corporations; Persons Domiciled in or Residents of a State.--The provisions of subsection (a) shall not apply to the imposition of a business activity tax by any State or subdivision thereof with respect to-- ``(1) any corporation which is incorporated under the laws of such State; or ``(2) any individual who, under the laws of such State, is domiciled in, or a resident of, such State. ``(c) Sales or Solicitation of Orders or Contracts for Sales by Independent Contractors.--For purposes of subsection (a), a person shall not be considered to have engaged in business activities within a State or subdivision thereof during any taxable year merely by reason of sales of tangible or intangible personal property or services in such State or subdivision, or the solicitation of orders or contracts for such sales in such State or subdivision, on behalf of such person by one or more independent contractors, or by reason of the maintenance of an office in such State or subdivision by one or more independent contractors whose activities on behalf of such person in such State or subdivision consist solely of making such sales, or soliciting orders or contracts for such sales. ``(d) Attribution of Activities and Presence.--For purposes of this section, the substantial physical presence of any person shall not be attributed to any other person absent the establishment of an actual agency relationship between such persons that-- ``(1) results from the consent by both persons that one person act on behalf and subject to the control of the other; and ``(2) relates to the activities of the person within the State or subdivision thereof. ``(e) Definitions.--For purposes of this title: ``(1) Business activity tax.--The term `business activity tax' means a tax imposed on, or measured by, net income, a business license tax, a business and occupation tax, a franchise tax, a single business tax or a capital stock tax, or any similar tax or fee imposed by a State or subdivision thereof on a business for the right to do business within the State or subdivision or which is measured by the amount of such business or related activity. ``(2) Independent contractor.--The term `independent contractor' means a commission agent, broker, or other independent contractor who is engaged in selling, or soliciting orders or contracts for the sale of, tangible or intangible personal property or services for more than one principal and who holds himself or herself out as such in the regular course of his or her business activities. ``(3) Internet.--The term `Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such Protocol. ``(4) Internet access.--The term `Internet access' means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as a part of a package of services offered to users. ``(5) Representative.--The term `representative' does not include an independent contractor. ``(6) Solicitation of orders or contracts.--The term `solicitation of orders or contracts' includes activities normally ancillary to such solicitation. ``(7) State.--The term `State' means any of the several States, the District of Columbia, or any territory or possession of the United States. ``(8) World wide web.--The term `World Wide Web' means a computer server-based file archive accessible, over the Internet, using a hypertext transfer protocol, file transfer protocol, or other similar protocols. ``(f) Application of Section.--This section shall not be construed to limit, in any way, constitutional restrictions otherwise existing on State or local taxing authority. ``SEC. 102. ASSESSMENT OF BUSINESS ACTIVITY TAXES. ``(a) Limitations.--No State or subdivision thereof shall have power to assess after the date of enactment of this title any business activity tax which was imposed by such State or subdivision for any taxable year ending on or before such date, on or measured by the business activity within such State that affect interstate commerce, if the imposition of such tax for a taxable year ending after such date is prohibited by section 101. ``(b) Collections.--The provisions of subsection (a) shall not be construed-- ``(1) to invalidate the collection on or before the date of enactment of this title of any business activity tax imposed for a taxable year ending on or before such date; or ``(2) to prohibit the collection after such date of any business activity tax which was assessed on or before such date for a taxable year ending on or before such date. ``SEC. 103. TERMINATION OF SUBSTANTIAL PHYSICAL PRESENCE. ``If a State or subdivision thereof has imposed a business activity tax on a person as described in section 101, and the person so obligated no longer has a substantial physical presence in that State or subdivision, the obligation to pay a business activity tax applies only for the period in which the person has a substantial physical presence. ``SEC. 104. SEPARABILITY. ``If any provision of this title or the application of such provision to any person or circumstance is held invalid, the remainder of this title or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.''.

Internet Tax Fairness Act of 2001 - Amends the Internet Tax Freedom Act to make the three-year moratorium on State and local taxation of the Internet permanent.Revises Federal law provisions concerning state taxation of income from interstate commerce to prohibit, as a general rule, a State or subdivision thereof imposing a business activity tax on any person relating to such person's activities that affect interstate commerce, unless such person has a substantial physical presence in such State or subdivision. Defines a substantial physical presence.

To make permanent the moratorium enacted by the Internet Tax Freedom Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kids Vision Care Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Good vision is essential for proper physical development and educational progress in growing children. (2) Many serious ocular conditions are treatable if identified in the preschool and early school-aged years. (3) Early detection of ocular conditions provides the best opportunity for effective, inexpensive treatment and can have far-reaching implications for vision. (4) Various identification methods, whether vision screening or comprehensive eye exams required by State laws, will identify children needing services. A child identified through vision screening should receive a comprehensive eye exam followed by subsequent treatment as needed. A child identified through a comprehensive eye exam should receive subsequent treatment as needed. All children identified as needing services should have access to subsequent treatment as needed. SEC. 3. GRANTS REGARDING VISION CARE FOR CHILDREN. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, may award grants to States on the basis of an established review process for the purpose of complementing existing State efforts for-- (1) providing comprehensive eye examinations by a licensed optometrist or ophthalmologist for children who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of 9 years; (2) providing treatment or services, subsequent to the examinations described in paragraph (1), necessary to correct vision problems; and (3) developing and disseminating, to parents, teachers, and health care practitioners, educational materials on recognizing signs of visual impairment in children. (b) Criteria and Coordination.-- (1) Criteria.--The Secretary, in consultation with appropriate professional and consumer organizations including individuals with knowledge of age appropriate vision services, shall develop criteria-- (A) governing the operation of the grant program under subsection (a); and (B) for the collection of data related to vision assessment and the utilization of follow up services. (2) Coordination.--The Secretary shall, as appropriate, coordinate the program under subsection (a) with the program under section 330 of the Public Health Service Act (relating to health centers) (42 U.S.C. 254b), the program under title XIX of the Social Security Act (relating to the Medicaid program) (42 U.S.C. 1396 et seq.), the program under title XXI of such Act (relating to the State children's health insurance program) (42 U.S.C. 1397aa et seq.), and with other Federal or State programs that provide services to children. (c) Application.--To be eligible to receive a grant under subsection (a), a State shall submit to the Secretary an application in such form, made in such manner, and containing such information as the Secretary may require, including-- (1) information on existing Federal, Federal-State, or State-funded children's vision programs; (2) a plan for the use of grant funds, including how funds will be used to complement existing State efforts (including possible partnerships with non-profit entities); (3) a plan to determine if a grant eligible child has been identified as provided for in section 3(a); and (4) a description of how funds will be used to provide items or services only as a secondary payer to-- (A) any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by any entity that provides health services on a prepaid basis. (d) Evaluations.--To be eligible to receive a grant under subsection (a), a State shall agree that, not later than 1 year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including-- (1) an assessment of the utilization of vision services and the status of children receiving these services as a result of the activities carried out under the grant; (2) the collection, analysis, and reporting of children's vision data according to guidelines prescribed by the Secretary; and (3) such other information as the Secretary may require. (e) Limitations in Expenditure of Grant.--A grant may be made under subsection (a) only if the State involved agrees that the State will not expend more than 20 percent of the amount received under the grant to carry out the purpose described in paragraph (3) of such subsection. (f) Definition.--For purposes of this section, the term ``comprehensive eye examination'' includes an assessment of a patient's history, general medical observation, external and ophthalmoscopic examination, visual acuity, ocular alignment and motility, refraction, and as appropriate, binocular vision or gross visual fields, performed by an optometrist or an ophthalmologist. (g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2007 through 2011.

Kids Vision Care Act of 2006 - Allows the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants to states to: (1) provide comprehensive eye examinations by a licensed optometrist or ophthalmologist for children identified by a licensed health care provider or vision screener, with priority to children under age nine; (2) provide treatment or services to correct vision problems of such children; and (3) develop and disseminate educational materials on recognizing signs of visual impairment in children.

To establish a grant program to provide vision care to children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Charter School Transparency, Accountability, and Quality Act''. SEC. 2. REFERENCES. 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 Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). SEC. 3. STATE PLANS. Section 1111(c) (20 U.S.C. 6311(c)) is amended-- (1) in paragraph (13), by striking ``and'' at the end; (2) in paragraph (14) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(15) any State educational agency with a charter school law will support high-quality public charter schools that receive funds under this title by-- ``(A) ensuring the quality of the authorized public chartering agencies in the State by establishing-- ``(i) a system of periodic evaluation and certification of public chartering agencies using nationally recognized professional standards; or ``(ii) a statewide, independent chartering agency that meets nationally recognized professional standards; and ``(B) including in the procedure established pursuant to subparagraph (A) requirements for-- ``(i) the annual filing and public reporting of independently audited financial statements including disclosure of amount and duration of any nonpublic financial and in-kind contributions of support, by each public chartering agency, for each school authorized by such agency, and by each local educational agency and the State; ``(ii) the adoption and enforcement of employee compensation and conflict of interest guidelines for all schools authorized, which shall include disclosure of executive pay and affiliated parties with a financial interest in the management, operations, or contractual obligations of a charter school; and ``(iii) a legally binding charter or performance contract between each charter school and the school's authorized public chartering agency that-- ``(I) describes the rights, duties, and remedies of the school and the public chartering agency; and ``(II) for each student subgroup described in subsection (b)(2)(C)(v), bases charter renewal and revocation decisions on an accountability plan based on the statewide State accountability system described in section 1111(b)(2).''. SEC. 4. PURPOSE. Section 5201 (20 U.S.C. 7221) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at end the following: ``(5) carrying out national activities to support-- ``(A) stronger charter school authorizing; and ``(B) the dissemination of best practices of charter schools for all schools.''. SEC. 5. APPLICATIONS. Section 5203 (20 U.S.C. 7221b) is amended-- (1) in subsection (b)(2)-- (A) by striking ``and'' at the end of subparagraph (B); (B) by striking ``and'' at the end of subparagraph (C); (C) by adding at the end the following: ``(D) will ensure that each charter school in the State makes publicly available information on student support services, and annual performance and enrollment data disaggregated by the categories of students identified in section 1111(b)(2)(C)(v), except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student; ``(E) will ensure that each charter school board in the State has the right to provide fiscal oversight of the education management organization that it contracts with; ``(F) will work with charter schools in the State on efforts to recruit students who may otherwise have limited opportunities to participate in charter schools and eliminate barriers to enrollment, including for educationally disadvantaged students, foster youth, and unaccompanied homeless youth; ``(G) will ensure that each charter school receiving funds under the State educational agency's charter school grant program meet the educational needs of its students, including students with disabilities and English learners; ``(H) will provide technical assistance to each charter school to recruit, enroll, and retain traditionally underserved students, including students with disabilities and English learners, at rates similar to traditional public schools; and ``(I) will share best and promising practices between charter schools and other public schools, including, where appropriate, instruction and professional development in core academic subjects, and science, technology, engineering, and math education; and''; and (2) by adding at the end the following: ``(e) Rule of Construction.--Nothing in this subpart shall prohibit the Secretary from awarding grants to State educational agencies under this part that use a weighted lottery to give slightly better chances for admission to all, or a subset of, educationally disadvantaged students if-- ``(1) the use of weighted lotteries in favor of such students is not prohibited by State law, and such State law is consistent with laws described in section 5210(1)(G); and ``(2) such weighted lotteries are not used for the purpose of creating schools exclusively to serve a particular subset of students.''. SEC. 6. ADMINISTRATION. Section 5204(f)(6)(A) (20 U.S.C. 7221c(f)(6)(A)) is amended-- (1) by striking ``and'' at the end of clause (ii); (2) by striking the period at the end of clause (iii); and (3) by adding at the end the following: ``(iv) community involvement during the development and operation of the school; ``(v) has had 3 successful consecutive annual audits that have not indicated fiscal difficulties as defined by typical accounting standards; and ``(vi) has maintained a student population demographically similar to the local educational agency that is closest geographically to the charter school or in which the charter school is located.''. SEC. 7. NATIONAL ACTIVITIES. Section 5205(a)(2) (20 U.S.C. 7221d(a)(2))-- (1) in the matter preceding subparagraph (A), by inserting ``and the local educational agency that is closest geographically to the charter school or in which the charter school is located'' before ``, including information regarding''; (2) by striking ``and'' at the end of subparagraph (A); (3) by striking the period at the end of subparagraph (B) and inserting a semicolon; and (4) by adding at the end the following: ``(C) the impact of charter schools on the finances of local educational agencies; ``(D) demographic trends in enrollment in both the traditional public school and charter school sectors; ``(E) increasing or easing segregation of students within the two sectors; and ``(F) the representation of students with special needs in either sector.''.

Charter School Transparency, Accountability, and Quality Act Amends part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to require a state's school improvement plan to include assurances that its authorized public chartering agencies: meet nationally recognized professional standards; annually file and disclose independently audited financial statements for the charter schools they authorize, adopt and enforce employee compensation and conflict of interest guidelines for such schools, and enter into a legally binding charter or performance contract with each such school that bases charter renewal and revocation decisions on the state's school improvement accountability system. Requires each state that seeks a grant under part B (Public Charter Schools) of title V of the ESEA to: ensure that each charter school in the state makes available to the public information on student support services and annual performance and enrollment data for specified student subgroups and the student body as a whole; ensure that each charter school board in the state has the right to fiscally oversee the education management organization it contracts with; work with charter schools to help them recruit, enroll, and retain traditionally underserved students; ensure that each charter school that receives funds under the state's charter school grant program meets its students' educational needs; and share best and promising practices between charter schools and other public schools. Allows state grantees to use a weighted lottery to give slightly better chances for admission to educationally disadvantaged students. Expands the eligibility criteria for each charter school to receive part B funds from its state for the purpose of assisting other schools in adapting the charter school's program, or of disseminating information about the charter school, to include: community involvement in the school's development and operation; three successful consecutive annual audits without any indication of fiscal difficulties, as defined by typical accounting standards; and maintenance of a student population that is demographically similar to the local educational agency (LEA) that encompasses the school or is geographically closest to it. Requires national studies on the impact of charter schools on the LEAs that encompass them or that are geographically closest to them.

Charter School Transparency, Accountability, and Quality Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Science of Stem Cell Research Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) President George W. Bush, after much thoughtful consideration, decided to move forward with Federal funding for human embryonic stem cell research on existing stem cell lines. (2) President George W. Bush established the President's Council on Bioethics, which advises the President on the ethical significance of emerging biomedical science and technology. (3) The principal mission of the President's Council on Bioethics is to explore the ethical issues connected with advances in biotechnology. (4) Advances in biomedicine are guiding scientists to improved medical treatments for people suffering from many debilitating and life-threatening diseases and injuries, such as Parkinson's disease, juvenile diabetes, and spinal cord injuries. (5) The advancement of science is paramount in the alleviation and eradication of diseases and other medical disorders. (6) There are a finite number of human embryonic stem cell lines designated on the Human Embryonic Stem Cell Registry of the National Institutes of Health. These lines will provide much opportunity for researching the potential of embryonic stem cells. However, this number of lines may not be enough to meet the Nation's research needs. (7) Federal funds are crucial for researchers to proceed with stem cell research and technologies. (8) The ability to use pluripotent stem cells derived from human embryos provides an opportunity for doctors to learn to generate specialized cells that are destroyed or damaged by diseases or disabilities, such as the dopamine-producing cells that are degenerated in Parkinson's disease and the insulin- producing cells that are impaired in diabetes. (9) Pluripotent stem cell research could lead to vastly improved treatments or cures for AIDS, Alzheimer's disease, anemia, arthritis, birth defects, blindness, brain injury, cancer, deafness, diabetes, heart disease, kidney disease, liver disease, Lou Gehrig's disease, lung disease, multiple sclerosis, muscular dystrophy, Parkinson's disease, severe burns, sickle cell anemia, spinal cord injury, and stroke, and could also lead to improved success of organ transplantation. (10) Federal funding through the National Institutes of Health ensures that research will be conducted in accordance with the highest scientific and ethical standards. (11) According to the National Academy of Sciences: (A) Current scientific data indicate that there are important biological differences between adult and embryonic stem cells and among adult stem cells found in different types of tissue. The therapeutic implications of these biological differences are not clear, and additional scientific data are needed on all stem cell types. (B) Over time all cell lines in tissue culture change, typically accumulating harmful genetic mutations. Most existing stem cell lines have been cultured in the presence of nonhuman cells or serums that could lead to potential human health risks. Changing genetic and biological properties of these stem cell lines necessitate continued monitoring as well as the development of new stem cell lines in the future. (C) Human stem cell research that is publicly funded and conducted under the established standards of open scientific exchange, peer review, and public oversight offers the most efficient and responsible means to fulfill the promise of stem cells to meet the need for regenerative medical therapies. SEC. 3. ESTABLISHMENT. There is established in the legislative branch a bipartisan commission to be known as the Stem Cell Research Board (in this Act referred to as the ``Board''). SEC. 4. DUTIES. (a) Research.--The Board shall conduct research on the following: (1) The effects, whether positive or negative, of the President's August 9, 2001, stem cell research directive, on the following: (A) The progress of advances in curing or remediating diseases or other medical conditions, including AIDS, Alzheimer's disease, anemia, arthritis, birth defects, blindness, brain injury, cancer, deafness, diabetes, heart disease, kidney disease, liver disease, Lou Gehrig's disease, lung disease, multiple sclerosis, muscular dystrophy, Parkinson's disease, severe burns, sickle cell anemia, spinal cord injury, and stroke. (B) The progress of improvements in successful organ transplantation. (C) The development of any medical technology, including any halt or delay in such development. (D) Basic scientific research. (2) The effect of limiting Federal funding on the private stem cell research sector. (3) All aspects of the funding process of the National Institutes of Health for human adult and embryonic stem cell research. (b) Recommendations.--In reports submitted under section 9, the Board shall make recommendations to the Congress on any legislation needed to reduce any inefficiencies in Federal funding of human embryonic stem cell research or to facilitate a more timely implementation of such research. (c) Public Forums.--The Board shall conduct periodic public forums to review the status of stem cell research funding by the National Institutes of Health. (d) Standards of Conduct.--The Board shall develop its own standards of conduct in consultation with the Committee on Standards of Official Conduct of the House of Representatives or the Select Committee on Ethics of the Senate, as applicable. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Board shall be composed of 8 members, appointed not later than 120 days after the date of the enactment of this Act. To ensure that the membership of the Board is bipartisan and subject to subsection (b), the 8 members shall be appointed as follows: (1) 4 members appointed by the President, the Speaker of the House of Representatives, and the minority leader of the Senate as follows: (A) 2 members appointed by the President. (B) 1 member appointed by the Speaker of the House of Representatives. (C) 1 member appointed by the minority leader of the Senate. (2) 4 members appointed by the minority leader of the House of Representatives and the majority leader of the Senate as follows: (A) 2 members appointed by the minority leader of the House of Representatives. (B) 2 members appointed by the majority leader of the Senate. (b) Political Party.--No more than 4 of the members of the Board may be appointed by officials of the same political party. (c) Terms.--Each member shall be appointed for the life of the Board. (d) Vacancies.--A vacancy in the Board shall be filled in the manner in which the original appointment was made. (e) Basic Pay.-- (1) Rates of pay.--Members shall serve without pay for their service on the Board. (2) Travel expenses.--Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Quorum.--Five members of the Board shall constitute a quorum but a lesser number may hold hearings. (g) Co-Chairpersons.--The Board shall have-- (1) a co-chairperson who shall be appointed jointly by the members appointed under subsection (a)(1); and (2) a co-chairperson who shall be appointed jointly by the members appointed under subsection (a)(2). (h) Meetings.--The Board shall meet at the call of either co- chairperson. (i) Regulations.--The Board may promulgate any regulations necessary to carry out its duties. SEC. 6. EXECUTIVE DIRECTORS; STAFF; EXPERTS AND CONSULTANTS. (a) Executive Directors.-- (1) Appointment.--The Board shall have-- (A) an executive director who shall be appointed jointly by the members appointed under section 5(a)(1); and (B) an executive director who shall be appointed jointly by the members appointed under section 5(a)(2). (2) Pay.--Each of the executive directors of the Board shall be paid at a rate not to exceed level IV of the Executive Schedule. (b) Staff; Experts.-- (1) Appointment; pay.--Subject to such rules as the Board may prescribe, each executive director-- (A) may appoint such additional personnel as that executive director considers appropriate; and (B) may procure temporary and intermittent services of experts or consultants at rates for individuals not to exceed the daily equivalent of the maximum annual rate of pay payable for grade GS-15 of the General Schedule. (2) Sharing of resources.--The rules referred to in paragraph (1) shall include provisions to ensure an equitable division or sharing of resources, as appropriate, between the respective staffs of the Board. (c) Applicability of Certain Civil Service Laws.--The executive directors and the staff of the Board shall not be considered civil service positions in the executive branch. (d) Staff of Federal Agencies.--Upon the request of the Board, the head of any Federal agency may detail, without reimbursement, any employee of such agency to the Board to assist the Board in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the employee. (e) Technical Assistance.--Upon the request of the Board, the head of a Federal agency shall provide such technical assistance to the Board as the Board determines to be necessary to carry out its duties. SEC. 7. POWERS. (a) Hearings and Sessions.--The Board may, for the purpose of carrying out this Act, hold hearings (at the call of either co- chairperson), sit and act at times and places, take testimony, and receive evidence as the Board considers appropriate. (b) Oaths or Affirmations.--The Board may administer oaths or affirmations to witnesses appearing before it. (c) Powers of Members and Agents.--Any member or agent of the Board may, if authorized by the Board, take any action which the Board is authorized to take by this section. (d) Obtaining Official Data.--Subject to sections 552 and 552a of title 5, United States Code, the Board or the co-chairpersons of the Board acting jointly may secure directly from any other Federal agency all information that the Board considers necessary to enable the Board to carry out its duties. Upon request of the Board or both co- chairpersons, the head of that agency (or other person duly designated for purposes of this subsection) shall furnish that information to the Board. (e) Mails.--The Board may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of the Congress as described in section 3215 of title 39, United States Code. (f) Administrative Support Services.--The Public Printer of the Government Printing Office shall provide to the Board on a reimbursable basis such administrative support services, including accounting services, as the Board may request. (g) Office Space.--The Administrator of General Services, in coordination with the Secretary of Health and Human Services, shall locate suitable office space for the operation of the Board at the National Institutes of Health campus in Bethesda, Maryland. The facilities shall serve as the headquarters of the Board and shall include all necessary equipment and incidentals required for the proper functioning of the Board. (h) Advice and Assistance of Other Federal Executive Agencies.--The Board or members of the Board may seek the advice of the National Science Foundation, the National Academy of Sciences, or any Federal executive agency with expertise in stem cell research. The National Science Foundation, the National Academy of Sciences, and any such Federal executive agency shall, if requested, provide assistance to the Board. (i) Printing and Binding.--For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Board shall be deemed to be a committee of the Congress. (j) Disclosure of Information to Congress.--Any data or other information obtained by the Board under this section shall be made available to any committee or subcommittee of the Congress of appropriate jurisdiction upon request of the chairperson or ranking minority member of such committee or subcommittee. (k) Contract Authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Board may contract with and compensate government and private agencies or persons for supplies and other services. SEC. 8. AUDITS. (a) In General.--The Public Printer shall conduct-- (1) an interim audit of the financial transactions of the Board not later than 2 years after the date of the enactment of this Act; and (2) a final audit of the financial transactions of the Board not later than 4 years after the date of the enactment of this Act. (b) Access.--The Board shall maintain records of its financial transactions and shall ensure that the Public Printer has access to all such records, and to property in use by the Board, as necessary to facilitate an audit under subsection (a). SEC. 9. REPORTS. In accordance with section 4(b), the Board shall transmit to the Congress-- (1) an interim report each year; and (2) not later than the date of the Board's termination under section 10, a final report containing a detailed statement of the findings and conclusions of the Board with respect to the matters described in section 4. SEC. 10. TERMINATION. (a) In General.--The Board shall terminate on the date that is 4 years after the date of the enactment of this Act. (b) Transfer of Records.--Upon the termination of the Board under this section, the Board shall transfer all of its records to the Public Printer. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Board $16,000,000 to carry out this Act.

Science of Stem Cell Research Act - Establishes the Stem Cell Research Board, a bipartisan commission in the legislative branch, for four years.Requires the Board to research: (1) the effects of the President's August 9, 2001, stem cell research directive, including progress in advancing disease cures and improving organ transplantation; and (2) the effect of limited Federal funding on the private stem cell research sector and the funding process of the National Institutes of Health for human adult and embryonic stem cell research.

To establish the Stem Cell Research Board to conduct research on the effects of the President's August 9, 2001, stem cell research directive, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trafficking Survivors Relief Act of 2017''. SEC. 2. FEDERAL EXPUNGEMENT FOR VICTIMS OF TRAFFICKING. (a) In General.--Chapter 237 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3772. Motion to vacate; expungement; mitigating factors ``(a) Definitions.--In this section-- ``(1) the term `child' means an individual who has not attained 18 years of age; ``(2) the term `covered offense'-- ``(A) includes any offense against the United States and any offense punishable under the laws of the District of Columbia; and ``(B) does not include-- ``(i) a crime of violence; or ``(ii) an offense, if a child was a victim of the offense; ``(3) the term `covered prisoner' means an individual who-- ``(A) was convicted of a noncovered offense before the date of enactment of this section; ``(B) was sentenced to a term of imprisonment for the noncovered offense; and ``(C) is imprisoned under such term of imprisonment; ``(4) the term `crime of violence' has the meaning given that term in section 16; ``(5) the term `eligible entity' includes-- ``(A) a legal aid society or legal services organization that provides indigent legal services; ``(B) a nonprofit organization that provides legal services to victims of trafficking; and ``(C) a public defender's office; ``(6) the terms `employee' and `officer' have the meanings given the terms in section 2105 of title 5; ``(7) the term `noncovered offense'-- ``(A) means an offense that is an offense against the United States or punishable under the laws of the District of Columbia; and ``(B) does not include an offense, if a child was a victim of the offense; and ``(8) the term `victim of trafficking' has the meaning given that term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). ``(b) Motions To Vacate Convictions or Expunge Arrests.-- ``(1) In general.-- ``(A) Convictions of covered offenses.--A person convicted of any covered offense (or an eligible entity representing such a person) may move the court which imposed the sentence for the covered offense to vacate the judgment of conviction if the covered offense was committed as a direct result of the person having been a victim of trafficking. ``(B) Arrests for covered offenses.--A person arrested for any covered offense (or an eligible entity representing such a person) may move the district court for the district and division embracing the place where the person was arrested to expunge all records of the arrest if the conduct or alleged conduct of the person which resulted in the arrest was directly related to the person having been a victim of trafficking. ``(C) Arrests for noncovered offenses.--A person arrested for any noncovered offense (or an eligible entity representing such a person) may move the district court for the district and division embracing the place where the person was arrested to expunge all records of the arrest if-- ``(i) the conduct or alleged conduct of the person which resulted in the arrest was directly related to the person having been a victim of trafficking; and ``(ii)(I) the person is acquitted of the noncovered offense; ``(II) the Government does not pursue or dismisses criminal charges against the person for the noncovered offense; or ``(III)(aa) the charges against the person for the noncovered offense are reduced to an offense that is a covered offense; and ``(bb) the person is acquitted of the covered offense, the Government does not pursue or dismisses criminal charges against the person for the covered offense, or any subsequent conviction of the covered offense is vacated. ``(2) Contents of motion.--A motion described in paragraph (1) shall-- ``(A) be in writing; ``(B) describe any supporting evidence; ``(C) state the offense; and ``(D) include copies of any documents showing that the movant is entitled to relief under this section. ``(3) Hearing.-- ``(A) Mandatory hearing.-- ``(i) Motion in opposition.--Not later than 30 days after the date on which a motion is filed under paragraph (1), the Government may file a motion in opposition of the motion filed under paragraph (1). ``(ii) Mandatory hearing.--If the Government files a motion described in clause (i), not later than 15 days after the date on which the motion is filed, the court shall hold a hearing on the motion. ``(B) Discretionary hearing.--If the Government does not file a motion described in subparagraph (A)(i), the court may hold a hearing on the motion not later than 45 days after the date on which a motion is filed under paragraph (1). ``(4) Factors.-- ``(A) Vacating convictions of covered offenses.-- The court shall grant a motion under paragraph (1)(A) if, after notice to the Government and an opportunity to be heard, the court finds, by a preponderance of the evidence, that-- ``(i) the movant was convicted of a covered offense; and ``(ii) the participation in the covered offense by the movant was a direct result of the movant having been a victim of trafficking. ``(B) Expunging arrests for covered offenses.--The court shall grant a motion under paragraph (1)(B) if, after notice to the Government and an opportunity to be heard, the court finds, by a preponderance of the evidence, that-- ``(i) the movant was arrested for a covered offense; and ``(ii) the conduct or alleged conduct which resulted in the arrest was directly related to the movant having been a victim of trafficking. ``(C) Expunging arrests for noncovered offenses.-- The court shall grant a motion under paragraph (1)(C) if, after notice to the Government and an opportunity to be heard, the court finds, by a preponderance of the evidence, that-- ``(i) the movant was arrested for a noncovered offense and the conduct or alleged conduct which resulted in the arrest was directly related to the movant having been a victim of trafficking; and ``(ii)(I) the person is acquitted of the noncovered offense; ``(II) the Government does not pursue or dismisses criminal charges against the person for the covered offense; or ``(III)(aa) the charges against the person for the noncovered offense are reduced to a covered offense; and ``(bb) the person is acquitted of the covered offense, the Government does not pursue or dismissed criminal charges against the person for the covered offense, or any subsequent conviction of that covered offense is vacated. ``(5) Supporting evidence.-- ``(A) Rebuttable presumption.--For purposes of this section, there shall be a rebuttable presumption that the movant is a victim of trafficking if the movant includes in the motion-- ``(i) a copy of an official record, certification, or eligibility letter from a Federal, State, tribal, or local proceeding, including an approval notice or an enforcement certification generated from a Federal immigration proceeding, that shows that the movant was a victim of trafficking, including a victim of a trafficker charged with a violation of chapter 77; or ``(ii) an affidavit or sworn testimony from a trained professional staff member of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the movant has sought assistance in addressing the trauma associated with being a victim of trafficking. ``(B) Other evidence.-- ``(i) In general.--For purposes of this section, in determining whether the movant is a victim of trafficking, the court may consider any other evidence the court determines is of sufficient credibility and probative value, including an affidavit or sworn testimony of the movant. ``(ii) Affidavit or sworn testimony of movant sufficient evidence.--The affidavit or sworn testimony of the movant described in clause (i) shall be sufficient evidence to vacate a conviction or expunge an arrest under this section if the court determines that-- ``(I) the affidavit or sworn testimony is credible; and ``(II) no other evidence is readily available. ``(6) Conviction or arrest of other persons not required.-- It shall not be necessary that any person other than the movant be convicted of or arrested for a covered offense before the movant may file a motion under paragraph (1). ``(7) Denial of motion.-- ``(A) In general.--If the court denies a motion filed under paragraph (1), the denial shall be without prejudice. ``(B) Reasons for denial.--If the court denies a motion filed under paragraph (1), the court shall state the reasons for the denial in writing. ``(C) Reasonable time to cure deficiencies in motion.--If the motion was denied due to a curable deficiency in the motion, the court shall allow the movant sufficient time for the movant to cure the deficiency. ``(8) Appeal.--An order granting or denying a motion under this section may be appealed in accordance with section 1291 of title 28 and section 3731 of this title. ``(c) Vacatur of Convictions.-- ``(1) In general.--If the court grants a motion to vacate a conviction under subsection (b), the court shall immediately vacate the conviction for cause, set aside the verdict and enter a judgment of acquittal, and enter an expungement order that directs that there be expunged from all official records all references to-- ``(A) the arrest of the person for the covered offense; ``(B) the institution of criminal proceedings against the person relating to the covered offense; and ``(C) the results of the proceedings. ``(2) Effect.--If a conviction is vacated under an order entered under paragraph (1)-- ``(A) the conviction shall not be regarded as a conviction under Federal law and the person for whom the conviction was vacated shall be considered to have the status occupied by the person before the arrest or the institution of the criminal proceedings related to such conviction; and ``(B) no alien may be removed, determined to be inadmissible, or lose any immigration benefit because of such conviction, arrest, or institution of criminal proceedings. ``(d) Expungement of Arrests.-- ``(1) In general.--If the court grants a motion to expunge an arrest under subsection (b), the court shall immediately enter an expungement order that directs that there be expunged from all official records all references to-- ``(A) the arrest of the person for the covered offense; ``(B) the institution of any criminal proceedings against the person relating to the covered offense; and ``(C) the results of the proceedings, if any. ``(2) Effect.--If an arrest is expunged under an order entered under paragraph (1)-- ``(A) the arrest shall not be regarded as an arrest under Federal law and the person for whom the arrest is expunged shall be considered to have the status occupied by the person before the arrest or the institution of the criminal proceedings related to such arrest, if any; and ``(B) no alien may be removed, determined to be inadmissible, or lose any immigration benefit because of arrest or institution of criminal proceedings, if any. ``(e) Mitigating Factors.-- ``(1) In general.--The court which imposed sentence for a noncovered offense upon a covered prisoner may reduce the term of imprisonment for the noncovered offense-- ``(A) upon motion by a covered prisoner, the Director of the Bureau of Prisons, or the court's own motion; ``(B) after notice to the Government; ``(C) after considering-- ``(i) the factors set forth in section 3553(a); ``(ii) the nature and seriousness of the danger to any person; and ``(iii) the community, or any crime victims; and ``(D) if the court finds, by a preponderance of the evidence, that the covered prisoner committed the noncovered offense as a direct result of the covered prisoner having been a victim of trafficking. ``(2) Rebuttable presumption.--For the purposes of this subsection, there shall be a rebuttable presumption that a covered prisoner is a victim of trafficking if the covered prisoner provides-- ``(A) a copy of an official record, certification, or eligibility letter from a Federal, State, tribal, or local proceeding, including an approval notice or an enforcement certification generated from a Federal immigration proceeding, that shows that the covered prisoner was a victim of trafficking, including a victim of a trafficker charged with a violation of chapter 77; or ``(B) an affidavit or sworn testimony from a trained professional staff member of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the covered prisoner has sought assistance in addressing the trauma associated with being a victim of trafficking. ``(3) Requirement.--Any proceeding under this subsection shall be subject to section 3771. ``(4) Particularized inquiry.--For any motion under paragraph (1), the Government shall conduct a particularized inquiry of the facts and circumstances of the original sentencing of the covered prisoner in order to assess whether a reduction in sentence would be consistent with this section. ``(f) Additional Actions by Court.--The court may, upon granting a motion under this section take such additional action as the court determines is appropriate. ``(g) Confidentiality of Movant.-- ``(1) In general.--A motion under this section and any documents, pleadings, or orders relating to the motion shall be filed under seal. ``(2) Information not available for public inspection.--No officer or employee may make any report, paper, picture, photograph, court file or other document, in the custody or possession of the officer or employee, that identifies the movant available for public inspection. ``(h) Applicability.--This section shall apply to any conviction or arrest occurring before, on, or after the date of enactment of this section.''. (b) Technical and Conforming Amendment.--The table of sections of chapter 237 of title 18, United States Code, is amended by adding at the end the following: ``3772. Motion to vacate; expungement; mitigating factors.''.

Trafficking Survivors Relief Act of 2017 This bill amends the federal criminal code to establish a process to vacate convictions and expunge arrests for criminal offenses committed by trafficking victims that directly result from or relate to having been a trafficking victim. A trafficking victim may file a motion: (1) to vacate a conviction for a nonviolent offense that does not include a child victim (i.e., under age 18); (2) to expunge records of an arrest for a nonviolent offense that does not include a child victim; or (3) to expunge records of an arrest for an offense that is violent or that includes a child victim, if the charges are reduced, dismissed, or disposed of.

Trafficking Survivors Relief Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Price Spike Act of 2000''. SEC. 2. WINDFALL PROFITS TAX. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 55--WINDFALL PROFIT ON CRUDE OIL, NATURAL GAS, AND PRODUCTS THEREOF ``Sec. 5886. Imposition of tax. ``SEC. 5886. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed an excise tax on the sale in the United States of any crude oil, natural gas, or other taxable product a tax equal to the applicable percentage of the windfall profit on such sale. ``(b) Definitions.--For purposes of this section-- ``(1) Taxable product.--The term `taxable product' means any fuel which is a product of crude oil or natural gas. ``(2) Windfall profit.--The term `windfall profit' means, with respect to any sale, so much of the profit on such sale as exceeds a reasonable profit. ``(3) Applicable percentage.--The term `applicable percentage' means-- ``(A) 50 percent to the extent that the profit on the sale exceeds 100 percent of the reasonable profit on the sale but does not exceed 102 percent of the reasonable profit on the sale, ``(B) 75 percent to the extent that the profit on the sale exceeds 102 percent of the reasonable profit on the sale but does not exceed 105 percent of the reasonable profit on the sale, and ``(C) 100 percent to the extent that the profit on the sale exceeds 105 percent of the reasonable profit on the sale. ``(4) Reasonable profit.--The term `reasonable profit' means the amount determined by the Reasonable Profits Board to be a reasonable profit on the sale. ``(c) Liability for Payment of Tax.--The taxes imposed by subsection (a) shall be paid by the seller.'' (b) Clerical Amendment.--The table of chapters for subtitle E of such Code is amended by adding at the end the following new item: ``Chapter 55. Windfall profit on crude oil and refined petroleum products.'' (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. CREDIT FOR PURCHASING FUEL EFFICIENT AMERICAN-MADE PASSENGER VEHICLES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. PURCHASE OF FUEL-EFFICIENT AMERICAN-MADE PASSENGER VEHICLES. ``(a) In General.--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 to the cost of any qualified passenger vehicle purchased by the taxpayer during the taxable year. ``(b) Maximum Credit.--The credit allowed by this section for the taxable year shall not exceed-- ``(1) $2,000 in the case of a qualified passenger vehicle not described in paragraph (2) or (3), ``(2) $3,000 in the case of a qualified passenger vehicle the fuel economy of which is-- ``(A) in the case a truck or sport utility vehicle, at least 45 miles per gallon but less than 55 miles per gallon, and ``(B) in any other case, at least 55 miles per gallon but less than 65 miles per gallon, and ``(3) $4,000 in the case of a qualified passenger vehicle the fuel economy of which is-- ``(A) in the case a truck or sport utility vehicle, at least 55 miles per gallon, and ``(B) in any other case, at least 65 miles per gallon. ``(c) Qualified Passenger Vehicle.--For purposes of this section-- ``(1) In general.--The term `qualified automobile' means any automobile (as defined in section 4064(b))-- ``(A) which is purchased after the date of the enactment of this section, ``(B) which is assembled in the United States by individuals employed under a collective bargaining agreement, ``(C) the original use of which begins with the taxpayer, ``(D) substantially all of the use of which is for personal, nonbusiness purposes, and ``(E) the fuel economy of such automobile is-- ``(i) at least 35 miles per gallon in the case a truck or sport utility vehicle, and ``(ii) at least 45 miles per gallon in any other case. ``(2) Fuel economy.--Fuel economy shall be determined in accordance with section 4064. ``(d) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit. ``(2) Property used outside united states not qualified.-- No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b).'' (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Purchase of fuel-efficient American-made passenger vehicles.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. MASS TRANSIT FARE REDUCTIONS DURING GAS PRICE SPIKES. (a) In General.--The Secretary of Transportation may make grants to the operator of a mass transit system to assist the operator in reducing fares paid by passengers using the system. (b) Use of Grants.--Grants received under the program shall be used solely for implementing a fare reduction described in subsection (a) that is applied equally to all passengers using the mass transit system. (c) Mass Transit System Defined.--In this section, the term ``mass transit system'' includes bus and commuter rail systems. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section in a fiscal year amounts equivalent to the excess (if any) of-- (1) the revenues received during the preceding fiscal year pursuant to chapter 55 of the Internal Revenue Code of 1986 (relating to windfall profit on crude oil and refined petroleum products), over (2) the revenue cost for such fiscal year of section 25B of such Code (relating to purchase of fuel-efficient American-made passenger vehicles). Amounts authorized under the preceding sentence shall remain available until expended. SEC. 5. REASONABLE PROFITS BOARD. (a) Establishment.--There is established an independent board to be known as the ``Reasonable Profits Board'' (hereafter in this section referred to as the ``Board''). (b) Duties.--The Board shall make reasonable profit determinations for purposes of applying section 5886 of the Internal Revenue Code of 1986 (relating to windfall profit on crude oil, natural gas, and products thereof). (c) Advisory Committee.--The Board shall be considered an advisory committee within the meaning of the Federal Advisory Committee Act (5 U.S.C. App.). (d) Appointment.-- (1) Members.--The Board shall be composed of 3 members appointed by the President of the United States. (2) Term.--Members of the Board shall be appointed for a term of 3 years. (3) Background.--The members shall have no financial interests in any of the businesses for which reasonable profits are determined by the Board. (e) Pay and Travel Expenses.-- (1) Pay.--Notwithstanding section 7 of the Federal Advisory Committee Act (5 U.S.C. App.), members of the Board shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Board. (2) Travel expenses.--Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with section 5702 and 5703 of title 5, United States Code. (f) Director of Staff.-- (1) Qualifications.--The Board shall appoint a Director who has no financial interests in any of the businesses for which reasonable profits are determined by the Board. (2) Pay.--Notwithstanding section 7 of the Federal Advisory Committee Act (5 U.S.C. App.), the Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (g) Staff.-- (1) Additional personnel.--The Director, with the approval of the Board, may appoint and fix the pay of additional personnel. (2) Appointments.--The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (3) Detailees.--Upon the request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Board to assist the Board in accordance with an agreement entered into with the Board. (4) Assistance.--The Comptroller General of the United States may provide assistance, including the detailing of employees, to the Board in accordance with an agreement entered into with the Board. (h) Other Authority.-- (1) Experts and consultants.--The Board may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. (2) Leasing.--The Board may lease space and acquire personal property to the extent that funds are available. (i) Funding.--There are authorized to be appropriated such funds as are necessary to carry out this section.

Establishes a credit for the purchase of U.S. made fuel efficient passenger vehicles. Authorizes the Secretary of Transportation to make grants to the operator of a mass transit system to assist the operator in reducing fares paid by passengers using the system which shall be paid for by revenues from the windfall profits tax. Establishes an independent board to be known as the Reasonable Profits Board to make reasonable profit determinations with respect to the windfall profit tax.

Gas Price Spike Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Coast Guard Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States Coast Guard was founded on August 4, 1790, as the Revenue Cutter Service under the United States Department of the Treasury. (2) Congress created the Coast Guard on January 28, 1915, by merging the Revenue Cutter Service and the United States Lifesaving Service, was moved to the Department of Transportation in 1967, and on February 25, 2003, became part of the Department of Homeland Security. (3) Although the smallest of the uniformed services, today the United States Coast Guard conducts a wide variety of missions to protect the public, the environment, and the United States economic and security interests in any maritime region, including international waters and America's coasts, ports, and inland waterways. (4) Every day, the United States Coast Guard plays a broad and important role in homeland security, law enforcement, search and rescue, marine environmental pollution response, and the maintenance of river, intra-coastal and offshore aids to navigation (ATON). (5) The United States Coast Guard is our Nation's oldest seafaring military service, staying true to their motto, Semper Paratus or ``Always Ready,'' for 223 years. (6) The United States Coast Guard has an estimated 42,300 men and women on active duty, who in 2012 responded to nearly 20,000 search and rescue incidents saving over 3,500 lives and protecting $77 million in property, removed 107 metric tons of cocaine and 56 metric tons of marijuana headed to the United States, and interdicted nearly 3,000 undocumented migrants on the high seas attempting to illegally enter the United States. (7) Section 213 of Public Law 108-293 states that ``The Commandant may establish a National Coast Guard Museum, on lands which will be federally owned and administered by the Coast Guard, and are located in New London, Connecticut, at, or in close proximity to, the Coast Guard Academy''. (8) The National Coast Guard Museum Association, a nonprofit association dedicated to improve public understanding of the history, service and missions of the Coast Guard, is working with the United States Coast Guard, the City of New London, the State of Connecticut, and a range of local, regional, and national stakeholders to develop, plan and raise capital for the National Coast Guard Museum, to be located in New London, Connecticut. (9) The United States Coast Guard is the only military service without a national museum through which to share its history and legacy with the American public. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Not more than 750,000 half dollar coins, which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins, contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COIN. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the traditions, history, and heritage of the United States Coast Guard, and its role in securing our Nation since 1790. (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 ``2017''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall-- (1) contain motifs that specifically honor the American Coast Guardsman of both today and yesterday, in wartime and in peace, such designs to be consistent with the traditions and heritage of the United States Coast Guard, the mission and goals of the National Coast Guard Museum, and the missions and goals of the National Coast Guard Museum Foundation; (2) be selected by the Secretary, after consultation with the Secretary of Homeland Security, the National Coast Guard Museum Foundation, and the Commission of Fine Arts; and (3) be reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facilities.--For each of the 3 coins minted under this Act, at least 1 facility of the United States Mint shall be used to strike proof quality coins, while at least 1 other such facility shall be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2017. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Coast Guard Museum Foundation to help finance the design, construction, operations, and maintenance of the National Coast Guard Museum. (c) Audits.--The National Coast Guard Museum Foundation 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).

United States Coast Guard Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue in commemoration of the United States Coast Guard: (1) $5 gold coins, (2) $1 silver coins, and (3) half-dollar clad coins. Requires the design of such coins to be emblematic of the traditions, history, and heritage of the Coast Guard, and its role in securing our nation since 1790. Prescribes design requirements. Restricts the issuance of such coins to the one-year period beginning on January 1, 2017. Prescribes the sale price of the coins and coin surcharges. Requires such surcharges to be paid by the Secretary to the National Coast Guard Museum Foundation to help finance the design and construction of the National Coast Guard Museum.

United States Coast Guard Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Warming Economic Oversight Act of 2009''. SEC. 2. GLOBAL WARMING ECONOMIC OVERSIGHT COMMISSION. (a) Establishment.--There is hereby established the Global Warming Economic Oversight Commission (hereafter in this section referred to as the ``Commission''). (b) Duties.-- (1) Ongoing review.-- (A) In general.--The Commission shall conduct ongoing oversight of, and submit reports to the appropriate committees of the Congress on, the use by the Federal Government of funds from any auction or sale of greenhouse gas emissions allowances. (B) Definition.--In subparagraph (A), the term ``appropriate committees of the Congress'' means-- (i) the Committees on Commerce, Science, and Transportation, Energy and Natural Resources, Environment and Public Works, Health, Education, Labor, and Pensions, and Small Business and Entrepreneurship of the Senate; and (ii) the Committees on Education and Labor, Energy and Commerce, Oversight and Government Reform, and Small Business of the House of Representatives. (2) Reporting.--The Commission shall submit a report under paragraph (1)-- (A) not later than 3 months after the first auction or sale of greenhouse gas emissions allowances by any agency or instrumentality of the United States; and (B) not less than every 6 months thereafter. (3) Focus.--In conducting oversight and submitting reports under this section, the Commission shall focus on the following: (A) New jobs.--The use of funds described in paragraph (1) to create new jobs in industries that produce renewable energy. (B) Preservation of existing jobs.--The use of such funds to preserve jobs in existing, previously carbon- intensive industries. (C) Assisting with effects on low and middle income families.--The use of such funds to assist working families with any increases in the costs of energy, transportation, housing, health care, food, and other necessities that result from Federal statutes designed to limit greenhouse gas emissions. (D) Small businesses.--The use of such funds to assist small businesses with any increases in energy costs that result from Federal statutes designed to limit greenhouse gas emissions, including costs relating to transportation, facilities, and equipment. (c) Membership.-- (1) In general.--The Commission shall consist of 9 members, as follows: (A) 1 member appointed by the Speaker of the House of Representatives, in consultation with the majority leadership of the relevant House committees. (B) 1 member appointed by the minority leader of the House of Representatives, in consultation with the minority leadership of the relevant House committees. (C) 1 member appointed by the majority leader of the Senate, in consultation with the majority leadership of the relevant Senate committees. (D) 1 member appointed by the minority leader of the Senate, in consultation with the leadership of the relevant Senate committees. (E) 1 member, who shall serve as the Chair of the Commission, jointly appointed by the Speaker of the House of Representatives and the majority leader of the Senate, after consultation with the minority leader of the Senate and the minority leader of the House of Representatives. (F) The Secretary of Energy (or the Secretary's designee). (G) The Chairperson of the Federal Trade Commission (or the Chairperson's designee). (H) The Administrator of the Small Business Administration (or the Administrator's designee). (I) The Secretary of Labor (or the Secretary's designee). All appointed members of the Commission shall be appointed within 30 days of the first posting in the Federal Register of an auction or sale of greenhouse gas emissions allowances by any agency or instrumentality of the United States. (2) Pay.--Except as provided in paragraph (3), each member of the Commission shall each be paid at a rate equal to the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule for each day (including travel time) during which such member is engaged in the actual performance of duties vested in the Commission. (3) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (4) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (5) Quorum.--Four members of the Commission shall constitute a quorum but a lesser number may hold hearings. (6) Vacancies.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (7) Meetings.--The Commission shall meet at the call of its Chair or a majority of its members. (d) Staff.-- (1) In general.--The Commission may appoint and fix the pay of any personnel as the Commission considers appropriate. (2) Experts and consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (3) Staff of agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Powers.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate and may administer oaths or affirmations to witnesses appearing before it. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (f) Initial Meeting.--The Commission shall meet and begin the operations of the Commission within 30 days of the first auction or sale of greenhouse gas emissions allowances by any agency or instrumentality of the United States. (g) Rules of Procedure.--The Commission may establish rules for the conduct of the Commission's business, if such rules are not inconsistent with this Act or other applicable law. (h) Subpoenas.-- (1) In general.--Subject to paragraph (2), the Commission, for the purpose of carrying out this Act, may require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or the Chair of the Commission may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the Chair of the Commission; or (II) by the affirmative vote of 5 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the Chair of the Commission or any member designated by a majority of the Commission and may be served by any person designated by the Chair or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under subparagraph (A), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received as certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (i) Contracting.--The Commission may, to such extent and in such amounts as are provided in advance in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (j) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (k) Volunteer 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. (l) Termination.--The Commission shall terminate 6 months after the last (as determined by the Commission) auction or sale of greenhouse gas emissions allowances by any agency or instrumentality of the United States. (m) Authorization of Appropriations.--There are authorized to be appropriated to the Commission to carry out this Act such sums as may be necessary.

Global Warming Economic Oversight Act of 2009 - Establishes the Global Warming Economic Oversight Commission to conduct ongoing oversight of, and report to the appropriate congressional committees on, the use by the federal government of funds from any auction or sale of greenhouse gas (GHG) emissions allowances. Requires the Commission to focus on the use of funds to: (1) create new jobs in industries that produce renewable energy; (2) preserve jobs in existing, previously carbon-intensive industries; (3) assist working families with any increases in the costs of energy, transportation, housing, health care, food, and other necessities that result from federal laws designed to limit GHG emissions; and (4) assist small businesses with increases in energy costs that result from such laws, including costs relating to transportation, facilities, and equipment.

To establish the Global Warming Economic Oversight Commission to study and report on the use by the Federal Government of funds from any auction or sale of greenhouse gas emissions allowances, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistance to Individuals Delivering for America Act of 2005'' or the ``AID for America Act of 2005''. SEC. 2. EMPLOYER CREDIT FOR WAGES PAID TO EMPLOYEES WHO PERFORM VOLUNTEER DISASTER RELIEF SERVICES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 45M the following new section: ``SEC. 45N. EMPLOYER CREDIT FOR WAGES PAID TO EMPLOYEES WHO PERFORM VOLUNTEER DISASTER RELIEF SERVICES. ``(a) In General.--For purposes of section 38, the employee disaster relief volunteer services credit determined under this section for the taxable year is an amount equal to 50 percent of the wages paid or incurred by the taxpayer during the taxable year to any employee of the taxpayer while such employee is performing qualified disaster relief services. ``(b) Limitations.-- ``(1) Maximum credit of $3,000 per month per employee.--The credit determined under this section with respect to services performed by an employee shall not exceed $100 per day of qualified disaster relief services. ``(2) Minimum period of creditable service.--A day of qualified disaster relief services of an employee may be taken into account under this section only if-- ``(A) such services are performed for at least 8 hours of such day, and ``(B) such day is within a 7-day period on at least 5 days of which the requirement of subparagraph (A) is met. ``(3) Maximum period of creditable service.--The period of qualified disaster relief services performed by an employee which may be taken into account under this section for the taxable year shall not exceed 90 days. ``(c) Employer Must Maintain Wages and Benefits.--No credit shall be determined under this section for wages paid or incurred by the taxpayer during any period unless the wages and benefits provided by the taxpayer for such period are the same as they would be were the employee not performing qualified disaster relief services and were performing such employee's normal services for the employer. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified disaster relief services.--The term `qualified disaster relief services' means any service furnished by an employee of the taxpayer if-- ``(A) the services are performed for an organization-- ``(i) which is determined by the Federal Emergency Management Agency as a bona fide disaster relief organization, and ``(ii) which is determined by the Secretary to have adequate recordkeeping and reporting procedures to make determinations under this section, ``(B) the services are performed in the area of a Presidentially declared disaster (as defined in section 1003(h)(3)) or in support of recovery efforts from such a disaster and are so certified by such organization, and ``(C) the employee receives no additional compensation for performing such services and the employer receives no compensation for such services. ``(2) Wages.--The term `wages' has the meaning given to such term by section 51(c). ``(e) Controlled Groups.--Rules similar to the rules of section 1397(b) shall apply for purposes of this section.'' (b) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45N(a),'' after ``45A(a),''. (c) Credit Made Part of General Business Credit.-- (1) In general.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (23), by striking the period at the end of paragraph (24) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(25) the employee disaster relief volunteer services credit determined under section 45N(a).''. (2) Deduction for certain unused business credits.-- Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, and'', and by adding after paragraph (13) the following new paragraph: ``(14) the employee disaster relief volunteer services credit determined under section 45N(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45M the following new item: ``Sec. 45N. Employer credit for wages paid to employees who perform volunteer disaster relief services.''. (e) Effective Date.--The amendments made by this section shall apply to services performed after August 24, 2005, in taxable years ending after such date.

Assistance to Individuals Delivering for America Act of 2005 or the AID for America Act of 2005 - Amends the Internal Revenue Code to allow employers a business tax credit for 50 percent of the wages paid to employees serving as disaster relief volunteers. Limits the amount of such credit to $100 per day per employee.

To amend the Internal Revenue Code of 1986 to reward those Americans who provide volunteer services in times of national need.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovation Tax Credit Act of 2008''. SEC. 2. SIMPLIFICATION OF RESEARCH AND DEVELOPMENT CREDIT. (a) Transition to Fully-Implemented Simplified Credit for Qualified Research Expanses.-- (1) Phase-out of traditional credit.--Section 41(a) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``20 percent'' each place it appears and inserting ``the applicable percentage'', and (B) by adding at the end the following new flush sentence: ``For purposes of this subsection, the term `applicable percentage' means 20 percent with respect to taxable years beginning in 2008 and 2009.''. (2) Phase-in of simplified credit.--Section 41(c)(5)(A) of such Code is amended-- (A) by striking ``12 percent'' and inserting ``the applicable percentage'', and (B) by adding at the end the following new sentence: ``For purposes of the preceding sentence, the term `applicable percentage' means 16 percent with respect to taxable years beginning in 2008 and 18 percent with respect to taxable years beginning in 2009''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2007. (b) Fully-Implemented Simplified Credit for Qualified Research Expenses.-- (1) In general.--Subsection (a) of section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended to read as follows: ``(a) Determination of Credit.-- ``(1) In general.--For purposes of section 38, the research credit determined under this section for the taxable year shall be equal to 20 percent of so much of the qualified research expenses for such taxable year as exceeds 50 percent of the average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined. ``(2) Special rule in case of no qualified research expenses in any of 3 preceding taxable years.-- ``(A) Taxpayers to which paragraph applies.--The credit under this section shall be determined under this paragraph if the taxpayer has no qualified research expenses in at least 1 of the 3 taxable years preceding the taxable year for which the credit is being determined. ``(B) Credit rate.--The credit determined under this paragraph shall be equal to 10 percent of the qualified research expenses for the taxable year.''. (2) Conforming amendment.--Section 41 of such Code is amended by striking subsection (c). (c) Uniform Reimbursement Rates for All Contract Research Expenses Other Than Amounts Paid for Basic Research.-- (1) In general.--Section 41(b)(3) of the Internal Revenue Code of 1986 (relating to contract research expenses) is amended-- (A) by striking ``65 percent'' and inserting ``80 percent'', and (B) by striking subparagraphs (C) and (D). (2) Basic research payments.--Section 41(b) of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Basic research payments.-- ``(A) In general.--In the case of basic research payments by the taxpayer, paragraph (3)(A) shall be applied by substituting `100 percent' for `80 percent'. ``(B) Basic research payments defined.--For purposes of this paragraph-- ``(i) In general.--The term `basic research payment' means, with respect to any taxable year, any amount paid in cash during such taxable year by a corporation to any qualified organization for basic research but only if-- ``(I) such payment is pursuant to a written agreement between such corporation and such qualified organization, and ``(II) such basic research is to be performed by such qualified organization. ``(ii) Exception to requirement that research be performed by the organization.--In the case of a qualified organization described in clause (iii) or (iv) of subparagraph (C), subclause (II) of clause (i) shall not apply. ``(C) Qualified organization.--For purposes of this paragraph, the term `qualified organization' means any of the following organizations: ``(i) Educational institutions.--Any educational organization which-- ``(I) is an institution of higher education (within the meaning of section 3304(f)), and ``(II) is described in section 170(b)(1)(A)(ii). ``(ii) Certain scientific research organizations.--Any organization not described in clause (i) which-- ``(I) is described in section 501(c)(3) and is exempt from tax under section 501(a), ``(II) is organized and operated primarily to conduct scientific research, and ``(III) is not a private foundation. ``(iii) Scientific tax-exempt organizations.--Any organization which-- ``(I) is described in section 501(c)(3) (other than a private foundation) or section 501(c)(6), ``(II) is exempt from tax under section 501(a), ``(III) is organized and operated primarily to promote scientific research by qualified organizations described in clause (i) pursuant to written research agreements, and ``(IV) currently expends substantially all of its funds or substantially all of the basic research payments received by it for grants to, or contracts for basic research with, an organization described in clause (i). ``(iv) Certain grant organizations.--Any organization not described in clause (ii) or (iii) which-- ``(I) is described in section 501(c)(3) and is exempt from tax under section 501(a) (other than a private foundation), ``(II) is established and maintained by an organization established before July 10, 1981, which meets the requirements of subclause (I), ``(III) is organized and operated exclusively for the purpose of making grants to organizations described in clause (i) pursuant to written research agreements for purposes of basic research, and ``(IV) makes an election, revocable only with the consent of the Secretary, to be treated as a private foundation for purposes of this title (other than section 4940, relating to excise tax based on investment income). ``(D) Definitions and special rules.--For purposes of this paragraph-- ``(i) Basic research.--The term `basic research' means any original investigation for the advancement of scientific knowledge not having a specific commercial objective, except that such term shall not include-- ``(I) basic research conducted outside of the United States, and ``(II) basic research in the social sciences, arts, or humanities. ``(ii) Trade or business qualification.-- For purposes of applying paragraph (1) to this paragraph, any basic research payments shall be treated as an amount paid in carrying on a trade or business of the taxpayer in the taxable year in which it is paid (without regard to the provisions of paragraph (3)(B)). ``(iii) Certain corporations not eligible.--The term `corporation' shall not include-- ``(I) an S corporation, ``(II) a personal holding company (as defined in section 542), or ``(III) a service organization (as defined in section 414(m)(3)).''. (3) Conforming amendments.-- (A) Section 41 of such Code is amended by striking subsection (e). (B) Section 41(f) of such Code is amended by striking paragraph (6). (C) Section 45C(b)(1(B)(ii) of such Code is amended by striking ``65 percent'' and inserting ``80 percent''. (d) Permanent Extension of Credit.-- (1) In general.--Section 41 of the Internal Revenue Code of 1986 is amended by striking subsection (h). (2) Conforming amendment.--Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2006. (e) Conforming Amendments.-- (1) Section 41 of the Internal Revenue Code of 1986 is amended by redesignating subsections (d), (f), and (g) as subsections (c), (d), and (e), respectively. (2) Paragraphs (2)(A) and (5) (as redesignated by subsection (b)(2)) of section 41(b) of such Code are each amended by striking ``subsection (f)(1)'' and inserting ``subsection (d)(1)''. (3) Sections 45C(d)(3), 45G(e)(2), and 936(h)(5)(C)(i)(IV)(c) of such Code are each amended by striking ``section 41(f)'' and inserting ``section 41(d)''. (4) Section 54(l)(3)(A) of such Code is amended by striking ``section 41(g)'' and inserting ``section 41(e)''. (5) Section 170(e)(4)(B)(i) of such Code is amended by striking ``subparagraph (A) or subparagraph (B) of section 41(e)(6)'' and inserting ``clause (i) or (ii) of section 41(b)(4)(C)''. (6) Sections 197(f)(1)(C), 197(f)(9)(C)(i)(II), and 280C(b)(3) of such Code are each amended by striking ``section 41(f)(1)'' and inserting ``section 41(d)(1)''. (7) Section 280C(b)(3) of such Code is amended by striking ``section 41(f)(5)'' and inserting ``section 41(d)(5)''. (8) Section 280C(b)(3) of such Code is amended by striking ``section 41(f)(1)(B)'' and inserting ``section 41(d)(1)(B)''. (9) Section 280C(c)(1) of such Code is amended by striking ``section 41(e)(2)'' and inserting ``section 41(b)(4)(B)''. (10) Section 280C(c)(2)(A) of such Code is amended by striking ``section 41(a)(1)'' and inserting ``section 41(a)''. (11) Sections 936(j)(5)(D) and 965(c)(2)(C)(i) of such Code are each amended by striking ``section 41(f)(3)'' and inserting ``section 41(d)(3)''. (f) Effective Date.--Except as otherwise provided in this section, the amendments made by this section shall apply to taxable years beginning after December 31, 2009. (g) Study of Compliance With Substantiation Requirements.--The Secretary of the Treasury or his delegate shall, not later than 1 year after the date of the enactment of this Act, conduct a study of taxpayer compliance with the substantiation requirements for claiming the credit allowed under section 41 of the Internal Revenue Code of 1986, including a study of-- (1) whether taxpayers maintain adequate record keeping to determine eligibility for, and correct amount of, the credit, (2) the impact of failure to comply with such requirements on the oversight and enforcement responsibilities of the Internal Revenue Service, and (3) the burdens imposed on other taxpayers by failure to comply with such requirements. The Secretary shall report the results of such study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, including any recommendations for administrative or legislative actions which could be taken to improve compliance with such requirements.

Innovation Tax Credit Act of 2008 - Amends the Internal Revenue Code to revise the tax credit for increasing research activities by: (1) phasing in increases in the alternative simplified tax credit rate through 2009; (2) establishing a 20% alternative simplified tax credit rate in 2010 in lieu of the standard research tax credit rate; (3) increasing the amount of basic and contract research expenses eligible for such tax credit; and (4) making such tax credit permanent.

To amend the Internal Revenue Code of 1986 to provide incentives to improve America's research competitiveness, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Campus Alcohol Abuse Prevention and Education Act''. SEC. 2. HIGHER EDUCATION AND DRUG AND ALCOHOL ABUSE PREVENTION. (a) Specific Programs.--Section 1213 of the Higher Education Act of 1965 (20 U.S.C. 1145g) is amended-- (1) in subsection (a), by striking ``and'' at the end of paragraph (1)(D), by redesignating paragraph (1)(E) as paragraph (1)(I), and by inserting after paragraph (1)(D) the following: ``(E) a prohibition on the distribution of any promotional material that encourages the consumption of alcoholic beverages on campus; ``(F) a prohibition of the distribution of free alcoholic beverages for promotional purposes on the campus; ``(G) a prohibition on sponsorship or public support of any on-campus athletic, musical, cultural, or social program, event, or competition by any alcoholic beverage company or by any group of such companies; ``(H) limiting alcoholic beverage advertisements in the institution of higher education's newspapers and other publications to price and product identification; and''; (2) in subsection (a), by inserting after and below paragraph (2)(B) the following: ``Identification, referral, or treatment of students and employees shall not jeopardize the matriculation status of the students or the employment of the employees.''; and (3) in subsection (c)(2), by striking ``(a)(1)(E)'' and inserting ``(a)(1)(I)''. (b) Student and Employee Involvement.--Section 1213(b) of the Higher Education Act of 1965 (20 U.S.C. 1145g(b) is amended by adding at the end the following: ``Such items shall be developed and adopted with student and employee participation.''. (c) Waiver of Sanctions.--Section 1213(c) of the Higher Education Act of 1965 (20 U.S.C. 1145g(c) is amended by adding at the end the following: ``(3) Upon application by an institution of higher education, the Secretary shall grant a waiver of sanctions authorized by subsection (a)(1)(I) to any institution of higher education which demonstrates that it is in the process of developing and implementing a plan required by subsection (a) for up to one year from the date of the enactment of this paragraph.''. SEC. 3. GRANTS AND CONTRACTS. (a) Grant and Contract Authority.--Section 1213 of the Higher Education Act of 1965 (2) U.S.C. 1145g) is amended by adding at the end the following: ``(e)(1) The Secretary may make grants to institutions of higher education or consortia of such institutions and contracts with such institutions and other organizations to develop, implement, operate, improve, and disseminate programs of prevention, and education (including treatment-referral) to reduce and eliminate the illegal use of drugs and alcohol and their associated violence. Such contracts may also be used for the support of a higher education center for alcohol and drug abuse prevention which will provide training, technical assistance, evaluation, dissemination and associated services and assistance to the higher education community as defined by the Secretary and the institutions of higher education. ``(2) Grants and contracts shall be made available under paragraph (1) on a competitive basis. An institution of higher education, a consortium of such institutions, or other organizations which desire to receive a grant or contract under paragraph (1) shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require by regulation. ``(3) The Secretary shall make every effort to ensure-- ``(A) the equitable participation of private and public institutions of higher education (including community and junior colleges), and ``(B) the equitable geographic participation of such institutions, in grants and contracts under paragraph (1). In the award of such grants and contracts, the Secretary shall give appropriate consideration to institutions of higher education with limited enrollment.''. (b) Repeal.--Section 4122 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7132) is repealed. SEC. 4. NATIONAL RECOGNITION AWARDS. (a) Awards.--For the purpose of providing models of alcohol and drug abuse prevention and education (including treatment-referral) programs in higher education and to focus national attention on exemplary alcohol and drug abuse prevention efforts, the Secretary of Education shall, on an annual basis, make 10 National Recognition Awards to institutions of higher education that have developed and implemented effective alcohol and drug abuse prevention and education programs. Such awards shall be made at a ceremony in Washington, D.C. and a document describing the programs of those who receive the awards shall be distributed nationally. (b) Application.-- (1) In general.--A national recognition award shall be made under subsection (a) to institutions of higher education which have applied for such award. Such an application shall contain-- (A) a clear description of the goals and objectives of the alcohol and drug abuse programs of the institution applying, (B) a description of program activities that focus on alcohol and other drug policy issues, policy development, modification, or refinement, policy dissemination and implementation, and policy enforcement; (C) a description of activities that encourage student and employee participation and involvement in both activity development and implementation; (D) the objective criteria used to determine the effectiveness of the methods used in such programs and the means used to evaluate and improve the program efforts, (E) a description of special initiatives used to reduce high-risk behavior or increase low risk behavior, or both, and (F) a description of coordination and networking efforts that exist in the community in which the institution is located for purposes of such programs. (2) Eligibility criteria.--All institutions of higher education which are two- and four-year colleges and universities that have established a drug and alcohol prevention and education program are eligible to apply for a National Recognition Award. To receive such an Award an institution of higher education must be nominated to receive it. An institution of higher education may nominate itself or be nominated by others such as professional associations or student organizations. (3) Application review.--The Secretary of Education shall appoint a committee to review applications submitted under paragraph (1). The committee may include representatives of Federal departments or agencies whose programs include alcohol and drug abuse prevention and education efforts, directors or heads (or their representatives) of professional associations that focus on prevention efforts, and non-Federal scientists who have backgrounds in social science evaluation and research methodology and in education. Decisions of the committee shall be made directly to the Secretary without review by any other entity in the Department of Education. (4) Review criteria.--Specific review criteria shall be developed by the Secretary in conjunction with the appropriate experts. In reviewing applications under paragraph (3) the committee shall consider-- (A) measures of effectiveness of the program of the applicant that should include changes in the campus alcohol and other drug environment or climate and changes in alcohol and other drug use before and after the initiation of the program; and (B) measures of program institutionalization, including an assessment of needs of the institution, the institution's alcohol and drug policies, staff and faculty development activities, drug prevention criteria, student, faculty, and campus community involvement, and a continuation of the program after the cessation of external funding. (c) Authorization.--For the implementation of the awards program under this section, there are authorized to be appropriated $25,000 for fiscal year 1996, $66,000 for each of the fiscal years 1997 and 1998, and $72,000 for each of the fiscal years 1999, 2000, 2001, and 2002.

College Campus Alcohol Abuse Prevention and Education Act - Amends the Higher Education Act of 1965 (HEA) to revise drug and alcohol abuse prevention program certification requirements (which must be met in order for a higher education institution (institution) to receive any Federal financial assistance) to require such programs to limit alcoholic beverage advertisements in the institution's newspapers and other publications to price and product identification. Prohibits: (1) distribution of any promotional material that encourages the consumption of alcoholic beverages on campus; (2) distribution of free alcoholic beverages for promotional purposes on campus; and (3) sponsorship or public support of any on-campus athletic, musical, cultural, or social program, event, or competition by any alcoholic beverage company or by any group of such companies. Requires that identification, referral, or treatment of students and employees under such programs not jeopardize their matriculation status or employment. Requires specified items under such programs to be developed and adopted with student and employee participation. Directs the Secretary of Education to waive certain sanctions relating to such programs for up to one year in the case of any institution in the process of developing and implementing a required plan. Authorizes the Secretary to make grants to institutions or consortia of them, and contracts with such institutions and other organizations, for programs of prevention, and education (including treatment-referral) to reduce and eliminate the illegal use of drugs and alcohol and associated violence. Allows such contracts also to be used for a higher education center for alcohol and drug abuse prevention which will provide training, technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community and institutions of higher education. Make a conforming repeal to the Elementary and Secondary Education Act of 1965. Directs the Secretary to make ten National Recognition Awards annually to institutions that have developed and implemented effective alcohol and drug abuse prevention and education programs. Authorizes appropriations.

College Campus Alcohol Abuse Prevention and Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Unemployment Compensation Extension Act of 2013''. SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM. (a) Extension.--Section 4007(a)(2) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``January 1, 2014'' and inserting ``January 1, 2015''. (b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (I), by striking ``and'' at the end; (2) in subparagraph (J), by inserting ``and'' at the end; and (3) by inserting after subparagraph (J) the following: ``(K) the amendments made by section 2(a) of the Emergency Unemployment Compensation Extension Act of 2013;''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 (Public Law 112-240). SEC. 3. TEMPORARY EXTENSION OF EXTENDED BENEFIT PROVISIONS. (a) In General.--Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note), is amended-- (1) by striking ``December 31, 2013'' each place it appears and inserting ``December 31, 2014''; and (2) in subsection (c), by striking ``June 30, 2014'' and inserting ``June 30, 2015''. (b) Extension of Matching for States With No Waiting Week.--Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking ``June 30, 2014'' and inserting ``June 30, 2015''. (c) Extension of Modification of Indicators Under the Extended Benefit Program.--Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended-- (1) in subsection (d), by striking ``December 31, 2013'' and inserting ``December 31, 2014''; and (2) in subsection (f)(2), by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (d) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 (Public Law 112-240). SEC. 4. EXTENSION OF FUNDING FOR REEMPLOYMENT SERVICES AND REEMPLOYMENT AND ELIGIBILITY ASSESSMENT ACTIVITIES. (a) In General.--Section 4004(c)(2)(A) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``through fiscal year 2014'' and inserting ``through fiscal year 2015''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 (Public Law 112-240). SEC. 5. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii)) is amended-- (1) by striking ``June 30, 2013'' and inserting ``June 30, 2014''; and (2) by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (b) Clarification on Authority To Use Funds.--Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of enactment of this Act. (c) Funding for Administration.--Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $250,000 for administrative expenses associated with the payment of additional extended unemployment benefits provided under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason of the amendments made by subsection (a), to remain available until expended. SEC. 6. SUBSEQUENT EMERGENCY UNEMPLOYMENT COMPENSATION AGREEMENTS. (a) In General.--Effective as of the date of the enactment of this Act, subsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) shall not apply with respect to a State whose agreement under title IV of such Act was terminated in 2013. (b) Permitting a Subsequent Agreement.--Nothing in such title IV shall preclude a State described in subsection (a) from entering into a subsequent agreement under such title on or after the date of the enactment of this Act if the State, taking into account the application of subsection (a), would otherwise meet the requirements for an agreement under such title.

Emergency Unemployment Compensation Extension Act of 2013 - Amends the Supplemental Appropriations Act, 2008 to extend emergency unemployment compensation (EUC) payments for eligible individuals to weeks of employment ending on or before January 1, 2015. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until December 31, 2014, requirements that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and June 30, 2015, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA of 1970) against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) Amends the FSEUCA of 1970 to postpone similarly from December 31, 2013, to December 31, 2014, termination of the period during which a state may determine its "on" and "off" indicators according to specified temporary substitutions in its formula. Amends the Supplemental Appropriations Act, 2008 (SAA, 2008) to appropriate funds out of the employment security administration account through FY2015 to assist states in providing reemployment and eligibility assessment activities. Amends the Railroad Unemployment Insurance Act to extend through December 31, 2014, the temporary increase in extended unemployment benefits. Makes a change in application of a certain requirement (nonreduction rule) to a state whose federal-state EUC agreement was terminated in 2013, under which the federal government would reimburse a state unemployment compensation agency making EUC payments to individuals who have exhausted all rights to regular unemployment compensation under state or federal law and meet specified other criteria. (Under the nonreduction rule such an agreement does not apply with respect to a state whose method for computing regular unemployment compensation under state law has been modified to make the average weekly unemployment compensation benefit paid on or after June 2, 2010, less than what would have been paid before June 2, 2010.) Declares that the nonreduction rule shall not apply to a state whose EUC agreement was terminated in 2013. Allows such a state, however, to enter into a subsequent federal-state EUC agreement on or after enactment of this Act if, taking into account this inapplicability of the nonreduction rule, it would otherwise meet the requirements for an EUC agreement. (Thus allows such a subsequent EUC agreement to permit payment of less than the average weekly unemployment compensation benefit paid on or after June 2, 2010.)

Emergency Unemployment Compensation Extension Act of 2013

SECTION 1. MODIFICATIONS OF TAX TREATMENT OF QUALIFIED STATE TUITION PROGRAMS. (a) Exclusion of Distributions Used for Educational Purposes.-- Subparagraph (B) of section 529(c)(3) of the Internal Revenue Code of 1986 (relating to treatment of distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--Subparagraph (A) shall not apply to any distribution to the extent-- ``(i) the distribution is used exclusively to pay qualified higher education expenses of the distributee, or ``(ii) the distribution consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense.'' (b) Qualified Higher Education Expenses to Include Room and Board.--Section 529(e)(3) of the Internal Revenue Code of 1986 (defining qualified higher education expenses) is amended by adding at the end the following: ``Such term shall also include reasonable costs (as determined under the qualified State tuition program) incurred by the designated beneficiary for room and board while attending such institution.'' (c) Additional Modifications.-- (1) Member of family.--Paragraph (2) of section 529(e) of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended to read as follows: ``(2) Member of family.--The term `member of family' means-- ``(A) an individual who bears a relationship to another individual which is a relationship described in paragraphs (1) through (8) of section 152(a), and ``(B) a spouse of any individual described in subparagraph (A).'' (2) Eligible educational institution.--Section 529(e) of such Code is amended-- (A) in paragraph (3), by striking ``(as defined in section 135(c)(3))'' and inserting ``(within the meaning of paragraph (5))'', and (B) by adding at the end the following: ``(5) 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 (20 U.S.C. 1088), as in effect on the date of the enactment of this paragraph, and ``(B) which is eligible to participate in a program under title IV of such Act.'' (3) Technical amendments.-- (A) Subparagraph (B) of section 529(e)(1) of such Code is amended by striking ``subsection (c)(2)(C)'' and inserting ``subsection (c)(3)(C)''. (B) Subparagraph (C) of section 529(e)(1) of such Code is amended by inserting ``(or agency or instrumentality thereof)'' after ``State or local government''. (C) Paragraph (2) of section 1806(c) of the Small Business Job Protection Act of 1996 is amended by striking so much of the first sentence as follows subparagraph (B)(ii) and inserting the following: ``then such program (as in effect on August 20, 1996) shall be treated as a qualified State tuition program with respect to contributions (and earnings allocable thereto) pursuant to contracts entered into under such program before the first date on which such program meets such requirements (determined without regard to this paragraph) and the provisions of such program (as so in effect) shall apply in lieu of section 529(b) of the Internal Revenue Code of 1986 with respect to such contributions and earnings.'' (d) Coordination With Education Savings Bond.--Section 135(c)(2) of the Internal Revenue Code of 1986 (defining qualified higher education expenses) is amended by adding at the end the following: ``(C) Contributions to qualified state tuition program.--Such term shall include any contribution to a qualified State tuition program (as defined in section 529) on behalf of a designated beneficiary (as so defined) who is an individual described in subparagraph (A).'' (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 1996. (2) Additional modifications.--The amendments made by subsection (c) shall take effect as if included in the amendments made by, and the provisions of, section 1806 of the Small Business Job Protection Act of 1996.

Amends the Internal Revenue Code, with respect to qualified State tuition programs to, among other things: (1) provide for the exclusion from gross income of distributions used for qualified higher education expenses; (2) include room and board in the definition of qualified higher education expenses; and (3) permit income from redeemed U.S. savings bonds to be used to contribute, without including such income in gross income (subject to income limitations), to a qualified State tuition program.

To amend the Internal Revenue Code of 1986 to modify the tax treatment of qualified State tuition programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Royal Hong Kong Police Anticrime Strategy Act of 1997''. SEC. 2. ROYAL HONG KONG POLICE ANTICRIME STRATEGY. (a) Definitions.--In this section-- (1) the term ``Attorney General'' means the Attorney General of the United States; (2) the term ``controlled substance'' has the same meaning as in section 102 of the Controlled Substances Act (21 U.S.C. 802); (3) the term ``Federal law enforcement agency'' includes-- (A) the Drug Enforcement Administration of the Department of Justice; (B) the Federal Bureau of Investigation of the Department of Justice; (C) the Immigration and Naturalization Service of the Department of Justice; (D) the Bureau of Alcohol, Tobacco, and Firearms of the Department of the Treasury; and (E) the United States Customs Service of the Department of the Treasury; (F) the United States Secret Service of the Department of the Treasury; and (G) any other department or agency of the Federal Government that is authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of Federal law; (4) the term ``qualified former officer of the Royal Hong Kong Police'' means any individual employed by the Royal Hong Kong Police on or before June 30, 1997, who-- (A) during that period of employment, was authorized to engage in or supervise the prevention, detection, investigation, or prosecution of criminal law; (B) in the determination of the Attorney General and the Secretary of the Treasury, does not constitute a law enforcement, national security, or other threat to the interest of the United States; and (C) meets such other requirements as the Attorney General and the Secretary of the Treasury may establish. (b) Study and Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Attorney General and the Secretary of the Treasury shall-- (A) conduct a study regarding the potential recruitment, hiring, or retention of qualified former officers of the Royal Hong Kong Police by Federal law enforcement agencies to assist those agencies in the prevention, detection, investigation, or prosecution of Federal criminal offenses; and (B) submit to the Committees on the Judiciary of the Senate and the House of Representatives a report describing the results of the study under subparagraph (A). (2) Consultation.--The Attorney General and the Secretary of the Treasury-- (A) shall consult with the Director of the Office of National Drug Control Policy of the Executive Office of the President in conducting the study under paragraph (1)(A); and (B) shall include any recommendations of the Director in the report submitted under paragraph (1)(B). (3) Contents of report.--To the maximum extent practicable, in addition to such information as may be included at the discretion of the Attorney General and the Secretary of the Treasury, the report under paragraph (1)(B) shall include an analysis of-- (A) the potential benefits of recruiting, hiring, or retaining qualified former officers of the Royal Hong Kong Police by Federal law enforcement agencies to assist or otherwise support those agencies the prevention, detection, investigation, or prosecution of Federal criminal offenses, including-- (i) illegal international and domestic trafficking of controlled substances, including any violation of section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)); (ii) illegal immigration, including the smuggling of illegal immigrants; (iii) illegal international arms trafficking; and (iv) any violation of section 1956 of title 18, United States Code; (B) any special knowledge or capabilities that qualified former officers of the Royal Hong Kong Police would potentially provide to Federal law enforcement agencies, such as translation or linguistic support, including an assessment of the extent to which such knowledge and capabilities are available domestically; (C) any legal or administrative barriers that may prevent the recruitment, hiring, or retention of qualified former officers of the Royal Hong Kong Police by Federal law enforcement agencies and, if necessary, recommendations for legislation to address those barriers; and (D) any potential security issues that would be raised by the hiring of qualified former officers of the Royal Hong Kong Police by Federal law enforcement agencies and, if necessary, the potential for minimizing any security risks through deployment in support or other capacities. (c) Certification.--Not later than 30 days after the date on which the report is submitted under subsection (b)(1)(B)-- (1) if the Attorney General determines, based on the results included in that report, that the recruitment, hiring, or retention of qualified former officers of the Royal Hong Kong Police would be of significant assistance to Federal law enforcement, the Attorney General shall so certify to Congress; and (2) if the Secretary of the Treasury determines, based on the results included in that report, that the recruitment, hiring, or retention of qualified former officers of the Royal Hong Kong Police would be of significant assistance to Federal law enforcement, the Secretary of the Treasury shall so certify to Congress. (d) Authorization of Appropriations.-- (1) Fiscal year 1998.--There are authorized to be appropriated for fiscal year 1998 such sums as may be necessary to carry out subsection (b)(1). (2) Succeeding fiscal years.--If-- (A) the Attorney General makes a certification under subsection (c)(1), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1998, 1999, 2000, and 2001 for the purposes of recruiting, hiring, or retaining not more than 100 qualified former officers of the Royal Hong Kong Police to support the activities of the Department of Justice; and (B) the Secretary of the Treasury makes a certification under subsection (c)(2), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1998, 1999, 2000, and 2001 for the purposes of recruiting, hiring, or retaining not more than 100 qualified former officers of the Royal Hong Kong Police to support the activities of the Department of the Treasury.

Royal Hong Kong Police Anticrime Strategy Act of 1997 - Directs the Attorney General and the Secretary of the Treasury to study and report to specified congressional committees regarding the potential recruitment, hiring, or retention of qualified former officers of the Royal Hong Kong Police by Federal law enforcement agencies to assist in the prevention, detection, investigation, or prosecution of Federal criminal offenses. Authorizes appropriations for: (1) FY 1998 for conducting such study; and (2) FY 1998 through 2001 for the recruitment, hiring, or retention of up to 100 of such officers for each of the Departments of Justice and the Treasury if the Attorney General and the Secretary of the Treasury each certify that it would be of significant assistance to Federal law enforcement.

Royal Hong Kong Police Anticrime Strategy Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Contracting and Tax Accountability Act of 2015''. SEC. 2. GOVERNMENTAL POLICY. It is the policy of the United States Government that no Government contracts or grants should be awarded to individuals or companies with seriously delinquent Federal tax debts. SEC. 3. DISCLOSURE AND EVALUATION OF CONTRACT OFFERS FROM DELINQUENT FEDERAL DEBTORS. (a) In General.--The head of any executive agency that issues an invitation for bids or a request for proposals for a contract in an amount greater than the simplified acquisition threshold shall require each person that submits a bid or proposal to submit with the bid or proposal a form-- (1) certifying that the person does not have a seriously delinquent tax debt; and (2) authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether the person has a seriously delinquent tax debt. (b) Impact on Responsibility Determination.--The head of any executive agency, in evaluating any offer received in response to a solicitation issued by the agency for bids or proposals for a contract, shall consider a certification that the offeror has a seriously delinquent tax debt to be definitive proof that the offeror is not a responsible source as defined in section 113 of title 41, United States Code. (c) Debarment.-- (1) Requirement.--Except as provided in paragraph (2), the head of an executive agency shall initiate a suspension or debarment proceeding against a person after receiving an offer for a contract from such person if-- (A) such offer contains a certification (as required under subsection (a)(1)) that such person has a seriously delinquent tax debt; or (B) the head of the agency receives information from the Secretary of the Treasury (as authorized under subsection (a)(2)) demonstrating that such a certification submitted by such person is false. (2) Waiver.--The head of an executive agency may waive paragraph (1) with respect to a person based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives paragraph (1) for a person, the head of the agency shall submit to Congress, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. (d) Release of Information.--The Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget, shall make available to all executive agencies a standard form for the authorization described in subsection (a). (e) Revision of Regulations.--Not later than 270 days after the date of enactment of this subsection, the Federal Acquisition Regulation shall be revised to incorporate the requirements of this section. SEC. 4. DISCLOSURE AND EVALUATION OF GRANT APPLICATIONS FROM DELINQUENT FEDERAL DEBTORS. (a) In General.--The head of any executive agency that offers a grant in excess of an amount equal to the simplified acquisition threshold shall require each person applying for a grant to submit with the grant application a form-- (1) certifying that the person does not have a seriously delinquent tax debt; and (2) authorizing the Secretary of the Treasury to disclose to the head of the executive agency information limited to describing whether the person has a seriously delinquent tax debt. (b) Impact on Determination of Financial Stability.--The head of any executive agency, in evaluating any application for a grant offered by the agency, shall consider a certification that the grant applicant has a seriously delinquent tax debt to be definitive proof that the applicant is high-risk and, if the applicant is awarded the grant, shall take appropriate measures under guidelines issued by the Office of Management and Budget for enhanced oversight of high-risk grantees. (c) Debarment.-- (1) Requirement.--Except as provided in paragraph (2), the head of an executive agency shall initiate a suspension or debarment proceeding against a person after receiving a grant application from such person if-- (A) such application contains a certification (as required under subsection (a)(1)) that such person has a seriously delinquent tax debt; or (B) the head of the agency receives information from the Secretary of the Treasury (as authorized under subsection (a)(2)) demonstrating that such a certification submitted by such person is false. (2) Waiver.--The head of an executive agency may waive paragraph (1) with respect to a person based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives paragraph (1) for a person, the head of the agency shall submit to Congress, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. (d) Release of Information.--The Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget, shall make available to all executive agencies a standard form for the authorization described in subsection (a). (e) Revision of Regulations.--Not later than 270 days after the date of the enactment of this section, the Director of the Office of Management and Budget shall revise such regulations as necessary to incorporate the requirements of this section. SEC. 5. DEFINITIONS AND SPECIAL RULES. For purposes of this Act: (1) Person.-- (A) In general.--The term ``person'' includes-- (i) an individual; (ii) a partnership; and (iii) a corporation. (B) Exclusion.--The term ``person'' does not include an individual seeking assistance through a grant entitlement program. (C) Treatment of certain partnerships.--A partnership shall be treated as a person with a seriously delinquent tax debt if such partnership has a partner who-- (i) holds an ownership interest of 50 percent or more in that partnership; and (ii) has a seriously delinquent tax debt. (D) Treatment of certain corporations.--A corporation shall be treated as a person with a seriously delinquent tax debt if such corporation has an officer or a shareholder who-- (i) holds 50 percent or more, or a controlling interest that is less than 50 percent, of the outstanding shares of corporate stock in that corporation; and (ii) has a seriously delinquent tax debt. (2) Executive agency.--The term ``executive agency'' has the meaning given such term in section 133 of title 41, United States Code. (3) Seriously delinquent tax debt.-- (A) In general.--The term ``seriously delinquent tax debt'' means a Federal tax liability that-- (i) has been assessed by the Secretary of the Treasury under the Internal Revenue Code of 1986, and (ii) may be collected by the Secretary by levy or by a proceeding in court. (B) Exceptions.--Such term does not include-- (i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; (ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending; (iii) a debt with respect to which a continuous levy has been issued under section 6331 of such Code (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to such a levy); and (iv) a debt with respect to which such a levy is released under section 6343(a)(1)(D) of such Code. SEC. 6. EFFECTIVE DATE. This Act shall apply with respect to contracts and grants awarded on or after the date occurring 270 days after the date of the enactment of this Act. Passed the House of Representatives April 15, 2015. Attest: KAREN L. HAAS, Clerk.

. Contracting and Tax Accountability Act of 2015 (Sec. 2) Declares it the policy of the U.S. government that no government contracts or grants should be awarded to individuals or companies with seriously delinquent federal tax debts. (Sec. 3) Requires the head of any executive agency that issues an invitation for bids or a request for proposals for a contract, or that offers a grant, in an amount greater than the simplified acquisition threshold, to require each person submitting a bid or proposal or grant application to: (1) certify that such person does not have a seriously delinquent tax debt, and (2) authorize the Department of the Treasury to disclose information limited to describing whether such person has a seriously delinquent tax debt. Subjects a person who has a seriously delinquent tax debt to a negative responsibility or high risk determination when applying for a federal contract or grant, or to suspension or debarment from the federal procurement process. Authorizes an agency head to waive a suspension or debarment proceeding for a person with a seriously delinquent tax debt upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. (Sec. 5) Defines "seriously delinquent tax debt" as a federal tax liability that has been assessed by the Internal Revenue Service and is collectible by levy or a court proceeding, except a tax debt: (1) that is being paid in a timely manner under an approved installment agreement or an offer-in-compromise, (2) for which a collection due process hearing has been requested or is pending; (3) for which a continuous levy has been issued or agreed to by an applicant for employment, or (4) with respect to which such a levy is released because it has been determined to be an economic hardship to the taxpayer. (Sec. 6) Makes this Act applicable to contracts and grants awarded on or after 270 days after the enactment date of this Act.

Contracting and Tax Accountability Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hopewell Township Investment Act of 1994''. SEC. 2. CONVEYANCE OF LAND. (a) Administrator of General Services.--The Administrator of General Services (hereinafter in this Act referred to as the ``Administrator'') is authorized to transfer, by negotiated sale at fair market value, to a nonprofit organization known as the ``Beaver County Corporation for Economic Development'' all right, title, and interest of the United States in and to those pieces or parcels of land in Hopewell Township, Pennsylvania, described in subsection (c), together with all improvements thereon and appurtenances thereto. The purpose of the conveyance is to provide a site for economic development in Hopewell Township. (b) Conveyance Terms.-- (1) Date of conveyance.--The date of the conveyance of property under subsection (a) shall be not later than the 180th day following the date of the enactment of this Act. (2) Terms and conditions.--The conveyance of property under subsection (a) shall be subject to such terms and conditions as may be determined by the Administrator to be necessary to safeguard the interests of the United States. Such terms and conditions shall be consistent with the terms and conditions set forth in this Act. (3) Quitclaim deed.--The conveyance of property under subsection (a) shall be by quitclaim deed. (c) Property Description.--The land referred to in subsection (a) is the parcel of land in the township of Hopewell, county of Beaver, Pennsylvania, bounded and described as follows: (1) Beginning at the southwest corner at a point common to Lot No. 1, same plan, lands now or formerly of Frank and Catherine Wutter, and the easterly right-of-way line of Pennsylvania Legislative Route No. 60 (Beaver Valley Expressway); thence proceeding by the easterly right-of-way of Pennsylvania Legislative Route No. 60 by the following three courses and distances: (A) North 17 degrees, 14 minutes, 20 seconds West, 213.10 feet to a point. (B) North 72 degrees, 45 minutes, 40 seconds East, 30.00 feet to a point. (C) North 17 degrees, 14 minutes, 20 seconds West, 252.91 feet to a point; on a line dividing Lot No. 1 from the other part of Lot No. 1, said part now called Lot No. 5, same plan; thence by last mentioned dividing line, North 78 degrees, 00 minutes, 00 seconds East; 135.58 to a point, a cul-de-sac on Industrial Drive; thence by said cul-de-sac and the southerly side of Industrial Drive by the following courses and distances: (i) By a curve to the right having a radius of 100.00 feet for an arc distance of 243.401 feet to a point. (ii) Thence by a curve to the right having a radius of 100.00 feet for an arc distance of 86.321 feet to a point. (iii) Thence by 78 degrees, 00 minutes, 00 seconds East, 777.78 feet to a point. (iv) Thence, North 12 degrees, 00 minutes, 00 seconds West, 74.71 feet to a point. (v) Thence by a curve to the right, having a radius of 50.00 feet for an arc distance of 78.54 feet to a point. (vi) Thence North 78 degrees, 00 minutes, 00 seconds East, 81.24 feet to a point. (vii) Thence by a curve to the right, having a radius of 415.00 feet for an arc distance of 140.64 feet to a point. (viii) Thence, South 82 degrees, 35 minutes, 01 second East, 125.00 feet to a point. (ix) Thence, South 7 degrees, 24 minutes, 59 seconds West, 5.00 feet to a point. (x) Thence by a curve to the right, having a radius of 320.00 feet for an arc distance of 256.85 feet to a point. (xi) Thence by a curve to the right having a radius of 50.00 feet for an arc distance of 44.18 feet to a point on the northerly side of Airport Road. (2) Thence by the northerly side thereof by the following: (A) South 14 degrees, 01 minute, 54 seconds West, 56.94 feet to a point. (B) Thence by a curve to the right having a radius of 225.00 feet for an arc distance of 207.989 feet to a point. (C) Thence South 66 degrees, 59 minutes, 45 seconds West, 192.08 feet to a point on the southern boundary of Lot No. 1, which line is also the line dividing Lot No. 1 from lands now or formerly, Frank and Catherine Wutter. (3) Thence by the same, South 75 degrees, 01 minutes, 00 seconds West, 1,351.23 feet to a point at the place of beginning. SEC. 3. ALTERNATIVE CONVEYANCE. In the event that the conveyance under section 2(a) is not completed on or before the 180th day following the date of the enactment of this Act, the Administrator is authorized to dispose of the land referred to in section 2(a) to Hopewell Township, Pennsylvania, in accordance with section 203(k)(2) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)(2)). Passed the House of Representatives October 4, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Hopewell Township Investment Act of 1994 - Authorizes the Administrator of General Services to convey, by negotiated sale at fair market value, certain land in Hopewell Township, Pennsylvania, to the Beaver County Corporation for Economic Development. States that if such conveyance is not made within 180 days after the enactment of this Act, then the Administrator may dispose of the land under surplus property provisions of the Federal Property and Administrative Services Act of 1949.

Hopewell Township Investment Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Making College More Affordable Act''. SEC. 2. DIRECT FEDERAL UNDERGRADUATE LOANS AND REPAYMENT PLAN. (a) Interest Rates.--Section 455(a) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is amended by adding at the end the following: ``(4) Undergraduate loans on or after the date of enactment of the making college more affordable act.-- ``(A) In general.--Notwithstanding any other provision of this Act, a new borrower on or after the date of enactment of the Making College More Affordable Act may only borrow a Federal Interest Free Education Loan for the undergraduate course work being pursued by such borrower. ``(B) Terms, conditions, and benefits.--A Federal Interest Free Education Loan shall have the same terms and conditions, and benefits to borrowers as Federal Direct Stafford Loans with respect to undergraduate borrowers, except that-- ``(i) a Federal Interest Free Education Loan shall have an applicable rate of interest of 3.76 percent for the term of the loan; ``(ii) the aggregate maximum amount of Federal Interest Free Education Loan that may be awarded to a borrower shall be $90,000, for not more than a 4-year academic period; ``(iii) interest on a Federal Interest Free Education Loan shall only accrue during periods when a borrower is not earning taxable income due to professional negligence, professional incompetence, or malicious action on the part of the borrower; ``(iv) a borrower may consolidate any loan under section 428B, or a Federal Direct PLUS Loan, that is made, insured, or guaranteed on behalf of such borrower with the Federal Interest Free Education Loan of such borrower; ``(v) a Federal Interest Free Education Loan may only be repaid under the income- contingent repayment plan under subsection (r); and ``(vi) the Secretary may determine other terms and conditions, and benefits to borrowers of a Federal Interest Free Education Loan.''. (b) Income-Contingent Repayment Plan for Undergraduate Loans.-- Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is further amended by adding at the end the following: ``(r) Income-Contingent Repayment Plan for Undergraduate Loans.-- Notwithstanding any other provision of this Act, the Secretary shall carry out a program under which-- ``(1) a borrower of a Federal Interest Free Education Loan-- ``(A) shall have an aggregate monthly payment for the outstanding balance of principal and interest due on all such loans automatically withheld from the pre- tax income of the borrower by the employer of the borrower in a manner which-- ``(i) prohibits employers from using any information about an employee's outstanding balance or principal and interest due on such loans for any purpose of use as an advantage against the employee; ``(ii) is determined by the Secretary, in coordination with the heads of other appropriate Federal agencies (including the Secretary of the Treasury and the Commissioner of the Social Security Administration); and ``(iii) is an amount equal to-- ``(I) if the borrower's gross income is less than 337 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), $0; ``(II) if the borrower's gross income is equal to or greater than 337 percent, but not more than 841 percent of such poverty line; 4 percent of the borrower's gross income; ``(III) if the borrower's gross income is equal to or greater than 842 percent, but not more than 925 percent of such poverty line, 5 percent of the borrower's gross income; ``(IV) if the borrower's gross income is equal to or greater than 926 percent, but not more than 1,010 percent of such poverty line, 6 percent of the borrower's gross income; ``(V) if the borrower's gross income is equal to or greater than 1,011 percent, but not more than 1,094 percent of such poverty line, 7 percent of the borrower's gross income; ``(VI) if the borrower's gross income is equal to or greater than 1,095 percent, but not more than 1,178 percent of such poverty line, 8 percent of the borrower's gross income; ``(VII) if the borrower's gross income is equal to or greater than 1,179 percent, and 1,262 percent of such poverty line, 9 percent of the borrower's gross income; and ``(VIII) if the borrower's gross income is equal to or greater than 1,263 percent of such poverty line, 10 percent of the borrower's gross income; ``(B) may elect to have any payments made under subparagraph (A) that exceed the amount owed by the borrower on such loans for a calendar year be refunded to the borrower or applied to the amount owed by the borrower on such loans for the succeeding calendar year; ``(2) the Secretary will cancel any outstanding balance of principal or interest due on all Federal Interest Free Education Loans made to a borrower who has made 300 monthly payments under this subsection; and ``(3) a borrower will be taxed on the amount cancelled under paragraph (2), which taxes shall be applied to carry out the Federal Direct Loan program under this part.''.

Making College More Affordable Act This bill amends the Higher Education Act of 1965 by creating federal interest-free education loans for undergraduate students. The loans must have the same terms and conditions and benefits to borrowers as federal direct Stafford Loans. Interest on these loans may only accrue during periods when a borrower is not earning taxable income due to professional negligence, professional incompetence, or malicious action on the part of the borrower. The Department of Education (ED) must carry out a repayment plan program for the interest-free loans under which loans payments are automatically withheld from the pre-tax income of the borrower. ED must cancel any outstanding balance of principal or interest due on those interest-free loans made to a borrower who has made 300 monthly payments. The borrower must be taxed on the amount canceled. Those taxes must be applied to carry out the federal direct loan program.

Making College More Affordable Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Flag Passenger Vessel Act of 1994''. SEC. 2. COASTWISE TRANSPORTATION OF PASSENGERS. (a) In General.--Section 8 of the Act of June 19, 1886 (46 U.S.C. App. 289), is amended to read as follows: ``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS. ``(a) In General.--Except as otherwise provided by law, a vessel may transport passengers in coastwise trade only if-- ``(1) the vessel meets the requirements of section 27 of the Merchant Marine Act, 1920, and section 2 of the Shipping Act, 1916, for engaging in coastwise trade; and ``(2) in the case of a vessel that is at least 5 net tons, the vessel is documented under chapter 121 of title 46, United States Code, with a coastwise endorsement. ``(b) Penalties.-- ``(1) Civil penalty.--A person operating a vessel in violation of this section shall be subject to a civil penalty of $1,000 for each passenger transported in violation of this section. ``(2) Forfeiture.--A vessel operated in knowing violation of this section, and its equipment, shall be subject to seizure by, and forfeiture to, the United States. ``(c) Definitions.--For purposes of this section-- ``(1) the term `coastwise trade' includes-- ``(A) transportation of a passenger from a place in any State or possession of the United States and returning to that place, if during the transportation no passenger departs from the vessel in a foreign country; and ``(B) transportation of a passenger between points in the United States, either directly or by way of a foreign port; and ``(2) the term `passenger' does not include a travel agent on a voyage if-- ``(A) the purpose of the voyage is to promote future trips on the vessel; ``(B) money is not paid to the vessel owner or charterer for the voyage; and ``(C) the voyage goes beyond the territorial sea of the United States.''. (b) Exception.-- (1) In general.--Notwithstanding the amendment made by subsection (a), an ineligible vessel may engage in the transport of passengers in coastwise trade (as those terms are defined in that amendment) on a trade route, if-- (A) the vessel engaged, in the period beginning January 1, 1990, and ending March 9, 1993, in the transport of passengers in coastwise trade on the trade route; and (B) not later than 1 year after the date of enactment of this Act, the owner files with the Secretary of Transportation an affidavit certifying compliance with subparagraph (A) and listing each trade route on which the vessel engaged in transport of passengers in coastwise trade in the period described in subparagraph (A). (2) Scheduled expiration of exception.--Paragraph (1) does not apply to an ineligible vessel after the latest of-- (A) January 1, 2000; (B) the date that is 15 years after the date of completion of construction of the vessel; or (C) the date that is 15 years after the date of completion of any major conversion of the vessel that is begun before the date of enactment of this Act. (3) Expiration of exception for failure to recrew.-- Paragraph (1) does not apply to an ineligible vessel after the date that is 5 years after the date of enactment of this Act, unless-- (A) each individual employed on the vessel after the 1-year period beginning on the date of enactment of this Act is either a citizen of the United States or an alien lawfully admitted to the United States for permanent residence; and (B) not more than 25 percent of the total number of individuals employed on the vessel after the 1-year period beginning on the date of enactment of this Act are aliens lawfully admitted to the United States for permanent residence. (4) Termination of exception upon entry of replacement.-- Paragraph (1) does not apply to an ineligible vessel with respect to a trade route after the date of entry into service on the trade route of an eligible vessel, if-- (A) the eligible vessel has a passenger carrying capacity that is equal to not less than 75 percent of the passenger carrying capacity of the ineligible vessel, as determined by the Secretary of the department in which the Coast Guard is operating; (B) the person that is the owner or charterer of the eligible vessel submits to the Secretary of Transportation, not later than 270 days before the date of entry into service-- (i) a notice of the intent of the person to enter into that service; and (ii) such evidence as the Secretary may require that the person is offering and advertising the service; (C) any individual employed on the ineligible vessel after the 1-year period beginning on the date of enactment of this Act-- (i) is not a citizen of the United States; and (ii) is not an alien lawfully admitted to the United States for permanent residence; and (D) more than 25 percent of the total number of individuals employed on the ineligible vessel after the 1-year period beginning on the date of enactment of this Act are aliens lawfully admitted to the United States for permanent residence. (5) Termination of exception upon sale of vessel.-- Paragraph (1) does not apply to an ineligible vessel after any date on which the vessel is sold after the date of enactment of this Act. (6) Definitions.--For purposes of this subsection-- (A) the term ``eligible vessel'' means a vessel that is eligible under chapter 121 of title 46, United States Code, for a certificate of documentation authorizing the vessel to engage in coastwise trade; (B) the term ``ineligible vessel'' means a vessel that is not eligible under chapter 121 of title 46, United States Code, for a certificate of documentation authorizing the vessel to engage in coastwise trade; and (C) the term ``major conversion'' has the same meaning given such term by section 2101(14a) of title 46, United States Code.

United States-Flag Passenger Vessel Act of 1994 - Amends Federal law to permit a vessel to transport passengers in coastwise trade only if: (1) the vessel meets certain requirements under the Merchant Marine Act, 1920 and the Shipping Act, 1916 for engaging in such trade; and (2) for a vessel that is at least five net tons, it is documented with a coastwise endorsement. Sets forth a civil penalty of $1,000 per passenger transported in violation of this Act. Sets forth terminable exceptions to such requirements for certain ineligible vessels.

United States-Flag Passenger Vessel Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Spill Dispersant Spraying Aircraft Act of 1998''. SEC. 2. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR THE PURPOSE OF DISPERSING OIL SPILLS. (a) Authority.--(1) Notwithstanding section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483) and subject to subsections (b) and (c), the Secretary of Defense may, during the period beginning October 1, 1998, and ending on September 30, 2002, sell aircraft and aircraft parts referred to in paragraph (2) to a person or entity that contracts to deliver oil dispersants by air in order to disperse oil spills. (2) The aircraft and aircraft parts that may be sold under paragraph (1) are aircraft and aircraft parts of the Department of Defense that are determined by the Secretary to be-- (A) excess to the needs of the Department; and (B) suitable for commercial sale. (b) Conditions of Sale.--Aircraft and aircraft parts sold under subsection (a)-- (1) may be used only for oil spill spotting, observation, dispersant delivery, and any other secondary and commercially viable use that is not prohibited by this Act and that would not interfere with the purchaser's primary oil spill response efforts under an oil spill response plan; and (2) may not be flown outside of or removed from the United States except with the approval of the Secretary of Defense for the purpose of fulfilling an international agreement to assist in oil spill dispersing efforts, or for other purposes that are jointly approved by the Secretary of Defense and the Secretary of Transportation. (c) Certification by Purchasers.--A person or entity that purchases an aircraft or aircraft parts from the Secretary of Defense under subsection (a) shall submit to the Secretary of the Department in which the Coast Guard is operating a statement in which the person or entity certifies that-- (1) the overall system to be employed for the delivery and application of oil spill dispersants has been sufficiently tested to ensure that the person or entity is capable of meeting the terms and conditions of an oil spill response plan that has been approved by the Secretary of the Department in which the Coast Guard is operating; (2) the system tests included the use of the purchased aircraft as modified and outfitted for dispersal purposes; and (3) the purchased aircraft will not be used for activities inconsistent with subsection (b). (d) System Defined.--For purposes of this Act, the term ``system'' means the services, equipment, and personnel through which a person or entity intends to deliver and apply oil spill dispersants, including application equipment, dispersant stockpiles, loading tanks, aircraft maintenance, trained pilots and support personnel, monitoring equipment and observation or spotter aircraft, and the aircraft and aircraft part being purchased. (e) Regulations.--(1) As soon as practicable after the date of enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of Transportation and the Administrator of General Services, prescribe regulations relating to the sale of aircraft and aircraft parts under this section. (2) The regulations shall-- (A) ensure that the sale of the aircraft and aircraft parts is made at a fair market value as determined by the Secretary of Defense; (B) ensure that all persons and entities purchasing aircraft under subsection (a) comply with the certification requirement under subsection (c); (C) establish appropriate means of verifying and enforcing the use of the aircraft and aircraft parts by the purchaser and any other user in accordance with the conditions set forth in subsection (b); and (D) ensure, to the maximum extent practicable, that the Secretary of Defense consults with the Administrator of General Services and with the heads of appropriate Federal departments and agencies regarding alternative requirements for such aircraft and aircraft parts. (f) Additional Terms and Conditions.--The Secretary of Defense may require such other terms and conditions in connection with each sale of aircraft and aircraft parts under this section as the Secretary considers appropriate for such sale. Such terms and conditions shall meet the requirements of regulations prescribed under subsection (e). (g) Report.--Not later than March 31, 2002, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report on the Secretary's exercise of authority under this section. The report shall set forth-- (1) the number and type of aircraft sold under the authority, and the terms and conditions under which the aircraft were sold; (2) the persons and entities to which the aircraft were sold; and (3) an accounting of the then current use of the aircraft sold. (h) Construction.--Nothing in this section may be construed as affecting the authority of the Administrator of the Federal Aviation Administration under any other provision of law.

Oil Spill Dispersant Spraying Aircraft Act of 1998 - Authorizes the Secretary of Defense (Secretary), during FY 1998 through 2002, to sell excess Department of Defense aircraft and parts to a person or entity that contracts to deliver oil dispersants by air for the dispersing of oil spills. Provides sale conditions, including a requirement that the purchaser make certain certifications to the Secretary of the department in which the Coast Guard is operating as to the testing of the dispersing system and the proper use of aircraft and parts purchased. Requires the Secretary to: (1) prescribe sale regulations; and (2) report to the congressional defense committees on such sales.

Oil Spill Dispersant Spraying Aircraft Act of 1998

SECTION 1. ELDERLY HOMELESS VETERANS HOUSING GRANT PILOT PROGRAM. (a) Establishment.--The Secretary of Veterans Affairs and the Secretary of Housing and Urban Development shall jointly establish a pilot program to award grants to nonprofit organizations to provide homeless veterans with non-transitional housing. (b) Eligible Organization.-- (1) Nonprofit organization.--The Secretaries may award two grants under this section to nonprofit organizations that provide housing to homeless veterans or assist homeless veterans to find housing. (2) Locations.--In selecting the nonprofit organizations under paragraph (1), the Secretaries shall ensure that such organizations operate in separate geographical locations. (3) Application.--To be eligible for a grant under this section, a nonprofit organization shall submit to the Secretaries an application at such time, in such manner, and containing such information as the Secretaries may require. (c) Number and Amount of Grant.-- (1) Number.--The Secretaries-- (A) may award two grants under this section; and (B) may not award more than one grant to a single nonprofit organization. (2) Amount.--A grant awarded under this section may not exceed $25,000,000. (d) Use of Grant.-- (1) In general.--A nonprofit organization may use a grant awarded under this section to-- (A) purchase real property within a single geographical area to be used to provide up to 200 eligible homeless veterans with non-transitional housing; and (B) refurbish or renovate such property. (2) Eligible homeless veterans.--A homeless veteran is eligible for housing provided pursuant to this section if the Secretary of Veterans Affairs determines that the homeless veteran-- (A) has-- (i) been continuously homeless for a year or more; or (ii) during the last three years, had at least four separate, distinct, and sustained periods during which the veteran lived or resided on the streets, in an emergency shelter for homeless persons, or a combination of both; (B) has a condition that limits the veteran's ability to work or perform activities of daily living, including conditions related to-- (i) a diagnosable substance abuse disorder; (ii) a serious mental illness; (iii) a developmental disability; or (iv) a chronic physical illness or disability; and (C) has attained the age of 55. (e) Case Management.-- (1) In general.--The Secretary of Veterans Affairs shall provide case management for homeless veterans who receive housing assistance pursuant to this section. The Secretary shall maintain a sufficient number of caseworkers to ensure that the ratio of such homeless veterans to caseworkers does not exceed 25 to 1. (2) Provision.--In carrying out paragraph (1), the Secretary shall allow the non-profit organization awarded a grant under this section to provide the case management under paragraph (1) if the non-profit organization elects to provide such case management. (f) Report.--Not later than 180 days after the date on which the pilot grant program terminates pursuant to subsection (i), the Secretaries shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the pilot grant program that includes-- (1) the number of veterans served under the program; (2) the types of services offered under the program to such veterans; (3) the amount of money spent under the program on each such veteran; (4) a recommendation as to the feasibility and advisability of continuing the program; and (5) any other information the Secretaries consider appropriate. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretaries to carry out this section $50,000,000. (h) Homeless Veteran Defined.--In this section, the term ``homeless veteran'' means a veteran who is homeless (as that term is defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a))). (i) Termination.--The pilot grant program established under subsection (a) shall terminate on the date that is two years after the date on which the Secretaries award a grant under such subsection.

Directs the Secretaries of Veterans Affairs (VA) and Housing and Urban Development (HUD) to jointly establish a two-year pilot program of grants to nonprofit organizations to provide homeless veterans with non-transitional housing. Authorizes the Secretaries to award two grants of up to $25 million each under the program. Allows recipients to use such grant to: (1) purchase real property to provide up to 200 homeless veterans with non-transitional housing, and (2) refurbish or renovate such property. Makes eligible for such housing veterans of at least 55 years of age who: (1) have been continuously homeless for a year or more or, during the last three years, had at least four separate periods of living on the streets, in an emergency shelter, or a combination thereof; and (2) have a condition that limits their ability to work or perform activities of daily living. Directs the VA Secretary to provide case management for veterans receiving such assistance.

To direct the Secretary of Veterans Affairs and the Secretary of Housing and Urban Development to establish a grant pilot program to provide housing to elderly homeless veterans.

SECTION 1. TEMPORARY INCREASE OF MEDICAID FMAP. (a) Permitting Maintenance of Fiscal Year 2001 FMAP for Last 3 Calendar Quarters of Fiscal Year 2002.--Notwithstanding any other provision of law, but subject to subsection (g), if the FMAP determined without regard to this section for a State for fiscal year 2002 is less than the FMAP as so determined for fiscal year 2001, the FMAP for the State for fiscal year 2001 shall be substituted for the State's FMAP for the second, third, and fourth calendar quarters of fiscal year 2002, before the application of this section. (b) Permitting Maintenance of Fiscal Year 2002 FMAP for Fiscal Year 2003.--Notwithstanding any other provision of law, but subject to subsection (g), if the FMAP determined without regard to this section for a State for fiscal year 2003 is less than the FMAP as so determined for fiscal year 2002, the FMAP for the State for fiscal year 2002 shall be substituted for the State's FMAP for each calendar quarter of fiscal year 2003, before the application of this section. (c) Permitting Maintenance of Fiscal Year 2003 FMAP for Fiscal Year 2004.--Notwithstanding any other provision of law, but subject to subsection (g), if the FMAP determined without regard to this section for a State for fiscal year 2004 is less than the FMAP as so determined for fiscal year 2003, the FMAP for the State for fiscal year 2003 shall be substituted for the State's FMAP for each calendar quarter of fiscal year 2004, before the application of this section. (d) General 1.50 Percentage Points Increase Through Fiscal Year 2004.--Notwithstanding any other provision of law, but subject to subsections (g) and (h), for each State for the second, third, and fourth calendar quarters of fiscal year 2002 and each calendar quarter of fiscal years 2003 and 2004, the FMAP (taking into account the application of subsections (a), (b), and (c)) shall be increased by 1.50 percentage points. (e) Further Increase for States With High Unemployment Rates Through Fiscal Year 2004.-- (1) In general.--Notwithstanding any other provision of law, but subject to subsections (g) and (h), the FMAP for a high unemployment State for the second, third, and fourth calendar quarters of fiscal year 2002, or any calendar quarter of fiscal year 2003 or 2004, (and any subsequent such calendar quarters after the first such calendar quarter for which the State is a high unemployment State regardless of whether the State continues to be a high unemployment State for the subsequent such calendar quarters) shall be increased (after the application of subsections (a), (b), (c), and (d)) by 1.50 percentage points. (2) High unemployment state.-- (A) In general.--For purposes of this subsection, a State is a high unemployment State for a calendar quarter if, for any 3 consecutive months beginning on or after June 2001 and ending with the second month before the beginning of the calendar quarter, the State has an average seasonally adjusted unemployment rate that exceeds the average weighted unemployment rate during such period. Such unemployment rates for such months shall be determined based on publications of the Bureau of Labor Statistics of the Department of Labor. (B) Average weighted unemployment rate defined.-- For purposes of subparagraph (A), the ``average weighted unemployment rate'' for a period is-- (i) the sum of the seasonally adjusted number of unemployed civilians in each State and the District of Columbia for the period; divided by (ii) the sum of the civilian labor force in each State and the District of Columbia for the period. (f) Increase in Cap on Medicaid Payments to Territories.-- Notwithstanding any other provision of law, with respect to the second, third, and fourth calendar quarters of fiscal year 2002, and each calendar quarter of fiscal years 2003 and 2004, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be increased by an amount equal to 6 percentage points of such amounts. (g) Scope of Application.--The increases in the FMAP for a State under this section shall apply only for purposes of title XIX of the Social Security Act and shall not apply with respect to-- (1) disproportionate share hospital payments described in section 1923 of such Act (42 U.S.C. 1396r-4); or (2) payments under titles IV and XXI of such Act (42 U.S.C. 601 et seq. and 1397aa et seq.). (h) State Eligibility.--A State is eligible for an increase in its FMAP under subsection (d) or (e) or an increase in a cap amount under subsection (f) only if the eligibility under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) is no more restrictive than the eligibility under such plan (or waiver) as in effect on October 1, 2001. (i) Definitions.--In this section: (1) FMAP.--The term ``FMAP'' means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)). (2) State.--The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

Declares that, if the Federal medical assistance percentage (FMAP) under title XIX (Medicaid) of the Social Security Act (SSA) for a State for FY 2002 is less than the FMAP for FY 2001, the FY 2001 FMAP shall be substituted for the State's FMAP for the last three calendar quarters of FY 2002. Declares similarly that: (1) if a State's FY 2003 FMAP is less than the FY 2002 FMAP, the FY 2002 FMAP shall be substituted for each calendar quarter of FY 2003; and (2) if a State's FY 2004 FMAP is less than the FY 2003 FMAP, the FY 2003 FMAP shall be substituted for each calendar quarter of FY 2004.Requires each eligible State for each calendar quarter for the last three calendar quarters of FY 2002 and each calendar quarter for FY 2003 through FY 2004 to be increased by 1.5 percentage points. Mandates specified FMAP increases for States with high unemployment rates, and a specified Medicaid payment cap increase for territories. Prohibits application of the FMAP increases for a State under this Act with respect to: (1) disproportionate share hospital payments under Medicaid; and (2) payments under SSA titles IV and XXI (State Children's Health Insurance) (SCHIP).

A bill to temporarily increase the Federal medical assistance percentage for the medicaid program.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Code Talkers Recognition Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Expression of recognition. TITLE I--SIOUX CODE TALKERS Sec. 101. Findings. Sec. 102. Congressional commemorative medal. TITLE II--COMANCHE CODE TALKERS Sec. 201. Findings. Sec. 202. Congressional commemorative medal. TITLE III--CHOCTAW CODE TALKERS Sec. 301. Findings. Sec. 302. Congressional commemorative medal. TITLE IV--SAC AND FOX CODE TALKERS Sec. 401. Findings. Sec. 402. Congressional commemorative medal. TITLE V--GENERAL PROVISIONS Sec. 501. Definition of Indian tribe. Sec. 502. Medals for other Code Talkers. Sec. 503. Provisions applicable to all medals under this Act. Sec. 504. Duplicate medals. Sec. 505. Status as national medals. Sec. 506. Funding. SEC. 2. EXPRESSION OF RECOGNITION. The purpose of the medals authorized by this Act is to express recognition by the United States and citizens of the United States of, and to honor, the Native American Code Talkers who distinguished themselves in performing highly successful communications operations of a unique type that greatly assisted in saving countless lives and in hastening the end of World War I and World War II. TITLE I--SIOUX CODE TALKERS SEC. 101. FINDINGS. Congress finds that-- (1) Sioux Indians used their native languages, Dakota, Lakota, and Dakota Sioux, as code during World War II; (2) those individuals, who manned radio communications networks to advise of enemy actions, became known as the Sioux Code Talkers; (3) under some of the heaviest combat action, the Code Talkers worked around the clock to provide information that saved the lives of many Americans in war theaters in the Pacific and Europe, such as the location of enemy troops and the number of enemy guns; and (4) the Sioux Code Talkers were so successful that military commanders credit the code with saving the lives of countless American soldiers and being instrumental to the success of the United States in many battles during World War II. SEC. 102. CONGRESSIONAL COMMEMORATIVE MEDAL. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the presentation, on behalf of Congress, of a commemorative medal of appropriate design, to each Sioux Code Talker, including-- (1) Eddie Eagle Boy; (2) Simon Brokenleg; (3) Iver Crow Eagle, Sr.; (4) Edmund St. John; (5) Walter C. John; (6) John Bear King; (7) Phillip ``Stoney'' LaBlanc; (8) Baptiste Pumpkinseed; (9) Guy Rondell; (10) Charles Whitepipe; and (11) Clarence Wolfguts. TITLE II--COMANCHE CODE TALKERS SEC. 201. FINDINGS. Congress finds that-- (1) the Japanese Empire attacked Pearl Harbor, Hawaii, on December 7, 1941, and Congress declared war on Japan the following day; (2) the military code developed by the United States for transmitting messages had been deciphered by the Axis powers, and United States military intelligence sought to develop a new means to counter the enemy; (3) the Federal Government called on the Comanche Nation to support the military effort by recruiting and enlisting Comanche men to serve in the United States Army to develop a secret code based on the Comanche language; (4) at the time, the Comanches were-- (A) considered to be second-class citizens; and (B) discouraged from using their own language; (5) the Comanches of the 4th Signal Division became known as the ``Comanche Code Talkers'' and helped to develop a code using their language to communicate military messages during the D-Day invasion and in the European theater during World War II; (6) to the frustration of the enemy, the code developed by those Native Americans-- (A) proved to be unbreakable; and (B) was used extensively throughout the European war theater; (7) the Comanche language, discouraged in the past, was instrumental in developing 1 of the most significant and successful military codes of World War II; (8) the efforts of the Comanche Code Talkers-- (A) contributed greatly to the Allied war effort in Europe; (B) were instrumental in winning the war in Europe; and (C) saved countless lives; (9) only 1 of the Comanche Code Talkers of World War II remains alive today; and (10) the time has come for Congress to honor the Comanche Code Talkers for their valor and service to the United States. SEC. 202. CONGRESSIONAL COMMEMORATIVE MEDAL. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the presentation, on behalf of Congress, of a commemorative medal of appropriate design to each of the following Comanche Code Talkers of World War II, in recognition of contributions of those individuals to the United States: (1) Charles Chibitty. (2) Haddon Codynah. (3) Robert Holder. (4) Forrest Kassanovoid. (5) Willington Mihecoby. (6) Perry Noyebad. (7) Clifford Otitivo. (8) Simmons Parker. (9) Melvin Permansu. (10) Dick Red Elk. (11) Elgin Red Elk. (12) Larry Saupitty. (13) Morris Sunrise. (14) Willie Yackeschi. TITLE III--CHOCTAW CODE TALKERS SEC. 301. FINDINGS. Congress finds that-- (1) on April 6, 1917, the United States, after extraordinary provocations, declared war on Germany and entered World War I, the War to End All Wars; (2) at the time of that declaration of war, Indian people in the United States, including members of the Choctaw Nation, were not accorded the status of citizens of the United States; (3) without regard to this lack of citizenship, many members of the Choctaw Nation joined many members of other Indian tribes and nations in enlisting in the Armed Forces to fight on behalf of the United States; (4) members of the Choctaw Nation were-- (A) enlisted in the force known as the American Expeditionary Force, which began hostile actions in France in the fall of 1917; and (B) incorporated in a company of Indian enlistees serving in the 142d Infantry Company of the 36th Division; (5) a major impediment to Allied operations in general, and operations of the United States in particular, was the fact that the German forces had deciphered all codes used for transmitting information between Allied commands, leading to substantial loss of men and materiel during the first year in which the military of the United States engaged in combat in World War I; (6) because of the proximity and static nature of the battle lines, a method to communicate without the knowledge of the enemy was needed; (7) a commander of the United States realized the fact that he had under his command a number of men who spoke a native language; (8) while the use of such native languages was discouraged by the Federal Government, the commander sought out and recruited 18 Choctaw Indians to assist in transmitting field telephone communications during an upcoming campaign; (9) because the language used by the Choctaw soldiers in the transmission of information was not based on a European language or on a mathematical progression, the Germans were unable to understand any of the transmissions; (10) the Choctaw soldiers were placed in different command positions to achieve the widest practicable area for communications; (11) the use of the Choctaw Code Talkers was particularly important in-- (A) the movement of American soldiers in October of 1918 (including securing forward and exposed positions); (B) the protection of supplies during American action (including protecting gun emplacements from enemy shelling); and (C) in the preparation for the assault on German positions in the final stages of combat operations in the fall of 1918; (12) in the opinion of the officers involved, the use of Choctaw Indians to transmit information in their native language saved men and munitions, and was highly successful; (13) based on that successful experience, Choctaw Indians were withdrawn from frontline units for training in transmission of codes so as to be more widely used when the war came to an end; (14) the Germans never succeeded in breaking the Choctaw code; (15) that was the first time in modern warfare that the transmission of messages in a Native American language was used for the purpose of confusing the enemy; (16) this action by members of the Choctaw Nation-- (A) is another example of the commitment of Native Americans to the defense of the United States; and (B) adds to the proud legacy of such service; and (17) the Choctaw Nation has honored the actions of those 18 Choctaw Code Talkers through a memorial bearing their names located at the entrance of the tribal complex in Durant, Oklahoma. SEC. 302. CONGRESSIONAL COMMEMORATIVE MEDAL. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the presentation, on behalf of Congress, of a commemorative medal of appropriate design honoring the Choctaw Code Talkers. TITLE IV--SAC AND FOX CODE TALKERS SEC. 401. FINDINGS. Congress finds that-- (1) Sac and Fox Indians used their native language, Meskwaki, to transmit military code during Word War II; (2) those individuals, who manned radio communications networks to advise of enemy actions, became known as the Sac and Fox Code Talkers; and (3) under heavy combat action, the Code Talkers worked without sleep to provide information that saved the lives of many Americans. SEC. 402. CONGRESSIONAL COMMEMORATIVE MEDAL. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the presentation, on behalf of Congress, of a commemorative medal of appropriate design, to each of the following Sac and Fox Code Talkers of World War II, in recognition of the contributions of those individuals to the United States: (1) Frank Sanache. (2) Willard Sanache. (3) Dewey Youngbear. (4) Edward Benson. (5) Judie Wayne Wabaunasee. (6) Mike Wayne Wabaunasee. (7) Dewey Roberts. (8) Melvin Twin. TITLE V--GENERAL PROVISIONS SEC. 501. DEFINITION OF INDIAN TRIBE. In this title, the term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 4506). SEC. 502. MEDALS FOR OTHER CODE TALKERS. (a) Presentation Authorized.--In addition to the commemorative medals authorized to be presented under sections 102, 202, 302, and 402, the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the presentation, on behalf of Congress, of a commemorative medal of appropriate design to any other Native American Code Talker identified by the Secretary of Defense under subsection (b) who has not previously received a congressional commemorative medal. (b) Identification of Other Native American Code Talkers.-- (1) In general.--Any Native American member of the United States Armed Forces who served as a Code Talker in any foreign conflict in which the United States was involved during the 20th Century shall be eligible for a commemorative medal under this section. (2) Determination.--The Secretary of Defense shall-- (A) determine eligibility under paragraph (1); and (B) not later than 120 days after the date of enactment of this Act, establish a list of the names of individuals eligible to receive a medal under paragraph (1). SEC. 503. PROVISIONS APPLICABLE TO ALL MEDALS UNDER THIS ACT. (a) Medals Awarded Posthumously.--A medal authorized by this Act may be awarded posthumously on behalf of, and presented to the next of kin or other representative of, a Native American Code Talker. (b) Design and Striking.-- (1) In general.--For purposes of any presentation of a commemorative medal under this Act, the Secretary of the Treasury shall strike gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary of the Treasury. (2) Designs emblematic of tribal affiliation.--The design of the commemorative medals struck under this Act for Native American Code Talkers who are members of the same Indian tribe shall be emblematic of the participation of the Code Talkers of that Indian tribe. SEC. 504. DUPLICATE MEDALS. The Secretary of the Treasury may strike and sell duplicates in bronze of the commemorative medals struck under this Act-- (1) in accordance with such regulations as the Secretary may promulgate; and (2) at a price sufficient to cover the costs of the medals (including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the bronze medal). SEC. 505. STATUS AS NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 506. FUNDING. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as are necessary to strike and award medals authorized by this Act. (b) Proceeds of Sale.--All amounts received from the sale of duplicate bronze medals under section 504 shall be deposited in the United States Mint Public Enterprise Fund. Passed the Senate September 20, 2006. Attest: Secretary. 109th CONGRESS 2d Session S. 1035 _______________________________________________________________________ AN ACT To authorize the presentation of commemorative medals on behalf of Congress to Native Americans who served as Code Talkers during foreign conflicts in which the United States was involved during the 20th century in recognition of the service of those Native Americans to the United States.

Code Talkers Recognition Act - Title I: Sioux Code Talkers - Requires the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the presentation, on behalf of Congress, of commemorative medals of appropriate design to Sioux Code Talkers of World War II.. Title II: Comanche Code Talkers - Requires the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the presentation, on behalf of Congress, of commemorative medals of appropriate design to Comanche Code Talkers of World War II. Title III: Choctaw Code Talkers - Requires the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the presentation, on behalf of Congress, of commemorative medals of appropriate design to Choctaw Code Talkers of World War I. Title IV: Sac and Fox Code Talkers - Requires the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the presentation, on behalf of Congress, of commemorative medals of appropriate design to Sac and Fox Code Talkers of World War II. Title V: General Provisions - Requires the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the presentation, on behalf of Congress, of commemorative medals of appropriate design to any other Native American Code Talkers identified by the Secretary of Defense who has not previously received a congressional commemorative medal. . Allows the posthumous award of a medal authorized by this Act.

A bill to authorize the presentation of commemorative medals on behalf of Congress to Native Americans who served as Code Talkers during foreign conflicts in which the United States was involved during the 20th century in recognition of the service of those Native Americans to the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Access Via Excellence for Medicare Home Health Act of 2014'' or the ``SAVE Medicare Home Health Act of 2014''. SEC. 2. REPEAL OF MEDICARE HOME HEALTH REBASING REDUCTION PROVIDED UNDER PPACA AND DETAILED ANALYSIS OF SUCH REDUCTION. (a) Repeal of Rebasing Reduction and Codification of CY 2014 Payment Adjustment.-- (1) Repeal.--Section 1895(b)(3)(A) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(A)) is amended by striking clause (iii). (2) Codification.--Such section, as amended by paragraph (1), is further amended by adding at the end the following new clause: ``(iii) Codification of cy 2014 payment adjustment.--The amount (or amounts) that would otherwise be applicable under clause (i)(III) for 2015 and subsequent years shall be determined taking into account the 3.5 percentage point reduction effective for 2014 pursuant to the rule for home health prospective payment system rate update for calendar year 2014 (promulgated on December 2, 2013, 78 Federal Register 72256).''. (b) Detailed Analysis of Rebasing Reduction.-- (1) In general.--The Secretary of Health and Human Services shall conduct a detailed analysis of the rebasing reduction in Medicare payments for home health services promulgated under the rule for home health prospective payment system rate update for calendar year 2014 (promulgated on December 2, 2013, 78 Federal Register 72256), pursuant to the Regulatory Flexibility Act, Executive Order 13563, section 3131(a) of the Patient Protection and Affordable Care Act, and other specified factors. Such analysis shall include an assessment of at least the following factors: (A) The age, poverty level, gender, rural residence, ethnic or racial minority, and infirmity of Medicare beneficiaries receiving home health services in comparison to other Medicare beneficiaries. (B) The number, gender, and geographic distribution of professional Medicare home health caregivers. (C) The number and location of home health agencies that have closed, consolidated, or been acquired since the rebasing reduction was implemented. (D) The number and location of professional home health caregiver jobs that have been lost since the rebasing reduction was implemented. (2) Report.--Not later than February 1, 2015, the Secretary shall submit to Congress a report that contains findings regarding the analysis conducted under paragraph (1), including the Secretary's assessment of the factors specified in such paragraph. SEC. 3. ESTABLISHMENT OF HOME HEALTH VALUE-BASED PURCHASING (VBP) PROGRAM. (a) Readmission Measures.--Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended by adding at the end the following new subsection: ``(f) Post-Hospital Home Health Services Readmission Measure.-- ``(1) Readmission measure.--Not later than January 1, 2016, the Secretary shall specify a home health all-cause all- condition hospital unplanned readmission measure (or any successor to such a measure) for readmissions (for any cause) to a hospital for an individual who is entitled to benefits under part A (or enrolled under part B) and who is receiving post-hospital home health services. ``(2) Resource use measure.--Not later than January 1, 2017, the Secretary shall specify a measure that is the measure specified under paragraph (1), risk-adjusted for potentially preventable readmissions to a hospital for an individual described in such paragraph. ``(3) Development.--The measures specified under paragraphs (1) and (2) shall be developed through a formal process that is based on input from a group of multiple stakeholders consisting of at least senior advocates, Medicare beneficiaries, caregivers, and home health physicians, nurses, therapists, and operators of home health agencies. ``(4) Quarterly feedback reports to home health agencies.-- Beginning January 1, 2017, and every quarter thereafter, the Secretary shall provide confidential feedback to home health agencies on their performance with respect to such measures. ``(5) Public reporting on performance.-- ``(A) In general.--Subject to subparagraphs (B) and (C), the Secretary shall establish procedures for making public on the Medicare Home Health Compare website (or successor to such website) the performance of home health agencies with respect to a measure specified under paragraph (1) and a measure specified under paragraph (2). ``(B) Opportunity to review.--The procedures under subparagraph (A) shall ensure that a home health agency has the opportunity to review and submit corrections to the information that is to be made public with respect to such agency before such information is made public. ``(C) Timing.--Such procedures shall provide that the information described in subparagraph (A) is first made publicly available beginning no later than January 1, 2018.''. (b) Value-Based Purchasing Program for Home Health Agencies.-- Section 1895 of the Social Security Act (42 U.S.C. 1395fff), as amended by subsection (a), is further amended by adding at the end the following new subsection: ``(g) Application of Value-Based Purchasing Program.-- ``(1) Establishment.-- ``(A) In general.--Subject to the succeeding provisions of this subsection, the Secretary shall establish a home health agency value-based purchasing program (in this subsection referred to as the `HHA VBP Program') under which value-based incentive payments are made in a year to home health agencies. ``(B) Program to begin in 2019.--The HHA VBP Program shall apply to payments for episodes of home health services beginning on or after January 1, 2019. ``(2) Application of measures.---- ``(A) In general.--Subject to subparagraph (B), the Secretary shall apply the measure specified under subsection (f)(2) for purposes of the HHA VBP Program. ``(B) Replacement.--If the Secretary determines that the application of such measure is not practicable and should be delayed and the Secretary notifies the Committee on Finance of the Senate and the Committees on Ways and Means and Energy and Commerce of the House of Representatives of the reasons for such delay in advance of implementing such delay, the Secretary may delay the application of such measure for a period of up to 1 year. For the period of any such delay, the measure specified under subsection (f)(1) shall apply for purposes of the HHA VBP Program instead of the measure specified under subsection (f)(2). ``(3) Performance standards.-- ``(A) Establishment.--The Secretary shall establish performance standards with respect to the measure applied under paragraph (2) for a performance period for a year. ``(B) Higher of achievement and improvement.--The performance standards established under subparagraph (A) shall include levels of achievement and improvement. In calculating the HHA performance score under paragraph (4), the Secretary shall use the higher of either improvement or achievement. ``(C) Timing.--The Secretary shall establish and announce the performance standards established under subparagraph (A) not later than 60 days before the beginning of the performance period for the year involved. ``(4) HHA performance score.-- ``(A) In general.--The Secretary shall develop by regulation a methodology for assessing the total performance of each home health agency based on performance standards established under paragraph (3) with respect to the measure applied under paragraph (2). Using such methodology, the Secretary shall provide for an assessment (in this subsection referred to as the `HHA performance score') for each home health agency for each such performance period. ``(B) Ranking of hha performance scores.--The Secretary shall, for the performance period for each year, rank the HHA performance scores determined under subparagraph (A) from low to high. ``(5) Budget neutral withholding.--The Secretary shall withhold from the payment rates made for each year (during the period beginning with 2019 and ending with 2024) for home health services under this section such withholding percentage as is necessary so that the enactment of the Securing Access Via Excellence for Medicare Home Health Act of 2014 is estimated not to result in any net change in payments made for such services under this title. ``(6) Value-based incentive payment percentage.--The Secretary shall provide for a distribution of a portion of the amounts withheld under paragraph (5) for performance payments to home health agencies in a manner so as to ensure that-- ``(A) the distribution (expressed as a percentage of such withheld amounts) is based on each agency's HHA performance ranking under paragraph (4)(B) for the performance period for the year involved; ``(B) the application of all such percentages in such year results in an appropriate distribution of value-based incentive payments under this subsection such that-- ``(i) home health agencies with the highest rankings under paragraph (4)(B) receive the highest value-based incentive payment amounts under this subsection; ``(ii) home health agencies with the lowest rankings under paragraph (4)(B) receive the lowest value-based incentive payment amounts under this subsection; and ``(iii) in the case of home health agencies in the lowest 40 percent of the ranking under paragraph (4)(B), the payment rate under this subsection for services furnished by such facility during such year shall be less than the payment rate for such services for such year that would otherwise apply without application of this subsection; and ``(C) the total amount of value-based incentive payments under this subsection for all home health agencies in such year shall be greater than or equal to 50 percent, but not greater than 70 percent, of the total amount of the payments withheld for such year under paragraph (5), as estimated by the Secretary. ``(7) Announcement of result of adjustments.--Under the HHA VBP program, the Secretary shall, not later than 60 days before a year involved, inform each home health agency of the adjustments to payments to the agency for services furnished by the agency during the year under this subsection. ``(8) No effect in subsequent year.--The value-based payment adjustments under this subsection shall only apply with respect to the year involved, and the Secretary shall not take into account such adjustment in making payments to a home health agency under this section in a subsequent year. ``(9) Funding for program management.--The Secretary shall provide for the one-time transfer from the Federal Supplementary Medical Insurance Trust Fund established under section 1841 to the Centers for Medicare & Medicaid Services Program Management Account of-- ``(A) $2,000,000 for purposes of subsection (f); and ``(B) $10,000,000 for purposes of implementing this subsection. Such funds shall remain available until expended.''. (c) MedPAC Study.--Not later than June 30, 2021, the Medicare Payment Advisory Commission shall submit to Congress a report that reviews the progress of the home health value-based purchasing program established under section 1895(g) of the Social Security Act, as added by subsection (b), and makes recommendations, as appropriate, on any improvements that should be made to such program. For purposes of the previous sentence, the Medicare Payment Advisory Commission shall consider any unintended consequences with respect to such home health agency value-based purchasing program and any potential adjustments to the readmission measure specified under section 1895(f) of such Act, as added by subsection (a), for purposes of determining the effect of the socio-economic status of a beneficiary under the Medicare program under title XVIII of the Social Security Act on the performance score of a home health agency provided under section 1895(g)(4) of such Act, as added by subsection (b).

Securing Access Via Excellence for Medicare Home Health Act of 2014 or the SAVE Medicare Home Health Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the prospective payment system (PPS) for home health services, to repeal the rebasing reduction adjustment for 2014 and subsequent years required by the Patient Protection and Affordable Care Act (PPACA). Establishes a calendar year 2014 payment adjustment under such PPS. Directs the Secretary of Health and Human Services (HHS) to conduct a detailed analysis of the rebasing reduction in Medicare payments for home health services promulgated under the rule for home health prospective payment system rate update for calendar year 2014. Directs the Secretary to specify a home health all-cause all-condition hospital unplanned readmission measure for readmissions (for any cause) to a hospital for an individual entitled to benefits under Medicare part A (Hospital Insurance) (or enrolled under Medicare part B [Supplementary Medicare Insurance]) and who is receiving post-hospital home health services. Requires this measure to be risk adjusted for potentially preventable readmission to a hospital for such an individual. Directs the Secretary of Health and Human Services (HHS) to establish: (1) a Medicare home health agency value-based purchasing program (HHA VBP) under which value-based incentive payments are made in a year to home health agencies, and (2) performance standards for application of the unplanned readmission measure. Directs the Secretary to develop by regulation a methodology for assessing the total performance of each home health agency based on these performance standards. Directs the Secretary to: (1) withhold from the payment rates made for each year for home health services the amount necessary so that enactment of this Act is estimated not to result in any net change in payments made for Medicare services, and (2) provide for a distribution of a portion of those withheld amounts for performance payments to home health agencies. Directs the Medicare Payment Advisory Commission (MEDPAC) to review the progress of the HHA VBP and make appropriate recommendations on any improvements that should be made to the program.

SAVE Medicare Home Health Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Capital for Entrepreneurs Act of 2006''. SEC. 2. EQUITY INVESTMENT IN SMALL BUSINESS TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45N. EQUITY INVESTMENT IN SMALL BUSINESS TAX CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of a qualified investor, the equity investment in small business tax credit determined under this section for the taxable year is an amount equal to 25 percent of the amount of each qualified equity investment made by the qualified investor during the taxable year. ``(b) Credit Amount.--For purposes of determining the small business tax credit under subsection (a)-- ``(1) Limitation per qualified investor.--The amount of qualified equity investments made by the qualified investor during the taxable year shall not exceed $500,000. ``(2) Limitation per qualified small business.--The amount of qualified equity investments made by the qualified investor in a qualified small business during the taxable year shall not exceed $250,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified investor.--The term `qualified investor' means-- ``(A) an individual who qualifies as an accredited investor under rules and regulations prescribed by the Commissioner of the Securities and Exchange Commission, or ``(B) a partnership with respect to which all of the partners are individuals who qualify as accredited investors under rules and regulations prescribed by the Commissioner of the Securities and Exchange Commission. ``(2) Qualified equity investment.--The term `qualified equity investment' means the transfer of cash or cash equivalents in exchange for stock or capital interest in a qualified small business. ``(3) Qualified small business.--The term `qualified small business' means a private small business concern (within the meaning of section 3 of the Small Business Act)-- ``(A) that meets the applicable size standard (as in effect on January 1, 2005) established by the Administrator of the Small Business Administration pursuant to subsection (a)(2) of such section, and ``(B) has its principal place of business in the United States. For purposes of this section, all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 qualified small business. ``(d) Active Business Requirement.-- ``(1) In general.--Holding stock in a qualified small business shall not be treated as a qualified equity investment unless, during substantially all of the qualified investor's holding period for such stock, such qualified small business meets the active business requirements of paragraph (2). ``(2) Requirements.-- ``(A) In general.--For purposes of paragraph (1), the requirements of this paragraph are met by a qualified small business for any period if during such period at least 80 percent (by value) of the assets of such qualified small business are used by such qualified small business in the active conduct of 1 or more qualified trades or businesses. ``(B) Special rule for certain activities.--For purposes of subparagraph (A), if, in connection with any future qualified trade or business, a qualified small business is engaged in-- ``(i) start-up activities described in section 195(c)(1)(A), ``(ii) activities resulting in the payment or incurring of expenditures which may be treated as research and experimental expenditures under section 174, or ``(iii) activities with respect to in-house research expenses described in section 41(b)(4), assets used in such activities shall be treated as used in the active conduct of a qualified trade or business. Any determination under this subparagraph shall be made without regard to whether a qualified small business has any gross income from such activities at the time of the determination. ``(C) Qualified trade or business.--For purposes of this paragraph, the term `qualified trade or business' is as defined in section 1202(e)(3). ``(D) Stock in other entities.-- ``(i) Look-thru in case of subsidiaries.-- For purposes of this subsection, stock and debt in any subsidiary entity shall be disregarded and the parent qualified small business shall be deemed to own its ratable share of the subsidiary's assets, and to conduct its ratable share of the subsidiary's activities. ``(ii) Portfolio stock or securities.--A qualified small business shall be treated as failing to meet the requirements of subparagraph (A) for any period during which more than 10 percent of the value of its assets (in excess of liabilities) consists of stock or securities in other entities which are not subsidiaries of such qualified small business other than assets described in subparagraph (E)). ``(iii) Subsidiary.--For purposes of this subparagraph, an entity shall be considered a subsidiary if the parent owns more than 50 percent of the combined voting power of all classes of stock entitled to vote, or more than 50 percent in value of all outstanding stock, of such entity. ``(E) Working capital.--For purposes of subparagraph (A), any assets which-- ``(i) are held as a part of the reasonably required working capital needs of a qualified trade or business of the qualified small business, or ``(ii) are held for investment and are reasonably expected to be used within 2 years to finance research and experimentation in a qualified trade or business or increases in working capital needs of a qualified trade or business, shall be treated as used in the active conduct of a qualified trade or business. For periods after the qualified small business has been in existence for at least 2 years, in no event may more than 50 percent of the assets of the qualified small business qualify as used in the active conduct of a qualified trade or business by reason of this subparagraph. ``(F) Maximum real estate holdings.--A qualified small business shall not be treated as meeting the requirements of subparagraph (A) for any period during which more than 10 percent of the total value of its assets consists of real property which is not used in the active conduct of a qualified trade or business. For purposes of the preceding sentence, the ownership of, dealing in, or renting of real property shall not be treated as the active conduct of a qualified trade or business. ``(G) Computer software royalties.--For purposes of subparagraph (A), rights to computer software which produces active business computer software royalties (within the meaning of section 543(d)(1)) shall be treated as an asset used in the active conduct of a trade or business. ``(e) Certain Purchases by Qualified Investor of Its Own Stock.-- ``(1) Redemptions from qualified investor or related person.--Stock acquired by the qualified investor shall not be treated as a qualified equity investment if, at any time during the 4-year period beginning on the date 2 years before the issuance of such stock, the qualified small business issuing such stock purchased (directly or indirectly) any of its stock from the qualified investor or from a person related (within the meaning of section 267(b) or 707(b)) to the qualified investor. ``(2) Significant redemptions.--Stock issued by a qualified small business to a qualified investor shall not be treated as a qualified equity investment if, during the 2-year period beginning on the date 1 year before the issuance of such stock, such qualified small business made 1 or more purchases of its stock with an aggregate value (as of the time of the respective purchases) exceeding 5 percent of the aggregate value of all of its stock as of the beginning of such 2-year period. ``(3) Treatment of certain transactions.--If any transaction is treated under section 304(a) as a distribution in redemption of the stock of any qualified small business, for purposes of subparagraphs (A) and (B), such qualified small business shall be treated as purchasing an amount of its stock equal to the amount treated as such a distribution under section 304(a). ``(f) Special Rule for Related Parties.-- ``(1) In general.--No credit shall be allowed under subsection (a) with respect to a qualified equity investment made by a qualified investor in a qualified small business that is a related party to the qualified investor. ``(2) Related party.--For purposes of paragraph (1), a person is a related party with respect to another person if such person bears a relationship to such other person described in section 267(b) or 707(b), or if such persons are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). ``(g) Recapture of Credit in Certain Cases.-- ``(1) In general.--If, at any time during the 3-year period beginning on the date that the qualified equity investment is made by the qualified investor, there is a recapture event with respect to such investment, then the tax imposed by this chapter for the taxable year in which such event occurs shall be increased by the credit recapture amount. ``(2) Credit recapture amount.--For purposes of paragraph (1), the credit recapture amount is an amount equal to the sum of-- ``(A) the aggregate decrease in the credits allowed to the taxpayer under section 38 for all prior taxable years which would have resulted if no credit had been determined under this section with respect to such investment, plus ``(B) interest at the underpayment rate established under section 6621 on the amount determined under subparagraph (A) for each prior taxable year for the period beginning on the due date for filing the return for the prior taxable year involved. No deduction shall be allowed under this chapter for interest described in subparagraph (B). ``(3) Recapture event.--For purposes of paragraph (1), there is a recapture event with respect to a qualified equity investment if such investment is sold, transferred, or exchanged by the qualified investor, but only to the extent that such sale, transfer, or exchange is not the direct result of a complete or partial liquidation of the qualified small business in which such qualified equity investment is made. ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. ``(h) Basis Reduction.--The basis of any qualified equity investment shall be reduced by the amount of any credit determined under this section with respect to such investment. ``(i) Regulations.-- ``(1) In general.--The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. ``(2) Certification of qualified equity investment.--Such regulations shall require that a qualified investor-- ``(A) certify that the small business in which the equity investment is made meets the requirements described in subsection (c)(3), and ``(B) include the name, address, and taxpayer identification number of such small business on the return claiming the credit under subsection (a). ``(j) Termination.--This section shall not apply to qualified equity investments made in taxable years beginning after December 31, 2011.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (29), by striking the period at the end of paragraph (30) and inserting ``, and'', and by adding at the end the following new paragraph: ``(31) in the case of a taxpayer, the equity investment in small business tax credit determined under section 45N(a).''. (c) Clerical Amendment.--The table of sections for subpart D 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 item: ``Sec. 45N. Equity investment in small business tax credit.''. (d) Effective Date.--The amendments made by this section shall apply to qualified equity investments made after December 31, 2006, in taxable years beginning after such date.

Access to Capital for Entrepreneurs Act of 2006 - Amends the Internal Revenue Code to allow certain investors a business tax credit for 25% of equity investments made in small businesses, up to an annual limit of $500,000. Terminates such credit after 2011.

A bill to amend the Internal Revenue Code of 1986 to allow a credit against income tax for qualified equity investments in certain small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dietary Supplement Fairness in Labeling and Advertising Act''. SEC. 2. LABELING OF DIETARY SUPPLEMENTS. (a) Sense of Congress.--It is the sense of Congress that the proposed rule entitled ``Regulations on Statements Made for Dietary Supplements Concerning the Effect of the Product on the Structure or Functions of the Body'', published in the Federal Register on April 29, 1998, 63 Fed. Reg. 23624 (to be codified at part 101 of title 21, Code of Federal Regulations) would improperly restrict use of appropriate labeling claims about the effect of a dietary supplement or dietary ingredient on the structure or function of the human body. (b) Effect of Regulations.--The proposed rule described in subsection (a) shall not take effect. (c) Dietary Supplement Labeling Exemptions.--Section 403B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-2) is amended by adding at the end the following: ``(d) Exemption From Regulation as Labeling.--A truthful and accurate summary of 1 or more of the findings of a study or article that has appeared in a peer-reviewed medical, nutritional, or other scientific publication, or in a bona fide medical, nutritional, or other scientific textbook, shall not be subject to regulation as labeling under this Act when used in connection with the sale of a dietary supplement to consumers, even if the summary is included in written, printed, or graphic matter that accompanies the dietary supplement.''. SEC. 3. ADVERTISING OF DIETARY SUPPLEMENTS. Section 5 of the Federal Trade Commission Act (15 U.S.C. 45) is amended by adding at the end the following: ``(o) Advertising of Dietary Supplements and Dietary Ingredients.-- ``(1) Definitions.--In this subsection: ``(A) Dietary supplement.--The term `dietary supplement' has the meaning given that term by section 201(ff) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)). ``(B) Dietary ingredient.--The term `dietary ingredient' means an ingredient listed in section 201(ff)(1) (A) through (F) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)(1) (A) through (F)) that is included in, or that is intended to be included in, a dietary supplement. ``(2) Exemptions from regulation as advertising.-- ``(A) Labeling.--Insofar as a publication is exempt from regulation as labeling pursuant to section 403B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-2) the publication is also exempt from regulation as advertising under the Federal Trade Commission Act. ``(B) Truthful and accurate summary.--A truthful and accurate summary of 1 or more of the findings of a cited study or article that has appeared in a peer- reviewed medical, nutritional, or other scientific publication, or in a bona fide medical, nutritional, or other scientific textbook, when used in promotion for a dietary supplement or dietary ingredient, shall not be subject to regulation as advertising under the Federal Trade Commission Act. ``(3) Advertiser access to government scientific experts before a regulatory action is initiated.--Before the Commission files any complaint that initiates any administrative or judicial proceeding alleging that an advertisement or advertiser is not in compliance with the Federal Trade Commission Act with respect to any advertising for a dietary supplement or dietary ingredient, or for medical services or health treatments, the Commission shall ensure that the advertiser first-- ``(A) has been provided a full and fair opportunity to consult directly with all of the individuals whom the Commission or Commission staff have relied upon or intend to rely upon as nutritional, medical, or other scientific experts with respect to the particular allegations; and ``(B) has been provided a reasonable time thereafter to communicate with the Commission staff and the Commission with respect to the merits of the experts' views. ``(4) Reliance upon scientific data other than conclusive human clinical studies.--It is not inherently or presumptively deceptive, unfair, lacking in substantiation, or otherwise improper for advertising about a dietary supplement or dietary ingredient, or about medical services or health treatments, to describe, mention, or rely upon in vitro laboratory studies, animal feeding studies, human epidemiological studies, human clinical studies that are of a preliminary nature and do not provide a conclusive finding, meta-analyses, review articles, or other bona fide medical, nutritional, or other scientific texts if the advertising is truthful, not misleading, and reveals the nature of the study or other information. ``(5) Consent agreements.--In any case in which the Commission enters into a consent agreement concerning advertising about a dietary supplement or dietary ingredient, or about medical services or health treatments, the agreement shall apply only to the particular dietary supplements/ ingredients and particular health-related conditions, or to the particular medical services or health treatments, or to other particular matters, that are subjects of the complaint.''.

Amends the Federal Food, Drug, and Cosmetic Act to prohibit a truthful and accurate summary of one or more findings of a study or article appearing in a scientific or medical publication or textbook from being subject to regulation as labeling under such Act when used in connection with the sale of a dietary supplement. States that, insofar as such a publication is exempt from regulation as labeling under such Act, such publication is also exempt from regulation as advertising under the Federal Trade Commission Act (FTCA). Requires the Federal Trade Commission, before it files a complaint alleging that an advertisement or advertiser is not in compliance with FTCA advertising regulations for a dietary supplement or ingredient or for medical services or health treatments, to ensure that such advertiser has been provided: (1) access to individuals whom the Commission has relied upon as experts; and (2) an opportunity to communicate with the Commission on the merits of the experts' views. States that it is not inherently deceptive or unfair for advertising about a dietary supplement or ingredient, or medical services or health treatments, to describe, mention, or rely upon scientific data other than conclusive human clinical studies if such advertising is truthful, not misleading, and reveals the nature of the study or other information. Limits consent agreement application to the particular supplement, ingredient, service, or treatment that is the subject of such agreement.

Dietary Supplement Fairness in Labeling and Advertising Act

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Tax Relief Extension Act of 2003''. (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. TITLE I--EXTENSIONS OF CERTAIN EXPIRING PROVISIONS SEC. 101. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH BENEFITS. (a) In General.--Paragraph (2) of section 9812(f) is amended by striking ``December 31, 2003'' and inserting ``June 30, 2004''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on January 1, 2004. SEC. 102. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES. (a) In General.--Subparagraphs (A), (B), and (C) of section 45(c)(3) are each amended by striking ``January 1, 2004'' and inserting ``July 1, 2004''. (b) Effective Date.--The amendments made by subsection (a) shall apply to facilities placed in service after December 31, 2003. SEC. 103. WORK OPPORTUNITY CREDIT. (a) In General.--Subparagraph (B) of section 51(c)(4) is amended by striking ``December 31, 2003'' and inserting ``June 30, 2004''. (b) Effective Date.--The amendment made by subsection (a) shall apply to individuals who begin work for the employer after December 31, 2003. SEC. 104. WELFARE-TO-WORK CREDIT. (a) In General.--Subsection (f) of section 51A is amended by striking ``December 31, 2003'' and inserting ``June 30, 2004''. (b) Effective Date.--The amendment made by subsection (a) shall apply to individuals who begin work for the employer after December 31, 2003. SEC. 105. TAXABLE INCOME LIMIT ON PERCENTAGE DEPLETION FOR OIL AND NATURAL GAS PRODUCED FROM MARGINAL PROPERTIES. (a) In General.--Subparagraph (H) of section 613A(c)(6) is amended-- (1) by striking ``January 1, 2004'' and inserting ``July 1, 2004'', and (2) by adding at the end the following new sentence: ``In the case of any taxable year beginning after December 31, 2003, which includes June 30, 2004, any increase in the allowance for depletion by reason of this subparagraph shall be equal to the amount which bears the same ratio to the increase in such allowance determined without regard to this sentence as the number of days in the taxable year before July 1, 2004, bears to the total number of days in such taxable year.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2003. SEC. 106. QUALIFIED ZONE ACADEMY BONDS. (a) In General.--Paragraph (1) of section 1397E(e) is amended by inserting ``$200,000,000 for the period beginning after December 31, 2003, and before July 1, 2004,'' after ``2003,''. (b) Effective Date.--The amendment made by subsection (a) shall apply to obligations issued after December 31, 2003. SEC. 107. COVER OVER OF TAX ON DISTILLED SPIRITS. (a) In General.--Paragraph (1) of section 7652(f) is amended by striking ``January 1, 2004'' and inserting ``July 1, 2004''. (b) Effective Date.--The amendment made by subsection (a) shall apply to articles brought into the United States after December 31, 2003. SEC. 108. DEDUCTION FOR CORPORATE DONATIONS OF COMPUTER TECHNOLOGY. (a) Extension of Deduction.--Section 170(e)(6)(G) (relating to termination) is amended by striking ``contribution made during any taxable year beginning after December 31, 2003'' and inserting ``contribution made after June 30, 2004''. (b) Effective Date.--The amendment made by subsection (a) shall apply to contributions made after December 31, 2003. SEC. 109. CREDIT FOR QUALIFIED ELECTRIC VEHICLES. (a) In General.--Section 30 is amended-- (1) in subsection (b)(2)-- (A) by striking ``December 31, 2003,'' and inserting ``June 30, 2004,'', (B) in subparagraph (A), by striking ``calendar year 2004'' and inserting ``after June 30, 2004, and before July 1, 2005'', (C) in subparagraph (B), by striking ``calendar year 2005'' and inserting ``after June 30, 2005, and before July 1, 2006'', and (D) in subparagraph (C), by striking ``calendar year 2006'' and inserting ``after June 30, 2006, and before July 1, 2007'', and (2) in subsection (e), by striking ``December 31, 2006'' and inserting ``June 30, 2007''. (b) Conforming Amendment.--Clause (iii) of section 280F(a)(1)(C) is amended by striking ``January 1, 2007'' and inserting ``July 1, 2007''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2003. SEC. 110. DEDUCTION FOR CLEAN-FUEL VEHICLES AND CERTAIN REFUELING PROPERTY. (a) In General.--Section 179A is amended-- (1) in subsection (b)(1)(B)-- (A) by striking ``December 31, 2003,'' and inserting ``June 30, 2004,'', (B) in clause (i), by striking ``calendar year 2004'' and inserting ``after June 30, 2004, and before July 1, 2005'', (C) in clause (ii), by striking ``calendar year 2005'' and inserting ``after June 30, 2005, and before July 1, 2006'', and (D) in clause (iii), by striking ``calendar year 2006'' and inserting ``after June 30, 2006, and before July 1, 2007'', and (2) in subsection (f), by striking ``December 31, 2006'' and inserting ``June 30, 2007''. (b) Effective Date.--The amendments made by subsection (a) shall apply to property placed in service after December 31, 2003. SEC. 111. DEDUCTION FOR CERTAIN EXPENSES OF SCHOOL TEACHERS. (a) In General.--Subparagraph (D) of section 62(a)(2) is amended-- (1) by inserting ``and the period beginning after December 31, 2003, and before July 1, 2004,'' after ``2003,'', and (2) by inserting ``for each taxable year or $125 for such period'' after ``$250''. (b) Effective Date.--The amendments made by subsection (a) shall apply to expenses paid or incurred after December 31, 2003. SEC. 112. AVAILABILITY OF MEDICAL SAVINGS ACCOUNTS. (a) In General.--Paragraphs (2) and (3)(B) of section 220(i) (defining cut-off year) are each amended by striking ``2003'' each place it appears and inserting ``2004''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 220(j) is amended by striking ``1998, 1999, 2001, or 2002'' each place it appears and inserting ``1998, 1999, 2001, 2002, or 2003''. (2) Subparagraph (A) of section 220(j)(4) is amended by striking ``and 2002'' and inserting ``2002, and 2003''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2004. SEC. 113. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS. (a) Extension of Termination Date.--Subsection (h) of section 198 is amended by striking ``December 31, 2003'' and inserting ``June 30, 2004''. (b) Effective Date.--The amendment made by subsection (a) shall apply to expenditures paid or incurred after December 31, 2003. SEC. 114. EXPANSION OF WOTC TO NEW YORK LIBERTY ZONE. (a) In General.--Subclause (I) of section 1400L(a)(2)(D)(iv) is amended by inserting ``or the period beginning after December 31, 2003, and before July 1, 2004'' after ``2003''. (b) Conforming Amendment.--Subclause (II) of section 1400L(a)(2)(D)(iv) is amended by inserting ``or period described in subclause (I)'' after ``year''. (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2003. SEC. 115. TEMPORARY SPECIAL RULES FOR TAXATION OF LIFE INSURANCE COMPANIES. (a) In General.--Subsection (j) of section 809 is amended by striking ``or 2003'' and inserting ``2003, or 2004''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2003. SEC. 116. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF COLUMBIA. (a) Designation of Zone.--Subsection (f) of section 1400 is amended by striking ``December 31, 2003'' both places it appears and inserting ``June 30, 2004''. (b) Tax-Exempt Economic Development Bonds.--Subsection (b) of section 1400A is amended by striking ``December 31, 2003'' and inserting ``June 30, 2004''. (c) Zero Percent Capital Gains Rate.-- (1) In general.--Subsection (b) of section 1400B is amended by striking ``January 1, 2004'' each place it appears and inserting ``July 1, 2004''. (2) Conforming amendments.-- (A) Section 1400B(e)(2) is amended-- (i) by striking ``December 31, 2008'' and inserting ``June 30, 2009'', and (ii) by striking ``2008'' in the heading and inserting ``june 2009''. (B) Section 1400B(g)(2) is amended by striking ``December 31, 2008'' and inserting ``June 30, 2009''. (C) Section 1400F(d) is amended by striking ``December 31, 2008'' and inserting ``June 30, 2009''. (d) First-Time Homebuyer Credit.--Subsection (i) of section 1400C is amended by striking ``January 1, 2004'' and inserting ``July 1, 2004''. (e) Effective Date.--The amendments made by this section shall take effect on January 1, 2004. SEC. 117. COMBINED EMPLOYMENT TAX REPORTING PROGRAM. (a) In General.--Paragraph (1) of section 976(b) of the Taxpayer Relief Act of 1997 is amended by striking ``for a period ending with the date which is 5 years after the date of the enactment of this Act'' and inserting ``during the period ending before July 1, 2004''. (b) Effective Date.--The amendment made by subsection (a) shall apply to disclosures on or after the date of the enactment of this Act. TITLE II--REVENUE PROVISIONS SEC. 201. ADDITION OF VACCINES AGAINST HEPATITIS A TO LIST OF TAXABLE VACCINES. (a) In General.--Section 4132(a)(1) (defining taxable vaccine) is amended by redesignating subparagraphs (I), (J), (K), and (L) as subparagraphs (J), (K), (L), and (M), respectively, and by inserting after subparagraph (H) the following new subparagraph: ``(I) Any vaccine against hepatitis A.''. (b) Conforming Amendment.--Section 9510(c)(1)(A) is amended by striking ``October 18, 2000'' and inserting ``the date of the enactment of the Tax Relief Extension Act of 2003''. (c) Effective Date.-- (1) Sales, etc.--The amendments made by this section shall apply to sales and uses on or after the first day of the first month which begins more than 4 weeks after the date of the enactment of this Act. (2) Deliveries.--For purposes of paragraph (1) and section 4131 of the Internal Revenue Code of 1986, in the case of sales on or before the effective date described in such paragraph for which delivery is made after such date, the delivery date shall be considered the sale date. SEC. 202. ADDITION OF VACCINES AGAINST INFLUENZA TO LIST OF TAXABLE VACCINES. (a) In General.--Section 4132(a)(1) (defining taxable vaccine), as amended by this Act, is amended by adding at the end the following new subparagraph: ``(N) Any trivalent vaccine against influenza.''. (b) Effective Date.-- (1) Sales, etc.--The amendment made by this section shall apply to sales and uses on or after the later of-- (A) the first day of the first month which begins more than 4 weeks after the date of the enactment of this Act, or (B) the date on which the Secretary of Health and Human Services lists any vaccine against influenza for purposes of compensation for any vaccine-related injury or death through the Vaccine Injury Compensation Trust Fund. (2) Deliveries.--For purposes of paragraph (1) and section 4131 of the Internal Revenue Code of 1986, in the case of sales on or before the effective date described in such paragraph for which delivery is made after such date, the delivery date shall be considered the sale date. SEC. 203. EXTENSION OF TRANSFERS OF EXCESS PENSION ASSETS TO RETIREE HEALTH ACCOUNTS. (a) Amendment of Internal Revenue Code of 1986.--Paragraph (5) of section 420(b) (relating to expiration) is amended by striking ``December 31, 2005'' and inserting ``December 31, 2013''. (b) Amendments of ERISA.-- (1) Section 101(e)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021(e)(3)) is amended by striking ``Tax Relief Extension Act of 1999'' and inserting ``Tax Relief Extension Act of 2003''. (2) Section 403(c)(1) of such Act (29 U.S.C. 1103(c)(1)) is amended by striking ``Tax Relief Extension Act of 1999'' and inserting ``Tax Relief Extension Act of 2003''. (3) Paragraph (13) of section 408(b) of such Act (29 U.S.C. 1108(b)(3)) is amended-- (A) by striking ``January 1, 2006'' and inserting ``January 1, 2014'', and (B) by striking ``Tax Relief Extension Act of 1999'' and inserting ``Tax Relief Extension Act of 2003''. SEC. 204. EXTENSION OF IRS USER FEES. (a) In General.--Section 7528(c) (relating to termination) is amended by striking ``December 31, 2004'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to requests after the date of the enactment of this Act.

Tax Relief Extension Act of 2003 - Amends the Internal Revenue Code to extend provisions concerning: (1) parity in the application of certain limits to mental health benefits; (2) the credit for electricity produced from certain renewable resources; (3) the work opportunity credit; (4) the welfare-to-work credit; (5) the taxable income limit on percentage depletion for oil and natural gas produced from marginal properties; (6) qualified zone academy bonds; (7) the cover over tax on distilled spirits; (8) the deduction for corporate donations of computer technology; (9) the credit for qualified electric vehicles; (10) the deduction for clean-fuel vehicles and certain refueling property; (11) the deduction for certain expenses of school teachers; (12) the availability of medical savings accounts; (13) the expensing of environmental remediation costs; (14) the expansion of the work opportunity tax credit to the New York Liberty Zone; (15) the temporary special rules for taxation of life insurance companies; (16) certain tax incentives for investment in the District of Columbia; (17) the combined employment tax reporting program; (18) transfers of excess pension assets to retiree health accounts; and (19) IRS user fees. Adds to the definition of taxable vaccines any vaccine against hepatitis A and any trivalent vaccine against influenza.

A bill to provide extensions for certain expiring provisions of the Internal Revenue Code of 1986, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Needs Assessment and Program Evaluation Act of 1999''. SEC. 2. FINDINGS, PURPOSES. (a) Findings.--The Congress finds that-- (1) the United States and the Indian tribes have a unique legal and political government-to-government relationship; (2) pursuant to the Constitution, treaties, statutes, Executive order, court decisions, and course of conduct, the United States has a trust obligation to provide certain services to Indian tribes and to Indians; (3) Federal agencies charged with administering programs and providing services to or for the benefit of Indians have not furnished Congress with adequate information necessary to assess such program on the needs of Indians and Indian tribes; (4) such lack of information has hampered the ability of the Congress to determine the nature, type, and magnitude of such needs as well as its ability to respond to them; and (5) Congress cannot properly fulfill its obligation to Indian tribes and Indian people unless and until it has an adequate store of information related to the needs of Indians nationwide. (b) Purposes.--The purposes of this Act are to-- (1) ensure that Indian needs for Federal programs and services are known in a more certain and predictable fashion; (2) require that Federal agencies and departments carefully review and monitor the effectiveness of the programs and services provided to Indians; (3) provide for more efficient and effective cooperation and coordination of, and accountability from, the agencies and departments providing programs and services, including technical and business development assistance, to Indians; and (4) provide Congress with reliable information regarding both Indian needs and the evaluation of Federal programs and services provided to Indians nationwide. SEC. 3. INDIAN TRIBAL NEEDS ASSESSMENT. (a) Indian Tribal Needs Assessments.--In general-- (1) Within 180 days after the enactment of this Act, the Secretary, in consultation and coordination with the Departments of Agriculture, Commerce, Defense, Energy, Labor, Justice, Treasury, Transportation, and Veterans Affairs, the Environmental Protection Agency, other relevant agencies, offices, and departments, shall develop a uniform method, criteria, and procedures for determining, analyzing, and compiling the program and service assistance needs of Indian tribes and Indians nationwide. The needs assessment shall address, but not be limited to, the following: (A) The total population of the tribe(s), and the population of tribal members located in the service area, where applicable. (B) The size of the service area. (C) The location of the service area. (D) The availability of similar programs within the geographical area to tribes or tribal members. (E) Socio-economic conditions that exist within the service area. (2) The Secretary shall consult with tribal governments in establishing and conducting the needs assessment mandated by this Act. (3) Within 1 year of the enactment of this Act, and every five (5) years thereafter, each Federal agency or department, in coordination with the Secretary, shall conduct an Indian Needs Assessment (``INA'') aimed at determining the actual needs of Indian tribes and Indians eligible for programs and services administered by such agency or department. (4) The Indian Needs Assessment developed pursuant to subsection (c)(3) above shall be filed with the Committees on Appropriations and Indian Affairs of the Senate, and the Committees on Appropriations and Resources of the House of Representatives on February 1 of each year in which it is to be submitted. (b) Federal Agency Indian Tribal Program Evaluation. (1) Within 180 days of enactment of this Act, the Secretary shall develop a uniform method, criteria, and procedures for compiling, maintaining, keeping current and reporting to Congress all information concerning-- (A) the agency or department annual expenditure for programs and services for which Indians are eligible, with specific information regarding the names of tribes who are currently participating in or receiving each service, the names of tribes who have applied for and not received programs or services, and the names of tribes whose services or programs have been terminated within the last fiscal year; (B) services or programs specifically for the benefit of Indians, with specific information regarding the names of tribes who are currently participating in or receiving each service, the names of tribes who have applied for and not received programs or services, and the names of tribes whose services or programs have been terminated within the last fiscal year; and (C) the agency or department method of delivery of such services and funding, including a detailed explanation of the outreach efforts of each agency or department to Indian tribes. (2) Within 1 year of the enactment of this Act, and annually thereafter, each Federal agency or department responsible for providing services or programs to or for the benefit of Indian tribes or Indians shall file an Annual Indian Program Evaluation (``AIPE'') with the Committees on Appropriations and Indian Affairs of the Senate, and the Committees on Appropriations and Resources of the House of Representatives. (c) Annual Listing of Tribal Eligible Programs.--On or before February 1 of each calendar year, those Federal agencies or departments mentioned in subsection (b)(2) above, shall develop and publish in the Federal Register a list of all programs and services offered by such agency or department for which Indian tribes or their members are or may be eligible, and shall provide a brief explanation of the program or service. SEC. 4. REPORT TO CONGRESS. (a) In General.--The Secretary shall, within 1 year of the enactment of this Act, develop and submit to the Committees on Appropriations and Indian Affairs of the Senate, and the Committees on Appropriations and Resources of the House of Representatives a report detailing the coordination of Federal program and service assistance for which Indian tribes and their members are eligible. (b) Strategic Plan.--The Secretary shall, within 18 months after the enactment of this Act, and after consultation and coordination with the Indian tribes, file a Strategic Plan for the Coordination of Federal Assistance for Indians. (c) Contents of Strategic Plan.--The Plan required under this Act shall contain: (1) Identification of reforms necessary to the laws, regulations, policies, procedures, practices, and systems of the agencies involved; (2) proposals for remedying the reforms identified in the Plan; and (3) other recommendations consistent with the purposes of the Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Beginning in fiscal year 2001 and for each fiscal year thereafter, there are authorized to be appropriated such sums as are necessary to carry out this Act.

Indian Needs Assessment and Program Evaluation Act of 1999 - Directs the Secretary of the Interior to develop a uniform method, criteria, and procedures for determining, analyzing, and compiling the program and service assistance needs of Indian tribes and Indians nationwide. Requires Federal agencies to conduct Indian Needs Assessments aimed at determining the actual needs of tribes and Indians eligible for programs and services administered by such agencies. Directs the Secretary to develop a uniform method, criteria, and procedures for compiling, maintaining, keeping current, and reporting to Congress all information concerning: (1) agency annual expenditures for programs and services for which Indians are eligible; (2) services or programs specifically for the benefit of Indians; and (3) agency methods of delivery of services and funding. Requires Federal agencies responsible for providing services or programs to or for the benefit of tribes or Indians to: (1) file Annual Indian Program Evaluations with specified congressional committees; and (2) publish annual listings in the Federal Register of all agency programs and services for which Indian tribes may be eligible. Directs the Secretary to: (1) report to specified congressional committees on the coordination of Federal program and service assistance for which tribes are eligible; and (2) file a Strategic Plan for the Coordination of Federal Assistance for Indians. Authorizes appropriations.

Indian Needs Assessment and Program Evaluation Act of 1999

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Expanding Patients' Access to Quality Care Act of 2013''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Modification of Stark requirements for certain hospitals that were under construction or development as of December 30, 2010. Sec. 3. Modifying Stark requirements for applicable hospitals to qualify for expansion of facility capacity. Sec. 4. Additional exception for physician ownership and investment for hospitals in financial distress. SEC. 2. MODIFICATION OF STARK REQUIREMENTS FOR CERTAIN HOSPITALS THAT WERE UNDER CONSTRUCTION OR DEVELOPMENT AS OF DECEMBER 30, 2010. Section 1877(i) of the Social Security Act (42 U.S.C. 1395nn(i)) is amended-- (1) in paragraph (1)(A)-- (A) in the matter preceding clause (i), by striking ``had''; (B) in clause (i), by striking ``; and'' and inserting the following: ``, and had a provider agreement under section 1866 in effect on such date or was under construction or was under development (as defined in paragraph (7)(A)) on such date; or''; and (C) by striking clause (ii); (2) in paragraph (1)(B), by inserting before the period at the end the following: ``or if the hospital was under construction or under development on December 31, 2010, no greater than the number of operating rooms, procedure rooms, and beds for which the hospital is licensed as of the date the hospital had a provider agreement in effect under section 1866''; (3) in paragraph (1)(D)(i), by inserting before the period at the end the following: ``or if the hospital was under construction or under development on December 31, 2010, as of the date the hospital had a provider agreement in effect under section 1866''; (4) in paragraph (3)(C)(iii), by inserting after ``December 31, 2010,'' the following: ``or in the case of a hospital that did not have a provider agreement in effect as of such date but was under construction or under development on such date,''; and (5) by adding at the end the following new paragraph: ``(7) Definitions.--For purposes of this subsection: ``(A) Under development.--A hospital shall be treated as being `under development' on December 31, 2010, if on or before such date the hospital-- ``(i) submitted its enrollment application for a Medicare provider agreement; ``(ii) had a binding written agreement with an outside, unrelated party for the actual design, construction, renovation, lease, or demolition for a hospital, and has expended at least 10 percent of the estimated cost of the project (or, if less, $1,000,000); or ``(iii) obtained a certificate of need in a State where one is required.''. SEC. 3. MODIFYING STARK REQUIREMENTS FOR APPLICABLE HOSPITALS TO QUALIFY FOR EXPANSION OF FACILITY CAPACITY. Section 1877(i)(3) of the Social Security Act (42 U.S.C. 1395nn(i)(3)) is amended-- (1) by striking subparagraphs (A), (E), (F), (H), and (I); (2) by amending subparagraph (B) to read as follows: ``(B) Limitation on frequency of increases.--A hospital may not effect an increase described in subparagraph (C) more often than once every 2 years.''; (3) in subparagraphs (C) and (D), by striking ``an applicable hospital'' and ``the applicable hospital'' and inserting ``a hospital'' and ``the hospital'', respectively, each place it appears; (4) in subparagraph (C)(i)-- (A) by striking ``granted an exception under the process described in subparagraph (A)''; (B) by striking ``has been granted a previous exception under this paragraph'' and inserting ``has had a previous increase under this subsection''; and (C) by striking ``such an exception'' and inserting ``this paragraph''; and (5) in subparagraph (C)(ii), by striking ``The Secretary shall not permit an increase in'' and inserting ``A hospital may not increase''. SEC. 4. ADDITIONAL EXCEPTION FOR PHYSICIAN OWNERSHIP AND INVESTMENT FOR HOSPITALS IN FINANCIAL DISTRESS. Section 1877(i) of the Social Security Act (42 U.S.C. 1395nn(i)) is amended-- (1) in paragraph (1)(A), as amended by section 2(1), by inserting after clause (i) the following new clause: ``(ii) had a provider agreement under section 1866 in effect December 31, 2010, as of such date did not have physician ownership or investment, but after such date is determined to be in financial distress (as defined in paragraph (7)(B)).''; (2) in paragraph (1)(D)(i), by inserting before the period at the end the following: ``, except that such percentage limitation shall not apply to a hospital determined to be in financial distress (as defined in paragraph (7)(B))''; and (3) in paragraph (7), as added by section 2(5), by adding at the end the following new paragraph: ``(B) Financial distress.--A hospital shall be treated as being `in financial distress' for a cost reporting period if the Secretary determines that the hospital has had an overall negative combined Medicare inpatient prospective payment system and outpatient prospective payment system operating margin for the most recent 3 consecutive cost reporting periods for which data are available. Once the Secretary makes a determination that a hospital has such a negative operating margin for a cost reporting period, the Secretary may not reverse such determination for such period. A hospital that is treated as being in financial distress under this subparagraph for a cost reporting period shall continue to be so treated for all subsequent cost reporting periods as being in financial distress without regard to changes in the hospital's operating margin.''.

Expanding Patients' Access to Quality Care Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act with respect to: (1) the limitation on certain physician referrals to hospitals in which the physician or an immediate family member has an ownership or investment interest exceeding a specified amount; and (2) the rural provider and hospital exception to the physician ownership or investment prohibition. Extends the rural provider and hospital exception to hospitals that were under construction or development as of December 30, 2010, and hospitals in financial distress. Defines "financial distress" for a cost reporting period as one in which a hospital has had an overall negative combined Medicare inpatient prospective payment system and outpatient prospective payment system operating margin for the most recent three consecutive cost reporting periods for which data are available. Eliminates the process for applying for such an exception for expansions of hospital facility capacity. Limits increases in facility capacity to those hospitals that have had a previous increase.

Expanding Patients' Access to Quality Care Act of 2013

SECTION 1 SHORT TITLE. This Act may be cited as the ``Justin Bailey Veterans Substance Use Disorders Prevention and Treatment Act of 2008''. SEC. 2. EXPANSION OF VETERANS SUBSTANCE USE DISORDER PROGRAMS. Subsection (d) of section 1720A of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(3)(A) Each plan under paragraph (1) shall ensure that the medical center provides ready access to a full continuum of care for substance use disorders for veterans in need of such care. ``(B) In this paragraph, the term `full continuum of care' includes all of the following care, treatment, and services: ``(i) Screening for substance use disorder in all settings, including primary care settings. ``(ii) Detoxification and stabilization services. ``(iii) Intensive outpatient care services. ``(iv) Relapse prevention services. ``(v) Outpatient counseling services. ``(vi) Residential substance use disorder treatment. ``(vii) Pharmacological treatment to reduce cravings, and opioid substitution therapy referred to in paragraph (2). ``(viii) Coordination with groups providing peer to peer counseling. ``(ix) Short-term, early interventions for substance use disorders, such as motivational counseling, that are readily available and provided in a manner to overcome stigma associated with the provision of such interventions and related care. ``(x) Marital and family counseling. ``(C) The Secretary shall provide for outreach to veterans who served in Operation Enduring Freedom or Operation Iraqi Freedom to increase awareness of the availability of care, treatment, and services from the Department for substance use disorders.''. SEC. 3. REQUIREMENT FOR ALLOCATION OF DEPARTMENT RESOURCES TO ENSURE AVAILABILITY FOR ALL VETERANS REQUIRING TREATMENT FOR SUBSTANCE USE DISORDERS. (a) Equitable Allocation of Funding; Annual Report.--Section 1720A of title 38, United States Code, as amended by section 2, is further amended by adding at the end the following new subsection: ``(e)(1) The Secretary shall ensure that amounts made available for care, treatment, and services provided under this section are allocated in such a manner that a full continuum of care (as defined in subsection (d)(3)(B)) is available to veterans seeking such care, treatment, or services, without regard to the location of the residence of any such veterans. ``(2)(A) In addition to the report required under section 1703(c)(1) of this title (relating to furnishing of contract care and services under this section), the Secretary shall include in the budget documents which the Secretary submits to Congress for any fiscal year a detailed report on the care, treatment, and services furnished by the Department under this section during the most recently completed fiscal year. ``(B) Each report under subparagraph (A) shall include data on the following for each medical facility of the Department: ``(i) The number of veterans who have been provided care, treatment, or services under this section at the facility for each 1,000 veterans who have received hospital care (if applicable) or medical services at the facility. ``(ii) The number of veterans for whom substance use disorder screening was carried out under subsection (d)(3)(B)(i) at the facility. ``(iii) The number of veterans for whom a substance use disorder was identified after a screening was carried out under subsection (d)(3)(B)(i) at the facility. ``(iv) The number of veterans who were referred by the facility for care, treatment, or services for substance use disorders under this section. ``(v) The number of veterans who received care, treatment or services at the facility for substance use disorders under this section. ``(vi) Availability of the full continuum of care (as defined in subsection (d)(3)(B)) at the facility. ``(C) Each report prepared under subparagraph (A) shall be reviewed by the Committee on Care of Severely Chronically Mentally Ill Veterans authorized by section 7321 of this title. The Committee shall provide an independent assessment of the care, treatment, and services furnished directly by the Department under this section to veterans. Such assessment shall include a detailed analysis of the availability, the barriers to access (if any), and the quality of such care, treatment, and services.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to fiscal years beginning on or after October 1, 2009. SEC. 4. PILOT PROGRAM FOR INTERNET-BASED SUBSTANCE USE DISORDER TREATMENT FOR VETERANS OF OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM. (a) Findings.--Congress makes the following findings: (1) Stigma associated with seeking treatment for mental health disorders has been demonstrated to prevent some veterans from seeking such treatment at a medical facility operated by the Department of Defense or the Department of Veterans Affairs. (2) There is a significant incidence among veterans of post-deployment mental health problems, especially among members of a reserve component who return as veterans to civilian life. (3) Computer-based self-guided training has been demonstrated to be an effective strategy for supplementing the care of psychological conditions. (4) Younger veterans, especially those who served in Operation Enduring Freedom or Operation Iraqi Freedom, are comfortable with and proficient at computer-based technology. (5) Veterans living in rural areas find access to treatment for substance use disorder limited. (6) Self-assessment and treatment options for substance use disorders through an Internet website may reduce stigma and provides additional access for individuals seeking care and treatment for such disorders. (b) In General.--Not later than October 1, 2009, the Secretary of Veterans Affairs shall initiate a pilot program to test the feasibility and advisability of providing veterans who seek treatment for substance use disorders access to a computer-based self-assessment, education, and specified treatment program through a secure Internet website operated by the Secretary. Participation in the pilot program is available on a voluntary basis for those veterans who have served in Operation Enduring Freedom or Operation Iraqi Freedom. (c) Elements of Pilot Program.-- (1) In general.--In designing and carrying out the pilot program under this section, the Secretary of Veterans Affairs shall ensure that-- (A) access to the Internet website and the programs available on the website by a veteran (or family member) does not involuntarily generate an identifiable medical record of that access by that veteran in any medical database maintained by the Department; (B) the Internet website is accessible from remote locations, especially rural areas; and (C) the Internet website includes a self-assessment tool for substance use disorders, self-guided treatment and educational materials for such disorders, and appropriate information and materials for family members of veterans. (2) Consideration of similar projects.--In designing the pilot program under this section, the Secretary of Veterans Affairs shall consider similar pilot projects of the Department of Defense for the early diagnosis and treatment of post- traumatic stress disorder and other mental health conditions established under section 741 of the John Warner National Defense Authorization Act of Fiscal Year 2007 (Public Law 109- 364; 120 Stat. 2304). (3) Location of pilot program.--The Secretary shall carry out the pilot program through those medical centers of the Department of Veterans Affairs that have established Centers for Excellence for Substance Abuse Treatment and Education or that have established a Substance Abuse Program Evaluation and Research Center. (4) Contract authority.--The Secretary of Veterans Affairs may enter into contracts with qualified entities or organizations to carry out the pilot program required under this section. (d) Duration of Pilot Program.--The pilot program required by subsection (a) shall be carried out during the two-year period beginning on the date of the commencement of the pilot program. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Veterans Affairs $1,500,000 for each of fiscal years 2010 and 2011 to carry out the pilot program under this section. (f) Report.--Not later than six months after the completion of the pilot program, the Secretary shall submit to Congress a report on the pilot program, and shall include in that report an assessment of the feasibility and advisability of the pilot program, of any cost savings or other benefits associated with the pilot program, and recommendations for the continuation or expansion of the pilot program. SEC. 5. REPORT ON RESIDENTIAL MENTAL HEALTH CARE FACILITIES OF THE VETERANS HEALTH ADMINISTRATION. (a) Review and Report.--Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Office of the Medical Inspector of the Department of Veterans Affairs, shall-- (1) conduct a review of all residential mental health care facilities, including domiciliary facilities, of the Veterans Health Administration; and (2) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the review conducted under paragraph (1). (b) Elements of Report.--The report required by subsection (a)(2) shall include the following: (1) A description of the availability of care in residential mental health care facilities in each Veterans Integrated Service Network (VISN). (2) An assessment of the supervision and support provided in the residential mental health care facilities of the Veterans Health Administration. (3) The ratio of staff members at each residential mental health care facility to patients at such facility. (4) An assessment of the appropriateness of rules and procedures for the prescription and administration of medications to patients in such residential mental health care facilities. (5) A description of the protocols at each residential mental health care facility for handling missed appointments. (6) Any recommendations the Secretary considers appropriate for improvements to such residential mental health care facilities and the care provided in such facilities. SEC. 6. TRIBUTE TO JUSTIN BAILEY. This Act is enacted in tribute to Justin Bailey, who, after returning to the United States from service as a member of the Armed Forces in Operation Iraqi Freedom, died in a domiciliary facility of the Department of Veterans Affairs while receiving care for post- traumatic stress disorder and a substance use disorder. Passed the House of Representatives May 20, 2008. Attest: LORRAINE C. MILLER, Clerk.

Justin Bailey Veterans Substance Use Disorders Prevention and Treatment Act of 2008 - Requires each substance use disorder treatment plan developed by a Department of Veterans Affairs (VA) medical center to ensure that such center provides ready access to a full continuum of care for substance use disorders for veterans in need of such care. Includes under a full continuum of care: (1) screening for substance use disorder; (2) detoxification and stabilization; (3) intensive outpatient care; (4) relapse prevention; (5) outpatient counseling; (6) residential substance use disorder treatment; (7) pharmacological treatment to reduce cravings and opioid substitution therapy; (8) coordination with groups providing peer-to-peer counseling; (9) short-term, early interventions for substance use disorders; and (10) marital and family counseling. Requires the Secretary of Veterans Affairs to provide outreach to veterans of Operations Enduring Freedom or Iraqi Freedom to increase awareness of the availability of such care. Requires the Secretary to: (1) ensure that amounts made available to the VA for substance use disorder care, treatment, and services are allocated to ensure a full continuum of such care to veterans regardless of the location of their residence; and (2) include in annual budget reports a report on such care, treatment, and services. Requires: (1) each such report to be reviewed by the Committee on Care of Severely Chronically Mentally Ill Veterans; and (2) the Committee to provide an independent assessment of such care, treatment, and services furnished directly by the VA to veterans. Directs the Secretary to carry out a two-year pilot program to test the feasibility and advisability of providing veterans who seek treatment for substance use disorders with access to a computer-based self-assessment, education, and specific treatment program through a secure Internet website operated by the Secretary. Authorizes appropriations. Requires a pilot program report from the Secretary to Congress. Requires the Secretary to: (1) conduct a review of all residential mental health care facilities, including domiciliary facilities, of the Veterans Health Administration; and (2) report review results to the congressional veterans' committees. States that this Act is in tribute to Justin Bailey, who, after returning to the United States from service in Operation Iraqi Freedom, died in a VA domiciliary facility while receiving care for post-traumatic stress disorder (PTSD) and a substance use disorder.

To amend title 38, United States Code, to expand and improve health care services available to veterans from the Department of Veterans Affairs for substance use disorders, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Caguana Indigenous Ceremonial Park and Tibes Indigenous Ceremonial Center Study Act''. (b) Findings.--Congress finds as follows: (1) Caguana indigenous ceremonial park.-- (A) The Caguana Indigenous Ceremonial Park is comprised of approximately 13.5 acres located at the center of Puerto Rico, in the Caguana Ward at the Municipality of Utuado. (B) The park is visited by approximately 60,000 students and tourists every year. (C) Efforts to protect the park began in 1915, when archeologist John Alden Mason, together with Robert T. Aitken, started research on this archeological site. A final report was issued in 1941. (D) In 1949, the Puerto Rican anthropologist and archeologist, Ricardo E. Alegria started a series of excavations and, in 1964, as Director of the Institute of Puerto Rican Culture, ordered the restoration of the park. (E) During 1992, after years of studies and investigations, the National Park Service included the park in the National Register of Historic Places. In 1993, the park received the distinction of a National Historic Landmark. (F) The park has one of the most surprising archeological sites of the Antilles, including 22 petroglyphs on calcareous slates, monoliths located in its main square, and the Cemi Mountain as sentinel. (G) The park museum has a permanent exhibition of more than 80 archeological pieces from the Taino ancestors. Other pieces are exhibited at the University of Puerto Rico Museum, the Puerto Rico Historical Archives, the National Museum of American Indians in New York City, and at Yale University, among other private collections. (H) The Caguana Indigenous Ceremonial Park has unique pieces belonging to precolonial culture, from Puerto Rico and from the Caribbean, and the best way to ensure their protection of these treasures may be the inclusion of the park as a unit of the National Park Service. (2) Tibes indigenous ceremonial center.-- (A) The Tibes Indigenous Ceremonial Center is located between the wards of Tibes and Portugues in the municipality of Ponce, and is considered one of the most significant indigenous sites in the Caribbean. The center is visited by approximately 80,000 students and tourists every year. (B) In 1975, Don Luis Hernandez--a sugar cane worker--discovered the remnants of indigenous cultures after the massive flooding caused by Hurricane Eloisa. (C) Just after the discovery, the Guaynia Society of Archeology and History from the Pontifical Catholic University of Puerto Rico started the excavations and restoration on the site. The group was assisted by the renowned Antillean archeologist, Ricardo Alegria. (D) After months of excavations, the Society had discovered the oldest Antillean indigenous ceremonial site in Puerto Rico, including the largest indigenous cemetery on the Island with more than 186 human remains from the Igneri and Pre-Taino cultures. (E) Additionally, the Society discovered nine plazas used by the indigenous to dance the areyto, play ball and celebrate ceremonies of great importance. The plazas varied in size from 42 feet long by 35.8 feet wide to 115 feet long by 30.5 feet wide, and were named as follows: Horseshoe Ball Court, Cemi Ball Court, Santa Elena Ball Court, One Row Ball Court, Principal Plaza, Oval or Elliptical Plaza, Bat Ball Court, and Chief Ball Court. The ninth court remains unnamed. (F) The Tibes Indigenous Ceremonial Center is key in the education of the current and next generations of Puerto Ricans about our indigenous roots. Thus, the best way to preserve our heritage may be the inclusion of the center as a unit of the National Park Service. SEC. 2. NATIONAL PARK SERVICE STUDY. (a) Study.--The Secretary of the Interior shall-- (1) carry out a study regarding the suitability and feasibility of designating Caguana Indigenous Ceremonial Park and Tibes Indigenous Ceremonial Center as units of the National Park System; and (2) consider management alternatives for the Caguana Indigenous Ceremonial Park and Tibes Indigenous Ceremonial Center. (b) Study Process and Completion.--Except as provided by subsection (c) of this section, section 100507(c) of title 54, United States Code, shall apply to the conduct and completion of the study required by this section. (c) Submission of Study Results.--Not later than 1 year after the date that funds are made available for this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study.

Caguana Indigenous Ceremonial Park and Tibes Indigenous Ceremonial Center Study Act This bill directs the Department of the Interior to study the suitability and feasibility of designating the Caguana Indigenous Ceremonial Park and the Tibes Indigenous Ceremonial Center in Puerto Rico as units of the National Park System.

Caguana Indigenous Ceremonial Park and Tibes Indigenous Ceremonial Center Study Act

.--The Secretary may not implement any revenue raising measure recommended by the Commission in the report transmitted under section 5(c)(1) if, within the 45-day period beginning on March 1, 1998, a joint resolution is enacted, in accordance with the provisions of sections 8 and 10, disapproving the recommendations of the Commission. The days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in the computation of such 45-day period. SEC. 5. CREATIVE REVENUES COMMISSION. (a) Establishment.--There is established the Secretary of the Treasury's Creative Revenues Commission. (b) Membership.--The Commission shall consist of 11 members, appointed by the Secretary of Treasury, who have broad experience in Government and in tax and revenue issues. The Secretary shall designate 2 Chairpersons from among the members of the Commission. The Secretary shall appoint the members of the Commission not later than 90 days after the date of the enactment of this Act. (c) Duties.-- (1) Report.--The Commission shall transmit to the Secretary, not later than December 31, 1997, a report containing a description of-- (A) all revenue raising measures which the Commission considered; (B) the revenue raising measures which the Commission recommends; (C) the rationale of the Commission for such recommendations; and (D) the manner in which such recommendations, in the aggregate, if implemented, would balance the Federal tax burden equally between corporations and individuals. (2) Transmission to committees.--The Commission shall, on the same date on which the Commission transmits the report to the Secretary under subparagraph (A), transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate-- (A) a copy of such report; and (B) a statement certifying that the Commission has identified the revenue raising measures to be implemented by reviewing-- (i) various forms of taxation that exist in different countries; (ii) other possible ways for the Federal Government to raise revenue; and (iii) possible ways to balance the Federal tax burden equally between corporations and individuals. (d) Administration.-- (1) Members of the Commission shall serve without compensation for their work on the Commission, except that members who are not employees of the United States (determined without regard to service on the Commission) may be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5, United States Code, for persons serving intermittently in the Government service, to the full extent funds are available (subject to appropriations). (2) The Secretary shall provide the Commission with such administrative services, facilities, staff, and other support services as may be necessary. Subject to appropriations, any expenses of the Commission shall be paid from such funds as may be available to the Secretary. (3) Not more than one-half of the professional staff of the Commission shall be individuals who have been employed by the Department of the Treasury during calendar year 1997 in any capacity other than as an employee of the Commission. (4) The Commission shall be in place and operating as soon as possible, shortly after which time the Commission shall brief the Secretary on the Commission's plan of action. (5) The report transmitted under subsection (c)(1) shall include a recommendation for a revenue raising measure only if such recommendation is approved by a vote of a majority of the members of the Commission. SEC. 6. REPORTS. As part of each annual budget request for the Department of the Treasury, the Secretary shall transmit to the appropriate committees of the Congress-- (1) a schedule of the revenue raising measures to be implemented under this Act in the fiscal year for which the request is made; (2) an estimate of the total expenditures required by each such revenue raising measure; (3) an estimate of the Federal Government cost savings to be achieved, or cost increases to be generated, by each such revenue raising measure and of the time period in which such savings or increases are to be achieved or generated; and (4) an estimate of the amounts of the increases or decreases, in the amounts of Federal tax paid by individual and corporate taxpayers of various incomes, to be generated or achieved by each such revenue raising measure and of the time period in which such increases or decreases are to be generated or achieved. SEC. 7. FUNDING. (a) Account.--There is hereby established in the Treasury of the United States an account to be known as the ``Department of the Treasury Revenue Reform Account'', which shall be administered by the Secretary as a single account. (b) Amounts Deposited Into Account.--There shall be deposited into the Account-- (1) funds authorized for and appropriated to the Account with respect to fiscal year 1999 and fiscal years beginning thereafter; and (2) any funds that the Secretary may, subject to approval in an appropriation Act, transfer to the Account from funds appropriated to the Department of the Treasury for any purpose, except that such funds may be transferred only after the date on which the Secretary transmits written notice of, and justification for, such transfer to the appropriate committees of the Congress. (c) Use of Account Funds.--The Secretary may use the funds in the Account only for the purposes of implementing revenue raising measures under this Act. (d) Annual Reports.--Not later than 60 days after the end of each fiscal year in which the Secretary carries out activities under this Act, the Secretary shall transmit a report to the appropriate committees of Congress of the amount and nature of the deposits into, and the expenditures from, the Account during such fiscal year and of the amount and nature of other expenditures made by the Secretary pursuant to implementation of revenue raising measures under this Act during such fiscal year. (e) Transfer of Unobligated Funds.--Unobligated funds which remain in the Account after September 30, 2002, shall be held in the Account until transferred by law after the appropriate committees of the Congress receive the report transmitted under subsection (f). (f) Final Report.--Not later than November 30, 2002, the Secretary shall transmit to the appropriate committees of the Congress a report containing an accounting of-- (1) all of the funds deposited into and expended from the Account or otherwise expended by the Secretary under this Act; and (2) any amount remaining in the Account. SEC. 8. CONGRESSIONAL CONSIDERATION OF REGULATORY REFORMS RECOMMENDED IN COMMISSION REPORT. (a) Terms of Resolution.--For purposes of section 4(b), the term ``joint resolution'' means only a joint resolution which is introduced before March 15, 1998, and-- (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: ``That Congress disapproves the recommendations of the Creative Revenues Commission established by the Secretary of the Treasury as submitted to the Secretary of the Treasury on ________'', the blank space being appropriately filled in; and (3) the title of which is as follows: ``Joint resolution disapproving the recommendations of the Creative Revenues Commission.''. (b) Referral.--A resolution described in subsection (a) and introduced in the House of Representatives shall be referred to the Committee on Ways and Means of the House. A resolution described in subsection (a) and introduced in the Senate shall be referred to the Committee on Finance of the Senate. SEC. 9. CONGRESSIONAL CONSIDERATION OF NON-REGULATORY REFORMS RECOMMENDED IN COMMISSION REPORT. (a) Introduction.--Not later than March 14, 1998, the Speaker of the House of Representatives and the President pro tempore of the Senate shall introduce, in their respective houses, legislation to implement the measures which are recommended in the report transmitted under section 5(c)(1) and which may not be implemented by regulatory action. (b) Referral.--Legislation described in subsection (a) and introduced in the House of Representatives shall be referred to the Committee on Ways and Means of the House. Legislation described in subsection (a) and introduced in the Senate shall be referred to the Committee on Finance of the Senate. SEC. 10. PROCEDURE FOR CONSIDERATION. (a) Discharge.--If the committee to which reform legislation is referred has not reported such reform legislation (or identical legislation) before March 15, 1998, such committee shall be, as of March 15, 1998, discharged from further consideration of such reform legislation, and such reform legislation shall be placed on the appropriate calendar of the House involved. (b) Consideration.-- (1) On or after the third day after the date on which the committee to which such reform legislation is referred has reported, or has been discharged (under subsection (a)) from further consideration of, such reform legislation, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of such reform legislation (but only on the day after the calendar day on which such Member announces to the House concerned the Member's intention to do so). All points of order against such reform legislation (and against consideration of such reform legislation) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of such reform legislation is agreed to, the respective House shall immediately proceed to consideration of such reform legislation without intervening motion, order, or other business, and such reform legislation shall remain the unfinished business of the respective House until disposed of. (2) Debate on such reform legislation, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing such reform legislation. An amendment to such reform legislation is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit such reform legislation is not in order. A motion to reconsider the vote by which such reform legislation is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on such reform legislation, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of such reform legislation shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to such reform legislation shall be decided without debate. (c) Consideration by Other House.-- (1) If, before the passage by one House of reform legislation, that House receives from the other House such a reform legislation, then the following procedures shall apply: (A) Such reform legislation of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to such reform legislation of the House receiving the reform legislation-- (i) the procedure in that House shall be the same as if such reform legislation had not been received from the other House; but (ii) the vote on final passage shall be on such reform legislation of the other House. (2) Upon disposition of the reform legislation received from the other House, it shall no longer be in order to consider such reform legislation that originated in the receiving House. (d) Rules of the Senate and House.--This section, and sections 8 and 9, are enacted by the Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed a part of the rules of each House, respectively, but are applicable only with respect to the procedure to be followed in that House in the case of a reform legislation, and supersede other rules only to the extent inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time in the same manner, and to the same extent, as in the case of any other rule of that House. SEC. 11. DEFINITIONS. For purposes of this Act: (1) Account.--The term ``Account'' means the Department of the Treasury Revenue Reform Account established by section 7(a). (2) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means the Committee on Ways and Means of the House, the Committee on Finance of the Senate, and the Committees on Appropriations of the House and Senate. (3) Creative revenues commission; commission.--The terms ``Creative Revenues Commission'' and ``Commission'' mean the Secretary of the Treasury's Creative Revenues Commission established by section 5. (4) Reform legislation.--The term ``reform legislation'' means a resolution described in section 8(a) or legislation described in section 9(a). (5) Revenue raising measure.--The term ``revenue raising measure'' means a proposal to amend the Internal Revenue Code of 1986, a proposal to implement a regulatory change to enforcement or interpretation of such Code, or any other proposal to raise revenue for the Federal Government. (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. HR 2526 IH----2 HR 2526 IH----3

Creative Revenues Act of 1995 - Authorizes the Secretary of the Treasury to implement all revenue raising measures which are recommended by the Creative Revenues Commission (established by this Act) and may be implemented by the Secretary as regulatory reforms. Directs that information concerning implementation of such measures be disseminated to the public. Establishes the Secretary of the Treasury's Creative Revenues Commission. Establishes the Department of the Treasury Revenue Reform Account to be administered by the Secretary as a single account. Authorizes the Secretary to use the funds in such account only for the purposes of implementing revenue raising measures.

Creative Revenues Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Armed Forces Suicide Prevention Act of 2011''. SEC. 2. ENHANCEMENT OF SUICIDE PREVENTION PROGRAM OF THE DEPARTMENT OF DEFENSE. (a) Enhancement.--The Secretary of Defense shall take appropriate actions to enhance the suicide prevention program of the Department of Defense through the provision of suicide prevention information and resources to members of the Armed Forces from their initial enlistment or appointment through their final retirement or separation. (b) Cooperative Effort.--The Secretary of Defense shall develop suicide prevention information and resources in consultation with-- (1) the Secretary of Veterans Affairs, the National Institute of Mental Health, and the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; and (2) to the extent appropriate, institutions of higher education and other public and private entities, including international entities, with expertise regarding suicide prevention. SEC. 3. SUICIDE PREVENTION TRAINING COMPONENT DURING RECRUIT BASIC TRAINING. (a) Army.-- (1) Training required.--Chapter 401 of title 10, United States Code, is amended by inserting after section 4320 the following new section: ``Sec. 4320a. Recruit basic training: availability of suicide prevention resources ``(a) Availability.--As part of the initial entry training program of the Army that constitutes the basic training of new recruits, the Secretary of the Army shall include a training component on suicide prevention. ``(b) Elements.--The suicide prevention training component shall include the following: ``(1) Methods for recognizing risk factors for suicide. ``(2) Protocols for responding to crisis situations involving members who may be at high risk for suicide. ``(3) Information about suicide prevention services available to members, including toll-free hotlines and Internet resources. ``(4) Information on best practices for suicide prevention.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4320 the following new item: ``4320a. Recruit basic training: availability of suicide prevention resources.''. (b) Navy and Marine Corps.-- (1) Training required.--Chapter 602 of such title is amended by adding at the end the following new section: ``Sec. 6933. Recruit basic training: availability of suicide prevention resources ``(a) Availability.--As part of the initial entry training program of the Navy and the Marine Corps that constitutes the basic training of new recruits, the Secretary of the Navy shall include a training component on suicide prevention. ``(b) Elements.--The suicide prevention training component shall include the following: ``(1) Methods for recognizing risk factors for suicide. ``(2) Protocols for responding to crisis situations involving members who may be at high risk for suicide. ``(3) Information about suicide prevention services available to members, including toll-free hotlines and Internet resources. ``(4) Information on best practices for suicide prevention.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``602. Recruit basic training: availability of suicide prevention resources.''. (c) Air Force.-- (1) Training required.--Chapter 901 of such title is amended by inserting after section 9320 the following new section: ``Sec. 9320a. Recruit basic training: availability of suicide prevention resources ``(a) Availability.--As part of the initial entry training program of the Air Force that constitutes the basic training of new recruits, the Secretary of the Air Force shall include a training component on suicide prevention. ``(b) Elements.--The suicide prevention training component shall include the following: ``(1) Methods for recognizing risk factors for suicide. ``(2) Protocols for responding to crisis situations involving members who may be at high risk for suicide. ``(3) Information about suicide prevention services available to members, including toll-free hotlines and Internet resources. ``(4) Information on best practices for suicide prevention.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4320 the following new item: ``4320a. Recruit basic training: availability of suicide prevention resources.''. SEC. 4. NOTICE OF AVAILABILITY OF AND ACCESS TO SUICIDE PREVENTION RESOURCES DURING PRESEPARATION COUNSELING. Section 1142(b)(8) of title 10, United States Code, is amended by inserting before the period the following: ``and the availability to the member and the member's family of the suicide prevention resources described in section 1177(d) of this title''. SEC. 5. NOTICE OF AVAILABILITY OF AND ACCESS TO SUICIDE PREVENTION RESOURCES DURING MEDICAL EXAMINATION TO EVALUATE A DIAGNOSIS OF POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY. Section 1177 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Availability of Suicide Prevention Resources.--(1) The medical examination required by subsection (a) shall include the provision of information to the member regarding the availability of the suicide prevention resources described in paragraph (2) and the right of the member to access such resources. ``(2) The suicide prevention resources available under paragraph (1) shall include the following: ``(A) Methods for recognizing risk factors for suicide. ``(B) Protocols for responding to crisis situations involving members who may be at high risk for suicide. ``(C) Information about suicide prevention services available to members, including toll-free hotlines and Internet resources. ``(D) Information on best practices for suicide prevention.''.

Armed Forces Suicide Prevention Act of 2011 - Directs the Secretary of Defense to enhance the suicide prevention program of the Department of Defense (DOD) through the provision of suicide prevention information and resources to members of the Armed Forces from their initial enlistment or appointment through their final retirement or separation. Requires the Secretary of each military department (Secretary concerned) to include a training component on suicide prevention, which shall include: (1) methods for recognizing suicide risk factors; (2) protocols for responding to crisis situations involving members who may be at high risk for suicide; and (3) information about available suicide prevention services and best practices for suicide prevention. Directs the Secretary concerned to notify members of the the availability of and access to suicide prevention services during their preseparation counseling. Requires medical evaluations for the diagnosis of post-traumatic stress disorder or traumatic brain injury in members who were deployed overseas in support of a contingency operation to also include the provision of information on the availability of suicide prevention services and the member's right of access to such services.

To amend title 10, United States Code, to enhance the suicide prevention program of the Department of Defense by specifically requiring suicide prevention training during recruit basic training, preseparation counseling, and mental health assessments.