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SECTION 1. SHORT TITLE. This Act may be cited as the ``Functional Gastrointestinal and Motility Disorders Research Enhancement Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Functional gastrointestinal and motility disorders (FGIMDs) are chronic conditions associated with increased sensitivity of the GI tract, abnormal motor functioning, and brain-gut dysfunction. (2) FGIMDs are characterized by chronic or recurring symptoms in the GI tract including pain or discomfort, nausea, vomiting, diarrhea, constipation, incontinence, problems in the passage of food or feces, or a combination of these symptoms. (3) FGIMDs include conditions such as functional dysphagia, gastroesophageal reflux disease, dyspepsia, cyclic vomiting syndrome, gallbladder and bile duct dysfunction, gastroparesis, irritable bowel syndrome (IBS), Hirschsprung's disease, chronic intestinal pseudo-obstruction, bowel incontinence, and many others, which affect the esophagus, stomach, gallbladder, small and large intestine, and anorectal areas of the body. (4) The severity of FGIMDs ranges from mildly uncomfortable to debilitating and in some cases life-threatening. (5) Effective treatments for the multiple symptoms of FGIMDs are lacking, and while sufferers frequently use a variety of medications and therapies for symptoms, few patients report satisfaction with available treatments. (6) Physicians are not sufficiently educated on the proper diagnosis and up-to-date treatments for FGIMDs. This leads to excess health care costs due to unneeded diagnostic procedures and errors in treatments. (7) Patients with FGIMDs frequently suffer for years before receiving an accurate diagnosis, exposing them to unnecessary and costly tests and procedures including surgeries, as well as needless suffering and expense. (8) The economic impact of FGIMDs is high. The annual cost in the United States for IBS alone is estimated to be between $1.7 billion and $10 billion in direct medical costs (excluding prescription and over-the-counter medications) and $20 billion in indirect medical costs. (9) FGIMDs frequently take a toll on the workplace, as reflected in work absenteeism, lost productivity, and lost opportunities for the individual and society. (10) Gastrointestinal symptoms consistent with functional gastrointestinal disorders, such as IBS and functional dyspepsia, are recognized as a serious and disabling issue for military veterans, particularly those who have been deployed in war zones. (11) FGIMDs affect individuals of all ages including children, and pediatric FGIMDs can be particularly serious, leading to a lifetime of painful symptoms and medical expenses associated with management of chronic illness or death. (12) There is inadequate public education and misunderstanding of FGIMDs leading to stigma placed upon individuals so afflicted. (13) The National Institutes of Health's National Commission on Digestive Diseases identified comprehensive research goals related to FGIMDs in its April 2009 report to Congress and the American public entitled ``Opportunities and Challenges in Digestive Diseases Research: Recommendations of the National Commission on Digestive Diseases''. SEC. 3. FUNCTIONAL GASTROINTESTINAL AND MOTILITY DISORDERS RESEARCH ENHANCEMENT. Part B of the title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409K. FUNCTIONAL GASTROINTESTINAL AND MOTILITY DISORDERS. ``The Director of NIH may expand, intensify, and coordinate the activities of the National Institutes of Health with respect to functional gastrointestinal and motility disorders (in this section referred to as `FGIMDs') by-- ``(1) expanding basic and clinical research into FGIMDs by implementing the research recommendations of the National Commission on Digestive Diseases relating to FGIMDs; ``(2) providing support for the establishment of up to five centers of excellence on FGIMDs at leading academic medical centers throughout the country to carry out innovative basic, translational, and clinical research focused on FGIMDs; ``(3) supporting innovative approaches to educating health care providers and patients regarding strategies that improve patient-provider relationships and care and foster research to determine the effects of these approaches in improving patient satisfaction, improved clinical outcomes, efficient utilization of health care services, and reduced health care costs; ``(4) exploring collaborative research opportunities among the National Institute of Diabetes and Digestive and Kidney Diseases, the Office of Research on Women's Health, the Office of Rare Disease Research, and other Institutes and Centers of the National Institutes of Health; ``(5) directing the National Institute of Diabetes and Digestive and Kidney Diseases to provide the necessary funding for continued expansion and advancement of the FGIMDs research portfolio through intramural and extramural research; ``(6) directing the National Institute of Diabetes and Digestive and Kidney Diseases and the Eunice Kennedy Shriver National Institute of Child Health and Human Development to expand research into FGIMDs that impact children, such as Hirschsprung's disease and cyclic vomiting syndrome, and maternal health, such as fecal incontinence; and ``(7) exploring opportunities to partner with the Department of Defense and the Department of Veterans Affairs to increase research and improve patient care regarding FGIMDs that commonly impact veterans and active duty military personnel, such as IBS and dyspepsia.''. SEC. 4. PROMOTING PUBLIC AWARENESS OF FUNCTIONAL GASTROINTESTINAL AND MOTILITY DISORDERS. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end the following: ``SEC. 320B. PUBLIC AWARENESS OF FUNCTIONAL GASTROINTESTINAL AND MOTILITY DISORDERS. ``The Secretary may engage in public awareness and education activities to increase understanding and recognition of functional gastrointestinal and motility disorders (in this section referred to as `FGIMDs'). Such activities may include the distribution of print, film, and web-based materials targeting health care providers and the public and prepared and disseminated in conjunction with patient organizations that treat FGIMDs. The information expressed through such activities should emphasize-- ``(1) basic information on FGIMDs, their symptoms, prevalence, and frequently co-occurring conditions; and ``(2) the importance of early diagnosis, and prompt and accurate treatment of FGIMDs.''. SEC. 5. SENSE OF CONGRESS OF THE DEVELOPMENT AND OVERSIGHT OF INNOVATIVE TREATMENT OPTIONS FOR FUNCTIONAL GASTROINTESTINAL AND MOTILITY DISORDERS. It is the sense of Congress that, considering the current lack of effective treatment options for the global symptoms of functional gastrointestinal and motility disorders (in this section referred to as ``FGIMDs'') and the inherent challenges of developing and bringing such treatments to market, the Commissioner of Food and Drugs should continue and accelerate important efforts to improve the development and oversight of treatment options for FGIMDs by-- (1) enhancing the commitment to emerging efforts like the Patient Reported Outcomes Consortium to expedite medical device and drug development, study appropriate balances between risk and patient benefit, and identify proper endpoints for conditions without clear, biological indicators; (2) enhancing the commitment to broad efforts like the Critical Path Initiative focused on ensuring that scientific breakthroughs are quickly translated into safe and beneficial treatment options; and (3) continuing collaboration with patient and provider organizations that treat FGIMDs so that the patient perspective is considered when determining the need for innovative treatments.

Functional Gastrointestinal and Motility Disorders Research Enhancement Act of 2015 This bill amends the Public Health Service Act to require the National Institutes of Health to expand, intensify, and coordinate its activities with respect to functional gastrointestinal and motility disorders (FGIMDs), including by: expanding basic and clinical research into FGIMDs by implementing the research recommendations of the National Commission on Digestive Diseases, providing support for the establishment of centers of excellence on FGIMDs, supporting innovative approaches to educating health care providers and patients regarding strategies that improve patient-provider relationships and care, directing the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK) to provide the necessary funding for the continued expansion and advancement of the FGIMDs research portfolio, and directing NIDDK and the Eunice Kennedy Shriver National Institute of Child Health and Human Development to expand research into FGIMDs that impact children. The Department of Health and Human Services may engage in public awareness and education activities to increase understanding and recognition of FGIMDs.

Functional Gastrointestinal and Motility Disorders Research Enhancement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Little Shell Tribe of Chippewa Indians Restoration Act of 2006''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Tribe.--The term ``Tribe'' means the Little Shell Tribe of Chippewa Indians of Montana. (2) Member.--The term ``member'' means an individual who is enrolled in the Tribe pursuant to section 7. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FINDINGS. Congress finds the following: (1) The Little Shell Tribe of Chippewa Indians is one of the political successors to signatories to the Pembina Treaty of 1863, by which a large area of land in what is now North Dakota was ceded to the United States. (2) The Turtle Mountain Band of Chippewa of North Dakota, and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of Montana, which also are political successors to the signatories to the Pembina Treaty of 1863, already have been recognized by the Federal Government as distinct Indian tribes. (3) The members of the Little Shell Tribe of Chippewa continue to live in Montana as their ancestors have done for more than a century since their ancestors ceded their lands in North Dakota. (4) The Little Shell Tribe repeatedly petitioned the Federal Government for reorganization in the 1930s and 1940s under the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly referred to as the ``Indian Reorganization Act''). Federal agents who visited the Little Shell Tribe and Commissioner of Indian Affairs John Collier attested to the Federal Government's responsibility toward the Little Shell Indians. These officials concluded that Little Shell tribal members were eligible for and should be provided with trust land, thereby making the Tribe eligible for reorganization under the Indian Reorganization Act. Due to a lack of Federal appropriations during the Depression, however, the Bureau lacked adequate financial resources to purchase land for the Tribe, and the Little Shell people were thereby denied the opportunity to reorganize. (5) In spite of the Federal Government's failure to appropriate adequate funding to secure land for the Tribe as required for reorganization under the Indian Reorganization Act, the Tribe continued to exist as a separate community with leaders exhibiting clear political authority. The Tribe, together with the Turtle Mountain Band of Chippewa of North Dakota, and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of Montana, filed two suits under the Indian Claims Commission Act of 1946 to petition for additional compensation for lands ceded to the United States by the 1863 Treaty and 1892 McCumber Agreement. These tribes received Indian Claims Commission awards, which were distributed under 1971 and 1982 Acts of Congress. (6) The Tribe petitioned the Bureau of Indian Affairs for recognition through the Bureau's Federal Acknowledgement Process in 1978. Nearly 30 years later, the Tribe's petition is still pending. (7) The United States Government, the State of Montana, and the other federally recognized Indian Tribes of Montana have had continuous dealings with the recognized political leaders of the Little Shell Tribe from the 1930s through the present. SEC. 4. FEDERAL RECOGNITION. Federal recognition of the Little Shell Tribe of Chippewa Indians of Montana is hereby extended. All laws and regulations of the United States of general application to Indians or nations, tribes, or bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) that are not inconsistent with any specific provision of this Act, shall be applicable to the Tribe and its members. SEC. 5. FEDERAL SERVICES AND BENEFITS. (a) In General.--The Tribe and its members shall be eligible, on and after the date of the enactment of this Act, for all services and benefits furnished to Federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near any Indian Reservation. (b) Service Area.--For purposes of the delivery of Federal services to enrolled members of the Tribe, the service area of the Tribe shall be deemed to be the area comprised of Blaine, Cascade, Glacier and Hill Counties in Montana. SEC. 6. REAFFIRMATION OF RIGHTS. Nothing in this Act shall be construed to diminish any right or privilege of the Tribe, or the members thereof, that existed prior to the date of enactment of this Act. Except as otherwise specifically provided in any other provision of this Act, nothing in this Act shall be construed as altering or affecting any legal or equitable claim the Tribe might have to enforce any right or privilege reserved by or granted to the Tribe which was wrongfully denied to or taken from the Tribe prior to the enactment of this Act. SEC. 7. MEMBERSHIP. Not later than 18 months after the date of the enactment of this Act, the Tribe shall submit to the Secretary a membership roll consisting of all individuals enrolled as members of the Tribe. The qualification for inclusion on the membership roll of the Tribe shall be determined in accordance with Article 5, Sections 1-3, of the Tribe's September 10, 1977, Constitution. The Tribe shall ensure that such membership roll is maintained and kept current. SEC. 8. TRANSFER OF LAND FOR THE BENEFIT OF THE TRIBE. (a) Homeland.--The Secretary shall acquire trust title to 200 acres of land within the Tribe's service area for the benefit of the Tribe for a tribal land base. (b) Additional Lands.--The Secretary may acquire additional lands for the Tribe pursuant to the authorities granted in section 5 of the Indian Reorganization Act (25 U.S.C. 465).

Little Shell Tribe of Chippewa Indians Restoration Act of 2006 - Extends federal recognition to the Little Shell Tribe of Chippewa Indians of Montana. Makes the Tribe and its members eligible for all services and benefits furnished to federally recognized Indian tribes without regard to the existence of a tribal reservation or the location of the residence of any member on or near any Indian Reservation. Directs the Tribe to submit to the Secretary of the Interior a membership roll consisting of all individuals enrolled as members of the Tribe. Directs the Secretary to acquire trust title to 200 acres of land within the Tribe's service area for the benefit of the Tribe for a tribal land base.

To extend the Federal relationship to the Little Shell Tribe of Chippewa Indians of Montana as a distinct federally recognized Indian tribe, and for other purposes.

on the Budget.-- (1) Upon the enactment of this Act, the chairmen of the Committees on the Budget of the House and the Senate shall reduce the allocation of new budget authority and the outlays flowing therefrom to the Committees on Appropriations of the House and the Senate set forth pursuant to section 302(a) of the Congressional Budget Act of 1974 for fiscal year 2009 by $14.8 billion. (2) The chairmen of the Committees on the Budget of the House and the Senate shall make any other necessary and conforming adjustments in the concurrent resolution on the budget for fiscal year 2009. SEC. 502. CONSERVATION OF RESOURCES FEES. (a) Establishment of Fees.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior by regulation shall establish-- (A) a conservation of resources fee for producing Federal oil and gas leases in the Gulf of Mexico; and (B) a conservation of resources fee for nonproducing Federal oil and gas leases in the Gulf of Mexico. (2) Producing lease fee terms.--The fee under paragraph (1)(A)-- (A) subject to subparagraph (C), shall apply to covered leases that are producing leases; (B) shall be set at $9 per barrel for oil and $1.25 per million Btu for gas, respectively, in 2005 dollars; and (C) shall apply only to production of oil or gas occurring-- (i) in any calendar year in which the arithmetic average of the daily closing prices for light sweet crude oil on the New York Mercantile Exchange (NYMEX) exceeds $34.73 per barrel for oil and $4.34 per million Btu for gas in 2005 dollars; and (ii) on or after October 1, 2006. (3) Nonproducing lease fee terms.--The fee under paragraph (1)(B)-- (A) subject to subparagraph (C), shall apply to leases that are nonproducing leases; (B) shall be set at $3.75 per acre per year in 2005 dollars; and (C) shall apply on and after October 1, 2006. (4) Treatment of receipts.--Amounts received by the United States as fees under this subsection shall be treated as offsetting receipts. (b) Covered Lease Defined.--In this section the term ``covered lease'' means a lease for oil or gas production in the Gulf of Mexico that is-- (1) in existence on the date of enactment of this Act; (2) issued by the Department of the Interior under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104-58); and (3) not subject to limitations on royalty relief based on market price that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (c) Royalty Suspension Provisions.--The Secretary of the Interior shall agree to a request by any lessee to amend any lease issued for Central and Western Gulf of Mexico tracts during the period of January 1, 1998, through December 31, 1999, to incorporate price thresholds applicable to royalty suspension provisions, or amend existing price thresholds, in the amount of $34.73 per barrel (2005 dollars) for oil and for natural gas of $4.34 per million Btu (2005 dollars). SEC. 503. REDUCTION IN PAYMENT ACRES FOR DIRECT AND COUNTER-CYCLICAL PAYMENTS UNDER DEPARTMENT OF AGRICULTURE COMMODITY PROGRAMS. (a) Program Crops.--Section 1001(11) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702(11)) is amended-- (1) in subparagraph (A), by striking ``85 percent'' and inserting ``84 percent''; and (2) in subparagraph (B), by striking ``83.3 percent'' and inserting ``82.3 percent''. (b) Peanuts.--Section 1301(5) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8751(5)) is amended-- (1) in subparagraph (A), by striking ``85 percent'' and inserting ``84 percent''; and (2) in subparagraph (B), by striking ``83.3 percent'' and inserting ``82.3 percent''. SEC. 504. REDUCTION IN MAXIMUM AMOUNT OF DIRECT, COUNTER-CYCLICAL, AND ACRE PAYMENTS PAID TO PRODUCERS UNDER DEPARTMENT OF AGRICULTURE COMMODITY PROGRAMS. (a) Program Crops.--Section 1001(b) of the Food Security Act of 1985 (7 U.S.C. 1308(b)) is amended-- (1) in paragraph (1)(A), by striking ``$40,000'' and inserting ``$20,000''; (2) in paragraph (2), by striking ``$65,000'' and inserting ``$32,500''; and (3) in paragraph (3)(A), by striking ``$65,000'' and inserting ``$32,500''. (b) Peanuts.--Section 1001(c) of the Food Security Act of 1985 (7 U.S.C. 1308(b)) is amended-- (1) in paragraph (1)(A), by striking ``$40,000'' and inserting ``$20,000''; (2) in paragraph (2), by striking ``$65,000'' and inserting ``$32,500''; and (3) in paragraph (3)(A), by striking ``$65,000'' and inserting ``$32,500''. SEC. 505. CONSOLIDATION OF MILITARY EXCHANGE STORES SYSTEM. (a) Consolidation.--Section 2487(b) of title 10, United States Code, is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: ``(2) Not later than two years after the date of the enactment of the Apollo Energy Independence Act of 2008, the Secretary of Defense shall complete the consolidation of the exchange stores system, including the Army and Air Force Exchange Service, the Navy Exchange Service Command, and Marine Corps exchanges, into a single administrative entity to improve efficiencies and enhance customer service.''. (b) Operating Costs.--Section 2491(b) of title 10, United States Code, is amended by adding at the end the following new sentence: ``Following consolidation of the exchange stores system, as required by section 2487(b) of this title, all operating costs of the exchange stores system shall be covered by sales revenues generated by the system or other nonappropriated fund instrumentalities of the Department of Defense.''. SEC. 506. REVISED PRICING STRUCTURE FOR DEPOT-LEVEL ACTIVITIES OF THE DEPARTMENT OF DEFENSE. (a) Pricing Policy.--Chapter 146 of title 10, United States Code, is amended by inserting after section 2470 the following new section: ``Sec. 2471. Depot-level activities of the Department of Defense: pricing policy for services rendered ``A depot-level activity of the Department of Defense may charge only for the incremental cost of repairs provided by the depot-level activity instead of including charges for components (called depot- level repairables) for labor, materials, and transportation and a share of the fixed costs of overhead. Fixed costs, including overhead, shall be covered by an annual flat fee to customers.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2470 the following new item: ``2471. Depot-level activities of the Department of Defense: pricing policy for services rendered.''. SEC. 507. RESTRICT UNIVERSAL SERVICE FUND SUPPORT TO 2 CONNECTIONS PER HOUSEHOLD. (a) In General.--Section 254(c) of the Communications Act of 1934 (47 U.S.C. 254(c)) is amended by adding at the end the following new paragraph: ``(4) Exception.--In carrying out paragraph (1), the Commission shall promulgate regulations to specifically exclude the receipt of universal service support by any eligible telecommunications carrier where such support would provide for more than 2 connections per household.''. (b) Disposition of Savings.-- (1) Savings calculation.--The Commission shall direct the Administrator to determine the amount of the net savings resulting from the implementation of section 254(c)(4) of the Communications Act of 1934 (as added by subsection (a)). (2) Remission to the treasury.--The Commission shall direct the Administrator to remit to the Treasury of the United States an amount equivalent to the amount determined under paragraph (1). (3) No recalculation.--The Commission shall direct the Administrator to not make any adjustment to the amount of universal service support contributed by telecommunications carriers under section 254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)) to take into account the cost savings resulting from section 254(c)(4) of such Act. (c) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator designated by the Commission to administer Federal universal service support programs pursuant to section 254 of the Communications Act of 1934 (47 U.S.C. 254). (2) Commission.--The term ``Commission'' means the Federal Communications Commission. SEC. 508. IMPROVE TREASURY PAYMENT TRANSACTION INTEGRITY. Section 1113(k)(1) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3413(k)(1)) is amended by inserting ``or for purposes of tracing or recovering improper payments and collections by the Secretary of the Treasury'' before the period at the end. SEC. 509. MODERNIZE TREASURY CASH INVESTMENT PRACTICES. Section 323 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(d) Repurchase Market Investments.--In addition to the investments authorized under subsection (a), the Secretary may invest any part of the operating cash of the Treasury in repurchase transactions with acceptable parties in the repurchase market.''. SEC. 510. FOOD SAFETY AND INSPECTION SERVICE USER FEES. The Secretary of Agriculture shall establish and collect user fees for inspection services provided under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), and the Egg Products Inspection Act (21 U.S.C. 1031 et seq.).

Apollo Energy Independence Act of 2008 - Amends the Internal Revenue Code to provide tax incentives for energy conservation and production, including provisions to: (1) make permanent the tax credit for producing electricity from renewable resources and to include marine and hydrokinetic renewable energy as a resource for purposes of such credit; (2) make permanent the energy tax credit for solar energy, fuel cell, and microturbine property; (3) allow a new energy tax credit for combined heat and power system property; (4) provide for the issuance of new clean renewable energy bonds; (5) increase the tax credit for advanced nuclear power production; (6) make permanent the tax credits for residential energy efficient property, energy efficiency existing homes, the production of energy efficient household appliances, and the tax deduction for energy efficient commercial buildings; (7) allow tax credits for new alternative motor vehicles, including qualified plug-in electric drive motor vehicles, vehicles that achieve a fuel economy standard of 100 miles per gallon, and advanced technology motor vehicles; (8) allow tax credits for the production of cellulosic biofuel and for hydrogen infrastructure costs; (9) increase and make permanent the tax credit for alternative fuel vehicle refueling property expenditures; and (10) allow employers a tax credit for providing transit passes to employees. Amends the Energy Policy Act of 2005 to provide full loan guarantees for the construction of advanced nuclear energy facilities. Establishes in the Treasury the Petroleum Reduction Trust Fund. Allocates 90% of civil penalties for automobile fuel economy violations to such Fund for retail purchases of ethanol, biodiesel, and other alternative fuels. Directs the Secretary of Energy to: (1) carry out research programs for onboard storage of hydrogen in light-duty motor vehicles and for the development of plug-in electric drive vehicle technology; and (2) study daily and seasonal energy costs in public schools. Amends the Harmonized Tariff Schedule of the United States to extend the tariff duty on ethanol until December 31, 2010. Directs the Administrator of the Environmental Protection Agency (EPA) to establish a grant program for green school construction and improvement. Sets forth revenue offset provisions, including: (1) a moratorium on earmarks in the 110th Congress; (2) establishment of fees for oil and gas leases in the Gulf of Mexico and user fees for certain food safety and inspection services; (3) a reduction in payments under the Department of Agriculture commodity program; (4) consolidation of Department of Defense exchange stores system; and (5) a limitation of universal service fund support.

To provide a large-scale national effort to improve the state of our national security, economy and environment by providing market incentives to produce and deploy alternative energy solutions and reduce our dependence on foreign oil.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Student Privacy Act of 2014''. SEC. 2. FERPA IMPROVEMENTS. Subsection (b) of section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly referred to as the ``Family Educational Rights and Privacy Act of 1974'') is amended-- (1) by redesignating paragraphs (4) through (7) as paragraphs (8) through (11), respectively; (2) by inserting after paragraph (3) the following: ``(4)(A) No funds shall be made available under any applicable program to any educational agency or institution that has not implemented information security policies and procedures that-- ``(i) protect personally identifiable information from education records maintained by the educational agency or institution; and ``(ii) require each outside party to whom personally identifiable information from education records is disclosed to have information security policies and procedures that include a comprehensive security program designed to protect the personally identifiable information from education records. ``(B) For purposes of this subsection, the term `outside party' means a person that is not an employee, officer, or volunteer of the educational agency or institution or of a Federal, State, or local governmental agency and includes any contractor or consultant acting as a school official or authorized representative or in any other capacity. ``(5) Notwithstanding any other provision of this section or paragraph (2)(A), no funds shall be made available under any applicable program to any educational agency or institution that has a policy or practice of using, knowingly releasing, or otherwise knowingly providing access to personally identifiable information, as described in paragraph (2), in the education records of a student to advertise or market a product or service. ``(6) Each State educational agency receiving funds under an applicable program, and each educational agency or institution, shall ensure that any outside party with access to education records with personally identifiable information complies with the following: ``(A) Any education records that are held by the outside party shall be held in a manner that provides, as directed by the educational agency or institution, parents with-- ``(i) the right to access the personally identifiable information held about their students by the outside party, to the same extent and in the same manner as provided in subsection (a)(1); and ``(ii) a process to challenge, correct, or delete any inaccurate, misleading, or otherwise inappropriate data in any education records of such student that are held by the outside party, through an opportunity for a hearing by the agency or institution providing the outside party with access, in accordance with subsection (a)(2). ``(B) The outside party shall maintain a record of all individuals, agencies, or organizations that have requested or obtained access to the education records of a student held by the outside party, in the same manner as is required under paragraph (8). ``(C) The outside party shall have policies or procedures in place regarding information security practices regarding the education records, in accordance with paragraph (4). ``(7) No funds under any applicable program shall be made available to any educational agency or institution, or any State educational agency, unless the agency or institution has a policy or practice that-- ``(A) promotes data minimization in order to safeguard individual privacy by meeting any request for student information with non-personally identifiable information, if the purpose of any appropriate request can be effectively met with non-personally identifiable information; and ``(B) requires that all personally identifiable information on an individual student held by any outside party be destroyed when the information is no longer needed for the specified purpose.''; and (3) in paragraph (8)(A), as redesignated by paragraph (1)-- (A) by inserting ``who are employees, officers, or volunteers of the agency or institution'' after ``of this subsection''; (B) by striking ``or organizations'' and inserting ``organizations, or outside parties''; (C) by striking ``or organization'' and inserting ``organization, or outside party''; and (D) by inserting ``and will describe the information shared with such person, outside party, agency, or organization'' after ``obtaining this information''.

Protecting Student Privacy Act of 2014 - Amends the Family Educational Rights and Privacy Act of 1974 to prohibit programs administered by the Department of Education from making funds available to any educational agency or institution that has not implemented information security policies that: (1) protect personally identifiable information (PII) from education records, and (2) require each outside party to whom PII from education records is disclosed to have a comprehensive security program to protect such information. Defines "outside party" as a person that is not an employee, officer, or volunteer of the educational agency or institution or of a government agency. Includes within such term any contractor or consultant acting as a school official or authorized representative or in any other capacity. Prohibits such funds from being made available to any educational agency or institution that has a policy or practice of using, releasing, or providing access to PII to advertise or market a product or service. Requires state agencies receiving such funds, and each educational agency or institution, to ensure that any outside party with access to such records: (1) provides parents access to any PII it holds about their students; (2) provides a process to challenge, correct, or delete any inaccurate, misleading, or inappropriate data through a hearing by the agency or institution providing the outside party with access; (3) maintains a record of all individuals, agencies, or organizations that have requested or obtained access to the education records of a student; and (4) has information security procedures in place. Prohibits funds from being made available to any educational agency or institution, or any state educational agency, unless the agency or institution has a practice that: (1) promotes data minimization by meeting requests for student information with non-PII, and (2) requires that PII held by any outside party be destroyed when the information is no longer needed for the specified purpose. Directs educational agencies and institutions to maintain a record of all outside parties which have requested or obtained access to a student's education records. Requires such record to describe the information shared and to indicate specifically the party's legitimate interest in obtaining this information.

Protecting Student Privacy Act of 2014

SECTION 1. GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH LATVIA. Notwithstanding section 203 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1823), the governing international fishery agreement between the Government of the United States of America and the Government of the Republic of Latvia, as contained in the message to Congress from the President of the United States dated February 3, 1998, is approved as a governing international fishery agreement for the purposes of such Act and shall enter into force and effect with respect to the United States on the date of enactment of this Act. SEC. 2. REAUTHORIZATION OF THE NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995. (a) Reauthorization.--Section 211 of the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5610) is amended by striking ``for each of'' and all that follows through the end of the sentence and inserting ``for each fiscal year through fiscal year 2001.''. (b) Miscellaneous Technical Amendments.--The Northwest Atlantic Fisheries Convention Act of 1995 is further amended-- (1) in section 207(e) (16 U.S.C. 5606(e)), by striking ``sections'' and inserting ``section''; (2) in section 209(c) (16 U.S.C. 5608(c)), by striking ``chapter 17'' and inserting ``chapter 171''; and (3) in section 210(6) (16 U.S.C. 5609(6)), by striking ``the Magnuson Fishery'' and inserting ``the Magnuson-Stevens Fishery''. (c) Report Requirement.--The Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 201 et seq.) is further amended by adding at the end the following: ``SEC. 212. ANNUAL REPORT. ``The Secretary shall annually report to the Congress on the activities of the Fisheries Commission, the General Council, the Scientific Council, and the consultative committee established under section 208.''. (d) North Atlantic Fisheries Organization Quota Allocation Practice.--The Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 201 et seq.) is further amended by adding at the end the following: ``SEC. 213. QUOTA ALLOCATION PRACTICE. ``(a) In General.--The Secretary of Commerce, acting through the Secretary of State, shall promptly seek to establish a new practice for allocating quotas under the Convention that-- ``(1) is predictable and transparent; ``(2) provides fishing opportunities for all members of the Organization; and ``(3) is consistent with the Straddling Fish Stocks Agreement. ``(b) Report.--The Secretary of Commerce shall include in annual reports under section 212-- ``(1) a description of the results of negotiations held pursuant to subsection (a); ``(2) an identification of barriers to achieving such a new allocation practice; and ``(3) recommendations for any further legislation that is necessary to achieve such a new practice. ``(c) Definition.--In this section the term `Straddling Fish Stocks Agreement' means the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.''. SEC. 3. REAUTHORIZATION OF THE ATLANTIC TUNAS CONVENTION ACT OF 1975. (a) Reauthorization.--Section 10(4) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971h(4)) is amended by striking ``For fiscal year 1998,'' and inserting ``For each of fiscal years 1998, 1999, 2000, and 2001,''. (b) Miscellaneous Technical Amendments.--(1) The Atlantic Tunas Convention Act of 1975 is further amended-- (A) in section 2 (16 U.S.C. 971), by redesignating the second paragraph (4) as paragraph (5); (B) in section 5(b) (16 U.S.C. 971c(b)), by striking ``fisheries zone'' and inserting ``exclusive economic zone''; (C) in section 6(c)(6) (16 U.S.C. 971d(c)(6))-- (i) by designating the last sentence as subparagraph (B), and by indenting the first line thereof; and (ii) in subparagraph (A)(iii), by striking ``subparagraph (A)'' and inserting ``clause (i)''; (D) by redesignating the first section 11 (16 U.S.C. 971 note) as section 13, and moving that section so as to appear after section 12 of that Act; (E) by amending the style of the heading and designation for each of sections 11 and 12 so as to conform to the style of the headings and designations of the other sections of that Act; and (F) by striking ``Magnuson Fishery'' each place it appears and inserting ``Magnuson-Stevens Fishery''. (2) Section 3(b)(3)(B) of the Act of September 4, 1980 (Public Law 96-339; 16 U.S.C. 971i(b)(3)(B)), is amended by inserting ``of 1975'' after ``Act''. SEC. 4. AUTHORITY OF STATES OF WASHINGTON, OREGON, AND CALIFORNIA TO MANAGE DUNGENESS CRAB FISHERY. (a) In General.--Subject to the provisions of this section and notwithstanding section 306(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1856(a)), each of the States of Washington, Oregon, and California may adopt and enforce State laws and regulations governing fishing and processing in the exclusive economic zone adjacent to that State in any Dungeness crab (Cancer magister) fishery for which there is no fishery management plan in effect under that Act. (b) Requirements for State Management.--Any law or regulation adopted by a State under this section for a Dungeness crab fishery-- (1) except as provided in paragraph (2), shall apply equally to vessels engaged in the fishery in the exclusive economic zone and vessels engaged in the fishery in the waters of the State, and without regard to the State that issued the permit under which a vessel is operating; (2) shall not apply to any fishing by a vessel in exercise of tribal treaty rights; and (3) shall include any provisions necessary to implement tribal treaty rights pursuant to the decision in United States v. Washington, D.C. No. CV-70-09213. (c) Limitation on Enforcement of State Limited Access Systems.--Any law of the State of Washington, Oregon, or California that establishes or implements a limited access system for a Dungeness crab fishery may not be enforced against a vessel that is otherwise legally fishing in the exclusive economic zone adjacent to that State and that is not registered under the laws of that State, except a law regulating landings. (d) State Permit or Treaty Right Required.--No vessel may harvest or process Dungeness crab in the exclusive economic zone adjacent to the State of Washington, Oregon, or California, except as authorized by a permit issued by any of those States or pursuant to any tribal treaty rights to Dungeness crab pursuant to the decision in United States v. Washington, D.C. No. CV-70-09213. (e) State Authority Otherwise Preserved.--Except as expressly provided in this section, nothing in this section reduces the authority of any State under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) to regulate fishing, fish processing, or landing of fish. (f) Termination of Authority.--The authority of the States of Washington, Oregon, and California under this section with respect to a Dungeness crab fishery shall expire on the effective date of a fishery management plan for the fishery under the Magnuson-Stevens Fishery Conservation and Management Act. (g) Repeal.--Section 112(d) of Public Law 104-297 (16 U.S.C. 1856 note) is repealed. (h) Definitions.--The definitions set forth in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) shall apply to this section. Passed the House of Representatives August 3, 1998. Attest: Clerk.

Approves a specified international fishery agreement between the United States and the Republic of Latvia. Extends the authorization of appropriations for the Northwest Atlantic Fisheries Convention Act of 1995. Mandates an annual report to the Congress on the activities of the Fisheries Commission, the General Council, the Scientific Council, and the consultative committee. Directs the Secretary of Commerce to seek to establish a new practice for allocating quotas under the Convention that is predictable and transparent, provides fishing opportunities for all members of the Northwest Atlantic Fisheries Organization, and is consistent with the Straddling Fish Stocks Agreement. Amends the Atlantic Tunas Convention Act of 1975 to authorize appropriations to carry out the Act. Authorizes the States of Washington, Oregon, and California to adopt and enforce State laws (meeting specified requirements) governing fishing and processing in the Exclusive Economic Zone adjacent to that State in any Dungeness crab fishery for which there is no fishery management plan in effect. Prohibits any vessel from harvesting or processing Dungeness crab in those areas except as authorized by a permit issued by any of those States or under certain tribal treaty rights. Repeals existing provisions, scheduled to expire on October 1, 1999, regarding State regulation of that fishery.

To approve a governing international fishery agreement between the United States and the Republic of Latvia, and for other purposes.

SECTION 1. FINDINGS. Congress finds the following: (1) The Arab League's trade boycott of the State of Israel is inconsistent with World Trade Organization's (WTO) principle of nondiscrimination. (2) Trade boycotts of the State of Israel are a barrier to better relations between Israel and nations of the Arab League. (3) It has been the long-standing policy of the United States to oppose the enforcement of trade boycotts of Israel. (4) Many members of the World Trade Organization continue to enforce the primary trade boycott of the State of Israel. Other WTO members continue to enforce the secondary and tertiary trade boycott of the State of Israel. (5) Taxpayers are required to report requests to participate in or cooperate with an international boycott. Section 999 of the Internal Revenue Code of 1986 requires the Secretary of the Treasury to keep a list of countries which require or may require participation in, or cooperation with, a trade boycott of Israel. Currently, the list of countries which require or may require participation in a trade boycott of Israel includes Kuwait, Lebanon, Libya, Qatar, Saudi Arabia, Syria, the United Arab Emirates, and the Republic of Yemen. (6) In 2005, during negotiations for the accession of the Kingdom of Saudi Arabia to the World Trade Organization (WTO), the United States received assurances from the Kingdom of Saudi Arabia that, upon accession, ``WTO rules will apply between Saudi Arabia and all current members'' which includes Israel. Further, the United States received assurances that ``Saudi Arabia is legally obligated to provide most-favored nation treatment to all WTO Members, including Israel. Any government sanctioned activity on the Boycott [of Israel] would be a violation of Saudi Arabia's obligations and subject to dispute settlement. This legal obligation cannot be changed.''. (7) The United States Trade Representative reports annually on the Arab League's trade boycott of Israel under the National Trade Estimate report but that reporting on trade boycotts of Israel can be improved through additional reporting requirements. (8) Greater transparency and more comprehensive reporting will assist United States taxpayers in complying with United States law and policy regarding trade boycotts of Israel. (9) Improved reporting will enhance efforts to end all trade boycotts of Israel and allow progress on ending such boycotts to be better measured. (10) Taking steps to improve transparency with respect to the boycott of Israel can serve the United States goal of the elimination of the trade boycott of Israel. Fostering increased trade and investment ties between Israel and the countries of the greater Middle East can encourage stronger ties and greater understanding among the peoples of the Middle East. SEC. 2. STATEMENT OF POLICY. Congress reaffirms its opposition to trade boycotts of Israel and calls on the President to take stronger steps to end all trade boycotts of Israel. SEC. 3. NATIONAL TRADE ESTIMATE REPORTING REQUIREMENT. Section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)) is amended by adding at the end the following: ``(4) Report on the boycott of israel.-- ``(A) In general.--The United States Trade Representative shall include in each report submitted under paragraph (1) a list of each country that participates in any trade boycott of Israel. With respect to each country identified as participating in a formal or informal trade boycott of the State of Israel, the United States Trade Representative shall report on a country-specific basis the following: ``(i) Whether the country is a participant in the Arab League boycott or any other boycott of Israel including any boycott sponsored by the Arab League or the Organization of Islamic Conference. ``(ii) Whether any officials of the boycotting country have attended any Arab League or Organization of the Islamic Conference boycott meetings in any official or unofficial capacity during the year preceding the submission of the report. ``(iii) Whether the boycotting country maintains a government office with responsibility for enforcement of a boycott of Israel. ``(iv) Whether the boycotting country has laws enforcing a boycott of Israel or otherwise prohibiting Israeli origin goods from entering its territories and a summary of those laws. ``(v) Whether the boycotting country has recently changed its domestic boycott laws or regulations with respect to either strengthening or eliminating the boycott. ``(vi) Whether a country's laws or practices with respect to a boycott of Israel are of a nature that they may lead a taxpayer to reasonably conclude that the taxpayer would be required to report a request to participate in or cooperate with the boycott to the Secretary of the Treasury pursuant to section 999 of the Internal Revenue Code of 1986. ``(vii) Whether a country encourages or otherwise condones, through government- sponsored actions, an unofficial boycott of goods of Israeli origin, including consumer marketing campaigns directed against the purchase of goods of Israeli origin. ``(viii) Whether a country's formal or informal boycott practices have had an identifiable impact on United States exports of goods that have Israeli content. ``(ix) Whether a country's formal or informal boycott practices have had an identifiable impact on United States businesses with operations or investments in Israel. ``(B) Other information.--The United States Trade Representative shall include in the National Trade Estimate a report on any steps taken by the United States at the World Trade Organization or other international fora to end the trade boycott of the State of Israel.''.

Reaffirms congressional opposition to trade boycotts of Israel and calls on the President to take stronger steps to end all trade boycotts of Israel. Amends the Trade Act of 1974 to direct the United States Trade Representative to include in: (1) the annual trade barrier report a list of each country (and specified boycott-related information about such country) that participates in any trade boycott of Israel; and (2) the National Trade Estimate a report on U.S. steps taken at the World Trade Organization (WTO) or other international fora to end the trade boycott of Israel.

To enhance the reporting requirements on the status of the Arab League trade boycott of Israel and other trade boycotts of Israel.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Education for Girls and Boys Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) our Nation's schools are struggling to maintain an environment that is conducive to learning and that fairly educates girls and boys; (2) recent studies show that women continue to be underrepresented in careers in mathematical and scientific fields because those fields are stereotyped as male professions; (3) because girls and young women are influenced at an early age in making career choices, effective gender equity training must occur in order to change the disparities in mathematics and science achievement between girls and boys; (4) a fundamental prerequisite for an effective learning environment is that such environment be free from sexual harassment and abuse as such harassment and abuse has a measured impact on our children's school attendance, concentration and class participation; and (5) the Federal Government has an important role in eliminating sexual harassment and abuse in our Nation's schools, and providing a productive learning environment for all students by encouraging education programs that include training and technical assistance. SEC. 3. PURPOSE. It is the purpose of this Act-- (1) to enrich the quality of mathematics and science education by encouraging gender-fair training, practices and policies; (2) to assist schools to eliminate sexual harassment and abuse and to develop a safe and healthy learning environment; and (3) to improve overall instruction and training in all federally funded education programs by increasing awareness of the need for gender equity in education. TITLE I--GENDER EQUITY IN MATHEMATICS AND SCIENCE EDUCATION SEC. 101. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. Section 2006 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2986) is amended-- (1) in paragraph (1) of subsection (b)-- (A) in subparagraph (B), by inserting ``and female'' after ``of minority''; (B) in subparagraph (D), by striking ``or'' after the semicolon; (C) in subparagraph (E), by striking the period and inserting a semicolon; and (D) by adding at the end the following new subparagraphs: ``(F) preservice and inservice training, and retraining, of teachers and other school personnel in gender-equitable instruction in mathematics and science; or ``(G) providing funds for grant projects to provide career counseling, special instructional activities, and other targeted intervention and followup programs to encourage historically underserved students to participate fully in mathematics and science programs.''; and (2) in paragraph (3) of subsection (c), by inserting ``, including informal education such as programs sponsored by community-based organizations,'' after ``special projects''. SEC. 102. STATE APPLICATION. Subparagraph (H) of section 2008(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2988(b)(2)(H)) is amended by inserting ``, sex and race or ethnicity'' after ``statistics on the number''. SEC. 103. FEDERAL ADMINISTRATION. Subsection (c) of section 2011 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2991(c)) is amended by adding at the end the following new sentence: ``Whenever feasible, such data shall be collected, cross-tabulated, and reported by sex according to race or ethnicity and socioeconomic status.''. SEC. 104. NATIONAL PROGRAMS. (a) National Clearinghouse.--Paragraph (4) of section 2012(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2992(d)(4)) is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) in subparagraph (D), by striking the period and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(E) disseminate gender equity teacher training models of proven effectiveness, and provide leadership training for girls and young women.''. (b) Model Programs.--Paragraph (3) of section 2012(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2992(e)(3)) is amended-- (1) in subparagraph (D), by striking ``and'' after the semicolon; (2) in subparagraph (E), by striking the period and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) achieve gender equity both in access to a computer-use program and in the teaching practices used in such program.''. SEC. 105. REGIONAL CONSORTIA USE OF FUNDS. Section 2017 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2994a) is amended-- (1) in paragraph (15), by striking ``and'' after the semicolon; (2) in paragraph (16), by striking the period and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(17) disseminate gender equity teacher training models of proven effectiveness, and provide leadership training for girls and young women.''. SEC. 106. PROGRAMS FOR COMPUTER-BASED INSTRUCTION. Subsection (b) of section 4604 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3154(b)) is amended-- (1) in paragraph (2), by striking ``or'' after the semicolon; (2) by redesignating paragraph (3) as paragraph (5); and (3) by inserting after paragraph (2) the following new paragraphs: ``(3) model programs to eliminate sex-role stereotyping and gender bias in computer-based instruction; ``(4) evaluation of the degree of gender equity in the computer education resources assisted under this section; or''. TITLE II--ELIMINATION OF SEXUAL HARASSMENT AND ABUSE SEC. 201. DEFINITIONS. Subparagraph (C) of section 1471(7) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(7)(C)) is amended-- (1) in the matter preceding clause (i)-- (A) by striking ``effective school''; and (B) by striking ``schools--'' and inserting ``schools:''; and (2) in clause (iii), by inserting ``, including an environment free from sexual harassment and abuse,'' after ``environment''. SEC. 202. TARGETED USE OF FUNDS. Subsection (b) of section 1531 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2942(b)) is amended-- (1) in paragraph (6), by striking ``and'' after the semicolon; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: ``(7) programs of training, technical assistance, and education that are designed to eliminate sexual harassment and abuse in schools; and''. SEC. 203. EFFECTIVE SCHOOLS. Paragraph (3) of section 1542 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2952(3)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``effective schools''; and (2) in subparagraph (C), by inserting ``, including an environment free from sexual harassment and abuse,'' after ``environment''. SEC. 204. WOMEN'S EDUCATIONAL EQUITY. Paragraph (1) of section 4002(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3042(a)(1)) is amended-- (1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and (2) by inserting after subparagraph (D) the following new subparagraph: ``(E) the development and implementation of programs that address sexual harassment and violence in order to ensure that educational institutions are free from threats to the safety and the well-being of students and employees;''. SEC. 205. PROGRAMS FOR THE IMPROVEMENT OF COMPREHENSIVE SCHOOL HEALTH EDUCATION. Subsection (b) of section 4605 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3155(b)) is amended-- (1) by redesignating paragraphs (7), (8), (9), and (10) as paragraphs (10), (11), (12), and (13), respectively; and (2) by inserting after paragraph (6) the following new paragraphs: ``(7) sexual harassment and assault; ``(8) depression and suicide; ``(9) eating disorders;''.

TABLE OF CONTENTS: Title I: Gender Equity in Mathematics and Science Education Title II: Elimination of Sexual Harassment and Abuse Fairness in Education for Girls and Boys Act of 1993 - Title I: Gender Equity in Mathematics and Science Education - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise the Eisenhower Mathematics and Science Education program with respect to: (1) grants to higher education institutions for elementary and secondary mathematics and science programs of school teacher training in gender-equitable instruction, targeted intervention and followup to encourage historically underserved students, and community-based informal education for historically underserved and underrepresented students; (2) State application statistics on sex and race (or ethnicity) of students and teachers involved; (3) Federal model standards for reporting data by sex within race (or ethnicity) and socioeconomic status; and (4) model program grant priority for gender equity in computer use and teaching practices; and (5) national clearinghouse information dissemination; (6) regional consortia use of funds; and (7) programs for computer-based instruction. Title II: Elimination of Sexual Harassment and Abuse - Amends ESEA to make an environment free from sexual harassment and abuse a distinguishing feature of effective schools. Adds to certain targeted uses of funds certain programs of training, technical assistance, and education designed to eliminate sexual harassment and abuse in schools. Adds programs to address sexual harassment and violence as part of efforts to ensure that educational institutions are free from threats to student and employee safety (among programs which may receive Women's Educational Equity assistance). Includes the areas of sexual harassment and assault, depression and suicide, and eating disorders among those for which grants for comprehensive school health education may be used.

Fairness in Education for Girls and Boys Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Derivatives Limitations Act of 1994''. SEC. 2. INSURED DEPOSITORY INSTITUTIONS. The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the following new section: ``SEC. 44. DERIVATIVE INSTRUMENTS. ``(a) Derivatives Activities.-- ``(1) General prohibition.--Except as provided in paragraph (2), neither an insured depository institution, nor any affiliate thereof, may purchase, sell, or engage in any transaction involving a derivative financial instrument for the account of that institution or affiliate. ``(2) Exceptions.-- ``(A) Hedging transactions.--An insured depository institution may purchase, sell, or engage in hedging transactions to the extent that such activities are approved by rule, regulation, or order of the appropriate Federal banking agency issued in accordance with paragraph (3). ``(B) Separately capitalized affiliate.--A separately capitalized affiliate of an insured depository institution that is not itself an insured depository institution may purchase, sell, or engage in a transaction involving a derivative financial instrument if such affiliate complies with all rules, regulations, or orders of the appropriate Federal banking agency issued in accordance with paragraph (3). ``(C) De minimis interests.--An insured depository institution may purchase, sell, or engage in transactions involving de minimis interests in derivative financial instruments for the account of that institution to the extent that such activity is defined and approved by rule, regulation, or order of the appropriate Federal banking agency issued in accordance with paragraph (3). ``(D) Existing interests.--During the 3-month period beginning on the date of enactment of this section, nothing in this section shall be construed-- ``(i) as affecting an interest of an insured depository institution in any derivative financial instrument which existed on the date of enactment of this section; or ``(ii) as restricting the ability of the institution to acquire reasonably related interests in other derivative financial instruments for the purpose of resolving or terminating an interest of the institution in any derivative financial instrument which existed on the date of enactment of this section. ``(3) Issuance of rules, regulations, and orders.--The appropriate Federal banking agency shall issue appropriate rules, regulations, and orders governing the exceptions provided for in paragraph (2), including-- ``(A) appropriate public notice requirements; ``(B) a requirement that any affiliate described in subparagraph (B) of paragraph (2) shall clearly and conspicuously notify the public that none of the assets of the affiliate, nor the risk of loss associated with the transaction involving a derivative financial instrument, are insured under Federal law or otherwise guaranteed by the Federal Government or the parent company of the affiliate; and ``(C) any other requirements that the appropriate Federal banking agency considers appropriate. ``(b) Definitions.--For purposes of this section-- ``(1) the term `derivative financial instrument' means-- ``(A) an instrument the value of which is derived from the value of stocks, bonds, other loan instruments, other assets, interest or currency exchange rates, or indexes, including qualified financial contracts (as defined in section 11(e)(8)); and ``(B) any other instrument that an appropriate Federal banking agency determines, by regulation or order, to be a derivative financial instrument for purposes of this section; and ``(2) the term `hedging transaction' means any transaction involving a derivative financial instrument if-- ``(A) such transaction is entered into in the normal course of the institution's business primarily-- ``(i) to reduce risk of price change or currency fluctuations with respect to property which is held or to be held by the institution; or ``(ii) to reduce risk of interest rate or price changes or currency fluctuations with respect to loans or other investments made or to be made, or obligations incurred or to be incurred, by the institution; and ``(B) before the close of the day on which such transaction was entered into (or such earlier time as the appropriate Federal banking agency may prescribe by regulation), the institution clearly identifies such transaction as a hedging transaction.''. SEC. 3. INSURED CREDIT UNIONS. Title II of the Federal Credit Union Act (12 U.S.C. 1781 et seq.) is amended by adding at the end the following new section: ``SEC. 215. DERIVATIVE INSTRUMENTS. ``(a) Derivative Activities.--Except as provided in subsection (b), neither an insured credit union, nor any affiliate thereof, may purchase, sell, or engage in any transaction involving a derivative financial instrument. ``(b) Applicability of Section 44 of the Federal Deposit Insurance Act.--Section 44 of the Federal Deposit Insurance Act shall apply with respect to insured credit unions and affiliates thereof and to the Board in the same manner that such section applies to insured depository institutions and affiliates thereof (as those terms are defined in section 3 of that Act) and shall be enforceable by the Board with respect to insured credit unions and affiliates under this Act. ``(c) Derivative Financial Instrument.--For purposes of this section, the term `derivative financial instrument' means-- ``(1) an instrument the value of which is derived from the value of stocks, bonds, other loan instruments, other assets, interest or currency exchange rates, or indexes, including qualified financial contracts (as defined in section 207(c)(8)(D)); and ``(2) any other instrument that the Board determines, by regulation or order, to be a derivative financial instrument for purposes of this section.''. SEC. 4. BANK HOLDING COMPANIES. Section 3 of the Bank Holding Company Act of 1956 (12 U.S.C. 1842) is amended by adding at the end the following new subsection: ``(h) Derivatives Activities.-- ``(1) In general.--A subsidiary of a bank holding company may purchase, sell, or engage in any transaction involving a derivative financial instrument for the account of that subsidiary if it-- ``(A) is not an insured depository institution or a subsidiary of an insured depository institution; and ``(B) is separately capitalized from any affiliated insured depository institution. ``(2) Applicability of section 44 of the federal deposit insurance act.--Section 44 of the Federal Deposit Insurance Act shall apply with respect to bank holding companies and the Board in the same manner that those such subsections apply to an insured depository institution (as defined in section 3 of that Act) and shall be enforceable by the Board with respect to bank holding companies under this Act. ``(3) Derivative financial instrument.--For purposes of this subsection, the term `derivative financial instrument' means-- ``(A) an instrument the value of which is derived from the value of stocks, bonds, other loan instruments, other assets, interest or currency exchange rates, or indexes, including qualified financial contracts (as defined in section 207(c)(8)(D)); and ``(B) any other instrument that the Board determines, by regulation or order, to be a derivative financial instrument for purposes of this subsection.''.

Derivatives Limitations Act of 1994 - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to prohibit an insured depository institution or credit union (including its affiliates) from engaging in any transaction for its own account which involves derivative financial instruments. Exempts from this prohibition specified transactions conducted in compliance with certain Federal banking agency regulations. Directs the Federal banking agencies to promulgate regulations governing such exceptions, including conspicuous public disclosure by affiliates that their assets and the risk of loss associated with derivatives transactions are neither federally insured nor guaranteed by the affiliate's parent company. Amends the Bank Holding Company Act of 1956 to permit a subsidiary of a bank holding company to engage in derivatives transactions for its account if: (1) it is neither an insured depository institution nor a subsidiary of one; and (2) it is separately capitalized from any affiliated insured depository institution.

Derivatives Limitations Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Nutrition Equity Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Specialized food is often medically necessary for the safe and effective management of many digestive and inherited metabolic disorders that impact digestion, absorption, and metabolism of nutrients. (2) Although medically necessary food is essential for patients, it is often expensive and not uniformly reimbursed by health insurance, leaving many families with an insurmountable financial burden. (3) As a result, many patients who cannot afford medically necessary food may experience adverse health consequences from suboptimal disease management, including hospitalization, intellectual impairment, behavioral dysfunction, inadequate growth, nutrient deficiencies, and even death. SEC. 3. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS FOR DIGESTIVE AND INHERITED METABOLIC DISORDERS UNDER FEDERAL HEALTH PROGRAMS AND PRIVATE HEALTH INSURANCE. (a) Coverage Under the Medicare Program.-- (1) Medically necessary food.-- (A) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (i) in subparagraph (FF), by striking ``and'' at the end; (ii) in subparagraph (GG), by inserting ``and'' at the end; and (iii) by adding at the end the following new subparagraph: ``(HH) medically necessary food (as defined in subsection (jjj)) and the medical equipment and supplies necessary to administer such food (other than medical equipment and supplies described in subsection (n));''. (B) Definition.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Medically Necessary Food ``(jjj)(1) Subject to paragraph (2), the term `medically necessary food' means food, including a low protein modified food product and an amino acid preparation product, that is-- ``(A) furnished pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation, for the dietary management of a covered disease or condition; ``(B) a specially formulated and processed product (as opposed to a naturally occurring foodstuff used in its natural state) for the partial or exclusive feeding of an individual by means of oral intake or enteral feeding by tube; ``(C) intended for the dietary management of an individual who, because of therapeutic or chronic medical needs, has limited or impaired capacity to ingest, digest, absorb, or metabolize ordinary foodstuffs or certain nutrients, or who has other special medically determined nutrient requirements, the dietary management of which cannot be achieved by the modification of the normal diet alone; ``(D) intended to be used under medical supervision, which may include in a home setting; and ``(E) intended only for an individual receiving active and ongoing medical supervision wherein the individual requires medical care on a recurring basis for, among other things, instructions on the use of the food. ``(2) For purposes of paragraph (1), the term `medically necessary food' does not include the following: ``(A) Foods taken as part of an overall diet designed to reduce the risk of a disease or medical condition or as weight loss products, even if they are recommended by a physician or other health professional. ``(B) Foods marketed as gluten-free for the management of celiac disease or non-celiac gluten sensitivity. ``(C) Foods marketed for the management of diabetes. ``(D) Other products determined appropriate by the Secretary. ``(3) In this subsection, the term `covered disease or condition' means the following diseases or conditions: ``(A) Inherited metabolic disorders, including the following: ``(i) Disorders classified as metabolic disorders on the Recommended Uniform Screening Panel Core Conditions list of the Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children. ``(ii) N-acetyl glutamate synthase deficiency. ``(iii) Ornithine transcarbamlyase deficiency. ``(iv) Carbamoyl phosphate synthestase deficiency. ``(v) Inherited disorders of mitochondrial functioning. ``(B) Medical and surgical conditions of malabsorption, including the following: ``(i) Impaired absorption of nutrients caused by disorders affecting the absorptive surface, functional length, and motility of the gastrointestinal tract, including short bowel syndrome and chronic intestinal pseudo-obstruction. ``(ii) Malabsorption due to liver or pancreatic disease. ``(C) Immunoglobulin E and non-Immunoglobulin E-mediated allergies to food proteins, including the following: ``(i) Immunoglobulin E and non-Immunoglobulin E- mediated allergies to food proteins. ``(ii) Food protein-induced enterocolitis syndrome. ``(iii) Eosinophilic disorders, including eosinophilic esophagitis, eosinophilic gastroenteritis, eosinophilic colitis, and post-transplant eosinophilic disorders. ``(D) Inflammatory or immune mediated conditions of the alimentary tract, including the following: ``(i) Inflammatory bowel disease, including Crohn's disease, ulcerative colitis, and indeterminate colitis. ``(ii) Gastroesophageal reflux disease that is nonresponsive to standard medical therapies. ``(E) Any other disease or condition determined appropriate by the Secretary. ``(4) In this subsection, the term ` low protein modified food product' means a product formulated to have less than one gram of protein per serving.''. (C) Payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and'' before ``(BB)''; and (ii) by inserting before the semicolon at the end the following: ``, and (CC) with respect to medically necessary food (as defined in section 1861(jjj)), the amount paid shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary for purposes of this subparagraph.''. (D) Effective date.--The amendments made by this subsection shall apply to items and services furnished on or after the date that is 1 year after the date of the enactment of this Act. (2) Inclusion of medically necessary vitamins as a covered part d drug.-- (A) In general.--Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-102(e)(1)) is amended-- (i) in subparagraph (A), by striking ``or'' at the end; (ii) in subparagraph (B), by striking the comma at the end and inserting ``; or''; and (iii) by inserting after subparagraph (B) the following new subparagraph: ``(C) medically necessary vitamins used for the management of a covered disease or condition (as defined in section 1861(jjj)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation,''. (B) Effective date.--The amendments made by subparagraph (A) shall apply to plan years beginning on or after the date that is 1 year after the date of the enactment of this Act. (b) Coverage Under the Medicaid Program.-- (1) In general.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (A) in paragraph (28), by striking ``and'' at the end; (B) by redesignating paragraph (29) as paragraph (31); and (C) by inserting after paragraph (28) the following new paragraphs: ``(29) medically necessary food (as defined in section 1861(jjj)) and the medical equipment and supplies necessary to administer such food; ``(30) medically necessary vitamins used for the management of a covered disease or condition (as defined in section 1861(jjj)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation; and''. (2) Conforming amendments.-- (A) Mandatory benefits.--Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, in the matter preceding clause (i), by striking ``and (28)'' and inserting ``(28), (29), and (30)''. (B) Exception to coverage restriction.--Section 1927(d)(2)(E) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)(E)) is amended by inserting ``and except for medically necessary vitamins described in section 1905(a)(30)'' before the period at the end. (3) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of the enactment of this Act. (B) Exception to effective date if state legislation required.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this subsection, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before 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 the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (c) Coverage Under CHIP.-- (1) In general.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following: ``(9) Medically necessary food.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary food (as defined in section 1861(jjj)) and the medical equipment and supplies necessary to administer such food. ``(10) Certain vitamins.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary vitamins used for the management of a covered disease or condition (as defined in section 1861(jjj)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation.''. (2) Conforming amendment.--Section 2103(a) of the Social Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter preceding paragraph (1), by striking ``and (7)'' and inserting ``(7), (9), and (10)''. (3) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of the enactment of this Act. (B) Exception to effective date if state legislation required.--In the case of a State child health plan for child health assistance under title XXI of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this subsection, the State child health plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before 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 the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (d) Modification of Diseases and Conditions Covered Under TRICARE Program.--Section 1077(h)(3) of title 10, United States Code, is amended-- (1) in subparagraph (D), by striking ``and''; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following: ``(E) Immunoglobulin E or non-Immunoglobulin E mediated allergies to food proteins.''. (e) Coverage Under FEHBP.-- (1) In general.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p) A contract for a plan under this chapter shall require the carrier to provide coverage for-- ``(1) medically necessary food (as defined in section 1861(jjj) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and ``(2) medically necessary vitamins in the same manner provided for under section 1860D-2(e)(1)(C) of the Social Security Act.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to contract years beginning on or after the date that is 1 year after the date of enactment of this Act. (f) Coverage Under Private Health Insurance.-- (1) In general.--Subpart II of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is amended by adding at the end the following: ``SEC. 2729. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS. ``A health insurance issuer offering group or individual health insurance coverage shall provide coverage for-- ``(1) medically necessary food (as defined in section 1861(jjj) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and ``(2) medically necessary vitamins in the same manner provided for under section 1860D-2(e)(1)(C) of the Social Security Act.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to plan years beginning on or after the date that is 1 year after the date of the enactment of this Act.

Medical Nutrition Equity Act of 2017 This bill provides for coverage, under Medicare, Medicaid, other specified federal health-care programs, and private health insurance, of foods and vitamins that are medically necessary for the management of certain digestive and metabolic disorders and conditions.

Medical Nutrition Equity Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crop Insurance Subsidy Reduction Act of 2013''. SEC. 2. REDUCTION IN SHARE OF CROP INSURANCE PREMIUM PAID BY FEDERAL CROP INSURANCE CORPORATION. Section 508(e)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(2)) is amended-- (1) in subparagraph (B)(i), by striking ``67'' and inserting ``55''; (2) in subparagraph (E)(i), by striking ``55'' and inserting ``24''; (3) in subparagraph (F)(i), by striking ``48'' and inserting ``17''; (4) in subparagraph (G)(i), by striking ``38'' and inserting ``13''; (5) by redesignating subparagraphs (C) through (G) as subparagraphs (G) through (K), respectively; and (6) by inserting after subparagraph (B) the following: ``(C) In the case of additional coverage equal to or greater than 55 percent, but less than 60 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of-- ``(i) 46 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and ``(ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses. ``(D) In the case of additional coverage equal to or greater than 60 percent, but less than 65 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of-- ``(i) 38 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and ``(ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses. ``(E) In the case of additional coverage equal to or greater than 65 percent, but less than 70 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of-- ``(i) 42 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and ``(ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses. ``(F) In the case of additional coverage equal to or greater than 70 percent, but less than 75 percent, of the recorded or appraised average yield indemnified at not greater than 100 percent of the expected market price, or a comparable coverage for a policy or plan of insurance that is not based on individual yield, the amount shall be equal to the sum of-- ``(i) 32 percent of the amount of the premium established under subsection (d)(2)(B)(i) for the coverage level selected; and ``(ii) the amount determined under subsection (d)(2)(B)(ii) for the coverage level selected to cover operating and administrative expenses.''. SEC. 3. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Crop Insurance Subsidy Reduction Act of 2013 - Amends the Federal Crop Insurance Act to reduce crop insurance premium subsidy rates.

Crop Insurance Subsidy Reduction Act of 2013

SECTION 1. CREDIT FOR NEW QUALIFIED PLUG-IN HYBRID MOTOR VEHICLES. (a) In General.--Subparagraph (A) of section 30B(d)(2) of the Internal Revenue Code of 1986 (relating to credit amount for passenger automobiles and light trucks) is amended to read as follows: ``(A) Credit amount for passenger automobiles and light trucks.-- ``(i) In general.--In the case of a new qualified hybrid motor vehicle (other than a new qualified plug-in hybrid motor vehicle) which is a passenger automobile or light truck and which has a gross vehicle weight rating of not more than 8,500 pounds, the amount determined under this paragraph is the sum of the amounts determined under subclauses (I) and (II). ``(I) Fuel economy.--The amount determined under this subclause is the amount which would be determined under subsection (c)(2)(A) if such vehicle were a vehicle referred to in such subsection. ``(II) Conservation credit.--The amount determined under this subclause is the amount which would be determined under subsection (c)(2)(B) if such vehicle were a vehicle referred to in such subsection. ``(ii) New qualified plug-in hybrid motor vehicles.--In the case of a new qualified plug- in hybrid motor vehicle which is a passenger automobile or light truck and which has a gross vehicle weight rating of not more than 8,500 pounds, the amount determined under this paragraph is the sum of the amounts determined under subclauses (I), (II), and (III). ``(I) Base amount.--The amount determined under this subclause is $3,000. ``(II) Flexible fuel.--In the case of a vehicle which is warrantied by its manufacturer to operate on a fuel described in section 30C(c)(1)(A), the amount determined under this subclause is $150. ``(III) Power of traction battery.--In the case of vehicle which draws propulsion energy from a traction battery of not less than 5 kWh, the amount determined under this subclause is $500, plus $250 for each kWh that such battery exceeds 5 kWh. The amount determined under this subclause shall not exceed $3,000.''. (b) New Qualified Plug-In Hybrid Motor Vehicle.--Subsection (d) of section 30B of such Code is amended by adding at the end the following new paragraph: ``(4) New qualified plug-in hybrid motor vehicle.--For purposes of this subsection, the term `new qualified plug-in hybrid motor vehicle' means any new qualified hybrid motor vehicle which-- ``(A) meets or exceeds the Bin 5 Tier II emission standard established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle, ``(B) draws propulsion energy from a traction battery of not less than 4 kWh, and ``(C) is equipped with a means of recharging its rechargeable energy storage system from an external source of electricity.''. (c) Application of Limitation on Number of Hybrids Eligible for Credit.-- (1) In general.--Subsection (f) of section 30B of such Code is amended by adding at the end the following new paragraph: ``(6) Separate application to new qualified plug-in hybrid motor vehicles.--In the case of a new qualified plug-in hybrid motor vehicle, this subsection shall be applied-- ``(A) separately with respect to such vehicles by treating only new qualified plug-in hybrid motor vehicles as qualified vehicles, ``(B) by substituting `100,000' for `60,000' in paragraph (2), and ``(C) by substituting `the date of the enactment of paragraph (6)' for `December 31, 2005' in paragraph (2).''. (2) Conforming amendment.--Paragraph (5) of section 30B(f) of such Code is amended by inserting ``other than a new qualified plug-in hybrid motor vehicle'' after ``subsection (d)(2)(A)''. (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, in taxable years ending after such date.

Amends the Internal Revenue Code to allow an alternative motor vehicle tax credit for new qualified plug-in hybrid motor vehicles. Defines such a vehicle as any new qualified hybrid motor vehicle that: (1) is a passenger automobile or light truck with a gross vehicle weight rating of not more than 8,500 pounds; (2) meets or exceeds the Bin 5 Tier II emission standard established by the Environmental Protection Agency; (3) draws propulsion energy from a traction battery of not less than 4 kWh; and (4) is equipped with a means of recharging its energy storage system from an external source of electricity.

To amend the Internal Revenue Code of 1986 to provide a tax credit for new qualified plug-in hybrid motor vehicles.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Disease Reporting and Oversight Act of 2013''. SEC. 2. REQUIREMENT THAT VETERANS HEALTH ADMINISTRATION REPORT CASES OF INFECTIOUS DISEASES AT FACILITIES OF THE ADMINISTRATION. (a) In General.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7330B. Reporting of infectious diseases ``(a) Reporting.--(1) Except as provided in paragraph (2), not later than 24 hours after the director of a Veterans Integrated Service Network confirms the presence of a notifiable infectious disease at a facility under the jurisdiction of the director, the director shall submit notice of such presence to the following: ``(A) The Central Office of the Department. ``(B) The Director of the Centers for Disease Control and Prevention. ``(C) The State in which the facility is located and if the State has an agency or department that handles matters relating to such notifiable infectious disease, the head of such agency or department. ``(D) The county in which the facility is located and if the county has an agency or department that handles matters relating to such notifiable infectious disease, the head of such agency or department. ``(E) For each individual who has contracted the notifiable infectious disease at the facility or is at risk of contracting such notifiable infectious disease-- ``(i) the individual and the individual's next of kin; ``(ii) the individual's primary health care provider; and ``(iii) the county in which the individual resides and if the county has an agency or department that handles matters relating to such notifiable infectious disease, the head of such agency or department. ``(F) Each employee of the Department who is employed at such facility. ``(2) If the State in which a facility described in paragraph (1) is located requires that a notifiable infectious disease confirmed at such facility be reported to the State more quickly than required under paragraph (1) or requires that a suspected presence of a notifiable infectious disease at such facility be reported before waiting for confirmation of such presence, the director concerned shall comply with such State requirement. ``(3) Not later than 24 hours after submitting a notice under paragraph (1), the director concerned shall confirm that such notice is received. ``(b) Notifiable Infectious Disease.--For purposes of this section, a notifiable infectious disease is any infectious disease that is-- ``(1) on the list of nationally notifiable diseases published by the Council of State and Territorial Epidemiologists and the Centers for Disease Control and Prevention; or ``(2) covered by a provision of law of a State that requires the reporting of infectious diseases. ``(c) Plan To Prevent Spread.--(1) Not later than seven days after the director of a Veterans Integrated Service Network confirms the presence of a notifiable infectious disease at a facility under the jurisdiction of such director, the director shall develop and implement an action plan to manage and control the potential spread of the notifiable infectious disease. ``(2) The plan developed and implemented under paragraph (1) shall also provide details on the role of partnering Federal, State, and local government entities in the management and control of the potential spread of the notifiable infectious disease. ``(d) Recordkeeping.--The director of each Veterans Integrated Service Network shall keep records of each notice submitted under subsection (a)(1) for a period of not less than 10 years. ``(e) Annual Reports by Inspector General.--Not less frequently than once each year, the Inspector General of the Department shall submit to Congress a report on the compliance of the directors of the Veterans Integrated Service Networks with the requirements of this section. ``(f) Enforcement and Disciplinary Action.--(1) In any case in which the Inspector General of the Department suspects that a director of a Veterans Integrated Service Network has failed to comply with an applicable provision of this section, the Inspector General shall conduct an investigation to determine whether such director failed to comply with an applicable provision of this section. ``(2) If the Inspector General determines under paragraph (1) that a director has failed to comply with a provision of this section, the Secretary shall suspend such director for such period as the Secretary considers appropriate under subchapter I or subchapter II of chapter 75 of title 5, as the case may be. ``(3) Paragraph (2) shall not be construed to prevent the Secretary from imposing, in addition to suspension under paragraph (2), such other disciplinary action on the director as the Secretary considers appropriate and for which the Secretary is otherwise authorized.''. (b) Internal Communication.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary for Health of the Veterans Health Administration shall issue a directive to the Pathology Team, the Infection Prevention Team, and the Facilities Management Team of the Veterans Health Administration and such other groups within the Administration as the Under Secretary considers appropriate on the actions that should be taken in any case in which a notifiable infectious disease (as such term is used in section 7330B of title 38, United States Code, as added by subsection (a)) is discovered in a facility of the Veterans Health Administration. (c) Clerical Amendment.--The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7330A the following new item: ``7330B. Reporting of infectious diseases.''.

Department of Veterans Affairs Disease Reporting and Oversight Act of 2013 - Requires the director of a Veterans Integrated Service Network, within 24 hours after confirming the presence of a notifiable infectious disease (any infectious disease that is either on a specified published list of nationally notifiable diseases or that is covered by a provision of law of a state that requires the reporting of infectious diseases) at a Department of Veterans Affairs (VA) facility under that director's jurisdiction, to notify: (1) the Central Office of the VA; (2) the Director of the Centers for Disease Control and Prevention; (3) the state and county in which the facility is located; (4) each individual at the facility who has contracted the disease or is at risk of doing so, as well as the individual's next of kin, the individual's primary health care provider, and the county in which the individual resides; and (5) each VA employee of such facility. Requires such director to comply with any earlier notification required by the state concerned. Requires such director to: (1) confirm receipt of such notification, (2) develop and implement an action plan to manage and control the potential spread of the disease, and (3) keep records of any such notifications for at least 10 years. Requires an annual report from the VA Inspector General to Congress on directors' compliance with the requirements of this Act. Provides for Inspector General enforcement and appropriate director disciplinary action with respect to such requirements. Directs the Under Secretary for Health of the Veterans Health Administration (VHA) to issue a directive to the VHA's pathology team, infection prevention team, facilities management team, and other appropriate VHA groups on the actions to be taken when a notifiable infectious disease is discovered in a VHA facility.

Department of Veterans Affairs Disease Reporting and Oversight Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Health Care Cooperation Act''. SEC. 2. GLOBAL HEALTH CARE COOPERATION. (a) In General.--Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) is amended by inserting after section 317 the following: ``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH CARE IN DEVELOPING COUNTRIES. ``(a) In General.--Notwithstanding any other provision of this Act, the Secretary of Homeland Security shall allow an eligible alien and the spouse or child of such alien to reside in a candidate country during the period that the eligible alien is working as a physician or other health care worker in a candidate country. During such period the eligible alien and such spouse or child shall be considered-- ``(1) to be physically present and residing in the United States for purposes of naturalization under section 316(a); and ``(2) to meet the continuous residency requirements under section 316(b). ``(b) Definitions.--In this section: ``(1) Candidate country.--The term `candidate country' means a country that the Secretary of State determines to be-- ``(A) eligible for assistance from the International Development Association, in which the per capita income of the country is equal to or less than the historical ceiling of the International Development Association for the applicable fiscal year, as defined by the International Bank for Reconstruction and Development; ``(B) classified as a lower middle income country in the then most recent edition of the World Development Report for Reconstruction and Development published by the International Bank for Reconstruction and Development and having an income greater than the historical ceiling for International Development Association eligibility for the applicable fiscal year; or ``(C) qualified to be a candidate country due to special circumstances, including natural disasters or public health emergencies. ``(2) Eligible alien.--The term `eligible alien' means an alien who-- ``(A) has been lawfully admitted to the United States for permanent residence; and ``(B) is a physician or other healthcare worker. ``(c) Consultation.--The Secretary of Homeland Security shall consult with the Secretary of State in carrying out this section. ``(d) Publication.--The Secretary of State shall publish-- ``(1) not later than 180 days after the date of the enactment of this section, a list of candidate countries; ``(2) an updated version of the list required by paragraph (1) not less often than once each year; and ``(3) an amendment to the list required by paragraph (1) at the time any country qualifies as a candidate country due to special circumstances under subsection (b)(1)(C).''. (b) Rulemaking.-- (1) Requirement.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out the amendments made by this section. (2) Content.--The regulations promulgated pursuant to paragraph (1) shall-- (A) permit an eligible alien (as defined in section 317A of the Immigration and Nationality Act, as added by subsection (a)) and the spouse or child of the eligible alien to reside in a foreign country to work as a physician or other healthcare worker as described in subsection (a) of such section 317A for not less than a 12-month period and not more than a 24-month period, and shall permit the Secretary to extend such period for an additional period not to exceed 12 months, if the Secretary determines that such country has a continuing need for such a physician or other healthcare worker; (B) provide for the issuance of documents by the Secretary to such eligible alien, and such spouse or child, if appropriate, to demonstrate that such eligible alien, and such spouse or child, if appropriate, is authorized to reside in such country under such section 317A; and (C) provide for an expedited process through which the Secretary shall review applications for such an eligible alien to reside in a foreign country pursuant to subsection (a) of such section 317A if the Secretary of State determines a country is a candidate country pursuant to subsection (b)(1)(C) of such section 317A. (c) Technical and Conforming Amendments.-- (1) Definition.--Section 101(a)(13)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii)) is amended by adding ``except in the case of an eligible alien, or the spouse or child of such alien, who is authorized to be absent from the United States under section 317A,'' at the end. (2) Documentary requirements.--Section 211(b) of such Act (8 U.S.C. 1181(b)) is amended by inserting ``, including an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,'' after ``101(a)(27)(A),''. (3) Ineligible aliens.--Section 212(a)(7)(A)(i)(I) of such Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting ``other than an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,'' after ``Act,''. (4) Clerical amendment.--The table of contents of such Act is amended by inserting after the item relating to section 317 the following: ``Sec. 317A. Temporary absence of aliens providing health care in developing countries.''. SEC. 3. ATTESTATION BY HEALTH CARE WORKERS. (a) Attestation Requirement.--Section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is amended by adding at the end the following: ``(E) Health care workers with other obligations.-- ``(i) In general.--An alien who seeks to enter the United States for the purpose of performing labor as a physician or other health care worker is inadmissible unless the alien submits to the Secretary of Homeland Security or the Secretary of State, as appropriate, an attestation that the alien is not seeking to enter the United States for such purpose during any period in which the alien has an outstanding obligation to the government of the alien's country of origin or the alien's country of residence. ``(ii) Obligation defined.--In this subparagraph, the term `obligation' means an obligation incurred as part of a valid, voluntary individual agreement in which the alien received financial assistance to defray the costs of education or training to qualify as a physician or other health care worker in consideration for a commitment to work as a physician or other health care worker in the alien's country of origin or the alien's country of residence. ``(iii) Waiver.--The Secretary of Homeland Security may waive a finding of inadmissibility under clause (i) if the Secretary determines that-- ``(I) the obligation was incurred by coercion or other improper means; ``(II) the alien and the government of the country to which the alien has an outstanding obligation have reached a valid, voluntary agreement, pursuant to which the alien's obligation has been deemed satisfied, or the alien has shown to the satisfaction of the Secretary that the alien has been unable to reach such an agreement because of coercion or other improper means; or ``(III) the obligation should not be enforced due to other extraordinary circumstances, including undue hardship that would be suffered by the alien in the absence of a waiver.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act. (c) Application.--Not later than the effective date described in subsection (b), the Secretary of Homeland Security shall begin to carry out subparagraph (E) of section 212(a)(5) of the Immigration and Nationality Act, as added by subsection (a), including the requirement for the attestation and the granting of a waiver described in clause (iii) of such subparagraph (E), regardless of whether regulations to implement such subparagraph have been promulgated.

Global Health Care Cooperation Act - Amends the Immigration and Nationality Act to allow permanent resident doctors or health care workers to reside in a qualifying developing country (candidate countries) while working in such professions and be considered to be maintaining U.S. presence and residency requirements for naturalization purposes. Directs the Secretary of State to publish a candidate country list.

A bill to enhance global healthcare cooperation and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Watershed Rehabilitation Amendments of 2000''. TITLE I--DAM REHABILITATION SEC. 101. REHABILITATION OF WATER RESOURCE STRUCTURAL MEASURES CONSTRUCTED UNDER CERTAIN DEPARTMENT OF AGRICULTURE PROGRAMS. The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.) is amended by adding at the end the following new section: ``SEC. 14. REHABILITATION OF STRUCTURAL MEASURES NEAR, AT, OR PAST THEIR EVALUATED LIFE EXPECTANCY. ``(a) Definitions.--For purposes of this section: ``(1) Rehabilitation.--The term `rehabilitation', with respect to a structural measure constructed as part of a covered water resource project, means the completion of all work necessary to extend the service life of the structural measure and meet applicable safety and performance standards. This may include: (A) protecting the integrity of the structural measure or prolonging the useful life of the structural measure beyond the original evaluated life expectancy; (B) correcting damage to the structural measure from a catastrophic event; (C) correcting the deterioration of structural components that are deteriorating at an abnormal rate; (D) upgrading the structural measure to meet changed land use conditions in the watershed served by the structural measure or changed safety criteria applicable to the structural measure; or (E) decommissioning the structure, if requested by the local organization. ``(2) Covered water resource project.--The term `covered water resource project' means a work of improvement carried out under any of the following: ``(A) This Act. ``(B) Section 13 of the Act of December 22, 1944 (Public Law 78-534; 58 Stat. 905). ``(C) The pilot watershed program authorized under the heading `Flood Prevention' of the Department of Agriculture Appropriation Act, 1954 (Public Law 156; 67 Stat. 214). ``(D) Subtitle H of title XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451 et seq.; commonly known as the Resource Conservation and Development Program). ``(3) Structural measure.--The term `structural measure' means a physical improvement that impounds water, commonly known as a dam, which was constructed as part of a covered water resource project, including the impoundment area and flood pool. ``(b) Cost Share Assistance for Rehabilitation.-- ``(1) Assistance authorized.--The Secretary may provide financial assistance to a local organization to cover a portion of the total costs incurred for the rehabilitation of structural measures originally constructed as part of a covered water resource project. The total costs of rehabilitation include the costs associated with all components of the rehabilitation project, including acquisition of land, easements, and rights-of-ways, rehabilitation project administration, the provision of technical assistance, contracting, and construction costs, except that the local organization shall be responsible for securing all land, easements, or rights-of-ways necessary for the project. ``(2) Amount of assistance; limitations.--The amount of Federal funds that may be made available under this subsection to a local organization for construction of a particular rehabilitation project shall be equal to 65 percent of the total rehabilitation costs, but not to exceed 100 percent of actual construction costs incurred in the rehabilitation. However, the local organization shall be responsible for the costs of water, mineral, and other resource rights and all Federal, State, and local permits. ``(3) Relation to land use and development regulations.--As a condition on entering into an agreement to provide financial assistance under this subsection, the Secretary, working in concert with the affected unit or units of general purpose local government, may require that proper zoning or other developmental regulations are in place in the watershed in which the structural measures to be rehabilitated under the agreement are located so that-- ``(A) the completed rehabilitation project is not quickly rendered inadequate by additional development; and ``(B) society can realize the full benefits of the rehabilitation investment. ``(c) Technical Assistance for Watershed Project Rehabilitation.-- The Secretary, acting through the Natural Resources Conservation Service, may provide technical assistance in planning, designing, and implementing rehabilitation projects should a local organization request such assistance. Such assistance may consist of specialists in such fields as engineering, geology, soils, agronomy, biology, hydraulics, hydrology, economics, water quality, and contract administration. ``(d) Prohibited Use.-- ``(1) Performance of operation and maintenance.-- Rehabilitation assistance provided under this section may not be used to perform operation and maintenance activities specified in the agreement for the covered water resource project entered into between the Secretary and the local organization responsible for the works of improvement. Such operation and maintenance activities shall remain the responsibility of the local organization, as provided in the project work plan. ``(2) Renegotiation.--Notwithstanding paragraph (1), as part of the provision of financial assistance under subsection (b), the Secretary may renegotiate the original agreement for the covered water resource project entered into between the Secretary and the local organization regarding responsibility for the operation and maintenance of the project when the rehabilitation is finished. ``(e) Application for Rehabilitation Assistance.--A local organization may apply to the Secretary for technical and financial assistance under this section if the application has also been submitted to and approved by the State agency having supervisory responsibility over the covered water resource project at issue or, if there is no State agency having such responsibility, by the Governor of the State. The Secretary shall request the State dam safety officer (or equivalent State official) to be involved in the application process if State permits or approvals are required. The rehabilitation of structural measures shall meet standards established by the Secretary and address other dam safety issues. At the request of the local organization, personnel of the Natural Resources Conservation Service of the Department of Agriculture may assist in preparing applications for assistance. ``(f) Ranking of Requests for Rehabilitation Assistance.--The Secretary shall establish such system of approving rehabilitation requests, recognizing that such requests will be received throughout the fiscal year and subject to the availability of funds to carry out this section, as is necessary for proper administration by the Department of Agriculture and equitable for all local organizations. The approval process shall be in writing, and made known to all local organizations and appropriate State agencies. ``(g) Prohibition on Certain Rehabilitation Assistance.--The Secretary may not approve a rehabilitation request if the need for rehabilitation of the structure is the result of a lack of adequate maintenance by the party responsible for the maintenance. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to provide financial and technical assistance under this section-- ``(1) $5,000,000 for fiscal year 2001; ``(2) $10,000,000 for fiscal year 2002; ``(3) $15,000,000 for fiscal year 2003; ``(4) $25,000,000 for fiscal year 2004; and ``(5) $35,000,000 for fiscal year 2005. ``(i) Assessment of Rehabilitation Needs.--The Secretary, in concert with the responsible State agencies, shall conduct an assessment of the rehabilitation needs of covered water resource projects in all States in which such projects are located. ``(j) Recordkeeping and Reports.-- ``(1) Secretary.--The Secretary shall maintain a data base to track the benefits derived from rehabilitation projects supported under this section and the expenditures made under this section. On the basis of such data and the reports submitted under paragraph (2), the Secretary shall prepare and submit to Congress an annual report providing the status of activities conducted under this section. ``(2) Grant recipients.--Not later than 90 days after the completion of a specific rehabilitation project for which assistance is provided under this section, the local organization that received the assistance shall make a report to the Secretary giving the status of any rehabilitation effort undertaken using financial assistance provided under this section.''. TITLE II--DAM SAFETY SEC. 201. DAM SAFETY. (a) Inventory and Assessment of Other Dams.-- (1) Inventory.--The Secretary of the Army (in this section referred to as the ``Secretary'') shall establish an inventory of dams constructed by and using funds made available through the Works Progress Administration, the Works Projects Administration, and the Civilian Conservation Corps. (2) Assessment of rehabilitation needs.--In establishing the inventory required under paragraph (1), the Secretary shall also assess the condition of the dams on such inventory and the need for rehabilitation or modification of the dams. (b) Report to Congress.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit to Congress a report containing the inventory and assessment required by this section. (c) Interim Actions.-- (1) In general.--If the Secretary determines that a dam referred to in subsection (a) presents an imminent and substantial risk to public safety, the Secretary is authorized to carry out measures to prevent or mitigate against such risk. (2) Exclusion.--The assistance authorized in paragraph (1) shall not be available to dams under the jurisdiction of the Department of the Interior. (3) Federal share.--The Federal share of the cost of assistance provided under this subsection shall be 65 percent of such cost. (4) Authorization of appropriations.--There is authorized to be appropriated to carry out this section a total of $25,000,000 for fiscal years beginning after September 30, 1999, of which not more than $5,000,000 may be expended on any one dam. (d) Coordination.--In carrying out this section, the Secretary shall coordinate with the appropriate State dam safety officials and the Director of the Federal Emergency Management Agency. Passed the House of Representatives July 17, 2000. Attest: JEFF TRANDAHL, Clerk.

Authorizes the Secretary, acting through the Natural Resources Conservation Service, to provide technical assistance in planning, designing, and implementing rehabilitation projects, should an organization request such assistance. Prohibits any assistance authorized under this Act from being used to perform operation and maintenance activities. Outlines assistance application requirements. Directs the Secretary to establish a system of approving rehabilitation assistance requests from organizations equitably. Authorizes appropriations for FY 2001 through 2005 to provide financial and technical assistance. Requires the Secretary to conduct an assessment of the rehabilitation needs of covered projects. Requires: (1) the Secretary to maintain a database to track the benefits derived from, and expenditures made to, rehabilitation projects and to report annually to Congress on the status of activities conducted; and (2) local organizations that received assistance to report to the Secretary on the status of rehabilitation efforts undertaken using financial assistance after the completion of the specific projects for which assistance was provided. Title II: Dam Safety - Directs the Secretary of the Army to: (1) establish an inventory of dams constructed by (and using funds made available through) the Works Progress Administration, the Works Projects Administration, and the Civilian Conservation Corps; and (2) assess the condition of such dams and their need for rehabilitation or modification. Requires within two years of the enactment of this Act a report to Congress containing such inventory and assessment. Requires the Secretary of the Army, if a dam presents an imminent and substantial risk to public safety, to take measures to prevent or mitigate against such risk, except for dams under the jurisdiction of the Department of the Interior. Limits the Federal share of the cost of assistance provided to carry out measures to prevent or mitigate such risk to 65 percent of such cost. Authorizes appropriations. Limits the amount of such funds that may be expended on any one dam. Directs the Secretary of the Army to coordinate with the appropriate State dam safety officials and the Director of the Federal Emergency Management Agency in carrying out this Act.

Small Watershed Rehabilitation Amendments of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Sexual Assault Victims Empowerment Act'' or the ``Military SAVE Act''. SEC. 2. IMPROVEMENT OF TREATMENT FOR MILITARY SEXUAL ASSAULT. (a) Veterans.-- (1) In general.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1720D the following new section: ``Sec. 1720D-1. Counseling and treatment for sexual trauma at non- Department facilities ``(a) Establishment.--Notwithstanding section 1703 of this title, and in addition to the program under section 1720D, the Secretary shall operate a program under which the Secretary ensures that veterans who are victims of military sexual trauma may receive treatment for such trauma from private providers. ``(b) Election.--A veteran may elect to receive treatment under this section by notifying the Secretary of such election at a facility or regional office of the Department. Such notification shall include a written affidavit by the veteran, made under penalty of perjury under section 1746 of title 28, stating that the veteran is a victim of military sexual trauma. ``(c) Voucher.--(1) Upon receiving a notification under subsection (b), the Secretary shall issue the veteran a voucher described in paragraph (3). ``(2) A veteran to whom a voucher is issued under paragraph (1) may use the voucher to receive treatment by a private provider who agrees to accept such voucher as payment for such treatment. Any amount charged by the private provider for such treatment that is in addition to the amount paid by the voucher shall be the sole responsibility of the veteran. ``(3) A voucher described in this paragraph is a voucher indicating that the Secretary will reimburse a private provider for treatment provided by the provider to a veteran under this section. ``(4) The amount for which the Secretary will reimburse a private provider pursuant to a voucher described in paragraph (3) is equal to the amount that the Secretary pays to a non-Department facility under section 1703 of this title for the same treatment for which the voucher is used. ``(5) The Secretary shall require that a veteran make a reelection under subsection (b) during each 120-day period in which the voucher is used following the initial 120-day period in which the voucher is valid. ``(d) Consultation.--The Secretary shall consult with the Secretary of Defense to ensure that this section is carried out in a manner that allows veterans to receive similar treatment as is provided to members of the Armed Forces under section 1074n of title 10. ``(e) Definitions.--In this section: ``(1) The term `military sexual trauma' means an injury, illness, disability, or psychological trauma that directly resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the veteran was serving on active duty or active duty for training. ``(2) The term `private provider' means a non-Department facility or licensed health care professional, regardless of whether the facility or professional is entered into a contract pursuant to section 1703 of this title. ``(3) The term `sexual harassment' has the meaning given that term in section 1720D of this title. ``(4) The term `treatment' means treatment, counseling, and appropriate other care and services to overcome military sexual trauma.''. (2) Conforming amendments.--Section 1720D(a) of such title is amended-- (A) by striking ``(1) The Secretary'' and inserting ``The Secretary''; (B) by striking paragraph (2); and (C) in the section heading, by adding ``at Department facilities'' after ``trauma''. (3) Clerical amendments.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 1720D and inserting the following new items: ``1720D. Counseling and treatment for sexual trauma at Department facilities. ``1720D-1. Counseling and treatment for sexual trauma at non-Department facilities.''. (b) Members of the Armed Forces.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1074m the following new section: ``Sec. 1074n. Counseling and treatment for sexual trauma at private facilities ``(a) Establishment.--The Secretary shall operate a program under which the Secretary ensures that members of the armed forces who are victims of military sexual trauma may receive treatment for such trauma by private providers. ``(b) Election.--A member may elect to receive treatment under this section by notifying the Secretary of such election. Such notification shall include a written affidavit by the member, made under penalty of perjury under section 1746 of title 28, stating that the member is a victim of military sexual trauma. ``(c) Voucher.--(1) Upon receiving a notification under subsection (b), the Secretary shall issue the member a voucher described in paragraph (3). ``(2) A member to whom a voucher is issued under paragraph (1) may use the voucher to receive treatment by a private provider who agrees to accept such voucher as payment for such treatment. Any amount charged by the private provider for such treatment that is in addition to the amount paid by the voucher shall be the sole responsibility of the member. ``(3) A voucher described in this paragraph is a voucher indicating that the Secretary will reimburse a private provider for treatment provided by the provider to a member under this section. ``(4) The amount for which the Secretary will reimburse a private provider pursuant to a voucher described in paragraph (3) is equal to the amount that the Secretary pays to a private provider under the TRICARE program for the same treatment for which the voucher is used. ``(5) The Secretary shall require that a veteran make a reelection under subsection (b) during each 120-day period in which the voucher is used following the initial 120-day period in which the voucher is valid. ``(d) Consultation.--The Secretary shall consult with the Secretary of Veterans Affairs to ensure that this section is carried out in a manner that allows members to receive similar treatment as is provided to veterans under section 1720D-1 of title 38. ``(e) Definitions.--In this section: ``(1) The term `military sexual trauma' means an injury, illness, disability, or psychological trauma that directly resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the member was serving on active duty or active duty for training. ``(2) The term `private provider' means a private facility or licensed health care professional, regardless of whether the facility or professional is entered into a contract under this chapter to provide treatment under the TRICARE program. ``(3) The term `sexual harassment' has the meaning given that term in section 1720D of title 38. ``(4) The term `treatment' means treatment, counseling, and appropriate other care and services to overcome military sexual trauma.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074m the following new item: ``1074n. Counseling and treatment for sexual trauma at private facilities.''.

Military Sexual Assault Victims Empowerment Act or the Military SAVE Act - Requires the Secretary of Veterans Affairs (VA) and the Secretary of Defense (DOD) to each operate a program that ensures that veterans and members of the armed forces may receive treatment from private providers for military sexual trauma. Requires the Secretaries: (1) after receiving from a veteran or member electing such treatment a notification that includes a written affidavit stating that the individual is a victim of military sexual trauma, to assign a voucher that such individual may use to receive such treatment; and (2) to require such individual to make a reelection during each 120-day period in which such a voucher is used following the initial 120-day period the voucher is valid.

Military SAVE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Food Security Act of 2014''. SEC. 2. STATEMENT OF POLICY OBJECTIVES; SENSE OF CONGRESS. (a) Statement of Policy Objectives.--It is in the national security interest of the United States to promote global food security and nutrition, consistent with national food security investment plans, which is reinforced through programs, activities, and initiatives that-- (1) accelerate inclusive, agricultural-led economic growth that reduces global poverty, hunger, and malnutrition, particularly among women and children; (2) increase the productivity, incomes, and livelihoods of small-scale producers, especially women, by working across agricultural value chains and expanding producer access to local and international markets; (3) build resilience to food shocks among vulnerable populations and households while reducing reliance upon emergency food assistance; (4) create an enabling environment for agricultural growth and investment, including through the promotion of secure and transparent property rights; (5) improve the nutritional status of women and children, with a focus on reducing child stunting, including through the promotion of highly nutritious foods, diet diversification, and nutritional behaviors that improve maternal and child health; (6) align with and leverage broader United States investments in trade, economic growth, science and technology, maternal and child health, and water, sanitation, and hygiene; and (7) ensure the effective use of United States taxpayer dollars to further these objectives. (b) Sense of Congress.--It is the sense of the Congress that the President, in providing assistance to implement the Global Food Security Strategy, should-- (1) coordinate, through a whole-of-government approach, the efforts of relevant Federal departments and agencies to implement the Global Food Security Strategy; (2) utilize, to the extent possible, open and streamlined solicitations to allow for the participation of a wide range of implementing partners via the most appropriate contracting mechanism; and (3) continue to strengthen existing partnerships between developing country institutions of agricultural sciences with universities in the United States, with a focus on building the capacities of developing nation universities in agriculture. SEC. 3. DEFINITIONS. In this Act: (1) Agriculture.--The term ``agriculture'' means crops, livestock, fisheries, and forestries. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Committee on Appropriations of the Senate; (D) the Committee on Foreign Affairs of the House of Representatives; (E) the Committee on Agriculture of the House of Representatives; and (F) the Committee on Appropriations of the House of Representatives. (3) Feed the future innovation labs.--The term ``Feed the Future Innovation Labs'' means research partnerships led by United States universities that advance solutions to reduce global hunger, poverty, and malnutrition. (4) Global food security strategy.--The term ``Global Food Security Strategy'' means the strategy developed and implemented pursuant to section 4(a). (5) Food and nutrition security.--The term ``food and nutrition security'' means access to, and availability, utilization, and stability of, sufficient food to meet caloric and nutritional needs for an active and healthy life. (6) Malnutrition.--The term ``malnutrition'' means poor nutritional status caused by nutritional deficiency or excess. (7) Resilience.--The term ``resilience'' means the ability of people, households, communities, countries, and systems to mitigate, adapt to, and recover from shocks and stresses to food security in a manner that reduces chronic vulnerability and facilitates inclusive growth. (8) Relevant federal departments and agencies.--The term ``relevant Federal departments and agencies'' means the United States Agency for International Development, the Department of Agriculture, the Department of Commerce, the Department of State, the Department of the Treasury, the Millennium Challenge Corporation, the Overseas Private Investment Corporation, the Peace Corps, the Office of the United States Trade Representative, the United States African Development Foundation, the United States Geological Survey, and any other department or agency specified by the President for purposes of this section. (9) Small-scale producer.--The term ``small-scale producer'' means farmers, pastoralists, foresters, and fishers that have a low-asset base and limited resources, including land, capital, skills and labor, and, in the case of farmers, typically farm on fewer than 5 hectares of land. SEC. 4. COMPREHENSIVE GLOBAL FOOD SECURITY STRATEGY. (a) Strategy.--The President shall coordinate the development and implementation of a United States whole-of-government strategy to accomplish the policy objectives set forth in section 2(a), which shall-- (1) support and be aligned with country-owned agriculture, nutrition, and food security policy and investment plans developed with input from relevant governmental and nongovernmental sectors within partner countries and regional bodies, including representatives of the private sector, agricultural producers, including women and small-scale producers, international and local civil society organizations, faith-based organizations, research institutions, and farmers as reasonable and appropriate; (2) support inclusive agricultural value chain development, with small-scale producers, especially women, gaining greater access to the inputs, skills, networking, bargaining power, financing, and market linkages needed to sustain their long- term economic prosperity; (3) seek to improve the nutritional status of women and children, particularly during the critical first 1,000-day window until a child reaches 2 years of age, with a focus on reducing child stunting; (4) seek to ensure the long-term success of programs by building the capacity of local organizations and institutions; (5) integrate resilience strategies into food security programs, such that chronically vulnerable populations are better able to build safety nets, secure livelihoods, access markets, and access opportunities from longer-term economic growth; (6) develop community and producer resiliency to natural disasters, emergencies, and natural occurrences that adversely impact agricultural yield; (7) harness science, technology, and innovation, including the research conducted at Feed the Future Innovation Labs, or any successor entities, throughout the United States; (8) support integrating agricultural development activities among food insecure populations living in proximity to designated national parks or wildlife areas to support wildlife conservation efforts; (9) leverage resources and expertise through partnerships with the private sector, farm organizations, cooperatives, civil society, faith-based organizations, research entities, and academic institutions; (10) support collaboration, as appropriate, between United States universities and public and private institutions in developing countries to promote agricultural development and innovation; (11) set clear and transparent selection criteria for target countries, regions, and intended beneficiaries of assistance to implement the Global Food Security Strategy; (12) set specific and measurable goals, targets, and time frames, and a plan of action consistent with the policy objectives described in section 2(a); (13) seek to ensure that target countries respect and promote the lawful land tenure rights of local communities, particularly those of women and small-scale producers; and (14) include criteria and methodology for graduating countries from assistance to implement the Global Food Security Strategy once the countries have achieved certain benchmarks. (b) Coordination.--The President shall coordinate, through a whole- of-government approach, the efforts of relevant Federal departments and agencies in the implementation of the Global Food Security Strategy by-- (1) establishing monitoring and evaluation systems, coherence, and coordination across relevant Federal departments and agencies; and (2) establishing platforms for regular consultation and collaboration with key stakeholders, including-- (A) multilateral institutions; (B) private voluntary organizations; (C) cooperatives; (D) the private sector; (E) local nongovernmental and civil society organizations; (F) faith-based organizations; (G) congressional committees; and (H) other stakeholders, as appropriate. SEC. 5. ASSISTANCE TO IMPLEMENT THE GLOBAL FOOD SECURITY STRATEGY. (a) In General.--The President is authorized to provide assistance to implement the Global Food Security Strategy pursuant to the authorities of section 103, section 103A, title XII of chapter 2 of part I, and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151a, 2151a-1, 2220a et seq., and 2346 et seq.) notwithstanding any other provision of law. (b) Monitoring and Evaluation.--The President should seek to ensure that assistance to implement the Global Food Security Strategy is provided under established parameters for a rigorous accountability system to monitor and evaluate progress and impact of the strategy, including by reporting to the appropriate congressional committees and the public on an annual basis. (c) Authorization of Appropriations.--There is authorized to be appropriated to the President $1,000,600,000 for fiscal year 2015 to carry out this section. SEC. 6. REPORT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that describes the status of the implementation of the Global Food Security Strategy. (b) Content.--The report required under subsection (a) shall-- (1) contain a summary of the Global Food Security Strategy as an appendix; (2) identify any substantial changes made in the Global Food Security Strategy during the preceding calendar year; (3) identify the indicators that will be used to measure results, set benchmarks for progress over time, and establish mechanisms for reporting results in an open and transparent manner; (4) describe the progress made in implementing the Global Food Security Strategy; (5) assess the progress and results of implementing international food and nutrition security programming; (6) contain a transparent, open, and detailed accounting of spending by relevant Federal departments and agencies to implement the Global Food Security Strategy, including by listing all recipients of funding or partner organizations and, to the extent possible, describing their activities; (7) identify any United States legal or regulatory impediments that could obstruct the effective implementation of the programming referred to in paragraph (5); (8) contain a clear gender analysis of programming that includes established disaggregated gender indicators to better analyze outcomes for food productivity, income growth, equity in access to inputs, jobs and markets, and nutrition; (9) describe the strategies and benchmarks for graduating target countries and monitoring any graduated target countries; (10) assess efforts to coordinate United States international food security and nutrition programs, activities, and initiatives with-- (A) other bilateral donors; (B) international and multilateral organizations; (C) international financial institutions; (D) host country governments; (E) international and local private voluntary, nongovernmental, faith-based organizations, and civil society organizations; and (F) other stakeholders; (11) assess United States Government-facilitated private investment in related sectors and the impact of private sector investment in target countries; (12) include consultation with relevant United States Government agencies in the preparation of the report; and (13) incorporate a plan for regularly reviewing and updating strategies, partnerships, and programs and sharing lessons learned with a wide range of stakeholders. (c) Public Availability of Information.--The information referred to in subsection (b) shall be made publicly accessible in a timely manner on a consolidated website. Passed the House of Representatives December 10, 2014. Attest: KAREN L. HAAS, Clerk.

Global Food Security Act of 2014 - Expresses the sense of Congress that the President, in providing assistance to implement the Global Food Security Strategy, should: coordinate federal efforts to implement the Strategy, utilize open and streamlined solicitations to allow for the participation of a wide range of implementing partners, and strengthen existing partnerships between developing country institutions of agricultural sciences with U.S. universities with a focus on building the agriculture capacities of developing nation universities. Directs the President to coordinate the development and implementation of a comprehensive global food security strategy. Authorizes the President to provide assistance to implement the Global Food Security Strategy. Authorizes FY2015 appropriations.

Global Food Security Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indexing Narcotics, Fentanyl, and Opioids Act of 2018'' or the ``INFO Act''. SEC. 2. ESTABLISHMENT OF SUBSTANCE USE DISORDER INFORMATION DASHBOARD. Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended by adding at the end the following new section: ``SEC. 1711. ESTABLISHMENT OF SUBSTANCE USE DISORDER INFORMATION DASHBOARD. ``(a) In General.--Not later than 6 months after the date of the enactment of this section, the Secretary of Health and Human Services shall, in consultation with the Director of National Drug Control Policy, establish and periodically update a public information dashboard that-- ``(1) coordinates information on programs within the Department of Health and Human Services related to the reduction of opioid abuse and other substance use disorders; ``(2) provides access to publicly available data from other Federal agencies; State, local, and Tribal governments; nonprofit organizations; law enforcement; medical experts; public health educators; and research institutions regarding prevention, treatment, recovery, and other services for opioid use disorder and other substance use disorders; ``(3) provides comparable data on substance use disorder prevention and treatment strategies in different regions and population of the United States; ``(4) provides recommendations for health care providers on alternatives to controlled substances for pain management, including approaches studied by the National Institutes of Health Pain Consortium and the National Center for Complimentary and Integrative Health; and ``(5) provides guidelines and best practices for health care providers regarding treatment of substance use disorders. ``(b) Controlled Substance Defined.--In this section, the term `controlled substance' has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).''. SEC. 3. INTERAGENCY SUBSTANCE USE DISORDER COORDINATING COMMITTEE. (a) Establishment.--Not later than 3 months after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall, in consultation with the Director of National Drug Control Policy, establish a committee, to be known as the Interagency Substance Use Disorder Coordinating Committee (in this section referred to as the ``Committee''), to coordinate all efforts within the Department of Health and Human Services concerning substance use disorder. (b) Membership.-- (1) Federal members.--The following individuals shall be the Federal members of the Committee: (A) The Secretary, who shall service as the Chair of the Committee. (B) The Attorney General of the United States. (C) The Secretary of Labor. (D) The Secretary of Housing and Urban Development. (E) The Secretary of Education. (F) The Secretary of Veterans Affairs. (G) The Commissioner of Social Security. (H) The Assistant Secretary for Mental Health and Substance Use. (I) The Director of the Centers for Disease Control and Prevention. (J) The Director of the National Institutes of Health and the Directors of such national research institutes of the National Institutes of Health as the Secretary determines appropriate. (K) The Administrator of the Centers for Medicare & Medicaid Services. (L) The Director of National Drug Control Policy. (M) Representatives of other Federal agencies that serve individuals with substance use disorder. (2) Non-federal members.--The Committee shall include a minimum of 17 non-Federal members appointed by the Secretary, of which-- (A) at least two such members shall be an individual who has received treatment for a diagnosis of an opioid use disorder; (B) at least two such members shall be an individual who has received treatment for a diagnosis of a substance use disorder other than an opioid use disorder; (C) at least two such members shall be a State Alcohol and Substance Abuse Director; (D) at least two such members shall be a representative of a leading research, advocacy, or service organization for adults with substance use disorder; (E) at least two such members shall-- (i) be a physician, licensed mental health professional, advance practice registered nurse, or physician assistant; and (ii) have experience in treating individuals with opioid use disorder or other substance use disorders; (F) at least one such member shall be a substance use disorder treatment professional who is employed with an opioid treatment program; (G) at least one such member shall be a substance use disorder treatment professional who has research or clinical experience in working with racial and ethnic minority populations; (H) at least one such member shall be a substance use disorder treatment professional who has research or clinical mental health experience in working with medically underserved populations; (I) at least one such member shall be a State- certified substance use disorder peer support specialist; (J) at least one such member shall be a drug court judge or a judge with experience in adjudicating cases related to substance use disorder; (K) at least one such member shall be a law enforcement officer or correctional officer with extensive experience in interacting with adults with a substance use disorder; and (L) at least one such member shall be an individual with experience providing services for homeless individuals and working with adults with a substance use disorder. (c) Terms.-- (1) In general.--A member of the Committee appointed under subsection (b)(2) shall be appointed for a term of 3 years and may be reappointed for one or more 3-year terms. (2) Vacancies.--A vacancy on the Committee shall be filled in the same manner in which the original appointment was made. Any individual appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term and may serve after the expiration of such term until a successor has been appointed. (d) Meetings.--The Committee shall meet not fewer than two times each year. (e) Duties.--The Committee shall-- (1) monitor opioid use disorder and other substance use disorder research, services, and support and prevention activities across all relevant Federal agencies, including coordination of Federal activities with respect to opioid use disorder and other substance use disorders; (2) identify and provide to the Secretary recommendations for improving Federal grants and programs for the prevention and treatment of, and recovery from, opioid use disorder and other substance use disorders; (3) review substance use disorder prevention and treatment strategies in different regions and populations in the United States and evaluate the extent to which Federal substance use disorder prevention and treatment strategies are aligned with State and local substance use disorder prevention and treatment strategies; (4) make recommendations to the Secretary regarding any appropriate changes with respect to the activities and strategies described in paragraphs (1) through (3); (5) make recommendations to the Secretary regarding public participation in decisions relating to opioid use disorder and other substance use disorders and the process by which public feedback can be better integrated into such decisions; and (6) make recommendations to ensure that opioid use disorder and other substance use disorder research, services, and support and prevention activities of the Department of Health and Human Services and other Federal agencies are not unnecessarily duplicative. (f) Annual Report.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the life of the Committee, the Committee shall publish on the public information dashboard established under section 2(a) a report summarizing the activities carried out by the Committee pursuant to subsection (e), including any findings resulting from such activities. (2) Recommendation for committee extension.--After the publication of the second report of the Committee under paragraph (1), the Secretary shall submit to Congress a recommendation on whether or not the operations of the Committee should continue after the termination date described in subsection (i). (g) Working Groups.--The Committee may establish working groups for purposes of carrying out the duties described in subsection (e). Any such working group shall be composed of members of the Committee (or the designees of such members) and may hold such meetings as are necessary to enable the working group to carry out the duties delegated to the working group. (h) Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee only to the extent that the provisions of such Act do not conflict with the requirements of this section. (i) Sunset.--The Committee shall terminate on the date that is 6 years after the date on which the Committee is established under subsection (a). Passed the House of Representatives June 12, 2018. Attest: KAREN L. HAAS, Clerk.

Indexing Narcotics, Fentanyl, and Opioids Act of 2017 or the INFO Act This bill requires the Secretary of Health and Human Services to appoint a federal coordinator within the Department of Health and Human Services to: coordinate programs related to opioid abuse reduction, liaise with state and local entities carrying out activities relating to opioid abuse reduction, and establish and operate a publicly available electronic database to facilitate data collection related to opioid abuse.

Indexing Narcotics, Fentanyl, and Opioids Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Employer-Employee Relations Act of 1995''. SEC. 2. DECLARATION OF PURPOSE AND POLICY. The Congress declares that the following is the policy of the United States: (1) Labor-management relationships and partnerships are based on trust, mutual respect, open communications, bilateral and consensual problem solving, and shared accountability. Dispute resolution procedures are fair, determinative, simple, fast and inexpensive, and effectively and swiftly deal with issues. Labor-management cooperation fully utilizes the strengths of both parties to best serve the interests of the public, operating as a team to carry out the public safety mission in a quality work environment. In many public safety agencies it is the union that provides the institutional stability as elected leaders and appointees come and go. (2) The health and safety of the Nation and the best interest of public safety employers and employees can be best protected by the settlement of issues through the processes of collective bargaining. (3) The Federal Government shall make available governmental facilities for conciliation, mediation, and voluntary arbitration to aid and encourage employers and the representatives of their employees to reach and maintain agreements concerning rates of pay, hours, and working conditions, and to make all reasonable efforts to settle their differences by mutual agreement reached through collective bargaining or by such methods as may be provided for in any applicable agreement for the settlement of disputes. (4) Certain controversies which arise involving collective bargaining agreements may be avoided or minimized through mediations and conciliation. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Director'' means the Director of the Federal Mediation and Conciliation Service. (2) The term ``firefighter'' means an employee who-- (A) primarily performs work directly related to the control and extinguishment of fires; (B) works for fire departments and is responsible for the maintenance and use of firefighting apparatus and equipment, prevention and investigation, communications and dispatch; or (C) provides emergency medical care. The term includes an employee engaged in such activity who is transferred to a supervisory or administrative position, but does not include a management or supervisory employee. (3) The term ``law enforcement officer'' means a member of a law enforcement agency serving in a law enforcement position, which is usually indicated by formal training (regardless of whether the officer has completed or been assigned to such training) and usually accompanied by the power to make arrests. The term includes an employee engaged in such activity who is transferred to a supervisory or administrative position, but does not include a management or supervisory employee. (4) The term ``law enforcement agency'' means a State or local public agency that is charged by law with the duty to prevent or investigate crimes or apprehend or hold in custody persons charged with or convicted of crimes. (5) The term ``management or supervisory employee'' includes any public safety personnel exempted from the provisions of chapter 8 of title 29, United States Code. (6) The terms ``employer'' and ``public safety employer'' mean any State, political subdivision of a State, the District of Columbia, or any territory or possession of the United States. SEC. 4. RIGHT OF FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS TO ORGANIZE AND BARGAIN COLLECTIVELY. (a) In General.--Firefighters and law enforcement officers have the right to self-organize, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. (b) Application to Existing Laws of States and Political Subdivisions.-- (1) Applicability.--This Act shall be applicable to any State and its political subdivisions if such entity does not have a law or ordinance that provides greater or equal protection for the rights of firefighters and law enforcement officers as established under sections 4(a) and 4(e)(3) under this Act. (2) Right to petition.--Any employer or employee labor organization shall have the right to petition the Director of the Federal Mediation and Conciliation Service to determine that a State or political subdivision ordinance is in compliance with paragraph (1). The Director shall issue a determination not later than 30 days after receipt of such a petition. The power of enforcement shall be the same as cited in subsection (f). (c) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Director shall issue regulations to carry out this Act in accordance with the administrative procedures described in subchapter II of chapter 5 of title 5, United States Code. (d) Existing Collective Bargaining Units and Agreements.--No certification, recognition, election-held, collective bargaining agreement or memorandum of understanding which has been issued, approved, or ratified by any public employee relations board or commission or by any State or political subdivision or their agents (management officials) shall be invalidated by enactment of this Act. (e) Conciliation of Labor Disputes Involving Firefighters and Law Enforcement Officers.-- (1) Establishment of board of inquiry.-- (A) When an impasse is certified by the Federal Mediation and Conciliation Service, the Director shall assist on the resolution of the impasse by establishing within 30 days after the notice to the Federal Mediation and Conciliation Service, an impartial Board of Inquiry to investigate the issues involved in the dispute and to make a written report thereon to the parties not later than 15 days after the establishment of such a board unless an extension is requested by such board and approved by the Director. (B) The written report shall contain the findings of fact together with the Board's recommendations for settling the dispute, with the objective of achieving a prompt, peaceful, and just settlement of the dispute. Each board shall be composed of such number of individuals as the director may deem desirable. No member appointed under this section shall have pecuniary interest or involvement in firefighting or law enforcement or in the employee organizations involved in the dispute. (2) Compensation of members of boards of inquiry.-- (A) Members of any board established under this section who are otherwise employed by the Federal Government shall serve without compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out its duties under this section. (B) Members of any board established under this section who are not subject to subparagraph (A) shall receive compensation at a rate prescribed by the Director but not to exceed the daily rate prescribed for GS-15 of the General Schedule under section 5332 of title 5, United States Code, including travel for each day they are entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out their duties under this section. (3) Maintenance of status quo.--After the certification of an impasse under paragraph (1) of this section and for 15 days after the Board of Inquiry has issued its report, no change in the status quo in effect prior to the expiration of the contract in the case of negotiations for a contract renewal, or in effect prior to the time of the impasse in the case of an initial bargaining negotiation, except by agreement of the parties, shall be made by the parties to the controversy. (f) Enforcement.--After completion of the investigation in subsection (e) the Director may request the Attorney General to petition any United States District Court having jurisdiction of the parties to enforce the provisions of this Act. (g) State Immunity.--A State shall not be immune from an action in Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. SEC. 5. STRIKES AND LOCKOUTS PROHIBITED. Public safety employers and employees may not engage in lockouts or strikes. SEC. 6. SUITS BY AND AGAINST LABOR ORGANIZATIONS. (a) Venue, Amount, and Citizenship.--Suits for violation of contracts between an employer and a labor organization representing public safety employees, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties. (b) Responsibility for Acts of Agent; Entity for Purpose of Suit; Enforcement of Money Judgments.--Any labor organization which represents public safety employees and any employer shall be bound by the acts of its agents. Any such labor organization may sue or be sued as an entity and on behalf of the employees whom it represents in the courts of the United States. Any money judgment against a labor organization in a district court of the United States shall be enforceable only against the organization as an entity and against its assets, and shall not be enforceable against any individual member or the assets of the individual. (c) Jurisdiction.--For the purpose of actions and proceedings by or against labor organizations in the district courts of the United States, district courts shall be deemed to have jurisdiction of a labor organization-- (1) in the district in which such organization maintains its principal office; or (2) in any district in which its duly authorized officers or agents are engaged in representing or acting for employee members. (d) Service of Process.--The service of summons, subpoena, or other legal process of any court of the United States upon an officer or agent (acting in such capacity) of a labor organization shall constitute service upon the labor organization. (e) Determination of Question of Agency.--For the purpose of this section, in determining whether any person is acting as an ``agent'' of another person so as to make such other person responsible for such actions, the question of whether the specific acts performed were actually authorized or subsequently ratified shall not be controlling. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. SEC. 8. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act.

Public Safety Employer-Employee Relations Act of 1995 - Provides collective bargaining rights for public safety officers employed by States or local governments. (Sec. 4) Declares that fire fighters and law enforcement officers have the right to self-organize, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Applies this Act to any State and its local governments if such entity does not have a law or ordinance that provides greater or equal protection for the rights of fire fighters and law enforcement officers as established under this Act. Grants employers or employee labor organizations the right to petition the Director of the Federal Mediation and Conciliation Service (FMCS) to determine whether a State or local government is in compliance. Provides that existing collective bargaining units and agreements shall not be invalidated by this Act. Provides for conciliation of labor disputes involving fire fighters and law enforcement officers. Requires the Director, when the FMCS certifies an impasse, to establish a Board of Inquiry to investigate the issues in the dispute and report its findings and recommendations. Provides for enforcement of this Act through the appropriate U.S. District Court. Provides that a State is not immune from an action in Federal or State court of competent jurisdiction for a violation of this Act. (Sec. 5) Prohibits public safety employers and employees from engaging in lockouts or strikes. (Sec. 6) Sets forth provisions for suits by and against labor organizations representing public safety officers. (Sec. 7) Authorizes appropriations.

Public Safety Employer-Employee Relations Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drywall Safety Act of 2012''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Secretary of Commerce should insist that the Government of the People's Republic of China, which has ownership interests in the companies that manufactured and exported problematic drywall to the United States, facilitate a meeting between the companies and representatives of the United States Government on remedying homeowners that have problematic drywall in their homes; and (2) the Secretary of Commerce should insist that the Government of the People's Republic of China direct the companies that manufactured and exported problematic drywall to submit to jurisdiction in United States Federal Courts and comply with any decisions issued by the Courts for homeowners with problematic drywall. SEC. 3. DRYWALL LABELING REQUIREMENT. (a) Labeling Requirement.--Beginning 180 days after the date of the enactment of this Act, the gypsum board labeling provisions of standard ASTM C1264-11 of ASTM International, as in effect on the day before the date of the enactment of this Act, shall be treated as a rule promulgated by the Consumer Product Safety Commission under section 14(c) of the Consumer Product Safety Act (15 U.S.C. 2063(c)). (b) Revision of Standard.--If the gypsum board labeling provisions of the standard referred to in subsection (a) are revised on or after the date of the enactment of this Act, ASTM International shall notify the Commission of such revision no later than 60 days after final approval of the revision by ASTM International. The revised provisions shall be treated as a rule promulgated by the Commission under section 14(c) of such Act (15 U.S.C. 2063(c)), in lieu of the prior version, effective 180 days after the Commission is notified of the revision (or such later date as the Commission considers appropriate), unless within 90 days after receiving that notice the Commission determines that the revised provisions do not adequately identify gypsum board by manufacturer and month and year of manufacture, in which case the Commission shall continue to enforce the prior version. SEC. 4. SULFUR CONTENT IN DRYWALL STANDARD. (a) Rule on Sulfur Content in Drywall Required.--Except as provided in subsection (c), not later than 2 years after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate a final rule pertaining to drywall manufactured or imported for use in the United States that limits sulfur content to a level not associated with elevated rates of corrosion in the home. (b) Rule Making; Consumer Product Safety Standard.--A rule under subsection (a)-- (1) shall be promulgated in accordance with section 553 of title 5, United States Code; and (2) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). (c) Exception.-- (1) Voluntary standard.--Subsection (a) shall not apply if the Commission determines that-- (A) a voluntary standard pertaining to drywall manufactured or imported for use in the United States limits sulfur content to a level not associated with elevated rates of corrosion in the home; (B) such voluntary standard is or will be in effect not later than two years after the date of enactment of this Act; and (C) such voluntary standard is developed by Subcommittee C11.01 on Specifications and Test Methods for Gypsum Products of ASTM International. (2) Federal register.--Any determination made under paragraph (1) shall be published in the Federal Register. (d) Treatment of Voluntary Standard for Purposes of Enforcement.-- If the Commission determines that a voluntary standard meets the conditions in subsection (c)(1), the sulfur content limit in such voluntary standard shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) beginning on the date that is the later of-- (1) 180 days after publication of the Commission's determination under subsection (c); or (2) the effective date contained in the voluntary standard. (e) Revision of Voluntary Standard.--If the sulfur content limit of a voluntary standard that met the conditions of subsection (c)(1) is subsequently revised, the organization responsible for the standard shall notify the Commission no later than 60 days after final approval of the revision. The sulfur content limit of the revised voluntary standard shall become enforceable as a Commission rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), in lieu of the prior version, effective 180 days after the Commission is notified of the revision (or such later date as the Commission considers appropriate), unless within 90 days after receiving that notice the Commission determines that the sulfur content limit of the revised voluntary standard does not meet the requirements of subsection (c)(1)(A), in which case the Commission shall continue to enforce the prior version. (f) Future Rulemaking.--The Commission, at any time subsequent to publication of the consumer product safety rule required by subsection (a) or a determination under subsection (c), may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the sulfur content limit or to include any provision relating only to the composition or characteristics of drywall that the Commission determines is reasonably necessary to protect public health or safety. Any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). SEC. 5. REVISION OF REMEDIATION GUIDANCE FOR DRYWALL DISPOSAL REQUIRED. Not later than 120 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall revise its guidance entitled ``Remediation Guidance for Homes with Corrosion from Problem Drywall'' to specify that problematic drywall removed from homes pursuant to the guidance should not be reused or used as a component in production of new drywall. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Drywall Safety Act of 2012 - (Sec. 2) Expresses the sense of Congress that the Secretary of Commerce should insist that: (1) the government of China, which has ownership interests in the companies that manufactured and exported problematic drywall to the United States, facilitate a meeting between the companies and U.S. government representatives about remedying affected homeowners; and (2) such companies comply with any related U.S. court decisions. (Sec. 3) Requires certain gypsum board labeling standards of ASTM International (formerly known as the American Society for Testing and Materials), as in effect on the day before the enactment of this Act, to be treated as a rule promulgated by the Consumer Product Safety Commission (CPSC). Provides procedures for: (1) ASTM International to notify the CPSC of any subsequent revision of such standards; and (2) the revised standards to become effective unless the CPSC, within a specified period, determines that the revisions do not adequately identify gypsum board by manufacturer and month and year of manufacture. (Sec. 4) Requires the CPSC to promulgate a final rule concerning drywall manufactured or imported for domestic use that limits sulfur content to a level not associated with elevated rates of corrosion in the home. Provides exceptions, and means of enforcement as a rule, if the CPSC determines that a voluntary standard (developed by a specified Subcommittee on Specifications and Test Methods for Gypsum Products of ASTM International) is adequate to permit identification and publishes the determination in the Federal Register. Provides procedures for revision of such voluntary standards. Allows the CPSC, at any time subsequent to publication of such a rule, to initiate a rulemaking to modify the sulfur content limit or include a provision relating only to drywall composition or characteristics that the CPSC determines is reasonably necessary to protect public health or safety. (Sec. 5) Directs the CPSC to revise its "Remediation Guidance for Homes with Corrosion from Problem Drywall" to specify that problematic drywall removed pursuant to the guidance should not be reused or used as a component in production of new drywall.

To prevent the introduction into commerce of unsafe drywall, to ensure the manufacturer of drywall is readily identifiable, to ensure that problematic drywall removed from homes is not reused, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flu Vaccine Incentive Act of 2005'' or the ``FLU-VIA''. SEC. 2. FINDINGS. Congress makes the following findings: (1) 30 years ago, more than a dozen companies produced the influenza vaccine in the United States. As of 2004, only 2 companies make the vaccine for the United States. (2) Currently, the influenza vaccine is grown in eggs through a process that takes approximately 6 months and consumes tens of thousands of eggs. (3) Companies are developing new technologies for the faster and safer production of the influenza vaccine. For example, one manufacturer is testing a process that relies on cell lines from silk moths, a technique that promises to shave the production time by at least a month and reduce the costs significantly. (4) The United States should do all that it can to encourage research and development of new technologies for the production of influenza vaccines. SEC. 3. TARGETING APPROPRIATED FUNDS FOR RESEARCH AND DEVELOPMENT. Effective as if included in the enactment of the Consolidated Appropriations Act, 2005 (Public Law 108-447), under the heading relating to ``Public Health and Social Services Emergency Fund'' under title II of division F, strike ``, and if determined necessary by the Secretary, the purchase of influenza vaccine,''. SEC. 4. ELIMINATION OF PRICE CAP FOR THE PURCHASE OF INFLUENZA VACCINES. (a) In General.-- (1) Vaccines for children program.--Section 1928(d)(3) of the Social Security Act (42 U.S.C. 1396s(d)(3)) is amended-- (A) in subparagraph (B), by striking ``With'' and inserting ``Except as provided in subparagraph (D), with''; and (B) by adding at the end the following new subparagraph: ``(D) Nonapplication to influenza vaccines.--With respect to contracts entered into for the purchase of a pediatric vaccine that is an influenza vaccine, and to the maximum extent practicable, with respect to any other contracts entered into by the Secretary for the purchase of an influenza vaccine, the price for the purchase of such vaccine shall be established without regard to subparagraph (B).''. (2) Effective date.--The amendments made by paragraph (1) shall apply to contracts entered into on or after the date of enactment of this Act. (b) Application to Purchases for Other Federal Programs.--Section 1928(d)(3)(D) of the Social Security Act (42 U.S.C. 1396s(d)(3)(D)), as amended by subsection (a), shall apply with respect to the purchase of an influenza vaccine by any Federal agency and in lieu of the price that would otherwise apply to such a purchase under the schedule for the purchase of drugs by the Veterans Administration under section 8126 of title 38, United States Code, under agreements negotiated by the Secretary of Health and Human Services under section 340B of the Public Health Service Act (42 U.S.C. 256b), or otherwise. SEC. 5. INCENTIVES FOR THE CONSTRUCTION OF INFLUENZA VACCINE MANUFACTURING FACILITIES. (a) Influenza Vaccine Manufacturing Facilities Investment Tax Credit.-- (1) Allowance of credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the influenza vaccine manufacturing facilities investment credit.''. (2) Amount of credit.--Section 48 of such Code is amended by adding at the end the following new subsection: ``(c) Influenza Vaccine Manufacturing Facilities Investment Credit.-- ``(1) In general.--For purposes of section 46, the influenza vaccine manufacturing facilities investment credit for any taxable year is an amount equal to 20 percent of the qualified investment for such taxable year. ``(2) Qualified investment.--For purposes of paragraph (1), the qualified investment for any taxable year is the basis of each influenza vaccine manufacturing facilities property placed in service by the taxpayer during such taxable year. ``(3) Influenza vaccine manufacturing facilities property.--For purposes of this subsection, the term `influenza vaccine manufacturing facilities property' means real and tangible personal property-- ``(A)(i) the original use of which commences with the taxpayer, or ``(ii) which is acquired through purchase (as defined by section 179(d)(2)), ``(B) which is depreciable under section 167, ``(C) which is used for the manufacture, distribution, or research and development of influenza vaccines, and ``(D) which is in compliance with any standards and regulations which are promulgated by the Food and Drug Administration, the Occupational Safety and Health Administration, or the Environmental Protection Agency and which are applicable to such property. ``(4) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(5) Termination.--This subsection shall not apply to any property placed in service after December 31, 2014.''. (b) Technical Amendments.-- (1) Subparagraph (C) of section 49(a)(1) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) the basis of any influenza vaccine manufacturing facilities property.''. (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(4)'' before the period. (3)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.''. (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2004, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of enactment of the Revenue Reconciliation Act of 1990).

Flu Vaccine Incentive Act of 2005 or FLU-VIA - Rescinds the authority of the Secretary of Health and Human Services under the Consolidated Appropriations Act, 2005, to make certain purchases of inflluenza vaccine. Amends title XIX (Medicaid) of the Social Security Act to exempt contracts entered into by the Secretary for the purchase of a pediatric influenza vaccine and other vaccines from certain price restrictions otherwise applicable to such contracts. Extends such exemption to any other Federal agency that purchases an influenza vaccine. Amends the Internal Revenue Code to allow a tax credit for investment in influenza vaccine manufacturing facilities.

A bill to target Federal funding for research and development, to amend section 1928 of the Social Security Act to encourage the production of influenza vaccines by eliminating the price cap applicable to the purchase of such vaccines under contracts entered into by the Secretary of Health and Human Services, to amend the Internal Revenue Code of 1986 to establish a tax credit to encourage vaccine production capacity, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Capture and Storage Technology Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Energy. (2) Task force.--The term ``Task Force'' means the interagency task force established by section 5(a)(1). SEC. 3. CARBON DIOXIDE SEQUESTRATION COMMERCIAL DEMONSTRATION PROJECTS. (a) In General.--The Secretary shall establish a competitive grant program to provide grants or other financial assistance to at least 3, but not more than 5, 8-year commercial demonstration projects to demonstrate the long-term effects of sequestration of carbon dioxide in deep geological formations, of which-- (1) not less than 2 of those projects shall be conducted in deep saline aquifers; and (2) the remainder may be conducted in saline aquifers combined with storage in established oil or gas fields. (b) Project Requirements.--A commercial demonstration project provided assistance under subsection (a) shall-- (1) involve injections of at least 1,000,000 tons of carbon dioxide each year; (2) include intensive characterization and monitoring of the site for the commercial demonstration project in order to evaluate-- (A) the security of the storage of carbon dioxide over the period during which the commercial demonstration project is being carried out; (B) any leakage from the site over the period during which the commercial demonstration project is being carried out; and (C) the security of the storage of carbon dioxide, including the likelihood of leakage from the site after the project has ceased to operate; (3) include development of best practices for injecting, permitting, and managing the storage area; (4) require full integration of data from the commercial demonstration project; and (5) include an evaluation of the most cost-efficient ways in which to-- (A) undertake sequestration of carbon dioxide; (B) integrate sequestration with the capture and transportation of carbon dioxide; (C) effectively monitor and verify the injected carbon dioxide; and (D) identify and manage hazards and risks associated with storage. (c) Application.--To be eligible to receive assistance under subsection (a), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Location.--In providing assistance under this section, the Secretary shall select commercial demonstration projects that are in locations that-- (1) are geologically and geophysically diverse; (2) represent a range of population densities; and (3) are in close proximity to-- (A) utilities and industrial settings; and (B) large-scale existing and planned coal-fired generation facilities. (e) Cost-Sharing Requirement.-- (1) In general.--Except as provided in paragraph (2), the non-Federal share of the cost of carrying out a commercial demonstration project under subsection (a) shall be not less than 20 nor more than 50 percent, as determined by the Secretary. (2) Exception.--The Secretary may waive the non-Federal share required under paragraph (1) as the Secretary determines to be appropriate. (f) Reports to Congress.-- (1) Initial report.--As soon as practicable, but not later than 8 years, after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that describes the preliminary results of-- (A) any commercial demonstration projects carried out under this section; and (B) the evaluation conducted under subsection (b)(5). (2) Final report.--After any demonstration projects have been operated for a sufficient period of time to gather meaningful data and performance metrics, as determined by the Secretary, but not later than 10 years after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a final report that includes the information required under paragraph (1). (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,600,000,000 for the period of fiscal years 2008 through 2015. SEC. 4. CARBON DIOXIDE CAPTURE DEMONSTRATION PROJECTS. (a) In General.--The Secretary shall establish a competitive grant program under which the Secretary shall provide grants to at least 3, but not more than 5, commercial demonstration projects for the capture of carbon emissions from coal-fired power plants. (b) Project Requirements.-- (1) In general.--A commercial demonstration project provided assistance under this section shall involve a coal- fired power plant with a nameplate capacity of at least 250, but not more than 500, megawatts. (2) Priority.--The Secretary shall give priority to integrated proposed commercial demonstration projects that would combine the capture of carbon dioxide with sequestration in deep geological formations. (c) Application.--To be eligible to receive assistance under subsection (a), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Cost-Sharing Requirement.-- (1) In general.--Except as provided in paragraph (2), the non-Federal share of the cost of carrying out a commercial demonstration project under subsection (a) shall be not less than 50 percent. (2) Exception.--The Secretary may waive the non-Federal share required under paragraph (1) if the Secretary determines that-- (A) the technology that is the subject of the commercial demonstration project is critical and the technology risk is relatively high; and (B) there are insufficient resources to provide the non-Federal share. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $2,400,000,000 for the period of fiscal years 2008 through 2015. SEC. 5. CARBON CAPTURE AND STORAGE REGULATIONS. (a) Interagency Task Force.-- (1) In general.--There is established an interagency task force to develop regulations providing guidelines and practices for the capture and storage of carbon dioxide. (2) Membership.--The Task Force shall be composed of-- (A) the Secretary; (B) the Administrator of the Environmental Protection Agency; and (C) the Secretary of the Interior (acting through the Director of the United States Geological Survey). (3) Chairperson.--The Administrator of the Environmental Protection Agency shall be the chairperson of the Task Force. (4) Consultation.--In developing regulations under this section, the Task Force shall consult with-- (A) industry experts; (B) legal experts; and (C) technical experts. (5) Requirements.--The regulations developed by the Task Force shall-- (A) take into account existing underground injection control program requirements of the Environmental Protection Agency; (B) address the certification and closure of carbon dioxide capture and storage sites; (C) address the potential appropriate transfer of liability to governmental entities; (D) provide mechanisms to ensure, monitor, and verify the safe transportation and storage of carbon dioxide; (E) provide estimate of the costs of carrying out the regulations; and (F) take into account the outcomes of demonstration projects. (6) Proposed regulations.--Not later than 3 years after the date of enactment of this Act, the Task Force shall submit to the appropriate committees of Congress the proposed regulations developed by the Task Force. (b) Promulgation.--Not later than 18 months after the date on which the proposed regulations are submitted under subsection (a)(6), the Administrator of the Environmental Protection Agency shall promulgate the regulations. (c) Update.--Not later than 3 years after the date of promulgation of the regulations under subsection (b), the Administrator of the Environmental Protection Agency shall update the regulations as necessary to take into account the results of demonstration projects carried out under sections 3 and 4. (d) Enforcement.--The Administrator of the Environmental Protection Agency shall be responsible for enforcement of, and inspections relating to, the regulations promulgated under subsections (b) and (c). SEC. 6. CARBON DIOXIDE CAPTURE AND STORAGE RESEARCH AND DEVELOPMENT. (a) Carbon Dioxide Capture Technologies.--The Director of the Office of Science, in consultation with the Assistant Secretary for Fossil Energy, shall carry out a program for the research and development of potential technologies and approaches for the capture of carbon dioxide, including the capture of carbon dioxide-- (1) through coal gasification and related capture technologies; (2) in air-blown pulverized coal combustion facilities; (3) in oxy-fueled pulverized coal combustion facilities; (4) through lower-cost separation of oxygen from air at power plants; and (5) through advanced concepts and biological systems. (b) Carbon Dioxide Storage Technologies.-- (1) In general.--The Secretary, in consultation with the Secretary of the Interior, shall carry out a program for the research and development of carbon dioxide storage technologies, including-- (A) the improved understanding of geological carbon dioxide sequestration processes and characteristics; (B) simulation activities at carbon dioxide storage sites established under this Act or any other Act; and (C) identification, management, and mitigation of hazards and risks. (2) Recommendations.--Based on the research and development activities conducted under paragraph (1), the Secretary shall develop recommendations for optimal carbon dioxide storage features, practices, and conditions. (c) Authorization of Appropriations.--There are authorized to be appropriated for the conduct of activities under-- (1) subsection (a)(1) $100,000,000 for each of fiscal years 2008 through 2012; (2) paragraphs (2) and (3) of subsection (a) $100,000,000 for each of fiscal years 2008 through 2012; (3) subsection (a)(4) $100,000,000 for each of fiscal years 2008 through 2012; and (4) subparagraphs (A) and (B) of subsection (b)(1) $50,000,000 for each of fiscal years 2008 through 2012. SEC. 7. CARBON DIOXIDE STORAGE CAPACITY ASSESSMENT. (a) Definitions.--In this section-- (1) Assessment.--The term ``assessment'' means the national assessment of capacity for carbon dioxide completed under subsection (f). (2) Capacity.--The term ``capacity'' means the portion of a storage formation that can retain carbon dioxide in accordance with the requirements (including physical, geological, and economic requirements) established under the methodology developed under subsection (b). (3) Engineered hazard.--The term ``engineered hazard'' includes the location and completion history of any well that could affect potential storage. (4) Risk.--The term ``risk'' includes any risk posed by geomechanical, geochemical, hydrogeological, structural, and engineered hazards. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (6) Storage formation.--The term ``storage formation'' means a deep saline formation, unmineable coal seam, or oil or gas reservoir that is capable of accommodating a volume of industrial carbon dioxide. (b) Methodology.--Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a methodology for conducting an assessment under subsection (f), taking into consideration-- (1) the geographical extent of all potential storage formations in all States; (2) the capacity of the potential storage formations; (3) the injectivity of the potential storage formations; (4) an estimate of potential volumes of oil and gas recoverable by injection and storage of industrial carbon dioxide in potential storage formations; (5) the risk associated with the potential storage formations; and (6) the Carbon Sequestration Atlas of the United States and Canada that was completed by the Department of Energy in April 2006. (c) Coordination.-- (1) Federal coordination.-- (A) Consultation.--The Secretary shall consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency on issues of data sharing, format, development of the methodology, and content of the assessment required under this title to ensure the maximum usefulness and success of the assessment. (B) Cooperation.--The Secretary of Energy and the Administrator shall cooperate with the Secretary to ensure, to the maximum extent practicable, the usefulness and success of the assessment. (2) State coordination.--The Secretary shall consult with State geological surveys and other relevant entities to ensure, to the maximum extent practicable, the usefulness and success of the assessment. (d) External Review and Publication.--On completion of the methodology under subsection (b), the Secretary shall-- (1) publish the methodology and solicit comments from the public and the heads of affected Federal and State agencies; (2) establish a panel of individuals with expertise in the matters described in paragraphs (1) through (5) of subsection (b) composed, as appropriate, of representatives of Federal agencies, institutions of higher education, nongovernmental organizations, State organizations, industry, and international geoscience organizations to review the methodology and comments received under paragraph (1); and (3) on completion of the review under paragraph (2), publish in the Federal Register the revised final methodology. (e) Periodic Updates.--The methodology developed under this section shall be updated periodically (including at least once every 5 years) to incorporate new data as the data becomes available. (f) National Assessment.-- (1) In general.--Not later than 2 years after the date of publication of the methodology under subsection (d)(1), the Secretary, in consultation with the Secretary of Energy and State geological surveys, shall complete a national assessment of capacity for carbon dioxide in accordance with the methodology. (2) Geological verification.--As part of the assessment under this subsection, the Secretary shall carry out a drilling program to supplement the geological data relevant to determining storage capacity of carbon dioxide in geological storage formations, including-- (A) well log data; (B) core data; and (C) fluid sample data. (3) Partnership with other drilling programs.--As part of the drilling program under paragraph (2), the Secretary shall enter, as appropriate, into partnerships with other entities to collect and integrate data from other drilling programs relevant to the storage of carbon dioxide in geologic formations. (4) Incorporation into natcarb.-- (A) In general.--On completion of the assessment, the Secretary of Energy shall incorporate the results of the assessment using the NatCarb database, to the maximum extent practicable. (B) Ranking.--The database shall include the data necessary to rank potential storage sites for capacity and risk, across the United States, within each State, by formation, and within each basin. (5) Report.--Not later than 180 days after the date on which the assessment is completed, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science and Technology of the House of Representatives a report describing the findings under the assessment. (6) Periodic updates.--The national assessment developed under this section shall be updated periodically (including at least once every 5 years) to support public and private sector decisionmaking. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for the period of fiscal years 2008 through 2012. SEC. 8. TECHNOLOGY-SHARING AGREEMENTS. The Secretary, in coordination with the Secretary of State, shall offer to enter into agreements with each of the countries of China and India, and any other country that is heavily dependent on coal-fired power plants for electricity generation, to pursue agreements under which the countries subject to an agreement shall-- (1) fund and demonstrate carbon dioxide capture and storage technologies; (2) share and transfer knowledge and information relating to those technologies; and (3) provide training with respect to those technologies.

Carbon Capture and Storage Technology Act of 2007 - Requires the Secretary of Energy to establish a competitive grant program to provide assistance to at least three, but not more than five, eight-year commercial demonstration projects to demonstrate the long-term effects of sequestration of carbon dioxide in deep geological formations, of which: (1) not fewer than two shall be conducted in deep saline aquifers; and (2) the remainder may be conducted in saline aquifers combined with storage in established oil or gas fields. Requires the Secretary to establish a competitive grant program to provide grants to at least three, but not more than five, commercial demonstration projects for the capture of carbon emissions from coal-fired power plants. Establishes an interagency task force composed of the Secretary, the Administrator of the Environmental Protection Agency (EPA), and the Secretary of the Interior to develop regulations providing guidelines and practices for the capture and storage of carbon dioxide. Requires the Director of the Office of Science to carry out a program for the research and development of potential technologies and approaches for the capture of carbon dioxide. Requires the Secretary to: (1) carry out a program for the research and development of carbon dioxide storage technologies; and (2) develop recommendations for optimal carbon dioxide storage features, practices, and conditions. Requires the Secretary to complete a national carbon dioxide storage capacity assessment. Requires the Secretary to offer to enter into agreements with China and India and any other country that is heavily dependent on coal-fired power plants for electricity generation to pursue technology-sharing agreements with respect to carbon dioxide capture and storage technologies.

A bill to provide for the conduct of carbon capture and storage technology research, development, and demonstration projects, and for other purposes.

SECTION 1. REPEAL OF 1993 INCREASE IN TAX ON SOCIAL SECURITY BENEFITS. (a) In General.--Paragraph (2) of section 86(a) of the Internal Revenue Code of 1986 (relating to social security and tier 1 railroad retirement benefits) is amended by adding at the end the following new sentence: ``This paragraph shall not apply to any taxable year beginning after December 31, 2000.'' (b) Conforming Amendments.-- (1) Paragraph (3) of section 871(a) of such Code is amended by striking ``85 percent'' in subparagraph (A) and inserting ``50 percent''. (2)(A) Subparagraph (A) of section 121(e)(1) of the Social Security Amendments of 1983 (Public Law 98-21) is amended-- (i) by striking ``(A) There'' and inserting ``There''; (ii) by striking ``(i)'' immediately following ``amounts equivalent to''; and (iii) by striking ``, less (ii)'' and all that follows and inserting a period. (B) Paragraph (1) of section 121(e) of such Act is amended by striking subparagraph (B). (C) Paragraph (3) of section 121(e) of such Act is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B). (D) Paragraph (2) of section 121(e) of such Act is amended in the first sentence by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. (d) Rebate of 2000 Taxes Attributable to 1993 Increase.-- (1) In general.--Subchapter B of chapter 65 of such Code (relating to abatements, credits, and refunds) is amended by adding at the end the following new section: ``SEC. 6429. REBATE OF 2000 TAXES ATTRIBUTABLE TO 1993 INCREASE IN TAX ON SOCIAL SECURITY BENEFITS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxpayer's first taxable year beginning in 2001 an amount equal to the amount by which the tax imposed by chapter 1 for the taxpayer's first taxable year beginning in 2000 would be reduced if paragraph (2) of section 86(a) had not applied for such taxable year. ``(b) Coordination With Advance Refunds of Credit.-- ``(1) In general.--The amount of credit which would (but for this paragraph) be allowable under this section shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (d). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(2) Joint returns.--In the case of a refund or credit made or allowed under subsection (d) with respect to a joint return, such refund or credit shall be treated as having been made or allowed to each individual filing such return in proportion to their respective amounts of social security benefits (as defined in section 86(d)) received during the taxpayer's first taxable year beginning in 2000. ``(c) Coordination With Estimated Tax.--The credit under this section shall be treated for purposes of section 6654(f) in the same manner as a credit under subpart A of part IV of subchapter A of chapter 1. ``(d) Advance Refunds of Credit.-- ``(1) In general.--Each individual shall be treated as having made a payment against the tax imposed by chapter 1 for such individual's first taxable year beginning in 2000 in an amount equal to the advance refund amount for such taxable year. ``(2) Advance refund amount.--For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such first taxable year if this section (other than subsection (b) and this subsection) had applied to such taxable year. ``(3) Timing of payments.--In the case of any overpayment attributable to this subsection, the Secretary shall, subject to the provisions of this title, refund or credit such overpayment as rapidly as possible and, to the extent practicable, before October 1, 2001. No refund or credit shall be made or allowed under this subsection after December 31, 2001. ``(4) No interest.--No interest shall be allowed on any overpayment attributable to this subsection.''. (2) Clerical amendment.--The table of sections for subchapter B of chapter 65 is amended by adding at the end the following new item: ``Sec. 6429. Rebate of 2000 taxes attributable to 1993 increase in tax on social security benefits.''.

Amends the Internal Revenue Code to repeal the tax increase on social security benefits enacted by the Revenue Reconciliation Act of 1993.Provides a credit for the amount of 2000 taxes attributable to such increase.

To amend the Internal Revenue Code of 1986 to repeal the 1993 increase in income taxes on Social Security benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Cats and Rare Canids Act of 2009''. SEC. 2. PURPOSES. The purposes of this Act are to provide financial resources and to foster international cooperation-- (1) to restore and perpetuate healthy populations of rare felids and rare canids in the wild; and (2) to assist in the conservation of rare felid and rare canid populations worldwide. SEC. 3. DEFINITIONS. In this Act: (1) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including appendices to that convention. (2) Conservation.-- (A) In general.--The term ``conservation'' means the methods and procedures necessary to bring a species of rare felid or rare canid to the point at which there are sufficient populations in the wild to ensure the long-term viability of the species. (B) Inclusions.--The term ``conservation'' includes all activities associated with protection and management of a rare felid or rare canid population, including-- (i) maintenance, management, protection, and restoration of rare felid or rare canid habitat; (ii) research and monitoring; (iii) law enforcement; (iv) community outreach and education; (v) conflict resolution initiatives; and (vi) strengthening the capacity of local communities, governmental agencies, nongovernmental organizations, and other institutions to implement conservation programs. (3) Fund.--The term ``Fund'' means the Great Cats and Rare Canids Conservation Fund established by section 4(a). (4) IUCN red list.--The term ``IUCN Red List'' means the Red List of Threatened Species Maintained by the World Conservation Union. (5) Rare canid.-- (A) In general.--The term ``rare canid'' means any of the canid species dhole (Cuon alpinus), gray wolf (Canis lupus), Ethiopian wolf (Canis simensis), bush dog (Speothos venaticus), African wild dog (Lycaon pictus), maned wolf (Chrysocyon brachyurus), and Darwin's fox (Pseudalopex fulvipes) (including any subspecies or population of such a species). (B) Exclusions.--The term ``rare canid'' does not include any subspecies or population that is native to the area comprised of the United States and Canada or the European Union. (6) Rare felid.-- (A) In general.--The term ``rare felid'' means any of the felid species lion (Panthera leo), leopard (Panthera pardus), jaguar (Panthera onca), snow leopard (Uncia uncia), clouded leopard (Neofelis nebulosa), cheetah (Acinonyx jubatus), Iberian lynx (Lynx pardina), and Borneo bay cat (Catopuma badia) (including any subspecies or population of such a species). (B) Exclusions.--The term ``rare felid'' does not include-- (i) any species, subspecies, or population that is native to the United States; or (ii) any tiger (Panthera tigris). (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. GREAT CATS AND RARE CANIDS CONSERVATION FUND. (a) Establishment.--There is established in the multinational species conservation fund established under the heading ``multinational species conservation fund'' of title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 4246), a separate account to be known as the ``Great Cats and Rare Canids Conservation Fund'', consisting of-- (1) amounts transferred to the Secretary of the Treasury for deposit in the account under subsection (c); and (2) amounts appropriated to the account under section 7. (b) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines to be necessary to provide assistance under section 5. (2) Administrative expenses.--Of the amounts in the Fund available for each fiscal year, the Secretary may use to pay the administrative expenses of carrying out this Act not more than the greater of-- (A) 3 percent; and (B) $100,000. (c) Acceptance and Use of Donations.-- (1) In general.--The Secretary may-- (A) accept and use donations to provide assistance under section 5; and (B) publish on the Internet website and in publications of the Department of the Interior a notice that the Secretary is authorized to accept and use such donations. (2) Use.--Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit in the Fund. SEC. 5. FINANCIAL ASSISTANCE. (a) In General.--Subject to the availability of funds and in consultation with other appropriate Federal officials, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of rare felid and rare canids for which project proposals are approved by the Secretary in accordance with this section. (b) Project Proposals.-- (1) Eligible applicants.--A proposal for a project for the conservation of rare felid and canids may be submitted to the Secretary by-- (A) any wildlife management authority of a country that has within its boundaries any part of the range of a rare felid or rare canid species, respectively; and (B) any person or group with the demonstrated expertise required for conservation in the wild of rare felids or rare canids, respectively. (2) Project proposals.--To be eligible for financial assistance for a project under this Act, an applicant shall submit to the Secretary a project proposal that includes-- (A) a concise statement of the purposes of the project; (B) the name of the individual responsible for conducting the project; (C) a description of the qualifications of the individuals who will conduct the project; (D) a concise description of-- (i) methods for project implementation and outcome assessment; (ii) staffing for the project; (iii) the logistics of the project; and (iv) community involvement in the project; (E) an estimate of funds and time required to complete the project; (F) evidence of support for the project by appropriate governmental entities of the countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (G) information regarding the source and amount of matching funding available for the project; and (H) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.-- (1) In general.--The Secretary shall-- (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to the appropriate Federal officials; and (B) review each project proposal in a timely manner to determine whether the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval.--Not later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other appropriate Federal officials, shall-- (A) ensure the proposal contains assurances that the project will be implemented in consultation with relevant wildlife management authorities and other appropriate government officials with jurisdiction over the resources addressed by the project; (B) approve or disapprove the proposal; and (C) provide written notification of the approval or disapproval to-- (i) the individual or entity that submitted the proposal; (ii) other appropriate Federal officials; and (iii) each country within the borders of which the project will take place. (d) Criteria for Approval.--The Secretary may approve a project proposal under this section if the project will contribute to conservation of rare felids or rare canids in the wild by assisting efforts-- (1) to implement conservation programs; (2) to address the conflicts between humans and rare felids or rare canids, respectively, that arise from competition for the same habitat or resources; (3) to enhance compliance with CITES, the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable laws that-- (A) prohibit or regulate the taking or trade of rare felids and rare canids; or (B) regulate the use and management of rare felid and rare canid habitat; (4) to develop sound scientific information on, or methods for monitoring-- (A) the condition and health of rare felid or rare canid habitat; (B) rare felid or rare canid population numbers and trends; and (C) the ecological characteristics and requirements of populations of rare felids or rare canids for which there are little or no data; (5) to promote cooperative projects among government entities, affected local communities, nongovernmental organizations, and other persons in the private sector; or (6) to ensure that funds will not be appropriated for the purchase or lease of land to be used as suitable habitat for felids or canids. (e) Project Sustainability.--In approving project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of rare felids and rare canids and their habitats. (f) Matching Funds.--In determining whether to approve project proposals under this section, the Secretary shall give preference to projects any portion of the costs of which will be provided with matching funds. (g) Project Reporting.-- (1) In general.--Each individual or entity that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary considers necessary) that include all information that the Secretary, after consultation with other appropriate government officials, determines to be necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to public.--Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public. (h) Limitations.-- (1) Use for captive breeding or display.--Amounts provided as a grant under this Act-- (A) may not be used for captive breeding or display of rare felids and rare canids, other than captive breeding for release into the wild; and (B) may be used for captive breeding of a species for release into the wild only if no other conservation method for the species is biologically feasible. (2) Ineligible countries.--Amounts provided as a grant under this Act may not be expended on any project in a country the government of which has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State pursuant to-- (A) section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor to that Act); (B) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or (C) section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)). (i) Advisory Group.-- (1) In general.--To assist in carrying out this Act, the Secretary may establish an advisory group, consisting of individuals representing public and private organizations actively involved in the conservation of felids and canids. (2) Public participation.-- (A) Meetings.--The advisory group shall-- (i) ensure that each meeting of the advisory group is open to the public; and (ii) provide, at each meeting, an opportunity for interested individuals to present oral or written statements concerning items on the agenda. (B) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group, including the meeting agenda. (C) Minutes.--The minutes of each meeting of the advisory group shall be-- (i) kept by the Secretary; and (ii) made available to the public. (3) Nonapplicability of federal advisory committee act.-- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group. SEC. 6. STUDY OF CONSERVATION STATUS OF FELID AND CANID SPECIES. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary shall initiate a study of felid and canid species listed under the IUCN Red List that are not rare canids or rare felids, respectively, to determine-- (1) the conservation status of each such species in the wild, including identification of any such species that are critically endangered or endangered; and (2) whether any such species that should be made eligible for assistance under this Act. (b) Report.--Not later than 2 years after date of enactment of this Act, the Secretary shall submit to Congress a report describing the determinations made in the study, including recommendations of additional felid species and canid species that should be made eligible for assistance under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) to the Fund, $5,000,000 for each of fiscal years 2010 through 2014 to carry out this Act, other than section 6; and (2) such sums as are necessary to carry out section 6.

Great Cats and Rare Canids Act of 2009 - (Sec. 4) Establishes the Great Cats and Rare Canids Conservation Fund as a separate account of the Multinational Species Conservation Fund. (Sec. 5) Directs the Secretary of the Interior to use Fund amounts to provide assistance for projects for the conservation of rare felids and rare canids. Sets forth provisions governing project proposals, review, and approval. Defines "rare canid" to mean any of the canid species dhole, gray wolf, Ethiopian wolf, bush dog, African wild dog, maned wolf, and Darwin's fox, including any subspecies of such a species and excluding any subspecies or population that is native to the area comprised of the United States and Canada or the European Union. Defines "rare felid" to mean any of the felid species lion, leopard, jaguar, snow leopard, clouded leopard, cheetah, Iberian lynx, and Borneo bay cat, including any subspecies of such a species and excluding any species, subspecies, or population that is native to the United States and any tiger. Prohibits: (1) the use of assistance under this Act for captive breeding or display purposes, other than captive breeding for release into the wild where no other conservation method for the species is biologically feasible; or (2) the expenditure of such assistance for any project in a country the government of which has repeatedly provided support for acts of international terrorism. Authorizes the Secretary to establish an advisory group to assist in carrying out this Act, which shall provide for public participation. (Sec. 6) Requires the Secretary to initiate and report to Congress on a study of felid and canid species listed under the Red List of Threatened Species Maintained by the World Conservation Union that are not rare canids or rare felids (as defined in this Act), to determine: (1) the conservation status of each such species in the wild, including identification of those that are critically endangered or endangered; and (2) whether any such species should be made eligible for project assistance. (Sec. 7) Authorizes appropriations.

A bill to assist in the conservation of rare felids and rare canids by supporting and providing financial resources for the conservation programs of countries within the range of rare felid and rare canid populations and projects of persons with demonstrated expertise in the conservation of rare felid and rare canid populations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Traumatic Brain Injury Access to Options Act''. SEC. 2. CARE AND SERVICES FOR MEMBERS OF THE ARMED FORCES FOR TRAUMATIC BRAIN INJURY. (a) Retention on Active Duty.-- (1) In general.--Except as provided in paragraph (3) and subject to paragraph (4), the Secretary of Defense shall prescribe regulations to ensure that each member of the Armed Forces who incurs a covered traumatic brain injury while on active duty in the Armed Forces shall be retained on active duty in the Armed Forces for one year after the medical assessment of their ability to perform their activities of daily living (ADL). (2) Limitation on physical evaluation board.--A member of the Armed Forces who is retained on active duty under paragraph (1) may not be evaluated by a Physical Evaluation Board for purposes of determining the eligibility of the member for retirement or separation for disability under law during the one-year period described in that paragraph. (3) Election of inapplicability.--(A) Paragraph (1) shall not apply to a member of the Armed Forces otherwise described by that paragraph-- (i) upon the election of the member; or (ii) if the member is incapacitated or otherwise incapable of making the election-- (I) upon the election of the family member; (II) upon the election of the legal guardian of the member under a medical power of attorney; or (III) if the member does not have any family members or a medical power of attorney, the person appointed by the Secretary of the military department concerned to act as the medical advocate to ensure the proper receipt by the member of such care and services for the covered traumatic brain injury as are available to the member through the Department of Defense. (B) In any case where a family member or legal guardian of a member of the Armed Forces is present, the medical advocate shall provide a written summary of benefits from the Department of Defense and the Department of Veterans Affairs that are available to the member of the Armed Forces for the injury or injuries involved. (C) Any individual who carries out the duties of a medical advocate under this paragraph shall receive such training for the discharge of such duties, including training in applicable protocols of the Department of Defense and the Department of Veterans Affairs, as the Secretary of Defense (in consultation with the Secretary of Veterans Affairs) considers appropriate. (D) The Secretary of Defense shall prescribe regulations to carry out this paragraph. (4) Extension of period of retention on active duty.--The period of retention of a member of the Armed Forces on active duty under paragraph (1) may be such period longer than the period otherwise provided under that paragraph as the Secretary of the military department concerned considers appropriate in light of the medical progress of the member for the covered traumatic brain injury, as determined by such Secretary in consultation with the medical personnel providing care to the member for the covered traumatic brain injury and the family member, legal guardian, or medical advocate of the member. (5) Purposes of retention on active duty.--The purposes of retaining a member of the Armed Forces on active duty under paragraph (1) shall include, but not be limited to, the following: (A) The provision of recurring medical evaluations of the member for the effects of a covered traumatic brain injury. (B) The provision of cognitive therapy for the member for a covered traumatic brain injury, including cognitive therapy through medical facilities of the Veterans Administration and private rehabilitation hospitals or facilities with the cost of such therapy borne by the Department of Defense. (6) Sunset.--This subsection shall expire on the date that is five years after the date of the enactment of this Act. However, any member of the Armed Forces retained on active duty under paragraph (1) before that date may be retained on active duty in accordance with this subsection after that date. (b) Comptroller General Assessments of Care and Services Provided by Department of Defense and Department of Veterans Affairs.--Not later than two years after the date of the enactment of this Act, and every year thereafter, the Comptroller General of the United States shall submit to Congress a report assessing the discrepancies in benefits and services available to members of the Armed Forces on active duty and medically retired members of the Armed Forces with traumatic brain injuries. Each such report shall identify and address such discrepancies. (c) Deadline for Regulations.--The Secretary of Defense shall prescribe the regulations required by this section not later than 90 days after the date of the enactment of this Act. (d) Covered Traumatic Brain Injury Defined.--In this section, the term ``covered traumatic brain injury'', in the case of a member of the Armed Forces, means a traumatic brain injury as a result of which the member is unable to perform the activities of daily living (ADL) for a period of least five consecutive days from the date of medical assessment.

Traumatic Brain Injury Access to Options Act - Directs the Secretary of Defense to ensure that each member of the Armed Forces who incurs a traumatic brain injury (where the member is unable to perform activities of daily living for at least five consecutive days from the date of a medical assessment) while on active duty shall be retained on active duty for one year after the date of the assessment. Prohibits such member from being evaluated during the one-year period by a physical evaluation board for determining eligibility for retirement or separation due to such disability. Allows a member (or his or her guardian or legal advocate) to choose to make such requirements inapplicable to the member. Authorizes the Secretary of the military department concerned to extend the one-year period as appropriate in light of medical progress. Requires annual Comptroller General assessments of traumatic brain injury care and services provided by the Departments of Defense and Veterans Affairs.

A bill to facilitate the provision of care and services for members of the Armed Forces for traumatic brain injury, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans TRICARE Choice Act of 2016''. SEC. 2. COORDINATION BETWEEN TRICARE PROGRAM AND ELIGIBILITY TO MAKE CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS. (a) In General.--Section 223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) coverage under the TRICARE program under chapter 55 of title 10, United States Code, for any period with respect to which an election is in effect under section 1097e of such title providing that the individual is ineligible to be enrolled in (and receive benefits under) such program.''. (b) Provisions Relating to Election of Ineligibility Under TRICARE.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1097d the following new section: ``Sec. 1097e. TRICARE program: election of eligibility ``(a) Election.--Beginning January 1, 2017, a TRICARE-eligible individual may elect at any time to be ineligible to enroll in (and receive any benefits under) the TRICARE program. ``(b) Change of Election.--(1) If a TRICARE-eligible individual makes an election under subsection (a), the TRICARE-eligible individual may later elect to be eligible to enroll in the TRICARE program. An election made under this subsection may be made only during a special enrollment period. ``(2) The Secretary shall ensure that a TRICARE-eligible individual who makes an election under subsection (a) may efficiently enroll in the TRICARE program pursuant to an election under paragraph (1), including by maintaining the individual, as appropriate, in the health care enrollment system under section 1099 of this title in an inactive manner. ``(c) Period of Election.--If a TRICARE-eligible individual makes an election under subsection (a), such election shall be in effect beginning on the date of such election and ending on the date that such individual makes an election under subsection (b)(1) to enroll in the TRICARE program. ``(d) Health Savings Account Participation.--(1) For provisions allowing participation in a health savings account in connection with coverage under a high deductible health plan during the period that the election under subsection (a) is in effect, see section 223(c)(1)(B)(iv) of the Internal Revenue Code of 1986. ``(2) The Secretary shall submit to the Commissioner of Internal Revenue the name of, and any other information that the Commissioner may require with respect to, each TRICARE-eligible individual who makes an election under subsection (a) or (b), not later than 90 days after such election, for purposes of determining the eligibility of such TRICARE-eligible individual for a health savings account described in paragraph (1). ``(e) Records.--The Secretary shall ensure that a TRICARE-eligible individual who makes an election under subsection (a) is maintained on the Defense Enrollment Eligibility Reporting System, or successor system, regardless of whether the individual is eligible for the TRICARE program during the period of such election. ``(f) Provision of Information.--The Secretary shall provide to each TRICARE-eligible individual who seeks to make an election under subsection (a) information regarding-- ``(1) health savings accounts in connection with coverage under a high deductible health plan described in subsection (d)(1), including a comparison of such health saving accounts and the health care benefits the individual is eligible to receive under the TRICARE program; and ``(2) changing such an election under subsection (b)(1). ``(g) Annual Report.--Not later than 60 days after the end of each fiscal year, the Secretary shall submit to the congressional defense committees a report on elections by TRICARE-eligible individuals under this section that includes the following: ``(1) The number of TRICARE-eligible individuals, as of the date of the submittal of the report, who are ineligible to enroll in (and receive any benefits under) the TRICARE program pursuant to an election under subsection (a). ``(2) The number of TRICARE-eligible individuals who made an election described under subsection (a) but, as of the date of the submittal of the report, are enrolled in the TRICARE program pursuant to a change of election under subsection (b). ``(h) Definitions.--In this section: ``(1) The term `TRICARE-eligible individual' means an individual who is-- ``(A) eligible to be a covered beneficiary entitled to health care benefits under the TRICARE program (determined without regard to this section); and ``(B) not serving on active duty in the uniformed services. ``(2) The term `special enrollment period' means the period in which a beneficiary under the Federal Employees Health Benefits program under chapter 89 of title 5 may enroll in or change a plan under such program by reason of a qualifying event or during an open enrollment season. For purposes of this section, such qualifying events shall also include events determined appropriate by the Secretary of Defense, including events relating to a member of the armed forces being ordered to active duty.''. (2) Conforming amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1097d the following new item: ``1097e. TRICARE program: election of eligibility.''. (c) Effective Date.--The amendments made by subsection (a) shall apply to months beginning after December 31, 2016. Passed the House of Representatives November 29, 2016. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on November 14, 2016. Veterans TRICARE Choice Act of 2016 (Sec. 2) This bill allows, as of January 1, 2017, an individual who is eligible to be a covered beneficiary entitled to health care benefits under the TRICARE program (a Department of Defense [DOD] managed health care program) and who is not serving on active duty in the uniformed services to: (1) elect to be ineligible to enroll in TRICARE, (2) make tax deductible contributions to a health savings account during the period such individual elects to be ineligible for TRICARE coverage, and (3) enroll in the TRICARE program at a later date during a special enrollment period. DOD shall submit to the Internal Revenue Service information on each TRICARE-eligible individual who makes such election for purposes of determining such individual's eligibility for a health savings account. DOD shall provide to each TRICARE-eligible individual who seeks to make such election information regarding: (1) health savings accounts, and (2) changing an election.

Veterans TRICARE Choice Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Cybercrime Reporting and Cooperation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Computer systems; computer data.--The terms ``computer system'' and ``computer data'' have the meanings given those terms in chapter I of the Convention on Cybercrime. (2) Convention on cybercrime.--The term ``Convention on Cybercrime'' means the Council of Europe Convention on Cybercrime, done at Budapest November 23, 2001. (3) Cybercrime.--The term ``cybercrime'' refers to criminal offenses relating to computer systems or computer data described in the Convention on Cybercrime. (4) INTERPOL.--The term ``INTERPOL'' means the International Criminal Police Organization. (5) Relevant federal agencies.--The term ``relevant Federal agencies'' means any Federal agency that has responsibility for combating cybercrime globally, including the Department of Justice, the Department of Homeland Security, the Department of the Treasury, and the Department of State. SEC. 3. ANNUAL REPORT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a report-- (1) assessing, with respect to each country that is a member state of the United Nations-- (A) the extent of the development and utilization of information and communications technologies in the critical infrastructure, telecommunications systems, and financial industry of the country; (B) the extent and nature of activities relating to cybercrime that are based in the country; (C) the adequacy and effectiveness of the laws, regulations, and judicial and law enforcement systems in the country with respect to combating cybercrime; and (D) measures taken by the government of the country to ensure the free flow of electronic commerce and to protect consumers from cybercrime; (2) identifying countries that are member states of the United Nations that the President determines have a low level of development or utilization of information and communications technologies in their critical infrastructure, telecommunications systems, and financial industries; (3) assessing any multilateral efforts-- (A) to prevent and investigate cybercrime; (B) to develop and share best practices to directly or indirectly combat cybercrime; and (C) to cooperate and take action with respect to the prevention, investigation, and prosecution of cybercrime; and (4) describing the steps taken by the United States to promote the multilateral efforts referred to in paragraph (3). (b) Additional Information To Be Included in Subsequent Reports.-- In each report required to be submitted under subsection (a) after the first report required by that subsection, the President shall include, in addition to the information required by that subsection-- (1) an identification of countries for which action plans have been developed under section 5; and (2) an assessment of the extent of the compliance of each such country with the action plan developed for that country. (c) Consultations.--It is the sense of Congress that the President should consult with the relevant Federal agencies, industry groups, civil society organizations, and other interested parties in making the assessments required by paragraphs (1) through (3) of subsection (a) and subsection (b). (d) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. SEC. 4. UTILIZATION OF FOREIGN ASSISTANCE PROGRAMS. (a) Priority With Respect to Foreign Assistance Programs To Combat Cybercrime.-- (1) In general.--The President shall give priority to a country described in paragraph (2) with respect to foreign assistance and other programs designed to combat cybercrime in the country by improving the effectiveness and capacity of the legal and judicial systems and the capabilities of law enforcement agencies with respect to cybercrime. (2) Countries described.--A country described in this paragraph is a country identified under section 3(a)(2) as having a low level of development or utilization of information and communications technologies in its critical infrastructure, telecommunications systems, and financial industry. (b) Sense of Congress With Respect to Bilateral and Multilateral Assistance.--It is the sense of Congress that-- (1) the President should include programs designed to combat cybercrime in any bilateral or multilateral assistance that-- (A) is extended to a country identified under section 3(a)(2) as having a low level of development or utilization of information and communications technologies in its critical infrastructure, telecommunications systems, and financial industry; and (B) addresses the critical infrastructure, telecommunications systems, financial industry, legal or judicial systems, or law enforcement capabilities of that country; and (2) such assistance should be provided in a manner that allows the country to sustain the advancements in combating cybercrime resulting from the assistance after the termination of the assistance. SEC. 5. ACTION PLANS FOR COMBATING CYBERCRIME FOR COUNTRIES OF CYBER CONCERN. (a) Development of Action Plans.-- (1) In general.--Not later than 1 year after the President submits the first report required by section 3(a), the President shall develop, for each country that the President determines under subsection (b) is a country of cyber concern, an action plan-- (A) to assist the government of that country to improve the capacity of the country to combat cybercrime; and (B) that contains benchmarks described in subsection (c). (2) Reassessment of countries.--Not later than 2 years after the President submits the first report required by section 3(a), and annually thereafter, the President shall-- (A) reassess the countries for which the President has developed action plans under paragraph (1); (B) determine if any of those countries no longer meet the criteria under subsection (b) for being countries of cyber concern; and (C) determine if additional countries meet the criteria under subsection (b) for being countries of cyber concern and develop action plans for those countries. (3) Consultations.--The President, acting through the Secretary of State and, as appropriate, the employees of the Department of State described in section 6, shall consult with the government of each country for which the President develops an action plan under paragraph (1) or (2) with respect to-- (A) the development of the action plan; and (B) the efforts of the government of that country to comply with the benchmarks set forth in the action plan. (b) Countries of Cyber Concern.--The President shall determine that a country is a country of cyber concern if the President finds that-- (1) there is significant credible evidence that a pattern of incidents of cybercrime against the United States Government, private entities incorporated under the laws of the United States, or other United States persons has been carried out by persons within the country during the 2-year period preceding the date of the President's determination; and (2) the government of the country has demonstrated a pattern of being uncooperative with efforts to combat cybercrime by-- (A) failing to conduct its own reasonable criminal investigations, prosecutions, or other proceedings with respect to the incidents of cybercrime described in paragraph (1); (B) failing to cooperate with the United States, any other party to the Convention on Cybercrime, or INTERPOL, in criminal investigations, prosecutions, or other proceedings with respect to such incidents, consistent with chapter III of the Convention on Cybercrime; or (C) not adopting or implementing legislative or other measures consistent with chapter II of the Convention on Cybercrime with respect to criminal offenses related to computer systems or computer data. (c) Benchmarks Described.--The benchmarks described in this subsection-- (1) are such legislative, institutional, enforcement, or other actions as the President determines necessary to improve the capacity of the country to combat cybercrime; and (2) may include-- (A) the initiation of credible criminal investigations, prosecutions, or other proceedings with respect to the incidents of cybercrime that resulted in the determination of the President under subsection (b) that the country is a country of cyber concern; (B) cooperation with, or support for the efforts of, the United States, other parties to the Convention on Cybercrime, or INTERPOL in criminal investigations, prosecutions, or other proceedings with respect to such persons, consistent with chapter III of the Convention on Cybercrime; or (C) the implementation of legislative or other measures consistent with chapter II of the Convention on Cybercrime with respect to criminal offenses related to computer systems or computer data. (d) Failure To Meet Action Plan Benchmarks.-- (1) In general.--If, 1 year after the date on which an action plan is developed under subsection (a), the President, in consultation with the relevant Federal agencies, determines that the government of the country for which the action plan was developed has not complied with the benchmarks in the action plan, the President is urged to take one or more of the actions described in paragraph (2) with respect to the country. (2) Presidential action described.-- (A) In general.--Subject to subparagraph (B), the actions described in this paragraph with respect to a country are the following: (i) Overseas private investment corporation financing.--Suspend, restrict, or prohibit the approval of new financing (including loans, guarantees, other credits, insurance, and reinsurance) by the Overseas Private Investment Corporation with respect to a project located in the country or in which an entity owned or controlled by the government of the country participates. (ii) Export-import bank financing.-- Suspend, restrict, or prohibit the approval of new financing (including loans, guarantees, other credits, insurance, and reinsurance) by the Export-Import Bank of the United States in connection with the export of any good or service to the country or to an entity owned or controlled by the government of the country. (iii) Multilateral development bank financing.--Instruct the United States Executive Director of each multilateral development bank (as defined in section 1307(g) of the International Financial Institutions Act (22 U.S.C. 262m-7(g))) to oppose the approval of any new financing (including loans, guarantees, other credits, insurance, and reinsurance) by the multilateral development bank to the government of the country or with respect to a project located in the country or in which an entity owned or controlled by the government of the country participates. (iv) Trade and development agency.-- Suspend, restrict, or prohibit the provision of assistance by the Trade and Development Agency in connection with a project located in the country or in which an entity owned or controlled by the government of the country participates. (v) Preferential trade programs.--Suspend, limit, or withdraw any preferential treatment for which the country qualifies under the Generalized System of Preferences under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.), the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.), the Andean Trade Preference Act (19 U.S.C. 3201 et seq.), or the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.). (vi) Foreign assistance.--Suspend, restrict, or withdraw the provision of foreign assistance to the country or with respect to projects carried out in the country, including assistance provided under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). (B) Exception.--The President may not suspend, restrict, prohibit, or withdraw assistance described in clause (iv) or (vi) of subparagraph (A) that is provided for projects related to building capacity or taking actions to combat cybercrime. (3) Restoration of benefits.--The President shall revoke any actions taken with respect to a country under paragraph (2) on the date on which the President, in consultation with the relevant Federal agencies, determines and certifies to Congress that the government of the country has complied with the benchmarks described in subsection (c). (e) Waiver.-- (1) In general.--The President may waive the requirement under subsection (a) to develop an action plan for a country or the requirement under subsection (b) to make a determination with respect to a country if the President-- (A) determines that such a waiver is in the national interest of the United States; and (B) submits to Congress a report describing the reasons for the determination. (2) Form of report.--A report submitted under paragraph (1)(B) shall be submitted in unclassified form, but may contain a classified annex. SEC. 6. DESIGNATION OF OFFICIALS IN THE DEPARTMENT OF STATE TO BE RESPONSIBLE FOR COMBATING CYBERCRIME. The Secretary of State shall-- (1) designate a high-level employee of the Department of State-- (A) to coordinate the full range of activities, policies, and opportunities associated with combating cybercrime and foreign policy; and (B) whose primary responsibility will be to further those activities, policies, and opportunities at an international level; and (2) in consultation with the heads of other relevant Federal agencies and in coordination with the relevant chief of mission, assign an employee to have primary responsibility with respect to matters relating to cybercrime policy in each country or region that the Secretary considers significant with respect to efforts of the United States Government to combat cybercrime globally. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

International Cybercrime Reporting and Cooperation Act - Directs the President to report annually to Congress regarding: (1) foreign countries’ use of information and communications technologies (ICT) in critical infrastructure, cybercrime based in each country, the adequacy of each country’s legal and law enforcement systems addressing cybercrime, and online protection of consumers and commerce; (2) multilateral efforts to prevent and investigate cybercrime, including U.S. actions to promote such multilateral efforts; and (3) countries for which action plans have been developed. Directs the President to give priority for assistance to improve legal, judicial, and enforcement capabilities with respect to cybercrime to countries with low ICT levels of development or utilization in their critical infrastructure, telecommunications systems, and financial industries. Directs the President to develop an action plan (with legislative, institutional, or enforcement benchmarks) and annual compliance assessment for each country determined to be a country of cyber concern: (1) from which there is a pattern of cybercrime incidents against the U.S. government, private U.S. entities, or other U.S. persons; and (2) whose government is uncooperative with efforts to combat cybercrime. Urges the President to take restrictive actions against a country that has not complied with the appropriate benchmarks with respect to: (1) the Overseas Private Investment Corporation (OPIC); (2) the Export-Import Bank of the United States; (3) multilateral development financing; (4) the Trade and Development Agency; (5) preferential trade programs; and (6) foreign assistance. Authorizes the President to waive the requirements to develop an action plan or make a determination of cyber concern if in U.S. national interest. Directs the Secretary of State to: (1) designate a high-level Department of State employee to coordinate anti-cybercrime activities; and (2) assign an employee to have primary responsibility for cybercrime policy in each country or region significant to U.S. anti-cybercrime efforts.

A bill to require reporting on certain information and communications technologies of foreign countries, to develop action plans to improve the capacity of certain countries to combat cybercrime, and for other purposes.

SECTION 1. EMPLOYER REDUCTIONS. (a) In General.--An employer planning a reduction in operations at a workplace shall provide written notice to all of the following: (1) All employees of the employer who are employed at the affected workplace. (2) The labor organization which represents those employees for collective bargaining, if such an organization exists. (3) The elected officials of the community in which the affected workplace is located. (4) The Secretary of Labor. (b) Giving of Notice.--The notice required by subsection (a) shall be given not less than 3 months before the actual reduction in operations is effected, unless the provisions of any bona fide collective bargaining agreement covering the affected workplace requires a longer advance notification period, in which case the provisions of the collective bargaining agreement shall take precedence. (c) Notice Content.--The notice required by subsection (a) shall contain the following: (1) The name, location, and nature of the workplace affected by the planned reduction in operations. (2) The reasons for the reduction in operations. (3) An estimate of the duration of the reduction in operations. (4) The number of employees to be affected by the planned reduction in operations. (5) A description of rights and benefits relating to due process, seniority, and severance pay that are guaranteed to employees under collective bargaining agreements or the personnel policies of the employer in the event of a reduction in operations. (d) Application.--The notice required by subsection (a) shall not apply-- (1) if any unforeseen event causes a reduction in operations; (2) to reductions in operations resulting solely from labor disputes; (3) to reductions in operations that occur in any of the commercial, industrial, or agricultural enterprises operated by a State or any of its political subdivisions; (4) to reductions in operations that occur at construction sites or other workplaces that were never intended as other than a temporary or seasonal workplace; (5) to reductions in operations resulting from seasonal factors that are determined by the Secretary of Labor to be customary in the industry of which the employer is a part; and (6) to reductions in operations resulting from any employer who has filed for bankruptcy in accordance with Federal bankruptcy laws. SEC. 2. ACTION BY THE SECRETARY OF LABOR. When a reduction in operations will result from a complete workplace closure or relocation, not later than 130 days after receipt of the notice of a reduction in operations under section 1, the Secretary of Labor, with the assistance of State agencies as necessary or appropriate, shall do the following: (1) Coordinate all State government services for the alleviation of the economic distress suffered by displaced workers. (2) When the reduction in operations will result from a workplace closure or relocation, complete an initial study of the feasibility of establishing a community-owned, employee- owned, or jointly owned business to continue operations at the workplace. SEC. 3. ACTION BY EMPLOYER. An employer planning to effect a reduction in operations at a workplace, after giving notice of the reduction in operations as required by section 1, shall do the following: (1) When the reduction in operations is a complete closure or relocation of the workplace, make a good faith offer of sale at fair market value of the workplace, equipment, and inventory to the community in which the workplace is located, or to an organization of the employees of the workplace which singly or in combination attempts to form a community-owned, employee- owned, or jointly owned business at the workplace to be closed or relocated. Any offer made under this paragraph shall not be withdrawn earlier than the 50th day after the community and employee organization officials have been notified in writing by the employer of the assistance available under section 5. (2) Sales under paragraph (1) shall be predicated on the continued compliance with the provisions of any bona fide collective bargaining agreement covering the workplace to be closed or relocated. If the collective bargaining agreement at the workplace to be closed has expired, or will expire during the 1-year period after notification of the complete closure or relocation, the prospective buyer shall agree, as a condition for sale, to bargain in good faith with employee representatives at the workplace to be closed. SEC. 4. REDUCTION IN OPERATIONS IN EFFECT. When a reduction in operations takes effect, the employer shall provide a choice of the following benefits to each affected employee: (1)(A) Permanent preference rights in hiring and employment at other workplaces of the employer and, when the employee accepts employment at another workplace, vacation benefits, and health, welfare, and pension benefits earned while previously employed by the employer. (B) Severance pay benefits equal to one week's wages for each completed year of service up to the date of termination, computed on the basis of 40 straight time hours at the employee's regular wage rate. A bonus of 1 week of pay shall be paid for each 5 years of service up to the termination date in addition to 1 week's pay per year of service up to the termination date. In no case shall any affected employee receive severance pay benefits for less than 3 weeks of wages computed on the basis of 40 straight time hours at the employee's regular wage rate. (2) When the employee accepts a transfer to a workplace of the employer which is 40 miles or more from the employee's residence, payment for the movement of normal household goods, reimbursement for the reasonable one-way transportation costs for the employee and the employee's dependents to the new residence, and reimbursement for reasonable legal fees and other fees and closing costs associated with purchase or rental of a new residence up to a maximum of $500. (3) Employers shall give the affected employees 30 days to choose between the severance pay benefits and preference rights benefits. If, at the end of 30 days, an affected employee has failed to choose 1 of the 2 options, the employer may assign one of the options to that affected employee. (4) In all cases of a reduction in operation, the employer shall maintain a continuation of the employer's share of premiums and contributions for any employee health and insurance benefit plans in effect at the start of the reduction in operations for one year, or until the employee becomes eligible for health and insurance benefits as a result of reemployment, whichever is sooner. (5) The terms of a lawful collective bargaining agreement shall prevail over any provision of this Act with which they conflict. SEC. 5. TECHNICAL ASSISTANCE. The Secretary of Labor shall provide the following technical assistance upon request of employees or communities adversely affected by reductions in operations: (1) Conducting informational meetings for employees, employee organizations, and community organizations about the advantages and disadvantages of community-owned businesses and about the services and technical assistance available through the Secretary of Labor. (2) Evaluation of the feasibility and economic viability of a proposed community-owned business, based on the results of the study described in section 2. (3) Technical assistance as needed to community groups. SEC. 6. ENFORCEMENT. The Secretary of Labor shall enforce this Act. The Secretary may issue subpoenas, subpoenas duces tecum, administer oaths, obtain evidence, and take testimony in all matters relating to the requirements of this Act. SEC. 7. PENALTIES. (a) Civil Penalty.--An employer that fails to provide notice of a planned reduction in operations as required under section 1 shall be liable to the United States for a civil penalty of not more than $1,000 for each affected employee. (b) Civil Penalty Order.--When an order assessing a civil penalty becomes final by operation of law or on appeal, unless the amount of the penalty is paid within 10 days after the order becomes final, it constitutes a judgment and may be filed with the county clerk in any State. The clerk shall thereupon record the name of the person incurring the penalty and the amount of the penalty in the judgment docket. The penalty provided in the order so docketed shall become a lien upon the title to any interest in property owned by the person against whom the order is entered, and execution may be issued upon the order in the same manner as execution upon the judgment of a court of record. (c) Civil Actions Against Employers.--(1) Any employer that fails to provide notice of a planned reduction in operations as required under section 1 shall be liable to each aggrieved employee who suffers an employment loss as a result of such failure for-- (A) back pay for each day of violation at a rate of compensation not less than the higher of-- (i) the average regular rate received by such employee during the last 3 years of the employee's employment; or (ii) the final regular rate received by such employee; and (B) benefits under an employee benefit plan described in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), including the cost of medical expenses incurred during the employment loss which would have been covered under an employee benefit plan if the employment loss had not occurred. Such liability shall be calculated for the period of the violation, up to a maximum of 60 days, but in no event for more than one-half the number of days the employee was employed by the employer. (2) The amount for which an employer is liable under paragraph (1) shall be reduced by-- (A) any wages paid by the employer to the employee for the period of the violation; (B) any voluntary and unconditional payment by the employer to the employee that is not required by any legal obligation; and (C) any payment by the employer to a third party or trustee (such as premiums for health benefits or payments to a defined contribution pension plan) on behalf of and attributable to the employee for the period of the violation. In addition, any liability incurred under paragraph (1) with respect to a defined benefit pension plan may be reduced by crediting the employee with service for all purposes under such a plan for the period of the violation. SEC. 8. DEFINITIONS. As used in this Act: (1) The term ``affected employee'' means any employee who has been an employee for at least 13 weeks during the preceding 52 weeks at a workplace and whose employment is terminated by a reduction in operations at that workplace. (2) The term ``employer'' means any business enterprise that employs 100 or more employees, excluding part-time employees, or 100 or more employees who in the aggregate work at least 4000 hours per week (exclusive of hours of overtime). (3) The term ``community'' means, for any particular employer, the city in which the employer is located or, if not located in a city, the county in which the employer is located. (4) The term ``community-owned business'' means a business which is either of the following: (A) At least 51 percent owned by a not-for-profit corporation established primarily for the purpose of advancing the economic development of the community, as defined in paragraph (3), provided that the majority of the members of the controlling board of directors of the not-for-profit corporation shall be comprised of elected representatives of the community. (B) At least 51 percent owned by the city or county in which the workplace of the employer is located and which is controlled by the electorate of the city or county through elected officials or an elected or appointed board of directors. (5) The term ``reductions in operations'' means either the transfer of any part of an employer's operation from one workplace to another existing or proposed site, or the shutting down of a workplace or any part of a workplace so as to reduce the number of employees at the workplace being shut down or relocated by at least 25 percent or 15 employees, whichever is greater, over any 3-month period. (6) The term ``taxing districts'' means any city, county, or special district permitted by law to tax employers with workplaces located within its boundaries. (7) The term ``workplace'' means any factory, plant, office, or other facility where an employer has hired employees to produce goods or provide services. (8) The term ``employee-owned business'' means a employer owned entirely by the employees of the employer and controlled by those employees or by a board of directors selected by those employees. (9) The term ``jointly-owned business'' means a employer owned jointly by a city or county and the employees of the employer and controlled by a board of directors selected by the city, county, or employees.

Requires employers of 100 or more employees who are planning a reduction in operations at a workplace to give written notice meeting specified requirements to: (1) all their employees at the affected workplace; (2) the labor organization representing those employees for collective bargaining; (3) the elected officials of the community in which the affected workplace is located; and (4) the Secretary of Labor. Directs the Secretary, when a reduction in operations will result from a complete workplace closure or relocation, after receipt of such notice and with the assistance of State agencies, to: (1) coordinate all State government services for the alleviation of the economic distress suffered by displaced workers; and (2) study the feasibility of establishing a community-owned, employee-owned, or jointly owned business to continue operations at the workplace. Requires the employer in such circumstances, after giving such notice, and subject to certain requirements to make a good faith offer of sale at fair market value of the workplace, equipment, and inventory to the community in which the workplace is located, or to an organization of the workplace employees which singly or in combination attempts to form a community-owned, employee-owned, or jointly owned business at the workplace to be closed or relocated. Subjects such sales to continued compliance with any bona fide collective bargaining agreement covering the workplace concerned, or good faith bargaining with employee representatives if an agreement expires within a specified time period. Requires the employer, when a reduction in operations takes effect, to provide a choice of the following benefits to each affected employee: (1) permanent preference rights in hiring and employment at other workplaces of the employer and, when the employee accepts employment at another workplace, vacation, health, welfare, and pension benefits earned while previously employed by the employer; (2) severance pay benefits equal to one week's wages for each completed year of service up to the date of termination, with a bonus of one week of pay for each five years of service, and with a specified minimum benefit for all affected employees; or (3) when the employee accepts a transfer to a workplace 40 miles or more from the employee's residence, payment for the movement of normal household goods, reimbursement for the reasonable one-way transportation costs, and reimbursement for reasonable legal fees and other fees and closing costs associated with purchase or rental of a new residence up to a maximum of $500. Requires employers, in all cases of a reduction in operation, to continue for a specified period of time the employer's share of premiums and contributions for any employee health and insurance benefit plans. Requires the terms of a lawful collective bargaining agreement to prevail over any provision of this Act with which they conflict. Directs the Secretary to provide specified technical assistance upon request of employees or communities adversely affected by reductions in operations. Provides for enforcement, civil penalties, and civil actions against employers who violate this Act.

To provide notice to employees when there are reductions in business operations and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health and Substance Abuse Treatment Accessibility Act of 2016''. SEC. 2. LOANS AND LOAN GUARANTEES. Part P of title III of the Public Health Service Act is amended by inserting after section 399V-6 of such Act (21 U.S.C. 355f) the following: ``SEC. 399V-7. LOANS AND LOAN GUARANTEES FOR CONSTRUCTING OR RENOVATING, OR PLANNING CONSTRUCTION OR RENOVATION OF, CERTAIN QUALIFIED PSYCHIATRIC AND SUBSTANCE ABUSE TREATMENT FACILITIES. ``(a) In General.--The Secretary may make loans and loan guarantees for constructing or renovating, including planning the construction or renovation of, a qualified psychiatric treatment facility or a qualified substance abuse treatment facility to public, private for- profit, or private not-for-profit-- ``(1) psychiatric treatment facilities; ``(2) substance abuse treatment facilities; ``(3) psychiatric hospitals; and ``(4) alliances of such facilities or hospitals. ``(b) Preference.--In making loans and loan guarantees under this section, the Secretary shall give preference to psychiatric treatment facilities and substance abuse treatment facilities that propose to construct or renovate a qualified psychiatric treatment facility or qualified substance abuse treatment facility in a county that has insufficient inpatient psychiatric or substance abuse treatment capacity. ``(c) Terms and Conditions.--Loans and loan guarantees under this section shall be made on such terms and conditions as the Secretary may prescribe, subject to the provisions of this section including the following: ``(1) The Secretary may allow credit to a prospective borrower only where-- ``(A) it is necessary to increase the number of psychiatric or substance use disorder treatment beds to enhance the public's access to acute inpatient mental health and substance abuse services; and ``(B) a credit subsidy is the most efficient way to achieve such increase (on a borrower-by-borrower basis). ``(2) The final maturity of loans made or guaranteed under this section shall not exceed a period of 20 years, or the period of 50 percent of the useful life of any physical asset to be financed by the loan, whichever is less as determined by the Secretary. ``(3) The Secretary may not make a loan guarantee under this section, with respect to any borrower, in excess of 80 percent of any potential loss on the loan. ``(4) The Secretary may not make any loan or loan guarantee under this section if the loan will be subordinated-- ``(A) to another debt contracted by the borrower; or ``(B) to any other claims against the borrower in the case of default. ``(5) The Secretary may not make any loan guarantee under this section unless the Secretary determines that-- ``(A) the lender is responsible; and ``(B) adequate provision is made for servicing the loan on reasonable terms and protecting the financial interest of the United States. ``(6) The Secretary may not make any loan guarantee under this section if the income from the loan will be excluded from gross income for purposes of chapter 1 of the Internal Revenue Code of 1986. ``(7) The Secretary may not make any loan or loan guarantee under this section unless-- ``(A) the loan and interest supplements on any loan guarantee will be at an interest rate that is set by reference to a benchmark interest rate on marketable Treasury securities with a similar maturity to the loan being made or guaranteed; and ``(B) the minimum interest rate on the loan-- ``(i) will be no less than the estimated cost to the Government of making the loan plus 1 percent, with the goal of keeping the interest rate below the interest rate of a comparable and competitive private sector benchmark financial instrument; and ``(ii) will be adjusted, as determined by the Secretary, every quarter to take account of changes in the interest rate of the benchmark financial instrument. ``(8) The Secretary may not make any loan or loan guarantee under this section unless-- ``(A) fees or premiums on the loan or loan guarantee and corresponding insurance coverage will be set at levels that minimize the cost to the Government (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of insuring such loan or loan guarantee, while supporting achievement of increasing the inpatient psychiatric and substance abuse bed count, as applicable, to enhance the public's access to acute inpatient mental health and substance abuse services; ``(B) the minimum guarantee fee or insurance premium imposed by the Government will be no less than the level sufficient to cover all of the estimated costs to the Government of the expected default claims, plus one percent; and ``(C) loan guarantee fees imposed by the Government will be reviewed every six months to ensure that the fees imposed on new loan guarantees are at a level sufficient to satisfy subparagraph (B) based on the most recent estimates of such costs. ``(9) The provisions of any loan guarantee under this section shall state that the guarantee is conclusive evidence that-- ``(A) the guarantee has been properly obtained; ``(B) the underlying loan qualified for the guarantee; and ``(C) except in the case of fraud or material misrepresentation by the holder of the loan, the guarantee will be presumed to be valid, legal, and enforceable. ``(10) The Secretary may not make any loan or loan guarantee under this section unless-- ``(A) the borrower finances at least 25 percent of the funded project from other sources; and ``(B) the borrower uses funds that were not derived from Federal loans or loan guarantees to pay the fees or premiums on the loan or loan guarantee under this section. ``(11) The Secretary-- ``(A) shall prescribe explicit standards for use in periodically assessing the credit risk of new and existing direct loans and guaranteed loans; and ``(B) shall not make a loan or loan guarantee under this section unless the Secretary finds that there is a reasonable assurance of repayment. ``(d) Payment of Losses.-- ``(1) Default on guaranteed loans.--If, as a result of a default by a borrower under a loan guaranteed under this section, after the holder thereof has made such further collection efforts and instituted such enforcement proceedings as the Secretary may require, the Secretary determines that the holder has suffered a loss-- ``(A) the Secretary shall pay to such holder 75 percent of such loss, as specified in the guarantee contract; ``(B) upon making any such payment, the Secretary shall be subrogated to all the rights of the recipient of the payment; and ``(C) the Secretary shall be entitled to recover from the borrower the amount of any payments made pursuant to the guarantee contract. ``(2) Required enforce of federal rights.--The Attorney General of the United States shall take such action as may be appropriate to enforce any right accruing to the United States as a result of the issuance of any guarantee under this section. ``(3) Forbearance.--Nothing in this section precludes any forbearance for the benefit of the borrower of a loan that is made or guaranteed under this section which is agreed upon by the parties to the loan and approved by the Secretary, provided that budget authority for any resulting cost to the Government (as defined in section 502(5) of the Federal Credit Reform Act of 1990) is available. ``(e) Definitions.--In this section: ``(1) The term `qualified psychiatric treatment facility'-- ``(A) means a psychiatric hospital (or other qualified treatment facility, as determined appropriate by the Secretary) that is able to serve patients ages 21 and older that-- ``(i) will provide acute, short-term inpatient psychiatric treatment services for such patients; ``(ii) will provide outpatient services; and ``(iii) may include a military services program to meet the needs of active and retired military service members; and ``(B) excludes a facility that-- ``(i) provides long-term inpatient care; ``(ii) is a health center (as defined in section 330); and ``(iii) is part of or affiliated with a prison (as defined in section 2246 of title 18, United States Code). ``(2) The term `qualified substance abuse treatment facility'-- ``(A) means a psychiatric hospital (or other qualified treatment facility, as determined appropriate by the Secretary) that is able to serve patients ages 21 and older that-- ``(i) will provide acute, short-term inpatient substance abuse treatment services for such patients; ``(ii) will provide outpatient services; and ``(iii) may include a military services program to meet the needs of active and retired military service members; and ``(B) excludes any facility described in paragraph (1)(B). ``(3) The term `psychiatric hospital' means-- ``(A) an institution that-- ``(i) is primarily engaged in providing, by or under the supervision of one or more physicians, psychiatric services for the diagnosis and treatment of mentally ill persons or those suffering from substance abuse disorders; ``(ii) satisfies the requirements of paragraphs (3) through (9) of subsection (e) of section 1861 of the Social Security Act; ``(iii) maintains clinical records on all patients and maintains such records as the Secretary finds to be necessary to determine the degree and intensity of the treatment provided to individuals entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act; and ``(iv) meets such staffing requirements as the Secretary finds necessary for the institution to carry out an active program of treatment for individuals who are furnished services in the institution; or ``(B) a distinct part of an institution that satisfies clauses (i) and (ii) of subparagraph (A) if such distinct part satisfies clauses (iii) and (iv) of subparagraph (A). ``(f) Funding Limitations.--The Secretary may provide loans and loan guarantees under this section-- ``(1) only to the extent or in the amounts provided in advance in appropriation Acts; and ``(2) totaling not more than $200,000,000 in each of fiscal years 2018 through 2022.''. SEC. 3. MENTAL HEALTH AND SUBSTANCE USE TREATMENT TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the Mental Health and Substance Use Treatment Trust Fund (in this section referred to as the ``Trust Fund''). (b) Deposits.--There are hereby authorized to be appropriated to the Trust Fund, to remain available until expended, amounts equivalent to any revenues from the program of loans and loan guarantees under section 399V-7 of the Public Health Service Act, as added by section 2, that exceed the costs of carrying out such program. (c) Use of Fund.--Amounts in the Trust Fund shall be available, as provided by appropriation Acts, for block grants for community mental health services under subpart I of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.). SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that reversing the Federal policy of denying Federal financial participation under the Medicaid program for care and services for patients in an institution for mental diseases is critically important to improving access to mental health care services and treatment.

Mental Health and Substance Abuse Treatment Accessibility Act of 2016 This bill amends the Public Health Service Act to permit the Department of Health and Human Services to make loans and loan guarantees for construction or renovation of psychiatric or substance abuse treatment facilities. The bill establishes terms and conditions for these loans and loan guarantees. The bill establishes the Mental Health and Substance Use Treatment Trust Fund. Revenues from the loans and loan guarantees that exceed the cost of carrying out the program may be appropriated to the fund. Amounts in the fund are available for block grants for community mental health services.

Mental Health and Substance Abuse Treatment Accessibility Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Tax Reform and Reduction Act of 2000''. SEC. 2. MORATORIUM AMENDMENT TO THE INTERNET TAX FREEDOM ACT. (a) Moratorium Amendment.--Section 1101(a) of title XI of division C of Public Law 105-277 (112 Stat. 2681-719; 47 U.S.C. 151 note) is amended to read as follows: ``(a) Moratoria on State and Local Taxes on the Internet.--No State or political subdivision thereof shall impose any of the following taxes: ``(1) Taxes on Internet access. ``(2) During the period beginning on October 1, 1998, and ending on October 21, 2006, multiple or discriminatory taxes on electronic commerce. ``(3) During the period beginning on the date of the enactment of the Internet Tax Reform and Reduction Act of 2000 and ending on October 21, 2006, taxes on sales of digitized goods and products (and their counterparts).''. (b) Technical Amendments.--Section 1101 of title XI of division C of Public Law 105-277 (112 Stat. 2681-719; 47 U.S.C. 151 note) is amended-- (1) by striking subsection (b); and (2) by redesignating subsections (c) through (h) as subsections (b) through (g), respectively. (c) Liabilities and Pending Cases.--Nothing in the amendments made by this section affects-- (1) liability for taxes accrued and enforced before the date of enactment of this Act; or (2) ongoing litigation relating to such taxes. SEC. 3. OTHER AMENDMENTS TO THE TAX FREEDOM ACT. Title XI of division C of Public Law 105-277 (112 Stat. 2681-719; 47 U.S.C. 151 note) is amended-- (1) by redesignating section 1104 as section 1107; and (2) by inserting after section 1103 the following: ``SEC. 1104. DETERMINATION OF JURISDICTIONAL NEXUS. ``(a) Collecting Taxes.--The following factors shall not be sufficient, separately or collectively, to empower a State to impose on a seller that is not physically present in such State an obligation to collect a tax payable to such State by a purchaser that is physically present in such State: ``(1) The use by such seller of an Internet service provider that is physically present in such State. ``(2) The placement of digital data by such seller on a server located in such State. ``(3) The use of telecommunications service provided to such seller by a telecommunications provider that is physically present in such State. ``(4) The use or presence in such State of intangible property owned by such seller. ``(5) The presence in such State of persons that purchase from such seller. ``(6) The affiliation of such seller with a person that is physically present in such State and that pays any tax imposed by such State or by a political subdivision of such State. ``(7) The performance of repair or warranty services in such State by or on behalf of such seller with respect to property sold by such seller if such seller is not physically present in such State except to perform such services. ``(8) The existence of a contract between such seller and a person that is physically present in such State to the extent that such contract provides for the return to such person of goods purchased from such seller by means of the Internet or of a nonelectronic catalog. ``(9) The advertisement of the business location, telephone number, or Internet address of such seller. ``(b) Payment of Income Taxes.--The following factors shall not be sufficient, separately or collectively, to empower a State to require a seller to meet the business activity and income tax reporting and payment obligations of such State: ``(1) Any of the factors specified in paragraphs (1) through (9) of subsection (a). ``(2) The registration relating to sales or use taxes in effect in such State, by such seller with such State. ``(3) The collection or remittance of use taxes by such seller to such State. ``SEC. 1105. DEVELOPMENT OF UNIFORM SALES AND USE TAX ACT. ``It is the sense of the Congress that, not later than October 21, 2004, States and political subdivisions of States should work cooperatively with the National Conference of Commissioners on Uniform State Laws (in this section referred to as the `Conference') to develop and draft a Uniform Sales and Use Tax Act that-- ``(1) reflects a simplified synthesis of the sales and use tax policies of States and political subdivisions of States, applicable to sellers described in paragraph (2); ``(2) creates and maintains parity of collection costs (net of vendor discounts) between-- ``(A) sellers that are not physically present in a State and that sell goods to purchasers that are physically present in such State; and ``(B) sellers that are physically present in a State and that sell goods to purchasers that are physically present in such State; and ``(3) contains, among other matters-- ``(A) uniform tax base definitions; ``(B) a uniform vendor discount; ``(C) uniform and simple sourcing rules; ``(D) a single sale and use tax rate per State and a uniform limitation on any change in such rate; ``(E) uniform audit procedures; ``(F) uniform forms for preparation by sellers to determine and report the amount of tax payable or remittable to a State; ``(G) uniform electronic filing and remittance methods; ``(H) uniform rules for the determination of the exempt status of sellers, and for the creation, distribution, and maintenance of a database containing the identities of sellers that have such status); ``(I) a methodology for approving computer software that sellers may rely on to determine State sales and use tax rates; and ``(J) a methodology for maintaining revenue neutrality in overall sales and use tax collections within each State (such as reducing the Statewide sales tax rate) to account for any increase in revenue that is payable (on a voluntary basis or otherwise) with respect to sales to purchasers that are physically present in such State made by sellers that are not physically present in such State. ``SEC. 1106. ADVISORY COMMISSION ON UNIFORM SALES AND USE TAX. ``(a) Establishment.--There is established the Advisory Commission on Uniform Sales and Use Tax (in this section referred to as the `Commission'). The Commission shall-- ``(1) be composed of 19 members appointed in accordance with subsection (b), including the chairperson who shall be selected by the members of the Commission from among themselves; and ``(2) conduct its business in accordance with the provisions of this section. ``(b) Membership.-- ``(1) In general.--The Commissioners shall serve for the life of the Commission. The membership of the Commission shall be as follows: ``(A) 3 representatives from the Federal Government, comprised of the Secretary of Commerce, the Secretary of the Treasury, and the United States Trade Representative (or their respective delegates). ``(B) 8 representatives from State and local governments (1 such representative shall be from a State or local government that does not impose a sales tax and 1 representative shall be from a State that does not impose an income tax). ``(C) 8 representatives of the electronic commerce industry (including small business), telecommunications carriers, local retail businesses, and consumer groups, comprised of-- ``(i) 3 individuals appointed by the Majority Leader of the Senate; ``(ii) 1 individual appointed by the Minority Leader of the Senate; ``(iii) 3 individuals appointed by the Speaker of the House of Representatives; and ``(iv) 1 individual appointed by the Minority Leader of the House of Representatives. ``(2) Appointments.--Appointments to the Commission shall be made not later than 45 days after the date of the enactment of the Internet Tax Reform and Reduction Act of 2000. The chairperson shall be selected not later than 60 days after the date of the enactment of the Internet Tax Reform and Reduction Act of 2000. ``(3) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. ``(c) Acceptance of Gifts and Grants.--The Commission may accept, use, and dispose of gifts or grants of services or property, both real and personal, for purposes of aiding or facilitating the work of the Commission. Gifts or grants not used at the expiration of the Commission shall be returned to the donor or grantor. ``(d) Other Resources.--The Commission shall have reasonable access to materials, resources, data, and other information from the Department of Justice, the Department of Commerce, the Department of State, the Department of the Treasury, and the Office of the United States Trade Representative. The Commission shall also have reasonable access to use the facilities of any such Department or Office for purposes of conducting meetings. ``(e) Sunset.--The Commission shall terminate 60 days after the Commission submits the report required by subsection (g). ``(f) Rules of the Commission.-- ``(1) Quorum.--Nine members of the Commission shall constitute a quorum for conducting the business of the Commission. ``(2) Meetings.--Any meetings held by the Commission shall be duly noticed at least 14 days in advance and shall be open to the public. ``(3) Opportunities to testify.--The Commission shall provide opportunities for representatives of the general public, taxpayer groups, consumer groups, and State and local government officials to testify. ``(4) Additional rules.--The Commission may adopt other rules as needed. ``(5) No finding or recommendation shall be included in the report required by subsection (g) unless agreed to by at least two-thirds of the members of the Commission serving at the time the finding or recommendation is made. ``(g) Duties of the Commission.--The duties are-- ``(1) to monitor the progress of the Conference in carrying out the activities described in section 1105; and ``(2) not later than 180 days after the Conference carries out the activities described in section 1105, submit to the Congress a report containing the following: ``(A) The findings of the Commission regarding-- ``(i) the growth of electronic commerce; ``(ii) the impact of electronic commerce on traditional retailers; and ``(iii) the impact of sales to purchasers that are physically present in a State made by sellers that are not physically present in such State, on the revenue of States and political subdivisions of States; during the 5-year period ending on December 31, 2004. ``(B) An assessment of whether the Uniform Sales and Use Tax Act drafted by the Conference, as provided in section 1105, contains the matters described in section 1105(3). ``(C) An assessment of whether the enactment by States of such Uniform Sales and Use Tax Act would result in equal tax collection burdens (net of vendor discounts)-- ``(i) for sellers that are not physically present in a State and that sell goods to purchasers that are physically present in such State; and ``(ii) sellers that are physically present in a State and that sell goods to purchasers that are physically present in such State. ``(D) An assessment of whether requiring sellers that are not physically present in a State to collect and remit sales and use taxes to any such State that has not enacted such Uniform Sales and Use Tax Act, would impose any unreasonable burden on interstate commerce or would have any other adverse impact on economic growth and activity through remote electronic channels. ``(E) A recommendation regarding whether any State that enacts such Uniform Sales and Use Tax Act should be permitted by the Congress to collect sales and use taxes from all sellers that are not physically present in such State and that sell goods to purchasers that are physically present in such State. ``(F) Any other recommendations as required to address the findings of the Commission's report.''. SEC. 4. CONFORMING AMENDMENTS. (a) Cross Reference in the Trade Act of 1974.--Section 181(d) of the Trade Act of 1974 (19 U.S.C. 2241(d)) is amended by striking ``section 1104(3)'' and inserting ``1107(3)''. (b) Other Cross Reference.--Section 1203(c) of division C of Public Law 105-277 (112 Stat. 2681-727; 19 U.S.C. 2241 note) by striking ``section 1104(3)'' and inserting ``1107(3)''. SEC. 5. SENSE OF THE CONGRESS REGARDING DEVELOPMENT OF UNIFORM TELECOMMUNICATIONS STATE AND LOCAL EXCISE TAX ACT. (a) Development of Uniform Telecommunications State and Local Excise Tax Act.--It is the sense of the Congress that, not later than October 21, 2003, States and political subdivisions of States should work cooperatively with the National Conference of Commissioners on Uniform State Laws (in this section referred to as the `Conference') to develop and draft a Uniform Telecommunications State and Local Excise Tax Act under the terms of which States and political subdivisions of States may impose on telecommunications only a simplified tax described in paragraph (1) or (2) of subsection (b). (b) Simplified Tax.--(1) Except as provided in paragraph (2), the simplified tax referred to in subsection (a) that may be imposed by a State shall-- (A) allow only 1 State transaction tax; (B) require each telecommunications provider to file only 1 tax return per reporting period per State; (C) allow only 1 audit at the State level; (D) establish nationwide uniform sourcing rules; (E) establish nationwide uniform definitions; and (F) provide for 120 days lead time for implementing tax base and rate changes. (2) If, on the effective date of this section, political subdivisions of a State are authorized by State law to impose a tax on telecommunications, then the simplified tax referred to in subsection (a) that may be imposed by such State and such political subdivisions shall-- (A) allow only 1 State transaction tax; (B) require each telecommunications provider to file only 1 tax return per reporting period per State; (C) allow only 1 audit at the State level; (D) establish nationwide uniform sourcing rules; (E) establish nationwide uniform definitions; (F) provides for 120 days lead time for implementing tax base and rate changes; and (G) require with respect to such political subdivisions that-- (i) tax base and exemptions conform to the simplified tax as imposed by such State; (ii) a single tax return be filed with the State tax return and with State distribution of funds; (iii) a unified audit be conducted at the State level; (iv) there be maintained a State-administered address, jurisdiction, and rate database in a nationwide uniform format to assign addresses to the appropriate taxing jurisdiction and to provide the appropriate rate; (v) telecommunications providers that rely on such database be immune to liability to such political subdivisions for such simplified tax; and (vi) there be provided a vendor's compensation. SEC. 6. SENSE OF THE CONGRESS REGARDING ELIMINATION OF EXCESSIVE TAX BURDEN ON TELECOMMUNICATIONS. It is the sense of the Congress that States and political subdivisions of States should eliminate the excessive tax burden on telecommunications by-- (1) eliminating telecommunications industry-specific and higher transaction tax rates; (2) eliminating the excessive tax burdens on telecommunication real, tangible, and intangible property; and (3) affording similar tax treatment of telecommunications infrastructure by States that exempt from sales and use taxes purchases of certain types of business equipment. SEC. 7. ENACTMENT BY STATES. It is the sense of the Congress that States should establish, jointly, a deadline for-- (1) enacting the Uniform Telecommunications State and Local Excise Tax Act drafted under section 5; and (2) removing excess and multiple taxation of telecommunications. SEC. 8. PENALTY. It is the sense of the Congress that Federal requirements against adverse discrimination by a State in taxation of telecommunications services, property, or providers in relation to other services, property, and providers in such State should apply to any State that fails to enact, before October 21, 2004, the Uniform Telecommunications State and Local Excise Tax Act drafted under section 5.

Sets forth specified Internet-and telecommunication-related factors that shall not be sufficient to create a jurisdictional tax nexus respecting a seller and purchaser who are not present in the same State. Expresses the sense of the Congress respecting: (1) development of a Uniform Sales and Use Tax Act; and (2) elimination of the excessive telecommunications tax burden. Establishes an Advisory Commission on Uniform Sales and Use Tax.

Internet Tax Reform and Reduction Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Recruiter Secondary Schools Access Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The combined effects of the strongest economy in 40 years, the lowest unemployment rate since the establishment of an all-volunteer force for the Armed Forces, and a declining propensity on the part of America's youth to serve in the military make the recruitment of persons for the Armed Forces unusually challenging. (2) For the recruitment of high quality personnel, each of the Armed Forces faces intense competition from the other branches of the Armed Forces, the private sector, and postsecondary educational institutions. (3) It is becoming increasingly difficult for the Armed Forces to meet their respective recruiting goals. Despite a variety of innovative approaches taken by recruiters and the extensive programs of benefits that are available for recruits, recruiters have to devote extraordinary time and effort to fill monthly requirements for immediate accessions. (4) A number of local educational agencies have denied recruiters for the Armed Forces access to secondary school students, or to student directory information about secondary school students, of those agencies. In 1999, there were 4,515 instances of denial of access in the case of the Army, 4,364 instances in the case of the Navy, 4,884 instances in the case of the Marine Corps, and 5,465 instances in the case of the Air Force. (5) As of the beginning of 2000, local educational agencies operating nearly one-fourth of all secondary schools nationwide did not release student directory information to the Armed Forces for recruiting purposes. (6) In testimony presented to the Committee on Armed Services of the Senate, military recruiters have stated that the single biggest obstacle to carrying out their recruiting mission for new enlisted accessions is the denial of access to directory information about secondary school students. (7) The denial to military recruiters of direct access to secondary school students and the denial of access to directory information about those students unfairly harms the students themselves, since students are thereby prevented from receiving full information on the educational and training incentives offered by the Armed Forces, thus impairing the career decisionmaking process for the students by limiting the availability of complete information on their options. (8) The denial of access for Armed Forces recruiters to secondary school students or to student directory information ultimately undermines the national defense by making it more difficult for the Armed Forces to recruit young Americans in the quantity and of the quality necessary for maintaining the readiness of the Armed Forces to provide for the national defense. SEC. 3. LOCAL EDUCATIONAL AGENCIES DENYING EQUAL ACCESS TO SECONDARY SCHOOLS FOR MILITARY RECRUITING PURPOSES. (a) Denial of Educational Assistance Funds.--Section 503 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Denial of Federal Educational Assistance Funds to Local Educational Agencies Denying Equal Access to Recruiters.--(1) Section 983 of this title (other than subsection (a) of that section) shall apply to each local educational agency included on the list maintained under paragraph (2) as if the local educational agency were an institution of higher education described in subsection (b) of that section. ``(2) The Secretary of Defense shall maintain a list of local educational agencies that are required under paragraph (3) to be listed as local educational agencies that deny recruiting access to the armed forces. ``(3)(A) If a local educational agency denies a request by a representative of an armed force for recruiting access to secondary school students, the Secretary concerned shall provide for an officer of that armed force to meet with representatives of that local educational agency in person, at the offices of that agency, for the purpose of attempting to arrange for recruiting access. The Secretary shall seek to have such meeting occur not later than 120 days after the date of the denial of the request. ``(B) If, after a meeting under subparagraph (A) with representatives of a local educational agency that has denied a request by a representative of an armed force for recruiting access to secondary school students or (if such a meeting cannot be arranged within 120 days of such denial) after the end of such 120-day period, the Secretary of Defense determines that the agency continues to deny recruiting access, the Secretary shall transmit to the Chief Executive of the State in which the local educational agency is located a notification of the denial of recruiting access and a request for assistance in obtaining such access. The notification shall be transmitted within 60 days after the date of the determination. The Secretary shall provide to the Secretary of Education a copy of such notification and any other communication between the Secretary and a Chief Executive with respect to such access. ``(C) If a local educational agency continues to deny recruiting access one year after the date of the transmittal of a notification regarding that agency under subparagraph (B), the Secretary-- ``(i) shall determine whether the agency denies recruiting access to at least two of the armed forces (other than the Coast Guard when it is not operating as a service in the Navy); and ``(ii) upon making an affirmative determination, shall include the agency on the list maintained under paragraph (2). ``(4) In this subsection: ``(A) The term `local educational agency' includes the governing body of a person or entity owning a private secondary educational institution. ``(B) The term `recruiting access' means access requested by the Department of Defense, as described in subsection (c), that the Department be provided the same access to secondary school students, and to directory information concerning such students, for military recruiting purposes as is provided generally to post-secondary educational institutions or to prospective employers of those students. ``(C) The term `State' includes the District of Columbia, American Samoa, the Federated States of Micronesia, Guam, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Republic of Palau, and the United States Virgin Islands.''. (b) Transition Provisions.--(1) In the case of a local educational agency that, as of the date of the enactment of this Act, is included on a list maintained by the Department of Defense as an educational agency that denies recruiting access-- (A) the local educational agency shall be deemed to have first denied recruiting access on that date; (B) the meeting required under paragraph (3)(A) of section 503(d) of title 10, United States Code (as added by subsection (a)), shall be made by an officer of any armed force that is appropriate under that paragraph, as determined by the Secretary of Defense; (C) any notification required under paragraph (3)(B) of such section shall be transmitted within 90 days (instead of 60 days) after the Secretary of Defense makes a determination under that paragraph; and (D) paragraph (1) of such section shall not apply to the agency unless and until the date on which the Secretary of Defense is required under paragraph (3)(C) of that section to include the agency on the list of local educational agencies that deny recruiting access to the Armed Forces. (2) For purposes of this subsection, the terms ``local educational agency'' and ``recruiting access'' have the meanings given those terms in section 503(d)(4) of title 10, United States Code (as added by subsection (a)). (c) Technical Amendments.--Section 503 of title 10, United States Code, as amended by subsection (a), is further amended-- (1) in subsection (a), by inserting ``Recruiting Campaigns.--'' after ``(a)''; (2) in subsection (b), by inserting ``Compilation of Directory Information.--'' after ``(b)''; and (3) in subsection (c), by inserting ``Recruiting Access to Secondary Schools.--'' after ``(c)''; SEC. 4. REPEAL OF EXCEPTION FOR STUDENT FINANCIAL ASSISTANCE FROM BAN ON FEDERAL GRANTS AND CONTRACTS TO INSTITUTIONS OF HIGHER EDUCATION DENYING ACCESS TO ROTC OR MILITARY RECRUITERS. Section 8120 of the Department of Defense Appropriations Act, 2000 (Public Law 106-79; 113 Stat. 1260; 10 U.S.C. 983 note), is repealed.

Provides that if, after the above process, an LEA continues to deny such access, the Secretary shall: (1) determine whether such LEA denies such access to at least two of the armed forces; and (2) upon an affirmative determination, include such LEA on the maintained list. Amends the Department of Defense Appropriations Act, 2000 to repeal an exception for student financial assistance from a ban on Federal grants and contracts to institutions of higher education denying access to Reserve Officers' Training Corps or other military recruiters.

Military Recruiter Secondary Schools Access Act of 2000

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Eunice Kennedy Shriver Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--REAUTHORIZATION OF SPECIAL OLYMPICS ACT Sec. 101. Reauthorization. TITLE II--BEST BUDDIES Sec. 201. Findings and purpose. Sec. 202. Assistance for Best Buddies. Sec. 203. Application and annual report. Sec. 204. Authorization of appropriations. TITLE I--REAUTHORIZATION OF SPECIAL OLYMPICS ACT SEC. 101. REAUTHORIZATION. Sections 2 through 5 of the Special Olympics Sport and Empowerment Act of 2004 (42 U.S.C. 15001 note) are amended to read as follows: ``SEC. 2. FINDINGS AND PURPOSE. ``(a) Findings.--Congress finds the following: ``(1) Special Olympics creates the possibilities of a world where everybody matters, everybody counts, and every person contributes. ``(2) The Government and the people of the United States recognize the dignity and value the giftedness of children and adults with intellectual disabilities. ``(3) The Government and the people of the United States recognize that children and adults with intellectual disabilities experience significant health disparities, including lack of access to primary care services and difficulties in accessing community-based prevention and treatment programs for chronic diseases. ``(4) The Government and the people of the United States are determined to end the isolation and stigmatization of people with intellectual disabilities, and to ensure that such people are assured of equal opportunities for community participation, access to appropriate health care, and inclusive education, and to experience life in a nondiscriminatory manner. ``(5) For more than 40 years, Special Olympics has encouraged skill development, sharing, courage, and confidence through year-round sports training and athletic competition for children and adults with intellectual disabilities. ``(6) Special Olympics provides year-round sports training and competitive opportunities to more than 4,200,000 athletes with intellectual disabilities in 30 individual and team sports and plans to expand the benefits of participation through sport to more than a million additional people with intellectual disabilities within the United States and worldwide over the next 5 years. ``(7) Research shows that participation in activities involving both people with intellectual disabilities and people without disabilities results in more positive support for inclusion in society, including in schools. ``(8) Special Olympics has demonstrated its ability to provide a major positive effect on the quality of life of people with intellectual disabilities, improving their health and physical well-being, building their confidence and self- esteem, and giving them a voice to become active and productive members of their communities. In the United States, for example, adults with intellectual disabilities who have participated in Special Olympics have a 100 percent greater chance of being employed than adults with intellectual disabilities who have not. ``(9) In society as a whole, Special Olympics has become a vehicle and platform for reducing prejudice, improving public health, promoting inclusion efforts in schools and communities, and encouraging society to value the contributions of all members. ``(10) The Government of the United States enthusiastically supports the Special Olympics movement, recognizes its importance in improving the lives of people with intellectual disabilities and their families, and recognizes Special Olympics as a valued and important component of the global community. ``(b) Purpose.--The purposes of this Act are to-- ``(1) provide support to Special Olympics to increase athlete participation in, and public awareness about, the Special Olympics movement, including efforts to promote broader community inclusion; ``(2) dispel negative stereotypes and establish positive attitudes about people with intellectual disabilities; ``(3) build community engagement through sport and related activities; and ``(4) promote the extraordinary gifts and contributions of people with intellectual disabilities. ``SEC. 3. ASSISTANCE FOR SPECIAL OLYMPICS. ``(a) Education Activities.--The Secretary of Education may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out each of the following: ``(1) Activities to promote the expansion of Special Olympics, including activities to increase the full participation of people with intellectual disabilities in athletics, sports and recreation, and other inclusive school and community activities with people without disabilities. ``(2) The design and implementation of Special Olympics education programs, including character education and volunteer programs that support the purposes of this Act, that can be integrated into classroom instruction and community settings, and are consistent with academic content standards. ``(b) International Activities.--The Secretary of State, acting through the Assistant Secretary of State for Educational and Cultural Affairs, may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out each of the following: ``(1) Activities to increase the participation of people with intellectual disabilities in Special Olympics outside of the United States. ``(2) Activities to improve the awareness outside of the United States of the abilities of people with intellectual disabilities and the unique contributions that people with intellectual disabilities can make to society, and to promote active support programs for sports programs for people with intellectual disabilities. ``(c) Healthy Athletes.-- ``(1) In general.--The Secretary of Health and Human Services may award grants to, or enter into contracts or cooperative agreements with, Special Olympics for the implementation of on-site health assessments, screening for health problems, health education, community-based prevention, data collection, and referrals to direct health care services. ``(2) Coordination.--Activities under paragraph (1) shall be coordinated with appropriate health care entities, including private health care providers, entities carrying out local, State, Federal, or international programs, and the Department of Health and Human Services, as applicable. ``(d) Limitation.--Amounts appropriated to carry out this section shall not be used for direct treatment of diseases, medical conditions, or mental health conditions. Nothing in the preceding sentence shall be construed to limit the use of non-Federal funds by Special Olympics. ``SEC. 4. APPLICATION AND ANNUAL REPORT. ``(a) Application.-- ``(1) In general.--To be eligible for a grant, contract, or cooperative agreement under subsection (a), (b), or (c) of section 3, Special Olympics shall submit an application at such time, in such manner, and containing such information as the Secretary of Education, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. ``(2) Content.--At a minimum, an application under this subsection shall contain each of the following: ``(A) Activities.--A description of activities to be carried out with the grant, contract, or cooperative agreement. ``(B) Measurable goals.--A description of specific measurable annual benchmarks and long-term goals and objectives to be achieved through specified activities carried out with the grant, contract, or cooperative agreement, which specified activities shall include, at a minimum, each of the following activities: ``(i) Activities to increase the full participation of people with intellectual disabilities in athletics, sports and recreation, and other inclusive school and community activities with people without disabilities. ``(ii) Education programs that dispel negative stereotypes about people with intellectual disabilities. ``(iii) Activities to increase the participation of people with intellectual disabilities in Special Olympics outside of the United States and promote volunteerism on behalf of such activities. ``(iv) Health-related activities as described in section 3(c). ``(b) Annual Report.-- ``(1) In general.--As a condition on receipt of any funds for a program under subsection (a), (b), or (c) of section 3, Special Olympics shall agree to submit an annual report at such time, in such manner, and containing such information as the Secretary of Education, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. ``(2) Content.--At a minimum, each annual report under this subsection shall describe-- ``(A) the degree to which progress has been made toward meeting the annual benchmarks and long-term goals and objectives described in the applications submitted under subsection (a); and ``(B) demographic data about Special Olympics participants, including the number of people with intellectual disabilities served in each program referred to in paragraph (1). ``SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated-- ``(1) for grants, contracts, or cooperative agreements under section 3(a), $9,500,000 for fiscal year 2014, and such sums as may be necessary for each of the 4 succeeding fiscal years; ``(2) for grants, contracts, or cooperative agreements under section 3(b), $4,500,000 for fiscal year 2014, and such sums as may be necessary for each of the 4 succeeding fiscal years; and ``(3) for grants, contracts, or cooperative agreements under section 3(c), $8,500,000 for fiscal year 2014, and such sums as may be necessary for each of the 4 succeeding fiscal years.''. TITLE II--BEST BUDDIES SEC. 201. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Best Buddies operates the first national social and recreational program in the United States for people with intellectual disabilities. (2) Best Buddies is dedicated to helping people with intellectual disabilities become part of mainstream society. (3) Best Buddies is determined to end social isolation for people with intellectual disabilities by promoting meaningful friendships between them and their typical peers in order to help increase the self-esteem, confidence, and abilities of people with and without intellectual disabilities. (4) Since 1989, Best Buddies has enhanced the lives of people with intellectual disabilities by providing opportunities for 1-to-1 friendships and integrated employment. (5) Best Buddies is an international organization spanning 1,500 middle school, high school, and college campuses. (6) Best Buddies implements programs that will positively impact more than 700,000 individuals in 2013. (7) The Best Buddies Middle Schools program matches middle school students with intellectual disabilities with other middle school students and supports 1-to-1 friendships between them. (8) The Best Buddies High Schools program matches high school students with intellectual disabilities with other high school students and supports 1-to-1 friendships between them. (9) The Best Buddies Colleges program matches adults with intellectual disabilities with college students and creates 1- to-1 friendships between them. (10) The Best Buddies e-Buddies program supports e-mail friendships between people with and without intellectual disabilities. (11) The Best Buddies Citizens program pairs adults with intellectual disabilities in 1-to-1 friendships with other people in the corporate and civic communities. (12) The Best Buddies Jobs program promotes the integration of people with intellectual disabilities into the community through supported employment. (13) The Best Buddies Ambassadors program educates and empowers people with intellectual disabilities to be leaders and public speakers in their schools, communities, and workplaces. Best Buddies Ambassadors prepares people with intellectual disabilities to become active agents of change. (14) Best Buddies Promoters empowers youth to become advocates for people with intellectual disabilities. Students who take part in Best Buddies Promoters are introduced to the disability rights movement and the importance of inclusion through local awareness events. (b) Purpose.--The purposes of this title are to-- (1) provide support to Best Buddies to increase participation in and public awareness about Best Buddies programs that serve people with intellectual disabilities; (2) dispel negative stereotypes about people with intellectual disabilities; and (3) promote the extraordinary contributions of people with intellectual disabilities. SEC. 202. ASSISTANCE FOR BEST BUDDIES. (a) Education Activities.--The Secretary of Education may award grants to, or enter into contracts or cooperative agreements with, Best Buddies to carry out activities to promote the expansion of Best Buddies, including activities to increase the participation of people with intellectual disabilities in social relationships and other aspects of community life, including education and employment, within the United States. (b) Limitations.--Amounts appropriated to carry out this title may not be used for direct treatment of diseases, medical conditions, or mental health conditions. (c) Rule of Construction.--Nothing in this title shall be construed to limit the use of non-Federal funds by Best Buddies. SEC. 203. APPLICATION AND ANNUAL REPORT. (a) Application.-- (1) In general.--To be eligible for a grant, contract, or cooperative agreement under section 202(a), Best Buddies shall submit an application at such time, in such manner, and containing such information as the Secretary of Education may require. (2) Content.--At a minimum, an application under this subsection shall contain the following: (A) A description of activities to be carried out under the grant, contract, or cooperative agreement. (B) Information on specific measurable goals and objectives to be achieved through activities carried out under the grant, contract, or cooperative agreement. (b) Annual Report.-- (1) In general.--As a condition of receipt of any funds under section 202(a), Best Buddies shall agree to submit an annual report at such time, in such manner, and containing such information as the Secretary of Education may require. (2) Content.--At a minimum, each annual report under this subsection shall describe the degree to which progress has been made toward meeting the specific measurable goals and objectives described in the applications submitted under subsection (a). SEC. 204. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Education for grants, contracts, or cooperative agreements under section 202(a), $4,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 4 succeeding fiscal years.

Eunice Kennedy Shriver Act - Reauthorizes the Special Olympics Sport and Empowerment Act of 2004 for FY2014-FY2018. Directs the Secretary of State to act through the Assistant Secretary of State for Educational and Cultural Affairs in awarding grants or entering agreements with Special Olympics for activities outside the United States. Includes community-based prevention among the activities for which the Secretary of Health and Human Services (HHS) may award grants or enter into agreements with Special Olympics. Requires grant or agreement applications to include a description of specific measurable annual benchmarks, as well as long-term goals and objectives, to be achieved through specified activities, which must include: (1) activities to increase the full participation of people with intellectual disabilities in inclusive school and community activities with people without disabilities, (2) education programs that dispel negative stereotypes about people with intellectual disabilities, and (3) activities to increase the participation of people with intellectual disabilities in Special Olympics outside of the United States and to promote volunteerism on behalf of such activities. Requires annual reports by Special Olympics to describe demographic data about Special Olympics participants.Authorizes the Secretary of Education to award grants or enter into contracts or cooperative agreements to promote the expansion of Best Buddies, including activities to increase the participation of people with intellectual disabilities in social relationships and other aspects of community life, including education and employment, within the United States.

Eunice Kennedy Shriver Act

SECTION 1. AMENDMENT TO FEDERAL HOME LOAN BANK ACT. Section 21A of the Federal Home Loan Bank Act (12 U.S.C. 1441a) is amended by adding at the end the following new subsection: ``(w) State Contributions.-- ``(1) Cumulative determinations of state resolution costs.-- ``(A) In general.--Except as provided in subparagraph (B), not later than 90 days after the end of each calendar year beginning with calendar year 1993, the Corporation shall determine the aggregate of the amounts expended during the period beginning on January 1, 1989, and ending at the end of each such calendar year, in providing assistance for case resolutions and other assistance with respect to all institutions that were State savings associations on or after January 1, 1989, and-- ``(i) were then insured by the Federal Savings and Loan Insurance Corporation; or ``(ii) are members of the Savings Association Insurance Fund. ``(B) Calendar year 1993.--The Corporation shall make the determination described in subparagraph (A) with respect to amounts expended during calendar year 1993 on the later of the date which is 90 days after the end of such calendar year, or the date of the enactment of this subsection. ``(C) Expenditures by any fdic, fslic resolution fund, and other applicable agencies taken into account.--In making the determination under subparagraph (A) of the amount of assistance for case resolutions and other assistance with respect to institutions described in such subparagraph, assistance provided by the Federal Savings and Loan Insurance Corporation, the FSLIC Resolution Fund, the Federal Deposit Insurance Corporation, the Federal Home Loan Bank Board, any Federal home loan bank, and any other appropriate Federal agency shall be taken into account by the Corporation. ``(2) Cumulative apportionments of state resolution costs among the states.--After determining the amount for a period under paragraph (1), the Corporation shall apportion that amount among the States according to the amounts expended during such period in providing assistance for case resolutions and other assistance with respect to all institutions described in paragraph (1) located in each respective State. ``(3) Contributions required from high risk states.--Each high risk State shall pay the Corporation an amount equal to-- ``(A) the product of-- ``(i) the current State percentage share of State resolution costs, minus 2 times the State percentage share of 1980 State deposits; and ``(ii) 25 percent of the aggregate amount currently determined by the Corporation under paragraph (1); minus ``(B) the aggregate of the amounts previously paid by the State under this paragraph, minus the aggregate of the rebates (if any) paid to the State under paragraph (8). ``(4) High risk states.--A State is a high risk State for purposes of this subsection if-- ``(A) the current State percentage share of State resolution costs; exceeds ``(B) 2 times the State percentage share of 1980 State deposits. ``(5) Current state percentage share of state resolution costs.--For purposes of this subsection, the term `current State percentage share of State resolution costs' means-- ``(A) the amount apportioned to the State under paragraph (2) based on the determination made under paragraph (1) for the period beginning on January 1, 1989, and ending at the end of the most recent calendar year; divided by ``(B) the amount determined under paragraph (1) with respect to the State for the period beginning on January 1, 1989, and ending at the end of the most recent calendar year. ``(6) State percentage share of 1980 state deposits.--For purposes of this subsection, the term `State percentage share of 1980 State deposits' means-- ``(A) the amount of deposits in 1980 in institutions described in paragraph (1) located in the State; divided by ``(B) the total deposits in 1980 in all institutions described in paragraph (1). ``(7) Contribution payment terms.-- ``(A) In general.--Except as provided in subparagraph (B), the contribution currently required of any State under paragraph (3) shall be due at the end of the 6-month period beginning on the date the Corporation makes its current apportionment to the State under paragraph (2). ``(B) Multiyear agreements.--If the contribution currently required of any State under paragraph (3) exceeds $1,000,000,000, such State may enter into an agreement with the Corporation to pay such amount, with interest accruing in accordance with section 3717(a) of title 31, United States Code, over the 4-year period beginning on the date on which such contribution would otherwise be due under subparagraph (A), and such State shall be treated as meeting the requirements of this subsection so long as such State is in compliance with the terms of such agreement. ``(8) Contribution rebates.--If, with respect to a State, the result of the calculation described in paragraph (3)(B) exceeds the result of the calculation described in paragraph (3)(A), the Corporation shall rebate such excess amount to the State, with interest accruing in accordance with section 3717(a) of title 31, United States Code. ``(9) Termination of insurance if state fails to pay required contributions.-- ``(A) In general.--If any State fails to pay the contribution required of such State under paragraph (3)-- ``(i) the Corporation shall notify the Federal Deposit Insurance Corporation of such failure; and ``(ii) the Federal Deposit Insurance Corporation shall terminate, subject to paragraphs (2)(B) and (6) of section 8(a) of the Federal Deposit Insurance Act, the deposit insurance for State depository institutions (as defined in section 3(c)(5) of the Federal Deposit Insurance Act) located in such State at the end of the 6-month period beginning on the date the contribution was due under paragraph (7). ``(B) Transition.--The insured deposits of each depositor at any State depository institution the insured status of which is terminated pursuant to subparagraph (A) shall continue to be insured on a temporary basis in the manner provided in section 8(a)(7) of the Federal Deposit Insurance Act. ``(10) Restoration of insurance.--Paragraph (9) shall cease to apply with respect to State depository institutions located in any State described in such paragraph after the date on which the Corporation notifies the Federal Deposit Insurance Corporation that such State has paid all of the contributions required of the State under this subsection, together with any interest accrued on such amount in accordance with section 3717(a) of title 31, United States Code.''.

Amends the Federal Home Loan Bank Act to direct the Resolution Trust Corporation to: (1) determine the aggregate amounts expended in providing assistance for case resolutions during a certain time period for federally insured State savings associations; and (2) apportion those amounts among the States according to a specified formula reflecting their respective contributions to the cost of resolving State-chartered thrifts since 1988 (thus resulting in higher contributions from high-risk States). Requires the Federal Deposit Insurance Corporation to terminate the deposit insurance for State depository institutions located in any State which fails to pay the required contributions.

A bill to provide for regional equity in funding resolution of failed savings associations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle Class Tax Cut Protection Act of 2012''. SEC. 2. 2-YEAR EXTENSION OF TAX RELIEF FOR MIDDLE CLASS. (a) Extension of 2001 Tax Relief.-- (1) In general.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``December 31, 2012'' both places it appears and inserting ``December 31, 2014''. (2) Effective date.--The amendment made by this subsection shall take effect as if included in the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001. (b) Extension of 2003 Tax Relief.-- (1) In general.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2014''. (2) Effective date.--The amendment made by this section shall take effect as if included in the enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003. (c) Temporary Extension of 2009 Tax Relief.-- (1) American opportunity tax credit.-- (A) In general.--Section 25A(i) of the Internal Revenue Code of 1986 is amended by striking ``or 2012'' and inserting ``, 2012, 2013, or 2014''. (B) Treatment of possessions.--Section 1004(c)(1) of the American Recovery and Reinvestment Tax Act of 2009 is amended by striking ``and 2012'' each place it appears and inserting ``2012, 2013, and 2014''. (C) Child tax credit.--Section 24(d)(4) of such Code is amended-- (i) by striking ``and 2012'' in the heading and inserting ``2012, 2013, and 2014'', and (ii) by striking ``or 2012'' and inserting ``2012, 2013, or 2014''. (D) Earned income tax credit.--Section 32(b)(3) of such Code is amended-- (i) by striking ``and 2012'' in the heading and inserting ``2012, 2013, and 2014'', and (ii) by striking ``or 2012'' and inserting ``2012, 2013, or 2014''. SEC. 3. CERTAIN TAX CUTS NOT EXTENDED FOR HIGH INCOME INDIVIDUALS. (a) Individual Income Tax Rates.--Subsection (i) of section 1 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) 33-Percent rate bracket.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2012-- ``(i) paragraph (2) shall not apply in determining the rates of tax for the fourth rate bracket and higher rate brackets, ``(ii) the rate of tax under subsections (a), (b), (c), and (d) on a taxpayer's taxable income in the fourth rate bracket shall be 33 percent to the extent such income does not exceed an amount equal to the excess of-- ``(I) the applicable amount, over ``(II) the dollar amount at which such bracket begins, and ``(iii) the 36-percent rate of tax under such subsections shall apply only to the taxpayer's taxable income in such bracket in excess of the amount to which clause (i) applies. ``(B) Applicable amount.--For purposes of this paragraph, the term `applicable amount' means the excess of-- ``(i) the applicable threshold, over ``(ii) the sum of the following amounts in effect for the taxable year: ``(I) the basic standard deduction (within the meaning of section 63(c)(2)), and ``(II) the exemption amount (within the meaning of section 151(d)(1)) (or, in the case of subsection (a), 2 such exemption amounts). ``(C) Applicable threshold.--For purposes of this paragraph, the term `applicable threshold' means-- ``(i) $250,000 in the case of subsection (a), ``(ii) $200,000 in the case of subsections (b) and (c), and ``(iii) \1/2\ the amount applicable under clause (i) (after adjustment, if any, under subparagraph (E)) in the case of subsection (d). ``(D) Fourth rate bracket.--For purposes of this paragraph, the term `fourth rate bracket' means the bracket which would (determined without regard to this paragraph) be the 36-percent rate bracket. ``(E) Inflation adjustment.--For purposes of this paragraph, a rule similar to the rule of paragraph (1)(C) shall apply with respect to taxable years beginning in calendar years after 2012, applied by substituting `2010' for `1992' in subsection (f)(3)(B).''. (b) Reduced Rate on Capital Gains and Dividends.-- (1) In general.--Paragraph (1) of section (1)(h) of such Code is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable income) as exceeds the amount on which a tax is determined under subparagraph (B), or ``(ii) the excess (if any) of-- ``(I) the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 36 percent, over ``(II) the sum of the amounts on which tax is determined under subparagraphs (A) and (B), ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable income) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C),''. (2) Dividends.--Subparagraph (A) of section 1(h)(11) of such Code is amended by striking ``qualified dividend income'' and inserting ``so much of the qualified dividend income as does not exceed the excess (if any) of-- ``(i) the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 36 percent, over ``(ii) taxable income reduced by qualified dividend income.''. (3) Minimum tax.--Section 55 of such Code is amended by adding at the end the following new subsection: ``(f) Application of Maximum Rate of Tax on Net Capital Gain of Noncorporate Taxpayers.--In the case of taxable years beginning after December 31, 2012, the amount determined under subparagraph (C) of subsection (b)(3) shall be the sum of-- ``(1) 15 percent of the lesser of-- ``(A) so much of the adjusted net capital gain (or, if less, taxable excess) as exceeds the amount on which tax is determined under subparagraph (B) of subsection (b)(3), or ``(B) the excess described in section 1(h)(1)(C)(ii), plus ``(2) 20 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the sum of the amounts on which tax is determined under subsection (b)(3)(B) and paragraph (1).''. (4) Conforming amendments.-- (A) The following provisions are amended by striking ``15 percent'' and inserting ``20 percent'': (i) Section 1445(e)(1) of such Code. (ii) The second sentence of section 7518(g)(6)(A) of such Code. (iii) Section 53511(f)(2) of title 46, United States Code. (B) Sections 531 and 541 of the Internal Revenue Code of 1986 are each amended by striking ``15 percent of'' and inserting ``the product of the highest rate of tax under section 1(c) and''. (C) Section 1445(e)(6) of such Code is amended by striking ``15 percent (20 percent in the case of taxable years beginning after December 31, 2011)'' and inserting ``20 percent''. (c) 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, 2012. (2) Withholding.--The amendments made by subparagraphs (A)(i) and (C) of subsection (b)(4) shall apply to amounts paid on or after January 1, 2013.

Middle Class Tax Cut Protection Act of 2012 - Extends through 2014: (1) the general terminating date of the Economic Growth and Tax Relief Reconciliation Act of 2001, and (2) the reduction in the tax rate for dividend and capital gain income enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2003. Amends the Internal Revenue Code to extend through 2014: (1) the increased American Opportunity tax credit, (2) the increase in the refundable portion of the child tax credit, and (3) the increased earned income tax credit percentage for three or more qualifying children. Disqualifies taxpayers whose income exceeds $250,000 for such extended tax benefits.

To amend the Internal Revenue Code of 1986 to provide a temporary extension of the 2001 and 2003 tax cuts for the middle class, and for other purposes.

SECTION 1. DEFINITION. For the purposes of this Act, the term ``Cape Fox Corporation'' means the Cape Fox Corporation, an Alaska Native village corporation organized pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 and following) by the native village of Kassan. SEC. 2. CONVEYANCE AND ELIGIBILITY OF CERTAIN LANDS TO CAPE FOX CORPORATION. (a) Lands Within 6-Mile Radius of Ketchikan.--The following described lands located near Ketchikan, Alaska, shall be treated as lands selected under section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) by the Cape Fox Corporation, and the Secretary of the Interior shall, within 90 days after the date of the enactment of this Act and subject to valid existing rights, transfer such lands under the terms and conditions of the Alaska Native Claims Settlement Act, notwithstanding section 22(l) of that Act (43 U.S.C. 1621(l)), to the Cape Fox Corporation: T. 74 S., R. 91 E. C.R.M. Section 21 SW\1/4\SW\1/4\. Section 28 W\1/2\W\1/2\. (b) Expansion of Land Selection Area.--In addition to lands made available for selection under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), the following described lands, other than any of such lands conveyed to or selected by the State of Alaska under Public Law 85-508 (commonly known as the ``Alaska Statehood Act'', approved July 7, 1958 (72 Stat. 339, 48 U.S.C. note prec. 21), shall be eligible for selection by the Cape Fox Corporation for the 24-month period beginning on the date of the enactment of this Act: T. 73 S., R. 90 E. C.R.M. Sections 13, 14, 23, 24, 25, 26, 27, 34, 35, 36. T. 73 S., R. 91 E. C.R.M. Sections 19, 20, 29, 30, 31, 32. (c) Directed Conveyance of a 1,040-Acre Parcel.--The following described lands located near Ketchikan, Alaska, other than any of such lands conveyed to or selected by the State of Alaska under Public Law 85-508 (commonly known as the ``Alaska Statehood Act'', approved July 7, 1958 (72 Stat. 339, 48 U.S.C. note prec. 21), shall be treated as lands selected under section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) by the Cape Fox Corporation, an Alaska Native village corporation, and the Secretary of the Interior shall, within 90 days after the date of the enactment of this Act and subject to valid existing rights, transfer such lands under the terms and conditions of the Alaska Native Claims Settlement Act to the Cape Fox Corporation: T. 73 S., R. 90 E. C.R.M. Section 24 E\1/2\E\1/2\. Section 25 NE\1/4\. T. 73 S., R. 91 E. C.R.M. Section 19 SE\1/4\, SE\1/4\SW\1/4\, W\1/2\W\1/2\. Section 29 E\1/2\SW\1/4\, W\1/2\W\1/2\. Section 30 N\1/2\NE\1/4\. Section 32 E\1/2\NW\1/4\, NW\1/4\NW\1/4\. SEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN NON-PRODUCTIVE LANDS. The Cape Fox Corporation shall not be required to select up to 200 nonproductive acres of lands within the township in which Cape Fox Corporation is located, notwithstanding the provisions of section 16(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(b)) relating to the selection of lands in the township or townships in which all or part of a Native village is located. SEC. 4. CREDIT FOR RECONVEYANCE OF BEAVER FALLS HYDROPROJECT POWERHOUSE SITE. Within 24 months after the date of the enactment of this Act, the Cape Fox Corporation may transfer all or part of its right, title, and interest in and to the approximately 320-acre parcel that includes Beaver Falls Hydroelectric power-house site to the United States. In exchange for the transfer, the acreage entitlement of the Cape Fox Corporation shall be credited in the amount of the number of acres returned to the United States under this section. SEC. 5. AVAILABILITY OF CERTAIN PARCELS FOR HOMESITE PROGRAM. (a) In General.--The lands described in subsection (b), other than any of such lands conveyed to or selected by the State of Alaska under Public Law 85-508 (commonly known as the ``Alaska Statehood Act'', approved July 7, 1958 (72 Stat. 339, 48 U.S.C. note prec. 21), shall be available to the Cape Fox Corporation for its homesite program under section 21(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1620(j)). The Secretary shall transfer to the Cape Fox Corporation such portions of the lands as the Cape Fox Corporation requires. (b) Lands Described.--The lands described in this section are the following lands: T. 77 S., R. 91 E. C.R.M. Section 5 S\1/2\SW\1/4\. Section 6 E\1/2\SE\1/4\. Section 31 S\1/2\NE\1/4\. SEC. 6. LIMITATION. (a) No Change in Aggregate Entitlement.--Lands may not be transferred under this Act to the extent that the transfer of such lands would result in the Cape Fox Corporation acquiring a total amount of land under this Act and the Alaska Native Claims Settlement Act in excess of the amount of land to which the Cape Fox Corporation is entitled pursuant to the Alaska Native Claims Settlement Act as modified by sections 2 and 4 of this Act. (b) Relinquishment.--A relinquishment of lands by Cape Fox Corporation under this Act relinquishes the rights of Sealaska Corporation to the subsurface rights to such lands, and Sealaska Corporation is entitled to the subsurface rights in any lands subsequently selected by Cape Fox Corporation to the extent and in the same manner as provided in the Alaska Native Claims Settlement Act.

Provides for the conveyance of lands located near Ketchikan, Alaska, to the Cape Fox Corporation (Cape Fox). Makes certain lands eligible for selection by Cape Fox for a 24-month period. Provides for the direct conveyance of a certain parcel of land. Waives the core township requirement for certain non-productive lands. Allows Cape Fox to be credited for reconveyance of a certain parcel of land that includes the Beaver Falls Hydroelectric power-house site. Makes available certain parcels of land to Cape Fox for its homesite program.

To resolve certain conveyances under the Alaska Native Claims Settlement Act related to Cape Fox Corporation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marijuana Effective Drug Studies Act of 2017'' or the ``MEDS Act''. SEC. 2. MARIJUANA RESEARCH. (a) In General.--Section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) is amended-- (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; (2) by striking ``(f) The Attorney General'' and inserting ``(f)(1) The Attorney General''; (3) by striking ``Registration applications'' and inserting the following: ``(2) Registration applications''; (4) in paragraph (2), as so designated, by striking ``schedule I'' each place that term appears and inserting ``schedule I, except marijuana,''; (5) by striking ``Article 7'' and inserting the following: ``(4) Article 7''; and (6) by inserting before paragraph (4), as so designated, the following: ``(3)(A) The Attorney General shall register a practitioner to conduct research with marijuana if-- ``(i) the applicant is authorized to dispense, or conduct research with respect to, controlled substances in schedules II, III, IV, and V under the laws of the State in which the applicant practices; ``(ii) the applicant's research protocol-- ``(I) has been reviewed and allowed by-- ``(aa) the Secretary under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)); or ``(bb) the National Institutes of Health or another Federal agency that funds scientific research; or ``(II) in the case of nonhuman research that is not federally funded, has been voluntarily submitted by the applicant to, and approved by, the National Institutes of Health; and ``(iii) the applicant has demonstrated that there are effective procedures in place to adequately safeguard against diversion of the marijuana from legitimate medical or scientific use, in accordance with subparagraph (E). ``(B) The Attorney General shall grant an application for registration under this paragraph unless the Attorney General determines that the issuance of the registration would be inconsistent with the public interest. In determining the public interest, the following factors shall be considered: ``(i) The applicant's experience in dispensing, or conducting research with respect to, controlled substances. ``(ii) The applicant's conviction record under Federal or State laws relating to the manufacture, distribution, or dispensing of controlled substances. ``(iii) Compliance with applicable State, Federal, or local laws relating to controlled substances. ``(iv) Such other conduct by the applicant that may threaten the public health and safety. ``(C) Not later than 90 days after the date of enactment of this paragraph, for purposes of subparagraph (A)(ii)(II), the National Institutes of Health shall establish a process that-- ``(i) allows a researcher to voluntarily submit the research protocol of the researcher for review and approval; and ``(ii) provides a researcher described in clause (i) with a decision not later than 30 days after the date on which the research protocol is submitted. ``(D)(i) Not later than 60 days after the date on which the Attorney General receives a complete application for registration under this paragraph, the Attorney General shall-- ``(I) approve the application; or ``(II) serve an order to show cause upon the applicant in accordance with section 304(c). ``(ii) For purposes of clause (i), an application shall be deemed complete when the applicant has submitted documentation showing that the requirements under subparagraph (A) are satisfied. ``(E)(i) A researcher registered under this paragraph shall store marijuana to be used in research in a securely locked, substantially constructed cabinet. ``(ii) Any other security measures required by the Attorney General under this paragraph to safeguard against diversion shall be consistent with those required for practitioners conducting research on other controlled substances in schedules I and II that have a similar risk of diversion and abuse. ``(F)(i) If the Attorney General grants an application for registration under this paragraph, the applicant may amend or supplement the research protocol without reapplying if the applicant does not-- ``(I) change the type of drug, the source of the drug, or the conditions under which the drug is stored, tracked, or administered; or ``(II) otherwise increase the risk of diversion. ``(ii) If an applicant amends or supplements the research protocol under clause (i), the applicant shall, in order to renew the registration under this paragraph, provide notice to the Attorney General of the amended or supplemented research protocol in the applicant's renewal materials. ``(iii)(I) If an applicant amends or supplements the research protocol in a manner that involves a change to the type of drug, the source of the drug, or conditions under which the drug is stored, tracked, or administered or otherwise increases the risk of diversion, the applicant shall provide notice to the Attorney General not later than 30 days before proceeding on such amended or supplemental research protocol. ``(II) If the Attorney General does not object during the 30-day period following a notification under subclause (I), the applicant may proceed with the amended or supplemental research protocol. ``(iv) The Attorney General may object to an amended or supplemental research protocol under clause (i) or (iii) if additional security measures are needed to safeguard against diversion or abuse. ``(G) Article 28 of the Single Convention on Narcotic Drugs shall not be construed to prohibit, or impose additional restrictions upon, research involving marijuana that is conducted in accordance with this paragraph and other applicable provisions of this title. ``(H) If marijuana or a compound of marijuana is listed on a schedule other than schedule I-- ``(i) the provisions of this subsection that apply to research with a controlled substance in the applicable schedule shall apply to research with marijuana or that compound, as applicable; and ``(ii) subparagraphs (A) through (G) of this paragraph shall not apply to research with marijuana or that compound, as applicable.''. (b) Conforming Amendment.--Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended by inserting ``or `marijuana''' after ``The term `marihuana'''. SEC. 3. MANUFACTURING OF MARIJUANA FOR CLINICAL USE. Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(k) Registration of Persons To Manufacture and Distribute Marijuana.-- ``(1) Manufacture and distribution for use in research.-- The Attorney General shall register an applicant to manufacture or distribute marijuana on behalf of the Federal Government to the extent that the marijuana is intended to be used exclusively for legitimate research and scientific uses, in accordance with the applicable requirements under subsection (a) or (b) for registration of manufacturers or distributors of controlled substances in schedule I or II. ``(2) Manufacture and distribution for commercial production of fda-approved drugs.--The Attorney General shall register an applicant to manufacture or distribute marijuana on behalf of the Federal Government exclusively for the purpose of commercial production of a drug containing or derived from marijuana that is approved by the Secretary under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), in accordance with the applicable requirements under subsection (a) or (b) of this section for registration of manufacturers or distributors of controlled substances in schedule I or II. ``(3) No limit on number of manufacturers and distributors.--The Attorney General shall not impose a limit on the number of applicants eligible to be registered under paragraph (1) or (2). ``(4) Timing.--Not later than 30 days after the date on which the Attorney General receives an application for registration under paragraph (1) or (2), the Attorney General shall-- ``(A) grant the application; or ``(B) serve an order to show cause upon the applicant in accordance with section 304(c). ``(5) Determination of supply.--In considering the factors under subsection (a) or (b), as applicable, for the purposes of registering an applicant eligible under paragraph (1) or (2) of this subsection, the Attorney General shall consider the demand from researchers for an adequate and uninterrupted supply of specific strains of marijuana and for marijuana grown pursuant to specific manufacturing processes. ``(6) Relation to the single convention on narcotic drugs.-- ``(A) Constructive possession and control.--The registration of manufacturers and distributors of marijuana under paragraphs (1) and (2) shall constitute constructive possession and control by the Federal Government for the purposes of the obligations under the Single Convention on Narcotic Drugs. ``(B) Article 28.--Article 28 of the Single Convention on Narcotic Drugs shall not be construed to prohibit, or impose additional restrictions upon, the manufacturing of marijuana that is conducted in accordance with paragraph (1) or (2), as applicable, and other applicable provisions of this title.''. SEC. 4. GOOD MANUFACTURING PRACTICES. Not later than 180 days after the date of enactment of this Act, the National Institute for Drug Abuse shall develop and publish recommendations for good manufacturing practices for growing and producing marijuana (as defined in section 102 of the Controlled Substance Act (21 U.S.C. 802), as amended by this Act) for research. SEC. 5. QUOTAS. Section 306(e) of the Controlled Substances Act (21 U.S.C. 826(e)) is amended in the third sentence by striking ``exceeds the aggregate of the quotas of all registrants under this section'' and inserting ``should be increased to meet the changing medical, scientific, and industrial needs for the controlled substance''. SEC. 6. TERMINATION OF INTERDISCIPLINARY REVIEW PROCESS FOR NON-NIH- FUNDED RESEARCHERS. The Secretary of Health and Human Services may not-- (1) reinstate the Public Health Service interdisciplinary review process described in the guidance entitled ``Guidance on Procedures for the Provision of Marijuana for Medical Research'' (issued on May 21, 1999); or (2) create an additional review of scientific protocols that is conducted only for research on marijuana (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended by section 2(b)) other than the review of research protocols performed at the request of a researcher conducting nonhuman research that is not federally funded, in accordance with section 303(f)(3)(A)(ii)(II) of the Controlled Substances Act (21 U.S.C. 823(f)(3)(A)(ii)(II)), as amended by section 2(a).

Marijuana Effective Drug Studies Act of 2017 or the MEDS Act This bill amends the Controlled Substances Act to establish a new, separate registration process to facilitate research involving marijuana and the commercial production of drugs made from marijuana. Specifically, the bill requires the Drug Enforcement Administration to register manufacturers and distributors to supply marijuana: (1) for use in research, and (2) for the commercial production of approved drugs containing or derived from marijuana.

Marijuana Effective Drug Studies Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Galisteo Basin Archaeological Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Galisteo Basin and surrounding area of New Mexico are the location of many well preserved prehistoric and historic archaeological resources of Native American and Spanish colonial cultures. (2) These resources include the largest ruins of Pueblo Indian settlements in the United States, spectacular examples of Native American rock art, and ruins of Spanish colonial settlements. (3) These resources are threatened by natural causes, urban development, vandalism, and uncontrolled excavations. (b) Purpose.--The purpose of this Act is to provide for the preservation, protection, and interpretation of the nationally significant archaeological resources in the Galisteo Basin in New Mexico. SEC. 3. ESTABLISHMENT OF GALISTEO BASIN ARCHAEOLOGICAL PROTECTION SITES. (a) In General.--The archaeological sites listed in subsection (b), as generally depicted on the map entitled ``Galisteo Basin Archaeological Protection Sites'' and dated May 1999, are hereby designated as the ``Galisteo Basin Archaeological Protection Sites''. (b) Sites Described.--The archaeological sites referred to in subsection (a) consist of 26 sites in the Galisteo Basin, New Mexico, totaling approximately 4,022 acres, as follows: Name Acres Arroyo Hondo Pueblo.................................... 21 Burnt Corn Pueblo...................................... 110 Camino Real Site....................................... 1 Chamisa Locita Pueblo.................................. 40 Comanche Gap Petroglyphs............................... 768 Espinoso Ridge Site.................................... 160 La Cienega Pueblo and Petroglyphs...................... 126 La Cienega Pithouse Village............................ 179 La Cieneguilla Petroglyphs............................. 186 La Cieneguilla Pueblo.................................. 12 Lamy Pueblo............................................ 30 Lamy Junction Site..................................... 65 Las Huertas............................................ 20 Pa'ako Pueblo.......................................... 29 Petroglyph Hill........................................ 90 Pueblo Blanco.......................................... 533 Pueblo Colorado........................................ 120 Pueblo Galisteo/Las Madres............................. 284 Pueblo Largo........................................... 60 Pueblo She............................................. 120 Rote Chert Quarry...................................... 1 San Cristobal Pueblo................................... 390 San Lazaro Pueblo...................................... 416 San Marcos Pueblo...................................... 152 Tonque Pueblo.......................................... 97 Upper Arroyo Hondo Pueblo.............................. 12 Total Acreage 4,022 (c) Availability of Map.--The Secretary shall keep the map referred to in subsection (a) on file and available for public inspection in appropriate offices in New Mexico of the Bureau of Land Management and the National Park Service. (d) Boundary Adjustments.--The Secretary may make minor adjustments to the boundaries of the archaeological protection sites by publishing notice thereof in the Federal Register. SEC. 4. ADDITIONAL SITES. (a) In General.--The Secretary shall-- (1) continue to search for additional Native American and Spanish colonial sites in the Galisteo Basin area of New Mexico; and (2) within 3 years after the date funds are first available to carry out this Act, and periodically thereafter, submit to the Congress recommendations for additions to, deletions from, and modifications of the boundaries of sites included in, the list of archaeological protection sites in section 4(b). (b) Additions Only by Statute.--Additions to or deletions from the list in section 3(b) may be made only by an Act of Congress. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary shall administer Federal lands located within the archaeological protection sites in accordance with this Act, the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), and other applicable laws, in a manner that will protect, preserve, and maintain the archaeological resources of those sites and provide for research thereon. (b) Management Plan.-- (1) In general.--Within 3 complete fiscal years after the date funds are first made available to carry out this Act, the Secretary shall prepare and transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a general management plan for the identification, research, protection, and public interpretation of the archaeological resources of Federal lands located within the archaeological protection sites and non- Federal lands that are the subject of cooperative agreements under section 6. (2) Consultation.--The Secretary shall develop the general management plan in consultation with the Governor of New Mexico, the New Mexico State Land Commissioner, affected Native American pueblos, and other interested persons. SEC. 6. COOPERATIVE AGREEMENTS. The Secretary may enter into cooperative agreements with the owners of non-Federal lands located within the archaeological protection sites. The purposes of such an agreement shall be to protect, preserve, maintain, and administer the archaeological resources and associated lands of such a site. Where appropriate, such an agreement may also provide for public interpretation of an archaeological protection site. SEC. 7. ACQUISITIONS. (a) In General.--The Secretary may acquire lands and interests therein within the boundaries of the archaeological protection sites, and access thereto, by donation, purchase with donated or appropriated funds, or by exchange. (b) Consent of Owner Required.--The Secretary may acquire lands or interests therein under this section only with the consent of the owner thereof. (c) State Lands.--The Secretary may acquire under this section lands or interests therein owned by the State of New Mexico or a political subdivision thereof only by donation or exchange. SEC. 8. WITHDRAWAL. Subject to valid existing rights, all Federal lands within the archaeological protection sites are hereby withdrawn-- (1) from all forms of entry, appropriation, or disposal under the public land laws; (2) from location, entry, and patent under the mining laws; and (3) from disposition under all laws relating to mineral and geothermal leasing. SEC. 9. DEFINITIONS. In this Act: (1) Archaeological protection site.--The term ``archaeological protection site'' means any archaeological site designated as one of the Galisteo Basin Archaeological Protection Sites by section 3. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Requires the Secretary to submit to specified congressional committees a general management plan for the identification, research, protection, and public interpretation of the archaeological resources of: (1) Federal lands located within the archaeological protection sites; and (2) non-Federal lands within the sites that are the subject of discretionary cooperative agreements the Secretary has entered into with their owners for the protection, preservation, and administration of their archaeological resources and associated lands. Authorizes the Secretary to acquire lands and interests within the boundaries of the archaeological protection sites, and access to them, by donation, purchase with donated or appropriated funds, or by exchange. Limits to donation or exchange the Secretary's acquisition authority for lands or interests owned by the State of New Mexico or a local government. Withdraws all Federal lands within the sites, subject to valid existing rights, from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing.

Galisteo Basin Archaeological Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Survivors of Military Sexual Assault and Domestic Abuse Act of 2013''. SEC. 2. PROVISION OF COUNSELING AND TREATMENT FOR SEXUAL TRAUMA BY THE DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS OF THE ARMED FORCES. (a) Expansion of Coverage to Members of the Armed Forces.-- Subsection (a) of section 1720D of title 38, United States Code, is amended-- (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following new paragraph (2): ``(2)(A) In operating the program required by paragraph (1), the Secretary may, in consultation with the Secretary of Defense, provide counseling and care and services to members of the Armed Forces (including members of the National Guard and Reserves) on active duty to overcome psychological trauma described in that paragraph. ``(B) A member described in subparagraph (A) shall not be required to obtain a referral before receiving counseling and care and services under this paragraph.''; and (3) in paragraph (3), as redesignated by paragraph (1)-- (A) by striking ``a veteran'' and inserting ``an individual''; and (B) by striking ``that veteran'' each place it appears and inserting ``that individual''. (b) Information to Members on Availability of Counseling and Services.--Subsection (c) of such section is amended-- (1) by striking ``to veterans'' each place it appears; and (2) in paragraph (3), by inserting ``members of the Armed Forces and'' before ``individuals''. (c) Inclusion of Members in Reports on Counseling and Services.-- Subsection (e) of such section is amended-- (1) in the matter preceding paragraph (1), by striking ``to veterans''; (2) in paragraph (2)-- (A) by striking ``women veterans'' and inserting ``individuals''; and (B) by striking ``training under subsection (d).'' and inserting ``training under subsection (d), disaggregated by-- ``(A) veterans; ``(B) members of the Armed Forces (including members of the National Guard and Reserves) on active duty; and ``(C) for each of subparagraphs (A) and (B)-- ``(i) men; and ``(ii) women.''; (3) in paragraph (4), by striking ``veterans'' and inserting ``individuals''; and (4) in paragraph (5)-- (A) by striking ``women veterans'' and inserting ``individuals''; and (B) by inserting ``, including specific recommendations for individuals specified in subparagraphs (A), (B), and (C) of paragraph (2)'' before the period at the end. SEC. 3. DEPARTMENT OF VETERANS AFFAIRS SCREENING MECHANISM TO DETECT INCIDENTS OF DOMESTIC ABUSE. (a) In General.--Not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement a screening mechanism to be used when a veteran seeks healthcare services from the Department of Veterans Affairs to detect if the veteran has been a victim of domestic abuse for purposes of improving the treatment of the veteran and assessing the prevalence of domestic abuse in the veteran population. (b) Domestic Abuse Defined.--In this section, the term ``domestic abuse'' means behavior with respect to an individual that-- (1) constitutes-- (A) a pattern of behavior resulting in physical or emotional abuse, economic control, or interference with the personal liberty of that individual; (B) a violation of Federal or State law involving the use, attempted use, or threatened use of force or violence against that individual; or (C) a violation of a lawful order issued for the protection of that individual; and (2) is committed by a person who-- (A) is a current or former spouse or domestic partner of that individual; (B) shares a child in common with that individual; (C) is a current or former intimate partner of that individual that shares or has shared a common domicile with that individual; (D) is a caregiver of that individual as defined in section 1720G(d) of title 38, United States Code; or (E) is in any other type of relationship with that individual that the Secretary may specify for purposes of this section. SEC. 4. REPORTS ON MILITARY SEXUAL TRAUMA AND DOMESTIC ABUSE. (a) Report on Services Available for Military Sexual Trauma in the Department of Veterans Affairs.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the treatment and services available from the Department of Veterans Affairs for male veterans who experience military sexual trauma compared to such treatment and services available to female veterans who experience military sexual trauma. (b) Report on Domestic Abuse Among Veterans.--The Secretary shall include with the report submitted under subsection (a) a report on domestic abuse among veterans that includes the following: (1) A summary of the types, outcomes, and circumstances of incidents of domestic abuse that have been reported by veterans during the two-year period preceding the submission of the report. (2) A summary of the treatments available from the Department for veterans who experience domestic abuse and an assessment of the effectiveness of those treatments. (3) Whether an incident of military sexual trauma or sexual trauma experienced after the age of 18 may increase the risk of domestic abuse. (4) Any other issues that the Secretary determines appropriate. (c) Reports on Transition of Military Sexual Trauma and Domestic Abuse Treatment From Department of Defense to Department of Veterans Affairs.--Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Department of Veterans Affairs-Department of Defense Joint Executive Committee established by section 320(a) of title 38, United States Code, shall submit to the appropriate committees of Congress a report on military sexual trauma and domestic abuse that includes the following: (1) The processes and procedures utilized by the Department of Veterans Affairs and the Department of Defense to facilitate transition of treatment of individuals who have experienced military sexual trauma or domestic abuse from treatment provided by the Department of Defense to treatment provided by the Department of Veterans Affairs. (2) A description and assessment of the collaboration between the Department of Veterans Affairs and the Department of Defense in assisting veterans in filing claims for disabilities related to military sexual trauma or domestic abuse, including permitting veterans access to information and evidence necessary to develop or support such claims. (d) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Veterans' Affairs and the Committee on Armed Services of the Senate; and (B) the Committee on Veterans' Affairs and the Committee on Armed Services of the House of Representatives. (2) Domestic abuse.--The term ``domestic abuse'' has the meaning given that term in section 3(b) of this Act. (3) Military sexual trauma.--The term ``military sexual trauma'' means psychological trauma, which in the judgment of a mental health professional employed by the Department, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the veteran was serving on active duty or active duty for training. (4) Sexual harassment.--The term ``sexual harassment'' means repeated, unsolicited verbal or physical contact of a sexual nature which is threatening in character. (5) Sexual trauma.--The term ``sexual trauma'' shall have the meaning given that term by the Secretary of Veterans Affairs for purposes of this section.

Survivors of Military Sexual Assault and Domestic Abuse Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to provide counseling and care and services for sexual trauma to active-duty members of the Armed Forces. (Under current law, such services are provided only to veterans.) Prohibits such a member from being required to obtain a referral before receiving such services. Directs the Secretary to develop and implement a screening mechanism to be used when a veteran seeks VA health care services to detect if such veteran has been a victim of domestic abuse in order to improve such treatment and assess the prevalence of such abuse in the veteran population. Requires the Secretary to report to the congressional veterans committees on treatment and services available from the VA for male veterans who experience military sexual trauma compared to such treatment and services available to female veterans who experience such trauma. Directs the Department of Veterans Affairs-Department of Defense Joint Executive Committee, annually for a six-year period, to report to the defense and appropriations committees on the transition from the Department of Defense (DOD) to the VA of treatment of individuals who have experienced military sexual trauma or domestic abuse.

Survivors of Military Sexual Assault and Domestic Abuse Act of 2013

SECTION 1. CREDIT FOR CLINICAL TESTING RESEARCH EXPENSES ATTRIBUTABLE TO CERTAIN QUALIFIED ACADEMIC INSTITUTIONS INCLUDING TEACHING HOSPITALS. (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 41 the following: ``SEC. 41A. CREDIT FOR MEDICAL INNOVATION EXPENSES. ``(a) General Rule.--For purposes of section 38, the medical innovation credit determined under this section for the taxable year shall be an amount equal to 20 percent of the excess (if any) of-- ``(1) the qualified medical innovation expenses for the taxable year, over ``(2) the medical innovation base period amount. ``(b) Qualified Medical Innovation Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified medical innovation expenses' means the amounts which are paid or incurred by the taxpayer during the taxable year directly or indirectly to any qualified academic institution for clinical testing research activities. ``(2) Clinical testing research activities.-- ``(A) In general.--The term `clinical testing research activities' means human clinical testing conducted at any qualified academic institution in the development of any product, which occurs before-- ``(i) the date on which an application with respect to such product is approved under section 505(b), 506, or 507 of the Federal Food, Drug, and Cosmetic Act, ``(ii) the date on which a license for such product is issued under section 351 of the Public Health Service Act, or ``(iii) the date classification or approval of such product which is a device intended for human use is given under section 513, 514, or 515 of the Federal Food, Drug, and Cosmetic Act. ``(B) Product.--The term `product' means any drug, biologic, or medical device. ``(3) Qualified academic institution.--The term `qualified academic institution' means any of the following institutions: ``(A) Educational institution.--A qualified organization described in section 170(b)(1)(A)(iii) which is owned or affiliated with an institution of higher education as described in section 3304(f). ``(B) Charitable research hospital.--A charitable research hospital which-- ``(i) is owned by an organization described in section 501(c)(3) and exempt from taxation under section 501(a), ``(ii) is not a private foundation, and ``(iii) is designated as a cancer center by the National Cancer Institute. ``(4) Exclusion for amounts funded by grants, etc.--The term `qualified medical innovation expenses' shall not include any amount to the extent such amount is funded by any grant, contract, or otherwise by another person (or any governmental entity). ``(c) Medical Innovation Base Period Amount.--For purposes of this section, the term `medical innovation base period amount' means the average annual qualified medical innovation expenses paid by the taxpayer during the 3-taxable year period ending with the taxable year immediately preceding the first taxable year of the taxpayer beginning after December 31, 1997. ``(d) Special Rules.-- ``(1) Limitation on foreign testing.--No credit shall be allowed under this section with respect to any clinical testing research activities conducted outside the United States. ``(2) Certain rules made applicable.--Rules similar to the rules of subsections (f) and (g) of section 41 shall apply for purposes of this section. ``(3) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulation prescribe) to have this section apply for such taxable year. ``(4) Coordination with credit for increasing research expenditures and with credit for clinical testing expenses for certain drugs for rare diseases.--Any qualified medical innovation expense for a taxable year to which an election under this section applies shall not be taken into account for purposes of determining the credit allowable under section 41 or 45C for such taxable year.'' (b) General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following: ``(13) the medical innovation expenses credit determined under section 41A(a).'' (c) Deduction for Unused Portion of Credit.--Section 196(c) of the Internal Revenue Code of 1986 (defining qualified business credits) is amended by striking ``and'' at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting ``, and'', and by adding at the end the following: ``(8) the medical innovation expenses credit determined under section 41A(a).'' (d) Conforming 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 after the item relating to section 41 the following: ``Sec. 41A. Credit for medical innovation expenses.'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997.

Amends the Internal Revenue Code to establish a limited credit for qualified medical innovation expenses for clinical testing research expenses attributable to academic medical centers and other qualified hospital research organizations.

A bill to amend the Internal Revenue Code of 1986 to provide for a medical innovation tax credit for clinical testing research expenses attributable to academic medical centers and other qualified hospital research organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thompson Divide Withdrawal and Protection Act of 2013''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Thompson Divide in western Colorado is an area comprised of Federal and non-Federal land that provides important watershed, scenic, recreational, wildlife, and other benefits to the general public and local communities; (2) the Thompson Divide provides rural character, a robust agriculture-based economy, and outstanding recreational and sporting opportunities to many surrounding communities; and (3) the Thompson Divide provides important spring and summer grazing land for historical ranching operations. (b) Purposes.--The purposes of this Act are-- (1) subject to valid existing rights, to withdraw certain Federal land and mineral rights in the Thompson Divide Withdrawal and Protection Area from-- (A) disposition under the mineral and geothermal leasing laws of the United States; (B) location, patent, and entry under mining laws of the United States; and (C) all forms of appropriation or disposal under the public land laws; and (2) to allow for the retirement, purchase, donation, voluntary exchange, or other acquisition of mineral and other interests in land from willing sellers within the Thompson Divide Withdrawal and Protection Area. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Thompson Creek Divide Proposed Withdrawal'' and dated May 31, 2012. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Thompson divide withdrawal and protection area.--The term ``Thompson Divide Withdrawal and Protection Area'' means the Federal land consisting of the approximately 183,000 acres depicted on the map as ``Thompson Creek Divide Proposed Withdrawal''. SEC. 4. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA. (a) In General.--Subject to valid existing rights, the Thompson Divide Withdrawal and Protection Area is withdrawn from all forms of-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) Surveys.--The exact acreage and legal description of the Thompson Divide Withdrawal and Protection Area shall be determined by surveys approved by the Secretary, in consultation with the Secretary of Agriculture. (c) Acquisition of Mineral Rights.-- (1) Notification.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, shall provide written notice to holders of valid existing mineral leases or other mineral interests within the Thompson Divide Withdrawal and Protection Area of the potential opportunity for donation, voluntary exchange, or other relinquishment of those rights for retirement under this Act. (B) Notification to secretary.--On receipt of the notification under subparagraph (A), a holder of a valid mineral lease or other mineral interest within the Thompson Divide Withdrawal and Protection Area may submit a written notice to the Secretary of the interest of the holder in the retirement or other conveyance of that right for withdrawal and protection purposes. (C) List of interested holders.--The Secretary shall prepare a list of interested holders under subparagraph (A) and make the list available to-- (i) the Secretary of Agriculture; (ii) any non-Federal nonprofit organization described in section 170(h) of the Internal Revenue Code of 1986; or (iii) any person interested in acquiring a right for retirement under this Act. (2) Withdrawal and retirement.--If any mineral lease or other mineral interest is relinquished, donated to, exchanged, or otherwise acquired by the United States wholly or partially within the Thompson Divide Withdrawal and Protection Area under this Act or under the authority of the Secretary or the Secretary of Agriculture, respectively the land shall, without further action by the Secretary concerned, be automatically withdrawn from all forms of-- (A) entry, appropriation, and disposal under the public land laws; (B) location, entry, and patent under mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (3) Prohibition.--The Secretary and the Secretary of Agriculture shall not use Federal funds to repurchase any valid Federal mineral lease or other mineral interest within the Thompson Divide Withdrawal and Protection Area. (4) Applicability.-- (A) Existing rights.--Nothing in this Act expands, diminishes, impairs, or otherwise affects any valid existing mineral leases, mineral interest, or other private property rights wholly or partially within the Thompson Divide Withdrawal and Protection Area, including access to the leases, rights, or land in accordance with applicable Federal, State, and local laws (including regulations). (B) Prior lease sales.--Nothing in this Act prohibits the Secretary from taking any action necessary to issue, deny, remove the suspension of, or cancel a lease or any sold lease parcel that has not been issued pursuant to any lease sale carried out prior to the date of enactment of this Act, including the completion of any requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

Thompson Divide Withdrawal and Protection Act of 2013 - Withdraws the Thompson Divide Withdrawal and Protection Area (the Thompson Divide) in Colorado from: (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. Directs the Secretary of the Interior to provide a written notice to holders of valid existing mineral leases or other mineral interests within the Thompson Divide of the potential opportunity for donation, voluntary exchange, or other relinquishment of those rights for retirement. Permits a holder of a valid mineral lease or other mineral interest within the Thompson Divide, upon receipt of such notification, to submit a written notice to the Secretary of that holder's interest in the retirement or other conveyance of such right for withdrawal and protection purposes. Instructs the Secretary to prepare a list of interested holders and make such list available to the Secretary of Agriculture (USDA), qualified nonprofit conservation organizations, or persons interested in acquiring a right for retirement. Requires, if any mineral lease or other mineral interest is relinquished, donated to, exchanged, or otherwise acquired by the United States within the Thompson Divide or under the authority of the Secretary or the USDA Secretary, such land to be withdrawn as described above. Prohibits the Secretaries from using federal funds to repurchase valid federal mineral leases or other mineral interests within the Thompson Divide.

Thompson Divide Withdrawal and Protection Act of 2013

SECTION 1. FINDINGS. Congress finds the following: (1) To remain competitive in science and technology in the global economy, the United States must increase the number of students graduating from high school prepared to pursue postsecondary education in science, technology, engineering, and mathematics. (2) There is broad agreement in the scientific community that learning science requires direct involvement by students in scientific inquiry and that laboratory experience is so integral to the nature of science that it must be included in every science program for every science student. (3) In America's Lab Report, the National Research Council concluded that the current quality of laboratory experiences is poor for most students and that educators and researchers do not agree on how to define high school science laboratories or on their purpose, hampering the accumulation of research on how to improve labs. (4) The National Research Council found that schools with higher concentrations of non-Asian minorities and schools with higher concentrations of poor students are less likely to have adequate laboratory facilities than other schools. (5) The Government Accountability Office reported that 49.1 percent of schools where the minority student population is greater than 50.5 percent reported not meeting functional requirements for laboratory science well or at all. (6) 40 percent of those college students who left the science fields reported some problems related to high school science preparation, including lack of laboratory experience and no introduction to theoretical or to analytical modes of thought. (7) It is the national interest for the Federal Government to invest in research and demonstration projects to improve the teaching of laboratory science in the Nation's high schools. SEC. 2. GRANT PROGRAM. Section 8(8) of the National Science Foundation Authorization Act of 2002 (Public Law 107-368) is amended-- (1) by redesignating subparagraphs (A) through (F) as clauses (i) through (vi), respectively, and indenting appropriately; (2) by moving the flush language at the end 2 ems to the right; (3) in the flush language at the end, by striking ``paragraph'' and inserting ``subparagraph''; (4) by striking ``Initiative.--A program of'' and inserting ``initiative.-- ``(A) In general.--A program of''; and (5) by inserting at the end the following: ``(B) Pilot program.-- ``(i) In general.--In accordance with subparagraph (A)(v), the Director shall establish a pilot program designated as `Partnerships for Access to Laboratory Science' to award grants to partnerships to improve laboratories and provide instrumentation as part of a comprehensive program to enhance the quality of mathematics, science, engineering, and technology instruction at the secondary school level. Grants under this subparagraph may be used for-- ``(I) purchase, rental, or leasing of equipment, instrumentation, and other scientific educational materials; ``(II) maintenance, renovation, and improvement of laboratory facilities; ``(III) professional development and training for teachers; ``(IV) development of instructional programs designed to integrate the laboratory experience with classroom instruction and to be consistent with State mathematics and science academic achievement standards; ``(V) training in laboratory safety for school personnel; ``(VI) design and implementation of hands-on laboratory experiences to encourage the interest of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) in mathematics, science, engineering, and technology and help prepare such individuals to pursue postsecondary studies in these fields; and ``(VII) assessment of the activities funded under this subparagraph. ``(ii) Partnership.--Grants awarded under clause (i) shall be to a partnership that-- ``(I) includes an institution of higher education or a community college; ``(II) includes a high-need local educational agency; ``(III) includes a business or eligible nonprofit organization; and ``(IV) may include a State educational agency, other public agency, National Laboratory, or community-based organization. ``(iii) Federal share.--The Federal share of the cost of activities carried out using amounts from a grant under clause (i) shall not exceed 50 percent.''. SEC. 3. REPORT. The Director of the National Science Foundation shall evaluate the effectiveness of activities carried out under the pilot projects funded by the grant program established pursuant to the amendment made by section 2 in improving student performance in mathematics, science, engineering, and technology. A report documenting the results of that evaluation shall be submitted to the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Science and Technology of the House of Representatives not later than 5 years after the date of enactment of this Act. The report shall identify best practices and materials developed and demonstrated by grant awardees. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Science Foundation to carry out this Act and the amendments made by this Act $5,000,000 for fiscal year 2008, and such sums as may be necessary for each of the 3 succeeding fiscal years.

Requires the Director of the National Science Foundation (NSF) to establish a pilot program designated as "Partnerships for Access to Laboratory Science" to award grants to partnerships to improve laboratories and to provide instrumentation as part of a comprehensive program to enhance the quality of mathematics, science, engineering, and technology instruction at the secondary school level. Requires grants awarded under this Act to be made to a partnership that: (1) includes an institution of higher education or a community college; (2) includes a high-need local educational agency; (3) includes a business or eligible nonprofit organization; and (5) may include a state educational agency, other public agency, national laboratory, or community-based organization.

A bill to establish a laboratory science pilot program at the National Science Foundation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``SAFE Grant Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Over 300,000 women are sexually assaulted each year in the United States. Unlike all other violent crimes, rape is not declining in frequency. (2) Most victims of sexual assault who seek treatment for an attack report to hospital emergency rooms. (3) Since most sexual assault victims do not require immediate medical attention, many wait hours before receiving treatment from nurses or other medical professionals. Some sexual assault victims leave the hospital altogether rather than endure extended waits, diminishing the likelihood that the offense will ever be reported, investigated, or prosecuted. (4) Most emergency room personnel who treat sexual assault victims lack training in collecting critical forensic evidence and providing the physical and psychological care particularly required by sexual assault victims. (5) Many hospitals lack the best and most recent forensic tools, such as dye capable of revealing microscopic scratches, and colposcopes, which detect and photograph otherwise invisible pelvic injuries. (6) Some emergency room personnel avoid treating sexual assault victims for fear of having to participate in time- consuming witness preparation and court appearances, or decline to devote time and attention to cooperating with investigators and prosecutors. (7) By contrast, sexual assault victims treated by Sexual Assault Forensic Examiners (referred to in this Act as ``SAFEs'') under the Sexual Assault Forensic Examiner program (referred to in this Act as the ``SAFE program'')-- (A) rarely wait for treatment; (B) are attended to by a single, specially trained examiner rather than multiple doctors, nurses, lab technicians, and administrative assistants; and (C) receive sensitive care tailored specifically for sexual assault victims and delivered in a private setting. (8) SAFEs are far better able to document sexual assault than nonspecialized emergency room personnel because they are primarily focused on collecting evidence of sexual assault from victims, have extensive training in the latest forensic techniques, and use the best and most recent equipment. (9) SAFEs bolster the odds of prosecuting and convicting sexual assailants by gathering invaluable evidence and ensuring its proper preservation, and cooperating extensively with police and prosecutors. Because of their specialized training and experience, SAFEs make better witnesses than ordinary emergency room personnel and can make the difference between success or failure at trial. (10) There are approximately 500 SAFE programs in the United States, which treat less than 5 percent of all sexual assault victims. (11) Financial obstacles have slowed the growth of SAFE programs which struggle to obtain the Federal, State, and private funding necessary to establish and maintain service. (12) Currently, SAFE programs are forced to compete against a myriad of other law enforcement and victims' programs to obtain limited Federal funding from existing sources. (13) Establishing a specific and adequate source of Federal funding for SAFE programs will contribute to their proliferation and thereby aid in the successful prosecution of offenders and the improvement of care provided to victims. SEC. 3. GRANT PROGRAM. (a) Establishment of Grant Program.--The Attorney General shall establish a program to award and disburse annual grants to SAFE programs. (b) Compliance With National Protocol.--To receive a grant under this section, a proposed or existing SAFE program shall be in compliance with the standards and recommended national protocol developed by the Attorney General pursuant to section 1405 of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg note). (c) Application.-- (1) In general.--Each proposed or existing SAFE program that desires a grant under this section shall submit an application to the Attorney General at such time, and in such manner, as the Attorney General shall reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall include information regarding-- (A) the size of the population or estimated population to be served by the proposed or existing SAFE program; and (B) if the SAFE program exists at the time the applicant submits its application, the effectiveness of that SAFE program. (d) Priority Given to Programs in Underserved Areas.--In awarding grants under this section, the Attorney General shall give priority to proposed or existing SAFE programs that are serving, or will serve, populations currently underserved by existing SAFE programs. (e) Nonexclusivity.--Nothing in this Act shall be construed to limit or restrict the ability of proposed or existing SAFE programs to apply for and obtain Federal funding from any other agency or department, or under any other Federal grant program. (f) Audits.--The Attorney General shall audit recipients of grants awarded and disbursed under this section to ensure-- (1) compliance with the standards and recommended national protocol developed by the Attorney General pursuant to section 1405 of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg note); (2) compliance with other applicable Federal laws; and (3) overall program effectiveness. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice $10,000,000 for each of fiscal years 2002 through 2006 for grants under this section.

SAFE Grant Act of 2001 - Directs the Attorney General to establish a program to award and disburse annual grants to Sexual Assault Forensic Examiner (SAFE) programs.Requires a proposed or existing SAFE program, to receive a grant, to be in compliance with the standards and recommended national protocol developed by the Attorney General pursuant to the Victims of Trafficking and Violence Protection Act of 2000.Sets forth provisions regarding application requirements, priority for programs in underserved areas, non-exclusivity, and audits.

A bill to establish a grant program for Sexual Assault Forensic Examiners, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Space Protection Act of 1998''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Congress has established a policy of dedicating revenue from the production and use of nonrenewable resources to reinvest in public land resources for American families and their children through programs such as the Land and Water Conservation Fund. (2) Since its creation by Congress in 1965, the Land and Water Conservation Fund has been responsible for nearly 7,000,000 acres of parkland, refuges and open spaces, and the development of more than 37,000 State and local parks and recreation projects. From parks to playgrounds, wilderness to wetlands, open trails to open spaces, the Land and Water Conservation Fund has been an American success story. (3) The need for open spaces and recreation has soared. Combined estimates from the United States Fish and Wildlife Service, National Park Service, United States Forest Service, and Bureau of Land Management total a $7,000,000,000 backlog to meet current land acquisition needs. This backlog includes lands critical to conserving wetlands, watersheds and wilderness, protecting wildlife refuges and habitat, preserving important historic and cultural sites and providing trails and open spaces for outdoor recreation. (4) Conserving our Nation's most valuable natural and cultural treasures is critical to conserving America's heritage of open space and the great outdoors. (5) Suburban and urban sprawl and the loss of open space have become a primary concern for local communities with State and local revenues inadequate to address these critical needs. (6) The demand for outdoor recreation, and the corresponding need for more parks, open space and recreation infrastructure, has skyrocketed. The National Survey on Recreation and the Environment (NSRE), conducted by the United States Forest Service, shows explosive growth in most outdoor pursuits, including mountain biking, backpacking, kayaking, and birdwatching. (7) The enormous popularity of youth soccer over the past decade has created an unprecedented demand for new playing fields which to date has been unmet. (8) The welcome increase in athletic participation among women and girls is continuing to increase demand for access to local parks and recreation facilities throughout America. (9) Conserving natural resources, protecting open space, and enhancing recreation opportunity will be effective only if undertaken through Federal, State, and local partnership. (10) The American legacy of conservation and open space is key to ensuring that our Nation's communities are healthy, safe, and secure, and that they are places where American families and their children can enjoy the quality of life that they deserve. (11) The findings of the 1995 National Biological Service study ``Endangered Ecosystems of the United States: A Preliminary Assessment of Loss and Degradation'' demonstrate the need to escalate conservation measures that protect our Nation's wildlands and habitats. (b) Purpose.--The purpose of this Act is to provide a secure source of funds available for Federal land acquisition and to revitalize the State, local, and urban needs outlined in the Land and Water Conservation Fund Act of 1965 and the Urban Park and Recreation Recovery Act of 1978 by providing matching grants for State, local, and urban conservation and recreation needs. SEC. 3. SECURE FUNDING. Section 3 of the Land and Water Conservation Act of 1965 (16 U.S.C. 4601-5(c)(1)) is amended as follows: (1) By striking ``Moneys'' the first place it appears and inserting ``Except as provided by subsection (b), moneys''. (2) By inserting ``(a)'' after ``3''. (3) By adding at the end the following new subsection: ``(b)(1) Special Rule.--For any fiscal year beginning after September 30, 1998, and ending before October 1, 2015, from amounts covered into the Fund in the preceding fiscal year, there is appropriated for purposes of this Act $900,000,000. Notwithstanding section 5, for each such fiscal year, such funds shall be available for the following purposes: ``(A) $450,000,000 shall be available for Federal purposes (in this Act referred to as the `Federal share'). ``(B) $250,000,000 shall be available for financial assistance to the States under section 5 and for any other State purposes authorized under this Act. Such sum shall be apportioned among the States pursuant to section 6 (in this Act referred to as the `State share'). No less than 50 percent of the State share for each State for each such fiscal year shall be directed by the State to local governments to provide natural areas, open space, parklands, or recreational areas. ``(C) $150,000,000 shall be available to the Secretary of the Interior for grants to local governments through the Urban Parks and Recreation Recovery Program (16 U.S.C. 2501-2514). ``(D) $50,000,000 shall be available to the Secretary of the Interior through and including fiscal year 2004, for grants for land acquisition in connection with the American Battlefield Protection Program. For fiscal years 2004 through and including 2014, $50,000,000 shall be available to the Secretary of the Interior for the restoration and acquisition of historical and cultural sites found within the National Park Service, Fish and Wildlife Service, Bureau of Land Management and the National Forest Service. ``(2) The President shall, in his annual budget submission for the fiscal year concerned, specify the specific purposes for which the funds referred to in subparagraphs (A), (C), and (D) of paragraph (1) are to be used by the Secretary of the Interior and the Secretary of Agriculture. Such funds shall be used by the Secretary concerned for the purposes specified by the President in such annual budget submission unless the Congress, in the general appropriation Acts for the Department of the Interior and the Department of Agriculture for such fiscal year, specifies that any part of such Federal share is to be used by the Secretary concerned for other puposes. ``(3) For purposes of the budget submission, the President shall require the Secretary of the Interior and the Secretary of Agriculture to prepare Federal priority lists for expenditure of the Federal share. Such lists shall be prepared in consultation with the head of the affected bureau or agency, taking into account the best professional judgment regarding the land acquisition priorities and policies of each bureau or agency. In preparing such priority lists, the Secretaries shall consider-- ``(A) the potential adverse impacts which might result if the acquisition is not undertaken; ``(B) the availability of land appraisal and other information necessary to complete the acquisition in a timely manner; and ``(C) such other factors as the Secretaries deem appropriate.''. SEC. 4. FINANCIAL ASSISTANCE TO STATES. Section 6 of the Land and Water Conservation Act of 1965 (16 U.S.C. 4601-5(c)(1)) is amended as follows: (1) By amending subsection (b)(5) to strike the comma after ``the District of Columbia'' and insert ``shall be treated as one State. Indian/Alaska Native Village Corporations shall be treated as one State and shall allocate their funds in a manner to be determined by the Secretary of the Interior.''. (2) By amending subsection (e)(1) by striking ``, but not including incidental costs relating to acquisition''. (3) By amending subsection (e)(2) by inserting before the period at the end ``or to enhance public safety.''. (4) By striking the second sentence of subsection (f)(5) and inserting: ``The Secretary shall approve such conversion only if the State demonstrates no prudent or feasible alternative exists with the exception of those properties that are no longer viable as an outdoor conservation and recreation facility due to changes in demographics or that must be abandoned because of environmental contamination which endangers public health and safety. Any conversion must satisfy any conditions the Secretary deems necessary to assure the substitution of other conservation and recreation properties of at least equal market value and reasonably equivalent usefulness and location and which are in accord with the existing State Plan for Conservation and Recreation; except that wetland areas and interests therein as identified in the wetlands provisions of the action agenda and proposed to be acquired as suitable replacement property within that same State that is otherwise acceptable to the Secretary shall be considered to be of reasonably equivalent usefulness with the property proposed for conversion.''. SEC. 5. URBAN PARK AND RECREATION RECOVERY ACT OF 1978 AMENDMENTS. The Urban Park and Recreation Recovery Act (16 U.S.C. 2501 and following) is amended as follows: (1) In section 1004 by striking ``and'' at the end of subsection (j), by striking the period at the end of subsection (k) and inserting ``; and'' and by adding the following after subsection (k): ``(l) `development grants' means matching capital grants to local units of government to cover costs of development and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreation facilities, support facilities, and landscaping, but excluding routine maintenance and upkeep activities; and ``(m) `acquisition grants' means matching capital grants to local units of government to cover the direct and incidental costs of purchasing new parkland to be permanently dedicated and made accessible for public conservation and recreation.''. (2) Section 1004(j) (16 U.S.C. 2503(j)) is amended by inserting ``the District of Columbia,'' after ``by the Governor,''. (3) Section 1005(a) (16 U.S.C. 2504(a) is amended to read as follows: ``(a) Eligibility.--Eligibility of general purpose local governments to compete for assistance under this title shall be based upon need as determined by the Secretary. Generally, the list of eligible governments shall include the following: ``(1) All political subdivisions included in Metropolitan, Primary, or Consolidated Statistical Areas as currently defined by the census. ``(2) Any other city or town within a Metropolitan Area with a total population of 50,000 or more in the census of 1970, 1980, or 1990, or each census thereafter. ``(3) Any other political subdivision, county, parish, or township with a total of 250,000 or more in the census of 1970, 1980, or 1990, or each census thereafter.''. (4) Section 1006(a) (16 U.S.C. 2505) is amended as follows: (A) In subsection (a) by striking ``and innovative grants directly'' and inserting ``innovation, development, or acquisition purposes''. (B) In paragraph (1) of subsection (a) by striking ``and innovation'' and inserting ``innovation, development, or acquisition'' and by striking all after ``subdivisions or regional park authorities'' and inserting ``except that such grantees shall provide assurance to the Secretary that they will maintain public conservation and recreation opportunities at assisted areas and facilities owned or managed by them in accordance with section 1010 of this Act.'' (C) In paragraph (2) of subsection (a) by striking ``or innovative projects'' and inserting ``innovation, development, or acquisition projects'' and by striking ``, except'' and all that follows and inserting ``on a reimbursable basis.''. (5) Section 1010 (16 U.S.C. 2509) is amended to read as follows: ``SEC. 1010. CONVERSION. ``No property acquired or improved or developed under this title shall, without the approval of the Secretary, be converted to other than public recreation uses. The Secretary shall approve such conversion only if the grantee demonstrates no prudent or feasible alternative exists (with the exception of those properties that are no longer a viable recreation facility due to changes in demographics or they must be abandoned because of environmental contamination which endangers public health and safety). Any conversion must satisfy any conditions the Secretary deems necessary to assure the substitution of other conservation and recreation properties of at least equal market value and reasonably equivalent usefulness and location and which are in accord with the current conservation and recreation recovery action program.''. (6) Section 1014 (16 U.S.C. 2513) is repealed.

Open Space Protection Act of 1998 - Amends the Land and Water Conservation Act of 1965 to appropriate from the Land and Water Conservation Fund $900 million for every fiscal year from FY 1999 through 2015, with specified portions available for: (1) Federal purposes (Federal share); (2) financial assistance to the States for State and local natural areas, open space, parklands, or recreational areas; (3) grants to local governments through the Urban Parks and Recreation Recovery Program; (4) grants (through FY 2004) for land acquisition in connection with the American Battlefield Protection Program; and (5) grants (for FY 2004 through 2014) for the restoration and acquisition of historical and cultural sites found within the National Park Service, Fish and Wildlife Service, Bureau of Land Management and the National Forest Service. (Sec. 3) Requires the President to: (1) require the Secretary of the Interior and the Secretary of Agriculture to prepare Federal priority lists for expenditure of the Federal share; and (2) name in the annual budget submission the specific purposes for which the Secretaries shall use such funds, unless Congress specifies otherwise. (Sec. 4) Requires Indian-Alaska Native Village Corporations to be treated as one State for allocation purposes. Authorizes the Secretary to approve conversion of property improved or developed with Federal assistance to other than public recreation uses only if the State demonstrates no prudent or feasible alternative exists (with the exception of those properties that are no longer viable as an outdoor conservation and recreation facility due to changes in demographics, or that must be abandoned because of environmental contamination endangering public health and safety). Requires any conversion to satisfy any conditions the Secretary deems necessary to assure the substitution of other conservation and recreation properties which are: (1) of at least equal market value and reasonably equivalent usefulness and location; and (2) in accord with the existing State Plan for Conservation and Recreation. Declares that wetland areas and interests identified in the action agenda, and proposed for acquisition as suitable replacement property (acceptable to the Secretary) within that same State, shall be considered to be of reasonably equivalent usefulness with the property proposed for conversion. (Sec. 5) Amends the Urban Park and Recreation Recovery Act to include in the list of local governments eligible to compete for Federal assistance grants for the Urban Park and Recreation Recovery Program: (1) all political subdivisions included in Metropolitan, Primary, or Consolidated Statistical Areas; (2) any other city or town within a Metropolitan Area with a total population of 50,000 or more in the 1970, 1980, 1990, or subsequent census; and (3) any other political subdivision, county, parish, or township with a total of 250,000 or more in the 1970, 1980, 1990, or subsequent census. Authorizes the Secretary of the Interior to make to local governments matching capital: (1) development grants to cover costs of development and construction on existing or new neighborhood recreation sites, including indoor and outdoor recreation facilities, support facilities, and landscaping (but not routine maintenance and upkeep activities); and (2) acquisition grants to cover the direct and incidental costs of purchasing new parkland to be permanently dedicated and made accessible for public conservation and recreation. Authorizes the Secretary to approve conversion of property improved or developed with Federal assistance to other than public recreation uses only if the grantee demonstrates no prudent or feasible alternative exists (with the exception of those properties that are no longer a viable recreation facility due to changes in demographics or that must be abandoned because of environmental contamination endangering public health and safety). Requires any conversion to satisfy any conditions the Secretary deems necessary to assure the substitution of other conservation and recreation properties which are: (1) of at least equal market value and reasonably equivalent usefulness and location; and (2) in accord with the current conservation and recreation recovery action program. Repeals the prohibition against using funds under such Act to acquire land or interests in land.

Open Space Protection Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethical and Legal Elections for Congressional Transitions Act''. SEC. 2. REQUIRING SPECIAL ELECTION IN CASE OF VACANCY IN OFFICE OF A SENATOR. (a) Special Election.-- (1) In general.--Except as provided in subsection (b), if the President of the Senate issues a certification that a vacancy exists in the office of a Senator, the chief executive of the State represented by the Senator shall issue a writ of election to fill the vacancy by special election. (2) Timing of election.--A special election under this subsection shall be held not later than 90 days after the President of the Senate issues the certification described in paragraph (1). (3) Application of state laws.--A special election under this subsection shall be held in accordance with applicable State law governing special elections in the State. (b) Exception for Vacancies Occurring Near Date of Regularly Scheduled Election.--Subsection (a) shall not apply in the case of a vacancy in the office of a Senator if the President of the Senate issues the certification described in such subsection-- (1) during the 90-day period which ends on the date a regularly scheduled general election for the office is to be held; or (2) during the period which begins on the date of a regularly scheduled general election for the office and ends on the first day of the first session of the next Congress which begins after the date of such election. (c) Rule of Construction.--Nothing in this section shall be construed to affect the authority of a State under the Constitution of the United States to authorize the chief executive of the State to make a temporary appointment to fill a vacancy in the office of Senator until a special election is held for the office, or to affect the authority of an individual who is appointed to fill such a vacancy until an individual is elected to the office in the special election. SEC. 3. REIMBURSEMENT OF PORTION OF COSTS INCURRED BY STATE IN HOLDING SPECIAL ELECTION. (a) Payments To Reimburse States for Portion of Special Election Costs.--Subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end the following new part: ``PART 7--PAYMENTS TO REIMBURSE PORTION OF COSTS INCURRED IN HOLDING SPECIAL ELECTIONS TO FILL SENATE VACANCIES ``SEC. 297. PAYMENTS TO STATES TO REIMBURSE PORTION OF COSTS INCURRED IN HOLDING SPECIAL ELECTIONS TO FILL SENATE VACANCIES. ``(a) Payments Authorized.--In accordance with the procedures and requirements of this section, the Commission shall make a payment to each eligible State to cover a portion of the costs incurred by the State in holding a special election required under the Ethical and Legal Elections for Congressional Transitions Act to fill a vacancy in the office of a Senator representing the State. ``(b) Eligibility.--A State is eligible to receive a payment under this part if it submits to the Commission, at such time and in such form as the Commission may require, a statement containing-- ``(1) a notice of the reasonable costs incurred or the reasonable costs anticipated to be incurred by the State in holding the special election described in subsection (a), including the costs of any primary election held for purposes of determining the candidates in the special election; and ``(2) such other information and assurances as the Commission may require. ``(c) Amount of Payment.--The amount of a payment made to a State under this section shall be equal to 50 percent of the reasonable costs incurred or the reasonable costs anticipated to be incurred by the State in holding the special election described in subsection (a), as set forth in the statement submitted under subsection (b). ``(d) Timing of Payments.--The Commission shall make the payment required under this section to a State not later than 30 days after receiving the statement submitted by the State under subsection (b). ``(e) Recoupment of Overpayments.--No payment may be made to a State under this section unless the State agrees to repay to the Commission the excess (if any) of-- ``(1) the amount of the payment received by the State under this section with respect to the election involved; over ``(2) the actual costs incurred by the State in holding the election involved. ``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Commission such sums as may be necessary for fiscal year 2009 and each succeeding fiscal year for payments under this part.''. (b) Clerical Amendment.--The table of contents of the Help America Vote Act of 2002 is amended by adding at the end of the items relating to subtitle D of title II the following: ``Part 7--Payments To Reimburse Portion of Costs Incurred in Holding Special Elections To Fill Senate Vacancies ``Sec. 297. Payments to States to reimburse portion of costs incurred in holding special elections to fill Senate vacancies. ``Sec. 297A. Authorization of appropriations.''.

Ethical and Legal Elections for Congressional Transitions Act - Requires states to hold special elections when a vacancy occurs in the office of U.S. Senator for the state. Amends the Help America Vote Act of 2002 to reimburse the states for a portion of special election costs.

To require States to hold special elections in the event of a vacancy in the office of a Senator representing the State, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle Rio Grande Emergency Water Supply Stabilization Act of 2003''. SEC. 2. AMENDMENTS TO FLOOD CONTROL ACT OF 1948. The Flood Control Act of 1948 (title II of the Act of June 30, 1948 (chapter 771; 62 Stat. 1175 et seq.)) is amended-- (1) by inserting after the title heading the following: ``Subtitle A--''; (2) in section 203, under the heading ``RIO GRANDE BASIN'' by striking paragraph (c) and inserting the following: ``(c) The Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, and in conjunction with other interested Federal agencies and the State of New Mexico, is directed to make studies to determine feasible and cost-effective ways and means of reducing nonbeneficial consumption of water by phreatic vegetation in the flood plain of the Rio Grande and its principal tributaries above Caballo Reservoir.''; and (3) by adding at the end the following: ``Subtitle B-- ``SEC. 221. SHORT TITLE. ``This subtitle may be cited as the `Middle Rio Grande Emergency Water Supply Stabilization Act of 2003'. ``SEC. 222. PURPOSES. ``The purposes of this subtitle are to-- ``(1) authorize the Secretary of the Interior to contribute to a long-term solution for the Middle Rio Grande River in the State of New Mexico by preventing, reducing, or eliminating wasteful depletion of waters; ``(2) encourage the implementation of water conservation measures that will improve water quantity and water quality conditions needed to support a living river environment for the Middle Rio Grande River, with resultant conservation, recreation, and other public benefits; and ``(3) achieve quantifiable improvements in irrigation efficiencies of not less than 10 percent above the year 2002- 2003 baseline conditions within three years of the date of enactment of this subtitle, and not less than 20 percent improvement in irrigation efficiencies within six years of the date of enactment of this subtitle. ``(4) confirm the original intentions of Congress as set forth in the Colorado River Storage Project Act (Act of April 11, 1956, 43 U.S.C. 620g), directing the Secretary `to investigate, plan, construct, operate, and maintain (1) public recreational facilities on lands withdrawn or acquired for the development of said project or of said participating projects, to conserve the scenery, the natural, historic, and archeologic objects, and the wildlife on said lands, and to provide for public use and enjoyment of the same and of the water areas created by these projects by such means as are consistent with the primary purposes of said projects; and (2) facilities to mitigate losses of, and improve conditions for, the propagation of fish and wildlife', and the authorization for the initial stage of the San Juan-Chama Project (Act of June 13, 1962, Public Law 87-483 (76 Stat. 96)), directing the Secretary `to construct, operate, and maintain the initial stage of the San Juan-Chama Project, Colorado-New Mexico, for the principal purposes of furnishing water supplies . . . in the Rio Grande Basin and . . . in the existing Middle Rio Grande Conservancy District and for municipal, domestic, and industrial uses, and providing recreation and fish and wildlife benefits.'. ``SEC. 223. DEFINITIONS. ``In this subtitle: ``(1) Eligible entities.--The term `eligible entities' means organizations, municipalities, Indian Tribes or Pueblos, individuals, or other entities who use agricultural or municipal and industrial water from the Rio Grande River and its tributaries in New Mexico, including water supplied directly or indirectly from the Middle Rio Grande Project or the San Juan-Chama Project. ``(2) Program.--The term `program' means the Middle Rio Grande Water Supply Stabilization Program established under section 224. ``(3) Secretary.--The term `Secretary' means the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation. ``(4) State.--The term `State' means the State of New Mexico. ``SEC. 224. WATER CONSERVATION. ``(a) Establishment of Water Supply Stabilization Program.-- ``(1) The Secretary, in cooperation with the State and the Middle Rio Grande Endangered Species Act Collaborative Program, shall establish a program to provide financial and technical assistance to promote and encourage the adoption and implementation of water conservation measures within the Rio Grande Basin in New Mexico, to be known as the Middle Rio Grande Water Supply Stabilization Program. ``(2) The Secretary shall-- ``(A) enter into cost sharing and other agreements with the State and other entities as may be necessary under the Program; ``(B) contribute a share not to exceed 75 percent of the costs of administering and implementing the Program, subject to the provisions and limitations of subsection (b) of this section; and ``(C) provide water conservation technical assistance to the State and the Middle Rio Grande Conservancy District as may be appropriate in furtherance of the purposes of this subtitle. ``(3) The Program shall include, at a minimum, to accomplish the purposes of this subtitle-- ``(A) in accordance with subsection (b), irrigation efficiency infrastructure improvements or other agricultural water conservation measures; ``(B) incentives or other measures to encourage conversions from production of water-intensive crops to crops that require less water; ``(C) measures to improve and encourage municipal and industrial water conservation programs including programs specifically designed to reduce consumptive water use from manufacturing processes; ``(D) incentives or other measures to encourage the lease, purchase, dry-year optioning, or dedication of water or water rights to meet the purposes of this subtitle; ``(E) establishment of a State program under which the State holds and enforces water rights leased, purchased, dry-year optioned, or otherwise dedicated to provide water supplies to meet the purposes of this subtitle; ``(F) designation of a State agency to-- ``(i) administer the Program, and to receive Federal financial contributions which may be appropriated pursuant to this subtitle; ``(ii) establish guidelines and procedures for approving and funding eligible water conservation projects or measures in a timely and cost-effective manner; and ``(iii) ensure that each lease, purchase, dry-year optioning, and dedication of water and water rights is consistent with State water law and the purposes of this subtitle; and ``(G) procedures to consider and incorporate the views and recommendations of the Middle Rio Grande Endangered Species Act Collaborative Program, to the extent those views and recommendations are consistent with the purposes of this subtitle. ``(b) Irrigation Efficiency Infrastructure and Measures.-- ``(1) In general.--The following agricultural water conservation projects or measures are eligible to receive cost- shared Federal financial assistance under the Program: ``(A) The cost of converting from production of a water-intensive crop to a crop that requires less water. ``(B) The cost of eligible on-farm and off-farm irrigation efficiency infrastructure and measures described in paragraph (2) if not less than 70 percent of the water conserved as a result of the irrigation efficiency infrastructure and measures is permanently allocated, directly or indirectly, to storage in the conservation pool referred to in section 226 or otherwise made available for release into the Rio Grande River to support a living river environment for the Middle Rio Grande River and to provide conservation, recreation, and other public benefits. ``(2) Eligible irrigation efficiency infrastructure and measures.--Eligible irrigation efficiency infrastructure and measures referred to in paragraph (1) are-- ``(A) lining of canals and ditches, insulation of piping, and installation of ditch portals or gates; ``(B) tail water return systems; ``(C) low-energy precision applications; ``(D) low-flow irrigation systems, including drip and trickle systems and micro-sprinkler systems; ``(E) spray jets or nozzles that improve water distribution efficiency; ``(F) surge valves; ``(G) conversion from gravity or flood irrigation to low-flow sprinkler or drip irrigation systems; ``(H) intake screens, fish passages, and conversion of diversions to pumps; ``(I) alternate furrow wetting, irrigation scheduling, and similar measures; ``(J) water measuring devices; and ``(K) such other irrigation efficiency infrastructure and measures as the Secretary determines to be appropriate to carry out the program. ``(c) Control of Phreatic Vegetation.-- ``(1) The Secretary shall, immediately upon enactment of this Act, cooperate with the State of New Mexico, water user organizations, and affected landowners to develop and implement a comprehensive and cost-effective program to identify, remove, and control phreatic vegetation in the floodplain of the Rio Grande River and its principal tributaries above Caballo Reservoir within the State of New Mexico, and to replant and reestablish native vegetation as appropriate. ``(2) In carrying out the requirements of paragraph 1, the Secretary shall-- ``(A) ensure that state-of-the-art and scientifically defensible methods to remove, control, and dispose of phreatic vegetation are used; ``(B) ensure that labor forces from local communities and Pueblos are, to the extent possible, employed to implement this section; and ``(C) enter into cost-sharing agreement with the State of New Mexico as may be required to carry out the purposes of this section. ``(3) The Secretary is prohibited from removing vegetation unless the Secretary has entered into agreements with private landowners providing for permission to enter private lands to remove and control phreatic vegetation and to reestablish native vegetation. ``(4) The Secretary shall, in cooperation with the Secretary of Agriculture, the State of New Mexico, and water users within the floodplain of the Rio Grande River and its tributaries within the State of New Mexico, quantify water salvaged by removal and control of phreatic vegetation under this section. ``(5) The Secretary is authorized to enter into agreements for the long-term lease or purchase of water salvaged by the control and elimination of phreatic vegetation, such water to remain available to meet the purposes of this Act. ``SEC. 225. COST SHARING. ``(a) Non-Federal Share.--The non-Federal share of the cost of implementing municipal and industrial water conservation programs and projects for converting from production of a water-intensive crop to a crop that requires less water, or of an irrigation efficiency infrastructure measure assisted under section 224(b)-- ``(1) shall be not less than 25 percent; and ``(2) shall be paid by-- ``(A) the State; ``(B) an owner or operator of a farm or ranch (including an Indian tribe); ``(C) a nonprofit organization; or ``(D) and other appropriate entity, as determined by the State. ``(b) Increased Non-Federal Share.--If an owner or operator of a farm or ranch pays 50 percent or more of the cost of converting from production of a water-intensive crop to a crop that requires less water, or of an irrigation efficiency infrastructure or measure, the owner or operator shall retain the right to use 50 percent of the water conserved by the conversion, infrastructure, or measure, as determined by the State. ``SEC. 226. PERMANENT CONSERVATION POOL. ``At the request of the State and to carry out the purposes of this subtitle, the Secretary is authorized to-- ``(1) establish a permanent conservation pool for storage of Rio Grande or San Juan-Chama water, to be established in one or more reservoirs operated by the Bureau of Reclamation or the U.S. Army Corps of Engineers, or to otherwise cooperate with the State in the establishment of such conservation pool; and ``(2) store water salvaged from implementation of water conservation measures authorized by this subtitle in the pool referred to in subsection (a) for release to the Rio Grande River to meet the purposes of this subtitle. ``SEC. 227. MIDDLE RIO GRANDE ENDANGERED SPECIES ACT COLLABORATIVE PROGRAM. ``The Secretary and the Secretary of the Army shall participate in the Middle Rio Grande Endangered Species Act Collaborative Program under the terms and conditions outlined in the Memorandum of Understanding signed by representatives of the Secretary and the Secretary of the Army on April 23, 2002, or as that agreement may be modified by future agreements of the signatory parties. ``SEC. 228. WATER RIGHTS OF INDIAN TRIBES AND PUEBLOS. ``(a) The Secretary shall, for the benefit of Indian Tribes and Pueblos with unquantified and unadjudicated water rights within the Middle Rio Grande Basin in New Mexico, provide direct financial assistance to such Tribes and Pueblos, for the purposes of determining and quantifying Indian water rights and water requirements, and for conducting other water resource studies as may be necessary for the benefit of Tribes and Pueblos. ``(b) The financial assistance provided pursuant to subsection (a) of this section shall not be subject to the cost-sharing requirements of this subtitle, and shall not be reimbursable or returnable under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and the Acts amendatory thereof and supplementary thereto). ``SEC. 229. REAUTHORIZATION OF WATER DESALINATION ACT OF 1996. ``(a) Section 8 of Public Law 104-298 (the Water Desalination Act of 1996, as amended) is amended further by-- ``(1) in paragraph (a) by striking `2004' and inserting in lieu thereof `2008'; and ``(2) in paragraph (b) by striking `2004' and inserting in lieu thereof `2008'. ``(b) In carrying out the provisions of the Water Desalination Act of 1996, as amended, the Secretary shall consult with the Middle Rio Grande Endangered Species Act Collaborative Program, and shall solicit proposals for research and project development, including demonstration projects and permanent projects, applicable to resolution of water supply concerns in the Middle Rio Grande Basin. ``SEC. 230. STATE WATER LAW AND OTHER REQUIREMENTS. ``Nothing in this subtitle-- ``(1) preempts any State water law or any interstate compact; ``(2) affects any litigation concerning the entitlement to, or lack of entitlement to, water that is pending as of the date of enactment of this section; ``(3) expands, alters, or otherwise affects the existence or scope of any water right of any individual (except to the extent that the individual agrees otherwise under the Program); or ``(4) authorizes or entitles the Federal Government to hold or purchase any water right. ``SEC. 231. PROTECTION OF PRIVATE PROPERTY RIGHTS. ``(a) Willing Sellers and Lessors.--The Secretary may enter into an agreement for the sale or lease of water pursuant to this subtitle only if each eligible entity that is a party to the agreement is a willing seller or willing lessor. ``(b) Property Rights.--Nothing in this subtitle authorizes the condemnation of private property. ``SEC. 232. AUTHORIZATION OF APPROPRIATIONS. ``(a) There is hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this subtitle. ``(b) The Federal share of costs associated with the studies authorized by paragraph (c) under the heading `RIO GRANDE BASIN' in section 203 shall not be reimbursable or returnable under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and the Acts amendatory thereof and supplementary thereto). The Federal share of costs associated with the administration and implementation of the water supply stabilization program authorized in section 224 shall not be reimbursable or returnable under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and the Acts amendatory thereof and supplementary thereto).''.

Middle Rio Grande Emergency Water Supply Stabilization Act of 2003 - Amends the Flood Control Act of 1948 to require the Secretary of the Interior to establish a program for financial and technical assistance to implement water conservation measures within the Rio Grande Basin in New Mexico, to be known as the Middle Rio Grande Water Supply Stabilization Program (the Program). Authorizes the Secretary to enter into cost sharing agreements with the State of New Mexico and other necessary entities to accomplish the goals of the Program. Directs the Secretary to develop and implement a comprehensive and cost-effective program to identify, remove, and control phreatic vegetation in the floodplain of the Rio Grande River, and to replant and reestablish native vegetation as appropriate. Authorizes the Secretary to establish a permanent conservation pool for storage of Rio Grande or San Juan-Chama water and to store water salvaged from water conservation measures for release to the Rio Grande River. Directs the Secretary to provide direct financial assistance to the Indian Tribes and Pueblos to determine and quantify Indian water rights and water requirements and for conducting other water resource studies for the benefit of such Tribes and Pueblos. Extends through FY 2008 basic research provisions and water desalination demonstration projects under the Water Desalination Act of 1996.

To amend the Flood Control Act of 1948 with respect to the Middle Rio Grande Project to authorize programs for water conservation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Right to Rent Act of 2017''. SEC. 2. RIGHT TO RENT HOME SUBJECT TO FORECLOSURE. (a) Exercise of Right.--If, at any time after notice under subsection (b) for an eligible mortgage is provided to the eligible mortgagor and before the commencement of the 7-day period that ends on the first date that the foreclosing creditor may first commence or execute such foreclosure pursuant to such notice, the eligible mortgagor under the eligible mortgage that is subject to such foreclosure provides notice in accordance with section 3, notwithstanding such foreclosure or any other interests in the property, the eligible mortgagor may, at the sole option of the eligible mortgagor, continue to occupy the foreclosed property during the 5-year period that begins upon the commencement of such occupancy, subject to the requirements of subsection (c). (b) Limitation on Timing of Foreclosure; Notice of Default and Right To Rent.--Notwithstanding any other provision of law or any contract, a foreclosure of an eligible mortgage may not be commenced or executed before the expiration of the 25-day period (not including Saturdays, Sundays, and legal public holidays) beginning upon the receipt, by the eligible mortgagor, of written notice provided by the foreclosing creditor for the mortgage that-- (1) clearly states that-- (A) the eligible mortgagor is in default on the mortgage; and (B) foreclosure on the mortgage may or will be commenced on account of such default; (2) clearly states that the eligible mortgagor has the right, notwithstanding foreclosure, to continue to occupy the foreclosed property in accordance with this Act, and sets forth the terms of such occupancy under subsections (a) and (c); and (3) clearly identifies the first date, pursuant to this section and any other provisions of law and contract, that such foreclosure may be commenced. (c) Terms of Periodic Tenancy.--Occupancy, by an eligible mortgagor, of a foreclosed property pursuant to subsection (a) shall be under a periodic month-to-month tenancy under which the owner of the property may terminate the tenancy for material breach but shall have no authority, at will, to terminate the tenancy during the occupancy pursuant to subsection (a) if the mortgagor-- (1) timely pays to the owner of the foreclosed property rent on a monthly basis in the amount of the fair market rent for the property determined in accordance with section 4; and (2) uses property as the principal residence of the mortgagor. SEC. 3. REQUIRED NOTICE. With respect to an eligible mortgage for which notice under section 2(b) has been provided, notice in accordance with this section is notice that-- (1) is made in writing; (2) is submitted, by a means under which the act of delivery is recorded, to-- (A) the court having jurisdiction and venue to conduct the covered foreclosure proceeding for the eligible mortgage or, in the case of nonjudicial foreclosure, the court in which an action is brought pursuant to section 5; and (B) the foreclosing creditor; and (3) states that the eligible mortgagor is exercising the authority under section 2(a) to continue to occupy the foreclosed property. SEC. 4. DETERMINATION OF FAIR MARKET RENT. (a) Initial Determination.--For purposes of this Act, the fair market rent for a foreclosed property involved in a covered foreclosure proceeding shall be the amount that is determined by the court conducting such proceeding or hearing an action pursuant to section 5. (b) Periodic Adjustments.--The fair market rent determined under subsection (a) for a foreclosed property shall be adjusted annually to reflect changes in the owners' equivalent rent of primary residence component, for the appropriate city, region, or class of city, as available, of the Consumer Price Index for All Urban Consumers of the Bureau of Labor Statistics of the Department of Labor. (c) Redetermination.--If the owner of a foreclosed property or the eligible mortgagor under the eligible mortgage requests the court described in subsection (a) to redetermine the fair market rent for a foreclosed property determined pursuant to this section (as such amount may have been adjusted pursuant to subsection (b)) and agrees to pay any costs of such redetermination (including costs of the appraisal involved), the court shall provide for redetermination of the fair market rent for the foreclosed property in the manner provided under subsection (a), except that no such redetermination shall be made pursuant to a request under this subsection made before the expiration of the 12-month period beginning upon the most recent redetermination conducted at the request of the same party. SEC. 5. NONJUDICIAL FORECLOSURE PROCEEDINGS. In the case of any covered foreclosure proceeding that is not conducted or administered by a court, the eligible mortgagor may bring an action in an appropriate court of the State in which the foreclosed property is located for a determination of fair market rent for the foreclosed property for purposes of this Act, by filing notice in accordance with section 3 with such court and otherwise complying with the rules of such court. SEC. 6. NO BAR TO FORECLOSURE. This Act may not be construed to delay, or otherwise modify, affect, or alter any right of a creditor under an eligible mortgage to foreclose on the mortgage and to sell the foreclosed property in connection with such foreclosure, except that the right of any owner of the property to possession of the property shall be subject to the leasehold interest established pursuant to section 2(c). SEC. 7. RIGHT TO REINSTATEMENT. This Act may not be construed to affect any right of any eligible mortgagor to reinstatement of an eligible mortgage, including any right established under contract or State law. SEC. 8. JURISDICTION OF FEDERAL COURTS. At the option of the eligible mortgagor, a proceeding under section 4 or 5 shall be removed to the appropriate district court of the United States in accordance with section 1441 of title 28, United States Code. SEC. 9. EFFECT ON STATE LAW. (a) Foreclosure Laws.--This Act does not annul, alter, affect, or exempt any person subject to the provisions of this Act from complying with the laws of any State regarding foreclosure on residential properties, except to the extent that such laws are inconsistent with any provision of this Act, and then only to the extent of such inconsistency. (b) Landlord-Tenant Laws.--Nothing in this Act may be construed to not annul, alter, affect, or exempt any such tenancy created pursuant to section 2(c) from any applicable State or local laws regarding the rights or responsibilities of landlords or tenants. SEC. 10. OVERSIGHT BY HUD. The Secretary of Housing and Urban Development shall-- (1) monitor compliance with the requirements under this Act; (2) make available, and provide, appropriate assistance to eligible mortgagors in exercising their rights under this Act; (3) conduct outreach activities appropriate to inform eligible mortgagors of the provisions of this Act; and (4) submit to the Congress, not less than annually, reports describing the implementation of this Act, the extent to which this Act is utilized by eligible mortgagors, and any issues regarding such implementation or utilization. SEC. 11. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Covered foreclosure proceeding.--The term ``covered foreclosure proceeding'' means a foreclosure proceeding with respect to an eligible mortgage, and includes any foreclosure proceeding authorized under the law of the applicable State, including judicial and non-judicial foreclosure proceedings. (2) Eligible mortgagor.--The term ``eligible mortgagor'' means a mortgagor under an eligible mortgage. (3) Eligible mortgage.--The term ``eligible mortgage'' means a first or subordinate mortgage-- (A) on a property that-- (i) is a single family property; (ii) has been used as the principal residence of the eligible mortgagor for a period of not less than 2 years immediately preceding the initiation of the covered foreclosure proceeding involved; and (iii) had a purchase price, at the time purchased by the eligible mortgagor, that is less than the median purchase price for residences that are located in-- (I) the same metropolitan statistical area; or (II) if the property is not located in a metropolitan statistical area or information for the area is not available, the same State; and (B) that was originated on or before December 31, 2008. For purposes of subparagraph (A)(iii), the median purchase price of residences located within a metropolitan area or State shall be determined according to information collected and made available by the National Association of Realtors for such area or State for the most recently completed month for which such information is available. (4) Foreclosed property.--The term ``foreclosed property'' means, with respect to a covered foreclosure proceeding, the single family property that is subject to the eligible mortgage being foreclosed under the proceeding. (5) Foreclosing creditor.--The term ``foreclosing creditor'' means, with respect to a covered foreclosure proceeding, the creditor that is foreclosing the eligible mortgage through such proceeding. (6) Owner.--The term ``owner'' means, with respect to a foreclosed property, the person who has title to the property pursuant to the foreclosure proceeding for the property, and any successor or assign of such person. (7) Single family property.--The term ``single family property'' means-- (A) a structure consisting of 1 to 4 dwelling units; (B) a dwelling unit in a multi-unit condominium property together with an undivided interest in the common areas and facilities serving the property; or (C) a dwelling unit in a multi-unit project for which purchase of stock or a membership interest entitles the purchaser to permanent occupancy of that unit. SEC. 12. APPLICABILITY AND SUNSET. (a) Applicability.--Subject to subsection (b), this Act shall apply to any covered foreclosure proceeding that has not been finally adjudicated as of the date of the enactment of this Act. (b) Sunset.--This Act shall not apply to any foreclosure proceeding commenced after the expiration of the 5-year period beginning on the date of the enactment of this Act.

Right to Rent Act of 2017 This bill temporarily allows an eligible mortgagor who is subject to foreclosure proceedings to remain in the foreclosed home as a renter for up to five years, subject to specified requirements. The bill applies to a mortgage originated prior to 2009 on a single-family home that: (1) has been used as a primary residence for at least two years, and (2) had a purchase price that is less than the median purchase price for residences in the area. The bill specifies notice requirements and establishes a formula for determining fair-market rent. The Department of Housing and Urban Development shall: (1) monitor compliance with the bill, (2) provide assistance to eligible mortgagors in exercising their rights under the bill, and (3) conduct outreach activities.

Right to Rent Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``12 Carrier Act''. SEC. 2. SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The aircraft carrier can fulfill the Navy's core missions of forward presence, sea control, ensuring safe sea lanes, and power projection as well as providing flexibility and versatility to execute a wide range of additional missions. (2) Forward airpower is integral to the security and joint forces operations of the United States. Carriers play a central role in delivering forward airpower from sovereign territory of the United States in both permissive and nonpermissive environments. (3) Aircraft carriers provide our Nation the ability to rapidly and decisively respond to national threats, as well as conducting worldwide, on-station diplomacy and providing deterrence against threats to the United States allies, partners, and friends. (4) Since the end of the cold war, aircraft carrier deployments have increased while the aircraft carrier force structure has declined. (5) Considering the increased array of complex threats across the globe, the Navy aircraft carrier is operating at maximum capacity, increasing deployment lengths and decreasing maintenance periods in order to meet operational requirements. (6) To meet global peacetime and wartime requirements, the Navy has indicated a requirement to maintain two aircraft carriers deployed overseas and have three additional aircraft carrier capable of deploying within 90 days. However, the Navy has indicated that the existing aircraft carrier force structure cannot support these military requirements. (7) Despite the requirement to maintain an aircraft carrier strike group in both the United States Central Command and United States Pacific Command, the Navy has been unable to generate sufficient capacity to support our combatant commanders and has developed significant carrier gaps in these critical areas. (8) Because of continuing use of a diminished aircraft carrier force structure, extensive maintenance availabilities result which typically exceed program costs and increase time in shipyards. These expansive maintenance availabilities exacerbate existing carrier gaps. (9) Because of maintenance overhaul extensions, the Navy is truncating basic aircraft carrier training to expedite the deployment of available aircraft carriers. Limiting aircraft carrier training decreases operational capabilities and increases sailor risk. (10) Despite the objections of the Navy, the Under Secretary of Defense for Acquisition, Technology, and Logistics directed the Navy on August 7, 2015, to perform shock trials on the U.S.S. Gerald R. Ford (CVN-78). The Assistant Deputy Chief of Naval Operations for Operations, Plans and Strategy indicated that this action could delay the introduction of the U.S.S. Gerald R. Ford (CVN-78) to the fleet by up to two years, exacerbating existing carrier gaps. (11) The Navy has adopted a two-phase acquisition strategy for the U.S.S. John F. Kennedy (CVN-79), an action that will delay the introduction of this aircraft carrier by up to two years, exacerbating existing carrier gaps. (12) Developing an alternative design to the Ford-class aircraft carrier is not cost beneficial. A smaller design is projected to incur significant design and engineering cost while significantly reducing magazine size, carrier air wing size, sortie rate, and on-station effectiveness among other vital factors when compared to the Ford-class. Furthermore, a new design will delay the introduction of future aircraft carriers, exacerbating existing carrier gaps and threatening the national security of the United States. (13) The 2016 Navy Force Structure Assessment states ``A minimum of 12 aircraft carriers are required to meet the increased warfighting response requirements of the Defense Planning Guidance Defeat/Deny force sizing direction.'' (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States should expedite delivery of 12 aircraft carriers; (2) an aircraft carrier should be authorized every three years; (3) shock trials should be conducted on the U.S.S. John F. Kennedy (CVN-79), as initially proposed by the Navy; (4) construction for the U.S.S. John F. Kennedy (CVN-79) should be accomplished in a single phase; (5) the United States should continue the Ford-class design for CVN-81; and (6) bulk procurement initiatives for CVN-80 and CVN-81 should be pursued. SEC. 3. SHOCK TRIALS FOR CVN-78. Section 128(b)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 751) is amended by striking ``prior to the first deployment of such ship''. SEC. 4. INCREASE IN NUMBER OF OPERATIONAL AIRCRAFT CARRIERS OF THE NAVY. (a) Increase.--Section 5062(b) of title 10, United States Code, is amended by striking ``11 operational aircraft carriers'' and inserting ``12 operational aircraft carriers''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on September 30, 2023.

12 Carrier Act This bill requires the Navy's naval combat forces to include at least 12 (currently, 11) operational aircraft carriers, effective September 30, 2023. The bill amends the National Defense Authorization Act for Fiscal Year 2016 to eliminate the requirement that the Navy's certification to the congressional defense committees must indicate that the full ship shock trials on the U.S.S. Gerald R. Ford will be conducted before the first deployment of such ship.

12 Carrier Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Colorado Charter Forest Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Charter forest demonstration project for National Forest System lands in Colorado. Sec. 4. Independent scientific review and monitoring. Sec. 5. Community management council. Sec. 6. Relation to National Environmental Policy Act of 1969. Sec. 7. Predecisional review process for demonstration project. Sec. 8. Stewardship contracting authority. Sec. 9. Retention and use of receipts. Sec. 10. Authorization of appropriations; offset. SEC. 2. DEFINITIONS. In this Act: (1) The terms ``Charter Forest demonstration project'' and ``demonstration project'' mean the demonstration project required by this Act for covered National Forest System lands in the State of Colorado. (2) The terms ``community management council'' and ``council'' mean the community management council appointed under section 5. (3) The term ``covered National Forest System lands'' means the National Forest System lands in the State of Colorado. (4) The terms ``independent scientific panel'' and ``panel'' mean the panel assembled by the Secretary under section 4. (5) The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. SEC. 3. CHARTER FOREST DEMONSTRATION PROJECT FOR NATIONAL FOREST SYSTEM LANDS IN COLORADO. (a) Demonstration Project Required.--The Secretary of Agriculture, acting through the Chief of the Forest Service, shall conduct a demonstration project for National Forest System lands in the State of Colorado for the purpose of increasing community involvement in decisionmaking regarding the management of the covered National Forest System lands and evaluating various methods, described in this Act, to improve the management and health of the covered National Forest System lands. The demonstration project shall be known as the ``Charter Forest demonstration project''. (b) Commencement of Demonstration Project.--The Secretary shall commence the demonstration project as soon as practicable after the submission of the initial report of the independent scientific panel under section 4. (c) Duration.--The Secretary shall terminate the demonstration project at the end of the 10-year period beginning on the date the demonstration project is commenced under subsection (b). (d) Relation to Other National Forest System Laws.--Except as provided in this Act, during the term of the demonstration project, the Secretary shall continue to manage the covered National Forest System lands under all of the laws and regulations governing occupancy, use, and management of the National Forest System. SEC. 4. INDEPENDENT SCIENTIFIC REVIEW AND MONITORING. (a) Review of Ecological, Social, and Economic Sustainability.-- (1) Initial review.--The Secretary shall assemble an independent scientific panel to conduct an assessment, using accepted measures and indicators, of the ecological, social, and economic sustainability of the covered National Forest System lands, taking into consideration such factors as forest health, susceptibility to catastrophic fire, susceptibility to insect infestation, biological diversity, and economic productivity of the covered National Forest System lands. (2) Submission of results.--Not later than one year after the date of the enactment of this Act, the panel shall submit to the Secretary and Congress a report containing the results of the assessment conducted under this subsection. (b) Subsequent Monitoring of Demonstration Project.-- (1) Monitoring plan.--The panel shall prepare a monitoring plan to be used to track the implementation of the charter forest demonstration project. (2) Revised review.--At the end of the first five years of the demonstration project and upon the completion of the demonstration project, the panel shall revise the assessment conducted under subsection (a) and resubmit it to the Secretary and to Congress. (3) Effects of charter project.--Using the information collected from the monitoring plan, the panel shall include in each revised assessment an evaluation of the positive and negative impacts of the demonstration project on changes in the ecological, social, and economic sustainability and susceptibility to insect infestation and catastrophic wildfire of the covered National Forest System lands. SEC. 5. COMMUNITY MANAGEMENT COUNCIL. (a) Establishment and Purposes.--The Secretary shall establish a community management council as part of the charter forest demonstration project for the purpose of-- (1) advising the Secretary and the supervisor of the covered National Forest System lands on the broad array of environmental, economic, and social issues related to the management, occupancy, and use of the covered National Forest System lands; (2) assisting in the development of binding priorities for management activities, including hazardous fuels reduction, watershed protection, disease, insect and invasive species treatment and control; and (3) assisting the Secretary in the development of the ``charter'' and consideration of proposed projects and activities under section 6. (b) Appointment and Members.--The council shall consist of 13 members, appointed by the Secretary as follows: (1) Five members appointed from nominations provided by the Governor of Colorado. (2) Four members appointed from nominations provided by the senior Senator from Colorado. (3) Four members appointed from nominations provided by the junior Senator from Colorado. (c) Qualifications.--The members of the council should be appointed from communities in close proximity to the covered National Forest System lands and represent a broad range of interests, including conservation interests, forestry experts, commodity and forest products interests, experts in the field of energy development, and the interests of county and municipal governments in the area. Members should have a demonstrated ability to constructively work toward beneficial solutions with a diverse range of interests on complex land management issues. (d) Regional Forester.--The Forest Service Regional Forester responsible for Colorado shall serve as an ex officio member of the council. (e) Vacancies.--Vacancies on the council shall be filled in the same manner as the original appointment. (f) Compensation.--Members of the council who are not Federal employees shall serve without compensation. (g) Other Council Authorities and Requirements.-- (1) Staff assistance.--The council may request the Secretary to provide staff assistance to the council from Federal employees under the jurisdiction of the Secretary. (2) Meetings.--All meetings of the council shall be announced at least one week in advance in a local newspaper of record and shall be open to the public. (3) Records.--The council shall maintain records of the meetings of the council and make the records available for public inspection. (4) Relation to other law.--The council shall be exempt from the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 6. RELATION TO NATIONAL ENVIRONMENTAL POLICY ACT OF 1969. (a) Charter.-- (1) Preparation.--Not later than 60 days after the appointment of all of the members to the community management council, the Secretary shall begin to develop a ``Charter'' for the covered National Forest System lands, notwithstanding the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Role of council.--The Secretary shall prepare the Charter and any amendment thereto, with the advice and cooperation of the council. (b) Content.--The Charter for the demonstration project shall address the following: (1) Land and resource management goals and objectives for the covered National Forest System lands, including desired landscape conditions and management outcomes and outputs, to be realized during the term of the demonstration project, and at various intervals thereof. (2) Standards and guidelines for achieving the land and resource management goals and objectives. (3) A monitoring plan to ensure that project level activities are consistent with the land and resource management goals and objectives and related standards and guidelines. (c) Legal Requirements.--Upon establishment, the Secretary shall carry out only those projects and activities on the covered National Forest System lands that are consistent with the requirements of this Act and the Charter. (d) Adoption.--The Charter shall be considered as operative upon the approval of the Secretary and the majority of the members of the council. (e) Effect of Adoption.-- (1) Consistent projects and activities.--If the Secretary determines that a proposed project or activity under the demonstration project is consistent with the requirements of this Act and the Charter, the Secretary shall not be required to do additional analysis under the National Environmental Policy Act of 1969 with regard to the project or activity notwithstanding other regulations, policies, and other administrative directives. (2) Inconsistent projects and activities.--If the Secretary determines that a proposed project or activity under the demonstration project is not consistent with the requirements of this Act and the Charter, the Secretary may not approve the proposed project or activity unless-- (A) the project or activity is revised so as to be compatible with the Charter; or (B) the Charter is amended, by the Secretary and a majority of the members of the council, so that the project or activity is compatible with the charter. (f) Challenge.-- (1) Authority to file.--If an individual or entity that meets the standing requirements necessary to challenge a determination of the Secretary under subsection (e) disagrees with the Secretary's determination regarding the compatibility of a project or activity with the Charter, the person may file a predecisional objection under section 7 with the Secretary. (2) Response.--If the Secretary, after consultation with the council, agrees with the appellant that the project or activity is not compatible with the Charter, the Secretary may not conduct the project or activity unless-- (A) the project or activity is revised, as provided in subsection (e)(2)(A); or (B) the Charter is amended, as provided in subsection (e)(2)(B). SEC. 7. PREDECISIONAL REVIEW PROCESS FOR DEMONSTRATION PROJECT. (a) In General.--The Secretary shall promulgate rules to establish a predecisional review process that would be used during the term of Charter forest demonstration project in connection with site-specific projects for the covered National Forest System lands. (b) Required Elements of Predecisional Review.-- (1) Notice.--The rules required by subsection (a) shall provide for notice of a proposed decision and an opportunity to request review before a final decision on a site-specific project is made. (2) Right to request a predecisional review.--For a period not to exceed 30 days from the date notice is provided pursuant to paragraph (1), review of a proposed decision may be requested by any individual or entity, but only if the individual or entity is resident or domiciled in the State of Colorado. (3) Completion of review.--The review of a request for predecisional review shall be completed before issuance of a final decision regarding the project at issue. The review shall be completed within 30 days after the date the request was submitted. (c) Exemption.--The Secretary may exempt any proposed decision responding to an unexpected or serious event that would provide relief from hazards threatening human health, property, and safety, natural resources, forest health, or to provide for rehabilitation and recovery of forest resources, from the predecisional review rules prescribed under this section. (d) Exhaustion of Predecisional Review Process.--Notwithstanding any other provision of law, an individual or entity must exhaust the predecisional review process before the individual or entity may bring an action in court challenging a site-specific project under the demonstration project. (e) Presumption.--In any predecisional review of a management activity under the demonstration project, the official or administrative entity responsible for the review or the court with jurisdiction over litigation resulting from the review shall give deference to the expert judgment of the Secretary in identifying and interpreting the scientific data that is the basis for the activity. (f) Relation to Forest Service Decision Making and Appeals Reform.--Section 322 of the Department of the Interior and Related Agencies Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612 note), shall not apply to activities conducted under the demonstration project. SEC. 8. STEWARDSHIP CONTRACTING AUTHORITY. (a) Use of Existing Demonstration Authority.--During the term of the Charter forest demonstration project, the Secretary may enter into stewardship and end result contracts for the covered National Forest System lands in accordance with section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 note), to accomplish the land management goals specified in subsection (b) of such section. (b) Additional Contracts.--The contracts entered into under the authority of subsection (a) shall be in addition to the stewardship and end result contracts authorized under such section 347, section 338 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public Law 106-291; 16 U.S.C. 2104 note), or any other provision of law. SEC. 9. RETENTION AND USE OF RECEIPTS. (a) Retention.--During the term of the Charter forest demonstration project, the Secretary shall retain the monetary proceeds from commercial timber sales, special use permit fees, and all other receipts derived from the covered National Forest System lands and any funds appropriated with respect to the covered National Forest System lands. Such receipts and funds shall not be subject to overhead assessments. (b) Use.--The Secretary shall use the funds for projects for the covered National Forest System lands, with priority placed on projects related to forest health, insect eradication, environmental restoration, watershed protection, hazardous fuels reduction, and disease and invasive species control. (c) Role of Council.--The Secretary shall consult with the council in selecting projects under this section. SEC. 10. AUTHORIZATION OF APPROPRIATIONS; OFFSET. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $5,000,000 for each of the fiscal years 2009 through 2019 to implement this Act. (b) Sense of Congress Regarding Offset.--It is the sense of Congress that, to offset the funds appropriated to implement this Act for a fiscal year, the Forest Service land acquisition budget for that fiscal year should be reduced by an equal amount.

Colorado Charter Forest Act of 2008 - Directs the Secretary of Agriculture to conduct a demonstration project for National Forest System lands in Colorado ("covered lands") for the purposes of increasing community involvement in decision making regarding management and evaluating methods to improve the health and management of the lands. Requires establishment of: (1) an independent scientific panel to assess the ecological, social, and economic sustainability of the covered lands and prepare a monitoring plan; and (2) a community management council to advise on environmental, economic, and social issues related to the management, occupancy, and use of the lands. Requires the Secretary, not later than 60 days after appointment of the community management council, to begin to develop a land and resource management charter for the covered lands, notwithstanding the requirements of the National Environmental Policy Act of 1969. Requires the Secretary to promulgate rules to establish a pre-decision review process for use in connection with site-specific projects. Expresses the sense of Congress that in order to offset funds appropriated to implement this Act for a fiscal year, the Forest Service land acquisition budget for that year should be reduced by an equal amount.

To require the Secretary of Agriculture to conduct a "Charter Forest" demonstration project on all National Forest System lands in the State of Colorado in order to combat insect infestation, improve forest health, reduce the threat of wildfire, protect biological diversity, and enhance the social sustainability and economic productivity of the lands.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Authority to Schools Act of 2004''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to restore authority to the public schools to conduct education as a human enterprise; (2) to limit Federal court oversight of public schools to that which is reasonable and necessary to implement Federal law; and (3) to allow State and local education officials to bring new insights and solutions to problems of allocating revenues and resources for the common good in keeping with their designated legislative and executive powers. SEC. 3. APPROPRIATE REMEDIES WITH RESPECT TO VIOLATIONS OF FEDERAL LAW IN THE PUBLIC SCHOOLS. (a) Requirements for Relief.-- (1) Prospective relief.-- (A) Prospective relief in any civil action with respect to violations of Federal law in the public schools shall extend no further than necessary to correct the violation of the Federal right of a particular plaintiff or plaintiffs. The court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation of the Federal right. The court shall give substantial weight to any adverse impact on other students or the school community as a whole caused by the relief. (B) The court shall not order any prospective relief that requires or permits a government official to exceed his or her authority under State or local law or otherwise violates State or local law, unless-- (i) Federal law requires such relief to be ordered in violation of State or local law; (ii) the relief is necessary to correct the violation of a Federal right; and (iii) no other relief will correct the violation of the Federal right. (2) Preliminary injunctive relief.--In any civil action with respect to violations of Federal law in the public schools, to the extent otherwise authorized by law, the court may enter a temporary restraining order or an order for preliminary injunctive relief. Preliminary injunctive relief must be narrowly drawn, extend no further than necessary to correct the harm the court finds requires preliminary relief, and be the least intrusive means necessary to correct that harm. The court shall give substantial weight to any adverse impact on other students or the school community as a whole caused by the preliminary relief and shall respect the principles of comity set out in paragraph (1)(B) in tailoring any preliminary relief. Preliminary injunctive relief shall automatically expire on the date that is 90 days after its entry, unless the court makes the findings required under subsection (a)(1) for the entry of prospective relief and makes the order final before the expiration of the 90-day period. (b) Termination of Relief.-- (1) Termination of prospective relief.-- (A) In any civil action with respect to violations of Federal law in the public schools in which prospective relief is ordered, such relief shall be terminable upon the motion of any party or intervener-- (i) 2 years after the date the court granted or approved the prospective relief; (ii) 1 year after the date the court has entered an order denying termination of prospective relief under this paragraph; or (iii) in the case of an order issued on or before the date of enactment of the Restoring Authority to Schools Act (enacted ____ __, 2004), 2 years after such date of enactment. (B) Nothing in this section shall prevent the parties from agreeing to terminate or modify relief before the relief is terminated under subparagraph (A). (2) Immediate termination of prospective relief.--In any civil action with respect to violations of Federal law in the public schools, a defendant or intervener shall be entitled to the immediate termination of any prospective relief if the relief was approved or granted in the absence of a finding by the court that the relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation of the Federal right. (3) Limitation.--Prospective relief shall not terminate if the court makes written findings based on the record that prospective relief remains necessary to correct a current and ongoing violation of the Federal right, extends no further than necessary to correct the violation of the Federal right, and that the prospective relief is narrowly drawn and the least intrusive means to correct the violation. (4) Termination or modification of relief.--Nothing in this section shall prevent any party or intervener from seeking modification or termination before the relief is terminable under paragraph (1) or (2), to the extent that modification or termination would otherwise be legally permissible. (c) Settlements.-- (1) Consent decrees.--In any civil action with respect to violations of Federal law in the public schools, the court shall not enter or approve a consent decree unless it complies with the limitations on relief set forth in subsection (a). (2) Private settlement agreements.-- (A) Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with the limitations on relief set forth in subsection (a), if the terms of that agreement are not subject to court enforcement other than the reinstatement of the civil proceeding that the agreement settled. (B) Nothing in this section shall preclude any party claiming that a private settlement agreement has been breached from seeking in State court any remedy available under State law. (d) State Law Remedies.--The limitations on remedies in this section shall not apply to relief entered by a State court based solely upon claims arising under State law. (e) Procedure for Motions Affecting Prospective Relief.-- (1) Generally.--The court shall promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to violations of Federal law in the public schools. Mandamus shall lie to remedy any failure to issue a prompt ruling on such a motion. (2) Automatic stay.--Any motion to modify or terminate prospective relief made under subsection (b) shall operate as a stay during the period-- (A)(i) beginning on the 30th day after such motion is filed, in the case of a motion made under paragraph (1) or (2) of subsection (b); or (ii) beginning on the 180th day after such motion is filed, in the case of a motion made under any other law; and (B) ending on the date the court enters a final order ruling on the motion. (3) Postponement of automatic stay.--The court may postpone the effective date of an automatic stay specified in subsection (e)(2)(A) for not more than 60 days for good cause. No postponement shall be permissible because of general congestion of the court's calendar. (4) Order blocking the automatic stay.--Any order staying, suspending, delaying, or barring the operation of the automatic stay described in paragraph (2) (other than an order to postpone the effective date of the automatic stay under paragraph (3)) shall be treated as an order refusing to dissolve or modify an injunction and shall be appealable pursuant to section 1292(a)(1) of title 28, United States Code, regardless of how the order is styled or whether the order is termed a preliminary or a final ruling. (f) Special Masters.-- (1) In general.-- (A) In any civil action in a Federal court with respect to violations of Federal law in the public schools, the court may appoint a special master who shall be disinterested and objective and who will give due regard to balancing the needs of the school community as a whole against the requested relief, to conduct hearings on the record and prepare proposed findings of fact. (B) The court shall appoint a special master under this subsection during the remedial phase of the action only upon a finding that the remedial phase will be sufficiently complex to warrant the appointment. (2) Appointment.-- (A) If the court determines that the appointment of a special master is necessary, the court shall request that the defendant State officials and the plaintiff each submit a list of not more than 5 persons to serve as a special master. (B) Each party shall have the opportunity to remove up to 3 persons from the opposing party's list. (C) The court shall select the master from the persons remaining on the list after the operation of subparagraph (B). (3) Interlocutory appeal.--Any party shall have the right to an interlocutory appeal of the judge's selection of the special master under this subsection, on the ground of partiality. (4) Compensation.--The compensation to be allowed to a special master under this section shall be based on an hourly rate not greater than the hourly rate established under section 3006A for payment of court-appointed counsel, plus costs reasonably incurred by the special master. Such compensation and costs shall be paid with funds appropriated to the Judiciary. (5) Regular review of appointment.--In any civil action with respect to violations of Federal law in the public schools in which a special master is appointed under this subsection, the court shall review the appointment of the special master every 6 months to determine whether the services of the special master continue to be required under paragraph (1). In no event shall the appointment of a special master extend beyond the termination of the relief. (6) Limitations on powers and duties.--A special master appointed under this subsection-- (A) may be authorized by a court to conduct hearings and prepare proposed findings of fact, which shall be made on the record; (B) shall not make any findings or communications ex parte; (C) may be authorized by a court to assist in the development of remedial plans; and (D) may be removed at any time, but shall be relieved of the appointment upon the termination of relief. (g) Definitions.--As used in this section-- (1) the term ``consent decree'' means any relief entered by the court that is based in whole or in part upon the consent or acquiescence of the parties, but does not include private settlements; (2) the term ``civil action with respect to violations of Federal law in the public schools'' means any civil proceeding arising under Federal law with respect to any aspect of operation of the public schools or the provision of public education, including extra curricular and ancillary activities, but does not include civil proceedings relating to desegregation of the public schools; (3) the term ``public schools'' means a public elementary or secondary school as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801); (4) the term ``private settlement agreement'' means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil proceeding that the agreement settled; (5) the term ``prospective relief'' means all relief other than compensatory monetary damages; (6) the term ``special master'' means any person appointed by a Federal court pursuant to Rule 53 of the Federal Rules of Civil Procedure or pursuant to any inherent power of the court to exercise the powers of a master, regardless of the title or description given by the court; and (7) the term ``relief'' means all relief in any form that may be granted or approved by the court, and includes consent decrees but does not include private settlement agreements.

Restoring Authority to Schools Act of 2004 - Requires prospective relief in any civil action for violations of Federal law in public schools to be narrowly drawn, to extend no further than necessary, and to reflect the least intrusive means necessary to correct the violation. Requires the court to give substantial weight to any adverse impact on other students or the school community caused by such relief. Prohibits the court from ordering prospective relief that requires or permits government officials to exceed their authority under State or local law or otherwise violates such law unless Federal law so requires, the relief is necessary, and no other relief will correct the violation. Authorizes the court to enter a temporary restraining order or an order for preliminary injunctive relief with respect to violations of Federal law in public schools to the extent otherwise authorized by law if the order complies with the limitations on prospective relief set forth in this Act. Requires the termination of prospective relief upon the motion of any party or intervener at specified times. Entitles defendants or interveners to the immediate termination of such relief if it was approved or granted in the absence of a finding that the limitations set forth in this Act were met. Prohibits the court from entering or approving a consent decree absent compliance with such limitations. Sets forth procedures for motions affecting prospective relief. Authorizes the court to appoint a special master in those civil actions addressed by this Act.

A bill entitled the "Restoring Authority to Schools Act of 2004".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Date Certain Tax Code Replacement Act''. SEC. 2. PURPOSE. The purpose of this Act is to set a date certain for replacing the Internal Revenue Code of 1986 with a simple and fair alternative. SEC. 3. TERMINATION OF INTERNAL REVENUE CODE OF 1986. (a) In General.--No tax shall be imposed by the Internal Revenue Code of 1986-- (1) for any taxable year beginning after December 31, 2004; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2004. (b) Exception.--Subsection (a) shall not apply to taxes imposed by-- (1) chapter 2 of such Code (relating to tax on self- employment income); (2) chapter 21 of such Code (relating to Federal Insurance Contributions Act); and (3) chapter 22 of such Code (relating to Railroad Retirement Tax Act). SEC. 4. NATIONAL COMMISSION ON TAX REFORM AND SIMPLIFICATION. (a) Findings.--The Congress finds the following: (1) The Internal Revenue Code of 1986 is overly complex, imposes significant burdens on individuals and businesses and the economy, is extremely difficult for the Internal Revenue Service to administer, and is in need of fundamental reform and simplification. (2) Many of the problems encountered by taxpayers in dealing with the Internal Revenue Service could be eliminated or alleviated by fundamental reform and simplification. (3) The Federal Government's present fiscal outlook for continuing and sustained budget surpluses provides a unique opportunity for the Congress to consider measures for fundamental reform and simplification of the tax laws. (4) Recent efforts to simplify or reform the tax laws have not been successful due in part to the difficulty of developing broad-based, nonpartisan support for proposals to make such changes. (5) Many of the problems with the Internal Revenue Service stem from the overly complex tax code the agency is asked to administer. (b) Establishment.-- (1) In general.--To carry out the purposes of this section, there is established within the legislative branch a National Commission on Tax Reform and Simplification (in this section referred to as the ``Commission''). (2) Composition.--The Commission shall be composed of 15 members, as follows: (A) Three members appointed by the President, two from the executive branch of the Government and one from private life. (B) Four members appointed by the majority leader of the Senate, one from Members of the Senate and three from private life. (C) Two members appointed by the minority leader of the Senate, one from Members of the Senate and one from private life. (D) Four members appointed by the Speaker of the House of Representatives, one from Members of the House and three from private life. (E) Two members appointed by the minority leader of the House of Representatives, one from Members of the House and one from private life. (3) Chair.--The Commission shall elect a Chair (or two Co- Chairs) from among its members. (4) Meetings, quorums, vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chair (Co-Chairs, if elected) or a majority of its members. Nine members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any meeting of the Commission or any subcommittee thereof may be held in executive session to the extent that the Chair (Co-Chairs, if elected) or a majority of the members of the Commission or subcommittee determine appropriate. (5) Continuation of membership.--If-- (A) any individual who appointed a member to the Commission by virtue of holding a position described in paragraph (2) ceases to hold such position before the report of the Commission is submitted under subsection (g); or (B) a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, or was appointed to the Commission because the member was not an officer or employee of any government and later becomes an officer or employee of a government, that member may continue as a member for not longer than the 30-day period beginning on the date that such individual ceases to hold such position or such member ceases to be a Member of Congress or becomes such an officer or employee, as the case may be. (6) Appointment; initial meeting.-- (A) Appointment.--It is the sense of the Congress that members of the Commission should be appointed not more than 60 days after the date of the enactment of this Act. (B) Initial meeting.--If, after 60 days from the date of the enactment of this Act, eight or more members of the Commission have been appointed, members who have been appointed may meet and select the Chair (or Co-Chairs) who thereafter shall have the authority to begin the operations of the Commission, including the hiring of staff. (c) Functions of the Commission.-- (1) In general.--The functions of the Commission shall be-- (A) to conduct, for a period of not to exceed 18 months from the date of its first meeting, the review described in paragraph (2); and (B) to submit to the Congress a report of the results of such review, including recommendations for fundamental reform and simplification of the Internal Revenue Code of 1986, as described in subsection (g). (2) Review.--The Commission shall review-- (A) the present structure and provisions of the Internal Revenue Code of 1986, especially with respect to-- (i) its impact on the economy (including the impact on savings, capital formation and capital investment); (ii) its impact on families and the workforce (including issues relating to distribution of tax burden); (iii) the compliance cost to taxpayers; and (iv) the ability of the Internal Revenue Service to administer such provisions; (B) whether tax systems imposed under the laws of other countries could provide more efficient and fair methods of funding the revenue requirements of the government; (C) whether the income tax should be replaced with a tax imposed in a different manner or on a different base; and (D) whether the Internal Revenue Code of 1986 can be simplified, absent wholesale restructuring or replacement thereof. (d) Powers of the Commission.-- (1) In general.--The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this section, hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths, as the Commission or such designated subcommittee or designated member may deem advisable. (2) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section. (3) Assistance from federal agencies and offices.-- (A) Information.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, as well as from any committee or other office of the legislative branch, such information, suggestions, estimates, and statistics as it requires for the purposes of its review and report. Each such department, bureau, agency, board, commission, office, establishment, instrumentality, or committee shall, to the extent not prohibited by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chair (Co-Chairs, if elected). (B) Treasury department.--The Secretary of the Treasury is authorized on a nonreimbursable basis to provide the Commission with administrative services, funds, facilities, staff, and other support services for the performance of the Commission's functions. (C) General services administration.--The Administrator of General Services shall provide to the Commission on a nonreimbursable basis such administrative support services as the Commission may request. (D) Joint committee on taxation.--The staff of the Joint Committee on Taxation is authorized on a nonreimbursable basis to provide the Commission with such legal, economic, or policy analysis, including revenue estimates, as the Commission may request. (E) Other assistance.--In addition to the assistance set forth in subparagraphs (A), (B), (C), and (D), departments and agencies of the United States are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may deem advisable and as may be authorized by law. (5) 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. (6) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property in carrying out its duties under this section. (e) Staff of the Commission.-- (1) In general.--The Chair (Co-Chairs, if elected), in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III or chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (2) Consultant services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (f) Compensation and Travel Expenses.-- (1) Compensation.-- (A) In general.--Except as provided in subparagraph (B), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (B) Exception.--Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay on account of their service on the Commission. (2) Travel expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (g) Report of the Commission; Termination.-- (1) Report.--Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. The report of the Commission shall describe the results of its review (as described in subsection (c)(2)), shall make such recommendations for fundamental reform and simplification of the Internal Revenue Code of 1986 as the Commission considers appropriate, and shall describe the expected impact of such recommendations on the economy and progressivity and general administrability of the tax laws. (2) Termination.-- (A) In general.--The Commission, and all the authorities of this section, shall terminate on the date which is 90 days after the date on which the report is required to be submitted under paragraph (1). (B) Concluding activities.--The Commission may use the 90-day period referred to in subparagraph (A) for the purposes of concluding its activities, including providing testimony to committees of Congress concerning its report and disseminating that report. (h) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary for the activities of the Commission. Until such time as funds are specifically appropriated for such activities, $2,000,000 shall be available from fiscal year 2001 funds appropriated to the Treasury Department, ``Departmental Offices'' account, for the activities of the Commission, to remain available until expended. SEC. 5. TIMING OF IMPLEMENTATION. In order to ensure an easy transition and effective implementation, the Congress hereby declares that any new Federal tax system shall be approved by Congress in its final form no later than July 4, 2004. If a new Federal tax system is not so approved by July 4, 2004, then Congress shall be required to vote to reauthorize the Internal Revenue Code of 1986. Passed the House of Representatives April 13, 2000. Attest: JEFF TRANDAHL, Clerk. By Martha C. Morrison, Deputy Clerk.

Establishes the National Commission on Tax Reform and Simplification to review: (1) the present structure and provisions of the Code; (2) whether the tax systems of other countries could provide more efficient and fair methods of funding government revenue requirements; (3) whether the income tax should be replaced with a tax imposed in a different manner or on a different base; and (4) whether the Code can be simplified, absent wholesale restructuring or replacement. Requires a Commission report to Congress on review results, with recommendations for Code reform and simplification. Terminates the Commission 90 days after such report.Authorizes appropriations (with interim funding).Declares that any new Federal tax system should be approved by Congress in its final form before July 4, 2004, and, if not, Congress should be required to vote to reauthorize the Code.

Date Certain Tax Code Replacement Act

SECTION 1. DECLARATION OF POLICY. It is the policy of the United States to end the needless maiming and suffering inflicted upon animals through the use of leghold traps by prohibiting the import or export of, and the shipment in interstate commerce of, such traps and of articles of fur from animals that were trapped in such traps. SEC. 2. DEFINITIONS. In this Act: (1) Article of fur.--The term ``article of fur'' means-- (A) any furskin, whether raw or tanned or dressed; or (B) any article, however produced, that consists in whole or part of any furskin. For purposes of subparagraph (A), the terms ``furskin'', ``raw'', and ``tanned or dressed'' have the same respective meanings as those terms have under headnote 1 of chapter 43 of the Harmonized Tariff Schedule of the United States. (2) Customs laws of the united states.--The term ``customs laws of the United States'' means any law enforced or administered by the Customs Service of the United States. (3) Interstate commerce.--The term ``interstate commerce'' has the same meaning given such term in section 10 of title 18, United States Code. (4) Import.--The term ``import'' means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an entry into the customs territory of the United States. (5) Person.--The term ``person'' includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Conventional steel-jawed leghold trap.--The term ``conventional steel-jawed leghold trap'' means any spring- powered pan- or sear-activated device with two opposing steel- jaws, whether the jaws are smooth, toothed, padded, or offset, designed to capture an animal by snapping closed upon the animal's limb or part thereof. SEC. 3. PROHIBITED ACTS AND PENALTIES. (a) Offenses.--It is unlawful for any person knowingly-- (1) to import, export, ship, or receive in interstate commerce an article of fur if any part of the article of fur is derived from an animal that was trapped in a conventional steel-jawed leghold trap; (2) to import, export, deliver, carry, transport, or ship, by any means whatever, in interstate commerce, any conventional steel-jawed leghold trap; or (3) to sell, receive, acquire, or purchase any conventional steel-jawed leghold trap that was delivered, carried, transported, or shipped in violation of paragraph (2). (b) Penalties.--A person who violates subsection (a), in addition to any other penalty that may be imposed-- (1) for the first such violation, shall be guilty of an infraction punishable under title 18, United States Code; and (2) for each subsequent violation, shall be imprisoned not more than 2 years, fined under title 18, United States Code, or both. SEC. 4. REWARDS. The Secretary shall pay, to any person who furnishes information which leads to a conviction of a violation of any provision of this Act or any regulation issued thereunder, an amount equal to one-half of the fine paid pursuant to the conviction. Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his or her official duties is not eligible for payment under this section. SEC. 5. ENFORCEMENT. (a) In General.--Except with respect to violations of this Act to which subsection (b) applies, the provisions of this Act and any regulations issued pursuant thereto shall be enforced by the Secretary, who may use by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency or of any State agency for purposes of enforcing this Act. (b) Export and Import Violations.-- (1) Import violations.--The importation of articles in violation of section 3 shall be treated as a violation of the customs laws of the United States, and the provisions of law relating to violations of the customs laws shall apply thereto. (2) Export violations.--The provisions of the Export Administration Act of 1979 (including the penalty provisions) (50 U.S.C. App. 2401 et seq.) shall apply for purposes of enforcing the prohibition relating to the export of articles described in section 3. (c) Judicial Process.--The district courts of the United States may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and any regulation issued thereunder. (d) Enforcement Authorities.--Any individual having authority to enforce this Act (except with respect to violations to which subsection (b) applies), may, in exercising such authority-- (1) detain for inspection, search, and seizure any package, crate, or other container, including its contents, and all accompanying documents, if such individual has reasonable cause to suspect that in such package, crate, or other container are articles with respect to which a violation of this Act (except with respect to violations to which subsection (b) applies) has occurred, is occurring, or is about to occur; (2) make arrests without a warrant for any violation of this Act (except with respect to violations to which subsection (b) applies) committed in the individual's presence or view or if the individual has probable cause to believe that the person to be arrested has committed or is committing such a violation; and (3) execute and serve any arrest warrant, search warrant, or other warrant or criminal process issued by any judge or magistrate of any court of competent jurisdiction for enforcement of this Act (except with respect to violations to which subsection (b) applies). (e) Forfeiture.-- (1) In general.--Except as provided in paragraph (3), any article of fur or conventional steel-jawed leghold trap taken, possessed, sold, purchased, offered for sale or purchase, transported, delivered, received, carried, or shipped in violation of this Act shall be subject to forfeiture to the United States. (2) Applicable law.--The provisions of law relating to-- (A) the seizure, summary and judicial forfeiture, and condemnation of property for violations of the customs laws, (B) the disposition of such property or the proceeds from the sale thereof, (C) the remission or mitigation of such forfeitures, and (D) the compromise of claims, shall apply to seizures and forfeitures under this subsection, except that the duties performed by a customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws of the United States may be performed with respect to seizures and forfeitures of property under this subsection by the Secretary or such officers and employees as the Secretary may designate. (3) Exception.--The provisions of the Export Administration Act of 1979 shall apply with respect to the seizure and forfeiture of any article of fur or conventional steel-jawed leghold trap exported in violation of this Act, and the customs laws of the United States shall apply with respect to the seizure and forfeiture of any such article or trap imported in violation of this Act. (f) Injunctions.--The Attorney General of the United States may seek to enjoin any person who is alleged to be in violation of any provision of this Act. (g) Cooperation.--The Secretary of Commerce, the Secretary of the Treasury, and the head of any other department or agency with enforcement responsibilities under this Act shall cooperate with the Secretary in ensuring that this Act is enforced in the most effective and efficient manner. SEC. 6. REGULATIONS. The Secretary shall prescribe such regulations as are necessary to carry out this Act. SEC. 7. EFFECTIVE DATE. This Act shall take effect on the date that is 1 year after the date of enactment.

Prohibits the import, export, or shipment in interstate commerce of conventional steel-jawed leghold traps and of articles of fur derived from animals trapped in such traps. Prescribes criminal penalties for violations of this Act. Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture. Applies the Export Administration Act of 1979 or the customs laws, respectively, to the seizure and forfeiture of articles or traps exported or imported in violation of this Act.

A bill to end the use of conventional steel-jawed leghold traps on animals in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chesapeake Bay State and Local Backstop Limitation Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Chesapeake bay state.--The term ``Chesapeake Bay State'' means any one of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, or West Virginia, or the District of Columbia. (3) 2010 chesapeake bay tmdl.--The term ``2010 Chesapeake Bay TMDL'' means the total maximum daily load for nitrogen, phosphorus, and sediment for the Chesapeake Bay and its tidal tributaries established by the Administrator on December 29, 2010, and noticed at 76 Fed. Reg. 549 (January 5, 2011). SEC. 3. LIMITATIONS ON ADMINISTRATOR REGARDING CERTAIN ACTIONS IN THE CHESAPEAKE BAY WATERSHED. (a) Existing Permits.--In the case of a point source in the Chesapeake Bay watershed for which the Administrator (or a State) has issued a permit under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) before the date of enactment of this Act, the Administrator may not modify the permit to require additional reductions in discharges of nitrogen, phosphorus, or sediment. (b) New Permits and Permit Renewals.--In the case of a point source in the Chesapeake Bay watershed for which the Administrator requires a permit to be issued or renewed under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) on or after the date of enactment of this Act, the Administrator, for purposes of compensating for any lack of progress in the State toward meeting the water quality goals established for the State in the 2010 Chesapeake Bay TMDL, may not require under such permit lower levels of discharges of nitrogen, phosphorus, and sediment from such point source than would otherwise be required if sufficient progress toward meeting such goals was being made. (c) Stormwater.-- (1) Industrial activity.--For purposes of application in the Chesapeake Bay watershed, the Administrator may not revise the definition of ``storm water discharge associated with industrial activity'' contained in section 122.26 of title 40, Code of Federal Regulations, as in effect on the date of enactment of this Act. (2) Limitation on new permits.--The Administrator may not require a permit under section 402(p)(2)(E) of the Federal Water Pollution Control Act (33 U.S.C. 1342(p)(2)(E)) for a discharge of stormwater in the Chesapeake Bay watershed, from a municipal separate storm sewer system or associated with an industrial activity, for which a permit has not been issued under section 402(p) of such Act (33 U.S.C. 1342(p)) before the date of enactment of this Act. (d) Animal Feeding Operations.--For purposes of application in the Chesapeake Bay watershed, the Administrator may not revise the definition of ``concentrated animal feeding operation'' contained in section 122.23 of title 40, Code of Federal Regulations, as in effect on the date of enactment of this Act. (e) 2010 Chesapeake Bay TMDL.--Before the date on which all of the nitrogen, phosphorus, and sediment total maximum daily loads established in the 2010 Chesapeake Bay TMDL are met, the Administrator may not-- (1) revise the 2010 Chesapeake Bay TMDL-- (A) to establish more specific or finer scale wasteload or load allocations, including for nonpoint sources or any individual point source; or (B) to require additional reductions in loadings from point sources, including through reallocating additional load reductions of nitrogen, phosphorus, or sediment from nonpoint sources to point sources; or (2) issue or enforce any regulations regarding nitrogen, phosphorus, or sediment for any navigable waters within the Chesapeake Bay watershed in a Chesapeake Bay State, other than the 2010 Chesapeake Bay TMDL, unless the chief executive of the State submits to the Administrator a statement of approval of the regulation. SEC. 4. TREATMENT OF GRANTS. The Administrator or the Secretary of Agriculture may not condition, withhold, or redirect any grant related to water quality in a Chesapeake Bay State under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or the Food Security Act of 1985 (16 U.S.C. 3801 et seq.), respectively, because the Chesapeake Bay State does not meet the water quality goals established for the State in the 2010 Chesapeake Bay TMDL, unless-- (1) the Administrator or the Secretary, as applicable, has offered technical assistance to the State to assist the State in meeting such water quality goals; and (2) after allowing for sufficient time for the State to benefit from such technical assistance, the State has failed to show reasonable progress toward achieving such water quality goals, as determined by the Administrator or the Secretary, as applicable.

Chesapeake Bay State and Local Backstop Limitation Act of 2012 - Prohibits the Administrator of the Environmental Protection Agency (EPA) from: (1) modifying a permit issued under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) before this Act's enactment for a point source in the Chesapeake Bay watershed to require additional reductions in discharges of nitrogen, phosphorus, or sediment; or (2) requiring lower levels of discharges of such pollutants under a national pollutant discharge elimination system (NPDES) permit for a point source in such watershed for purposes of compensating for any lack of progress in a state toward meeting the water quality goals established by the 2010 Chesapeake Bay TMDL (total maximum daily load). Prohibits the Administrator from revising, for purposes of application in such watershed, the definitions of: (1) "storm water discharge associated with industrial activity" in regulations concerning storm water discharges in the EPA administered NPDES program, and (2) "concentrated animal feeding operation" in regulations concerning the EPA administered NPDES program. Prohibits the Administrator from requiring a permit under the NPDES program for a discharge of stormwater in such watershed, either from a municipal separate storm sewer system or associated with an industrial activity, for which a permit has not been issued before this Act's enactment. Prohibits the Administrator, before the date on which all of the nitrogen, phosphorus, and sediment TMDLs established in the 2010 Chesapeake Bay TMDL are met, from: (1) revising the 2010 Chesapeake Bay TMDL to establish more specific or finer scale waste load or load allocations and requiring additional reductions in loadings from point sources; or (2) issuing or enforcing regulations regarding such pollutants for any navigable waters within such watershed in Chesapeake Bay states (Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, or the District of Columbia), other than the 2010 Chesapeake Bay TMDL, unless the chief executive of a Bay state approves of such regulation. Prohibits the Administrator and the Secretary of Agriculture from conditioning, withholding, or redirecting grants related to water quality in Bay states under the Clean Water Act or the Food Security Act of 1985 because Bay states do not meet the water quality goals established for them in the 2010 Chesapeake Bay TMDL, unless the Administrator or the Secretary has offered technical assistance in meeting such goals and the Bay state has failed to show reasonable progress in meeting such goals after a sufficient amount of time.

To limit the authority of the Administrator of the Environmental Protection Agency to implement certain actions related to Chesapeake Bay watershed total maximum daily loads, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chemical Safety Information and Site Security Act of 1999''. SEC. 2. PUBLIC AVAILABILITY OF ANALYSIS. (a) Definitions.-- (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Risk management plan.--The term ``risk management plan'' means a risk management plan submitted by an owner or operator of a stationary source pursuant to section 112(r)(7)(B) of the Clean Air Act. (3) Off-site consequence analysis information.--The term ``off-site consequence analysis information'' means those portions of a risk management plan, excluding the executive summary of such plan, consisting of an evaluation of one or more worst-case scenario or alternative scenario accidental releases of extremely hazardous substances listed pursuant to section 112(r)(3) of the Clean Air Act. (4) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and Indian tribes as defined in section 102(2) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a(2)). (b) Exemption From Freedom of Information Act.--Off-site consequence analysis information or information derived therefrom, shall not be made available under section 552 of title 5, United States Code. Nothing in this section shall affect the obligation of the Administrator under section 112(r)(7)(B)(iii) of the Clean Air Act to make available off-site consequence analysis information, or information derived therefrom, except as provided in subsection (c) of this section. (c) Distribution of Off-Site Consequence Analysis Information.-- (1) No officer or employee of the United States shall make available in an electronic form off-site consequence analysis information except as provided in paragraphs (2), (6), and (7) of this subsection and subsection (e) of this section. (2) The Administrator may make available in an electronic form off-site consequence analysis information to a State or local government officer or employee only for official use. (3)(A) In response to any request for off-site consequence analysis information, including a request for risk management plans, the Administrator shall provide a copy of off-site consequence analysis information, but only in paper form. The conditions under which it shall be made available, including, but not limited to, the maximum number of requests any single requester can make, and the maximum number of stationary sources for which off-site consequence analysis information may be made available in response to any single request, shall be determined by the Administrator in implementing guidance, pursuant to subsection (d)(1) of this section. An officer or employee of the United States may not otherwise distribute off- site consequence analysis information in paper form, except as provided in paragraphs (4) and (6) of this subsection, and subsection (e) of this section. (B) Consistent with this paragraph, the Administrator shall promptly respond to off-site consequence analysis information requests. The Administrator may levy a fee applicable to processing requests that recovers the Administrator's cost of processing such requests and reproducing such information in paper form. (4) At the request of a State or local government officer acting in his or her official capacity, the Administrator may provide to such officer in paper form, only for official use, the off-site consequence analysis information submitted for the stationary sources located in the State in which the State or local government officer serves. (5) Notwithstanding any provision of State or local law, and except as provided in subsection (e)(2) of this section, an officer or employee of a State or local government may make off-site consequence analysis information available only to the extent officers or employees of the United States would be permitted to make such information available, consistent with the guidance and any regulations issued pursuant to this section, except that a State or local government officer or employee may only make available such information that concerns stationary sources located in the State in which the officer or employee serves. (6) The Administrator shall ensure that every risk management plan submitted to the Environmental Protection Agency is available in paper or electronic form for public inspection, but not copying, during normal business hours, including in Government Printing Office depository libraries. For purposes of this paragraph, the Administrator may make risk management plans available in electronic form only if the electronic form does not provide an electronic means of ranking stationary sources based on off-site consequence analysis information. The Government Printing Office shall assist the Administrator in implementing this paragraph. There are authorized to be appropriated to the Administrator and to the Government Printing Office such sums as may be necessary, to be available until expended, to carry out this paragraph. (7) After consulting with other appropriate Federal agencies, the Administrator may make off-site consequence analysis information available to the public in an electronic form that does not include information concerning the identity or the location of the stationary sources for which the information was submitted. No other officer or employee of the United States, nor any officer or employee of a State or local government, may make off-site consequence analysis information available to the public in such form except as authorized by the Administrator. (8) Any officer or employee of the United States, or any officer or employee of a State or local government, who knowingly violates a restriction or prohibition established by this subsection shall be fined under section 3571 of title 18, United States Code, imprisoned for not more than one year, or both. (9) The Administrator may collect and maintain records that reflect the identity of individuals and persons seeking access to information under this section only to the extent that such collection and maintenance is relevant and necessary to accomplish a legal purpose of the Environmental Protection Agency that is required to be accomplished by statute or by executive order of the President. Any such records shall be subject to section 552a of title 5, United States Code. An officer or employee of a State or local government may collect and maintain records identifying individuals and persons seeking access to information under this section only to the extent that such collection and maintenance is relevant and necessary to accomplish a legal purpose of their employing agency that is required to be accomplished by State statute. (d) Implementing Guidance and Additional Authorities.-- (1) Within 60 days of the enactment of this provision, the Administrator shall issue guidance setting forth procedures and methods for making off-site consequence analysis information available to the public consistent with the provisions of this section. The Administrator shall consult with other appropriate Federal agencies in developing the guidance. The Administrator may revise such guidance, as circumstances warrant, in consultation with the appropriate Federal agencies. Guidance issued pursuant to this subsection, and any revision thereof, shall not be subject to judicial review. The Administrator may issue regulations in place of such guidance to the extent the Administrator deems appropriate. (2) The Administrator is authorized to prescribe such regulations as are necessary to carry out the Administrator's functions under this section. The Administrator may delegate to any officer or employee of the Environmental Protection Agency such of the Administrator's powers or duties under this section as the Administrator may deem necessary or expedient. Regulations issued pursuant to this subsection shall be subject to judicial review to the same extent and in the same manner as regulations issued pursuant to section 112(r)(7) of the Clean Air Act. (e) Agents and Contractors.-- (1) An officer or employee of the United States may make off-site consequence analysis information available in any form to officers and employees of agents and contractors of a Federal Government office only for official use. For purposes of this section, such officers and employees of agents and contractors shall be treated as officers and employees of the United States and shall be subject to the same restrictions and sanctions as apply to officers and employees of the United States under this section. (2) An officer or employee of a State or local government may make off-site consequence analysis information available in any form to officers and employees of agents and contractors of the State or local government only for official use. For purposes of this section, such officers and employees of agents and contractors shall be treated as officers and employees of the State or local government and shall be subject to the same restrictions and sanctions as apply to officers and employees of the State or local government under this section. (f) Order Authority.--The Administrator may exercise the authority provided under section 112(r)(9) of the Clean Air Act to withhold, or prevent the release of, off-site consequence analysis information when the Administrator determines that release of such information may present an imminent and substantial endangerment to human health or welfare or the environment. (g) Separability of Provisions.--If any provision of this section is held invalid, the remainder of this section shall not be affected thereby. SEC. 3. SITE SECURITY STUDY AND RECOMMENDATIONS. Subject to the availability of appropriations, the Attorney General, utilizing available data to the extent possible and in consultation with appropriate governmental agencies, affected industry, and the public, may review current industry practices regarding site security and the effectiveness of this Act. The Attorney General may periodically report to Congress regarding recommendations related to enhancing site security practices and the need for continued implementation or modification of this Act.

Chemical Safety Information and Site Security Act of 1999 - Prohibits off-site consequence analysis information (portions of risk management plans submitted by certain stationary sources under the Clean Air Act evaluating worst-case or alternative scenario accidental releases of extremely hazardous substances) from being available under Federal freedom of information provisions. Bars Federal employees from making such information available in an electronic form, except as otherwise provided by this Act. Authorizes the Administrator of the Environmental Protection Agency (EPA) to make such information available in an electronic form to State or local government employees for official use only. Directs the Administrator, in response to any request for such information, including requests for risk management plans, to provide such information but only in paper form. Permits the Administrator, at the request of a State or local government officer, to provide information submitted for the stationary sources in the State in which such officer serves for official use only. Allows State or local employees to make such information available to the same extent as Federal employees are so allowed. Requires the Administrator to ensure that all risk management plans are publicly available in paper or electronic form for inspection, but not copying, during normal business hours. Permits such plans to be available in electronic form only if such form does not provide an electronic means of ranking stationary sources based on off-site consequence analysis information. Authorizes appropriations. Permits the Administrator to make such information publicly available in an electronic form that excludes information concerning the identity or location of the sources for which the information was submitted. Prohibits Federal, State, or local government employees from making such information publicly available in such form except as authorized by the Administrator. Imposes criminal penalties on Federal, State, or local government employees who knowingly violate a restriction or prohibition established by this Act. Permits the Administrator to collect and maintain records that reflect the identity of persons seeking access to information under this Act only to the extent that such actions are relevant and necessary to accomplish an EPA purpose required to be accomplished by statute or executive order. Prescribes a parallel provision for records collected by State or local agencies. Permits off-site consequence analysis information to be available in any form for official use of Federal contractors. Makes contractors subject to the same restrictions and sanctions applicable to Federal employees under this Act. Sets forth parallel provisions regarding State and local government contractors. Authorizes the Administrator to withhold, or prevent the release of, off-site consequence analysis information if the release may present an imminent and substantial endangerment to human health or welfare or the environment. (Sec. 3) Permits the Attorney General, subject to the availability of appropriations, to review industry practices regarding site security and the effectiveness of this Act. Authorizes the Attorney General to submit periodic recommendations to Congress relating to the enhancement of site security practices and the need for continued implementation or modification of this Act.

Chemical Safety Information and Site Security Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadcast Ownership Reform Act of 1999''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The contemporary electronic mass media market provides consumers with abundant alternative sources of news, information and entertainment, including radio and television broadcast stations, cable television systems, and the Internet. (2) Due to the advent of digital technology, these alternative sources of electronic news, information and entertainment are converging as well as proliferating. (3) The simultaneous proliferation and convergence of electronic mass media renders technology-specific regulation obsolete. (4) The public interest demands that the Federal Communications Commission reexamine its technology-specific regulation of electronic mass media to assure that it retains its relevance in the face of the proliferation and convergence of electronic mass media. (5) Section 202(h) of the Telecommunications Act of 1996 recognized that there is a particular public interest need for the Federal Communications Commission to periodically and comprehensively reexamine its radio and television broadcast ownership rules, which predate the proliferation and convergence of alternative competing electronic sources of news, information and entertainment. (6) Although the Commission has reexamined and revised its broadcast duopoly and one-to-a-market ownership rules, it has not completed long-pending reexaminations of its national television station ownership restrictions or the newspaper- broadcast cross-ownership prohibition. (7) The Commission's failure to simultaneously resolve all its pending broadcast cross-ownership rules fails to recognize, as Congress did in enacting section 202(h), that the proliferation and convergence of alternative electronic media implicates the bases of the national television ownership rules and the newspaper broadcast cross-ownership rules no less than the bases of the local radio and television station ownership rules. (8) The Commission's failure to simultaneously resolve all its broadcast cross-ownership rules will affect all potential buyers and sellers of radio and television stations in the interim, because the current restrictions will prevent networks and newspaper publishers from engaging in station transactions to the extent they otherwise might. (9) The Commission's failure to simultaneously resolve its pending proceedings on the national television ownership and newspaper/broadcast cross-ownership restrictions is arbitrary and capricious, because it treats similarly-situated entities-- those bound by ownership rules that predate the advent of increased competition from alternative electronic media-- differently, without any consideration of, or reasoned analysis for, this disparate treatment. (10) The increase in the national television audience reach limitation to 35 percent mandated by section 202(c)(1)(B) of the Telecommunications Act of 1996 was not established as the maximum percentage compatible with the public interest. On the contrary, section 202(h) of that Act expressly directs the Commission to review biennially whether any of its broadcast ownership rules, including those adopted pursuant to section 202 of the Act, are necessary in the public interest as a result of competition. (11) The 35-percent national television audience reach limitation is unduly restrictive in light of competition. (12) The newspaper/broadcast cross-ownership restriction is unduly restrictive in light of competition. (13) The Commission's failure to resolve its pending proceedings on the national television ownership and newspaper/ broadcast cross-ownership restrictions simultaneously with its resolution of the proceedings on the duopoly and one-to-a- market rules does not serve the public interest. SEC. 3. INCREASE IN NATIONAL TELEVISION AUDIENCE REACH LIMITATION. (a) In General.--The Federal Communications Commission shall modify its rules for multiple ownership set forth in section 73.3555(e) of its regulations (47 C.F.R. 73.3555(e) by increasing the national audience reach limitation for television stations to 50 percent. (b) Further Increase.--The Commission may modify those rules to increase the limitation to a greater percentage than the 50 percent required by subsection (a) if it determines that the increase is in the public interest. SEC. 4. TERMINATION OF NEWSPAPER/BROADCAST CROSS-OWNERSHIP RULE. (a) In General.--The newspaper/broadcast cross-ownership rule under section 73.3555(d) of the Federal Communication Commission's regulations (47 C.F.R. 73.3555(d)) shall cease to be in effect after December 31, 1999, unless it is reinstated by the Commission under subsection (b) before January 1, 2000.

Broadcast Ownership Reform Act of 1999 - Directs the Federal Communications Commission (FCC) to modify its rules for multiple ownership of television (TV) broadcast stations to increase to 50 (currently 35) percent the national audience reach limitations for TV stations owned by the same entity or person. States that the FCC's newspaper-broadcast cross-ownership rule shall cease to be in effect after December 31, 1999, unless it is reinstated by the FCC before January 1, 2000.

Broadcast Ownership Reform Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shipping Relief for Agriculture Act of 1998''. SEC. 2. FINDINGS. The Congress finds the following: (1) Efficient, competitive, broadly available waterborne cargo transportation service is imperative to American agriculture and an essential component of a national intermodal transportation system, and such services should be promoted by the United States. (2) The cost of building ships in the United States is so uncompetitive with international shipbuilders that it is effectively prohibiting the growth and modernization of the Jones Act fleet. (3) The decline of ships of over 1,000 tons in the Jones Act fleet, and the resulting decrease in the number of seamen, represents a dimunition in emergency sealift capacity in times of national emergency. (4) In the last several decades, the size of the active United States domestic deepwater fleet has shrunk substantially, to a total today of only 118 self-propelled oceangoing vessels of over 1,000 tons and 59 vessels in the Great Lakes. No Jones Act bulk carriers operate on either coast of the United States. (5) The result has been shipping shortages, higher prices, and significant commercial transportation inefficiencies, all of which can be alleviated, without any cost to the taxpayer, by increasing competition in domestic deepwater shipping. (6) Such inefficiencies undermine the competitive position of a broad range of American businesses, particularly in potential domestic markets, versus their foreign competition. These shipping shortages and higher-than-market prices have led to the loss of American jobs to overseas competitors able to purchase transportation services on the international market. (7) Lack of access to adequate deepwater commercial waterborne transportation alternatives suppresses economic activity in an amount of between $4,200,000,000 and $10,000,000,000 annually and causes the loss of associated tax revenue, according to a study by the United States International Trade Commission. (8) Similarly, allowing domestic transportation service providers to purchase their vessels on the international market without penalty will lower their operating expenses, creating savings which they can pass on to their customers in the form of lower prices and improved efficiency. (9) Expansion of the Jones Act fleet will create more jobs for United States seamen and longshore workers. SEC. 3. LIMITATION ON APPLICATION OF COASTWISE TRADE RESTRICTION ON TRANSPORTATION OF CERTAIN AGRICULTURAL, BULK, OR FOREST PRODUCT CARGO BY FREIGHT VESSELS. (a) Amendment to the Merchant Marine Act, 1920.--Section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), is amended by inserting ``(a)'' after ``Sec. 27.'', and by adding at the end the following: ``(b)(1) Any requirement under this section that a vessel must be constructed in the United States shall not apply with respect to deepwater transportation of qualified cargo by a freight vessel, if the vessel-- ``(A) is documented under the laws of the United States; ``(B) is owned by persons who are citizens of the United States; and ``(C) otherwise complies with this section with respect to that transportation. ``(2) In this subsection-- ``(A) the term `deepwater transportation' means any combination of-- ``(i) transportation outside the Boundary Line; ``(ii) transportation on the Great Lakes; and ``(iii) such transportation inside the Boundary Line as is necessary to enter or depart from a port in the United States; ``(B) the term `qualified cargo' means noncontainerized, nonliquid merchandise that is agricultural cargo, bulk cargo, or forest products; ``(C) the term `agricultural cargo' includes grains, livestock, fertilizer, seed, and other bulk agricultural inputs; ``(D) each of the terms `bulk cargo' and `forest products' has the meaning that term has under section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)); and ``(E) each of the terms `Boundary Line' and `freight vessel' has the meaning that term has under section 2101 of title 46, United States Code.''. (b) Amendment to Title 46, United States Code.--Section 12106 of title 46, United States Code, is amended by adding at the end the following: ``(f)(1) Notwithstanding subsection (a)(2), a certificate of documentation for a freight vessel that was not built in the United States may be endorsed with a coastwise endorsement under this subsection if the vessel-- ``(A) is eligible for documentation; and ``(B) otherwise qualifies under the laws of the United States to be employed in coastwise trade authorized by the endorsement. ``(2) Coastwise trade authorized by a coastwise endorsement under this subsection shall consist solely of deepwater transportation of qualified cargo (as those terms are defined in section 27(b)(2)).''.

Shipping Relief for Agriculture Act of 1998 - Amends Merchant Marine Act, 1920 provisions concerning transportation of merchandise between points in the United States in other than domestic or rebuilt and documented vessels to remove the restriction that a vessel must be constructed in the United States in order to engage in deepwater transportation of agricultural cargo, bulk cargo, and forest products, if the vessel: (1) is documented under U.S. laws; (2) is owned by U.S. citizens; and (3) otherwise meets the requirements of such provisions. Amends other Federal law concerning the endorsement of a certificate of documentation with a coastwise endorsement to permit a freight vessel that was not built in the United States to be endorsed with a coastwise endorsement if the vessel is eligible for documentation and is otherwise qualified, but only with respect to the deepwater transportation of the types of cargo listed above.

Shipping Relief for Agriculture Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Baby Act of 1993''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. Section 215(a) of the Social Security Act is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraph (F) of this paragraph), the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the excess under former law, by ``(ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: ``If the individual becomes eligible for The applicable such benefits in: percentage is: 1979............................... 60 percent 1980............................... 35 percent 1981............................... 30 percent 1982............................... 25 percent 1983............................... 10 percent. ``(C) For purposes of subparagraph (B), the term `excess under former law' means, in the case of any individual, the excess of-- ``(i) the applicable former law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable former law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph.''. SEC. 3. EFFECTIVE DATE AND RELATED RULES. (a) Applicability of Amendments.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (2) Prospective applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before January 1994. (b) Recomputation to Reflect Benefit Increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for December 1987, if such benefits are based on a primary insurance amount computed-- (1) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (2) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Secretary of Health and Human Services (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act.

Notch Baby Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to alter the formula for computing the primary insurance amount of individuals who attain age 65 in or after 1982 and are subject to the benefit computation rules of the Social Security Amendments of 1977.

Notch Baby Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tax-breaks for Oil Profiteering Act'' or the ``STOP Act''. SEC. 2. CAPITAL GAIN OR LOSS FROM SALE OR EXCHANGE OF OIL OR NATURAL GAS AND RELATED COMMODITIES TREATED AS SHORT-TERM CAPITAL GAIN OR LOSS. (a) Gain or Loss on Applicable Commodities.-- (1) In general.--Part IV of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to special rules for determining capital gains and losses) is amended by adding at the end the following new section: ``SEC. 1261. CAPITAL GAIN OR LOSS FROM SALE OR EXCHANGE OF OIL OR NATURAL GAS AND RELATED COMMODITIES TREATED AS SHORT-TERM CAPITAL GAIN OR LOSS. ``(a) General Rule.--If a taxpayer has gain or loss from the sale or exchange of any applicable commodity which, without regard to this section, would be treated as long-term capital gain or loss, such gain or loss shall, notwithstanding any other provision of this title, be treated as short-term capital gain or loss. ``(b) Applicable Commodity.--For purposes of this section-- ``(1) In general.--The term `applicable commodity' means-- ``(A) oil or natural gas (or any primary product of oil or natural gas) which is actively traded (within the meaning of section 1092(d)(1)), ``(B) a specified index (within the meaning of section 1221(b)(1)(B)(ii)) a substantial portion of which is, as of the date the taxpayer acquires its position with respect to such specified index, based on 1 or more commodities described in subparagraph (A), ``(C) any notional principal contract with respect to any commodity described in subparagraph (A) or (B), and ``(D) any evidence of an interest in, or a derivative instrument in, any commodity described in subparagraph (A), (B), or (C), including any option, forward contract, futures contract, short position, and any similar instrument in such a commodity. ``(2) Exception for certain section 1256 contracts.--Such term shall not include a section 1256 contract (as defined in section 1256(b)) which is required to be marked to market under section 1256(a). ``(c) Special Rule for Certain Partnership Interests.--For purposes of this section, if a taxpayer recognizes gain or loss on the sale or exchange of any interest in a partnership, the portion of such gain or loss which is attributable to unrecognized gain or loss with respect to 1 or more applicable commodities shall be treated as short-term capital gain or loss. The preceding sentence shall not apply if the taxpayer is otherwise required to treat such portion of gain or loss as ordinary income or loss. ``(d) Application.--This section shall apply to any applicable commodity acquired after August 31, 2009, and before January 1, 2014.''. (2) Conforming amendments.-- (A) Section 1222 of such Code is amended by striking the last sentence thereof. (B) The table of sections for part IV of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1261. Capital gain or loss from sale or exchange of oil or natural gas and related commodities treated as short-term capital gain or loss.''. (b) Application to Section 1256 Contracts.-- (1) In general.--Section 1256(f) of the Internal Revenue Code of 1986 (relating to special rules) is amended by adding at the end the following new paragraph: ``(6) Special rules for certain commodity contracts.-- ``(A) All gain or loss from commodity contracts treated as short-term gain or loss.--In the case of a section 1256 contract which is an applicable commodity, subsection (a)(3) shall be applied to any gain or loss with respect to such contract-- ``(i) by substituting `100 percent' for `40 percent' in subparagraph (A) thereof, and ``(ii) without regard to subparagraph (B) thereof. ``(B) Treatment of mixed straddles.--A taxpayer may not make an election under subsection (d), or an election under the regulations prescribed pursuant to section 1092(b)(2), with respect to any mixed straddle if any position forming a part of such straddle is a section 1256 contract which is an applicable commodity. For purposes of this subparagraph, if any section 1256 contract which is part of a straddle is an applicable commodity, any other section 1256 contract which is part of such straddle shall be treated as an applicable commodity. ``(C) Applicable commodity.--For purposes of this paragraph, the term `applicable commodity' has the meaning given such term by section 1261(b), except that such section shall be applied without regard to paragraph (2) thereof. ``(D) Application.--This paragraph shall apply to any applicable commodity acquired after August 31, 2009, and before January 1, 2014.''. (2) Special rule for loss carrybacks.--Section 1212(c) of such Code (relating to carryback of losses from section 1256 contracts to offset prior gains from such contracts) is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Special rule for losses all of which are treated as short-term.--If any portion of the net section 1256 contracts loss for any taxable year is attributable to a net loss from contracts to which section 1256(f)(6) applies-- ``(A) this subsection shall be applied first to such portion of such net section 1256 contracts loss and then to the remainder of such loss, and ``(B) in applying this subsection to such portion-- ``(i) notwithstanding paragraph (1)(B), all of the loss attributable to such portion and allowed as a carryback shall be treated as a short-term capital loss, and ``(ii) notwithstanding paragraph (6)(A), all of the loss attributable to such portion and allowed as a carryback shall be treated for purposes of applying paragraph (6) as a short- term capital gain for the loss year.''. (c) Effective Date.--The amendments made by this section shall apply to applicable commodities acquired after August 31, 2009, in taxable years ending after such date. SEC. 3. GAINS AND LOSSES FROM OIL AND NATURAL GAS AND RELATED COMMODITIES TREATED AS UNRELATED BUSINESS TAXABLE INCOME. (a) In General.--Section 512(b) of the Internal Revenue Code of 1986 (relating to modifications to unrelated business taxable income) is amended by adding at the end the following new paragraph: ``(20) Treatment of gains or losses from commodities.-- ``(A) In general.--Notwithstanding paragraph (5) or any other provision of this part-- ``(i) income, gain, or loss of an organization with respect to any applicable commodity shall not be excluded but shall be taken into account as income, gain, or loss from an unrelated trade or business, and ``(ii) all deductions directly connected with such income or gain shall be allowed. ``(B) Exception for ordinary income and losses.-- Subparagraph (A) shall not apply to any income, gain, or loss of an organization which, if not excluded under this title and without regard to subparagraph (A), would be treated as ordinary income or loss. ``(C) Look-thru in the case of foreign corporations.-- ``(i) In general.--If an organization owns directly or indirectly stock in a foreign corporation, the organization's pro rata share of any income, gain, or loss of such corporation (and any deductions directly connected with such income or gain) with respect to 1 or more applicable commodities shall be taken into account under subparagraph (A) in the same manner as if such commodities were held directly by the organization. Any such item shall be taken into account for the taxable year of the organization in which the item arises without regard to whether there was an actual distribution to the organization with respect to the item. For purposes of this clause, the rule under section 1261(c) shall apply in determining the income, gain, or loss of the foreign corporation with respect to applicable commodities. ``(ii) Sale of interests in corporation.-- If a taxpayer recognizes gain or loss on the sale or exchange of any share of stock in a foreign corporation, the portion of such gain or loss which is attributable to unrecognized gain or loss with respect to 1 or more applicable commodities shall be taken into account under subparagraph (A) in the same manner as if such commodities were sold or exchanged directly by the organization. ``(iii) No double counting.--The Secretary shall prescribe such rules as are necessary to ensure that any item of income, gain, loss, or deduction described in clause (i) or (ii) is taken into account only once for purposes of this paragraph. ``(D) Applicable commodity.--For purposes of this paragraph, the term `applicable commodity' has the meaning given such term by section 1261(b), except that such section shall be applied without regard to paragraph (2) thereof. ``(E) Regulations.--The Secretary shall prescribe such regulations as are necessary to carry out the provisions of this paragraph, including regulations-- ``(i) to prevent the avoidance of the purposes of this paragraph through the use of pass-thru entities or tiered structures, and ``(ii) to provide that this paragraph shall not apply to ownership interests of organizations in foreign corporations in cases where the income or gain of the foreign corporation from any applicable commodity is otherwise subject to tax imposed by this chapter. ``(F) Application.--This paragraph shall apply to any applicable commodity acquired after August 31, 2009, and before January 1, 2014.''. (b) Effective Date.--The amendment made by this section shall apply to applicable commodities acquired after August 31, 2009, in taxable years ending after such date. SEC. 4. STUDY OF TAX TREATMENT OF COMMODITIES AND SECTION 1256 CONTRACTS. (a) Study.--The Secretary of the Treasury, or the Secretary's delegate, shall conduct a study of the Federal income tax treatment of section 1256 contracts under section 1256 of the Internal Revenue Code of 1986 and of applicable commodities under sections 1261, 1256(f)(6), and 512(b)(20) of such Code. Such study shall include an analysis of-- (1) the average annual number of sales or exchanges of such contracts and commodities, including the number of sales and exchanges involving organizations exempt from Federal income taxation under such Code, (2) whether the amendments made by this Act have had any effect on the number or type of such sales and exchanges, (3) the effect of tax policy on the operation of the commodities exchanges and on the demand for, and price of, commodities, particularly with respect to oil and natural gas, and (4) such other matters with respect to such tax treatment as the Secretary determines appropriate. (b) Report.--The Secretary shall, not later than January 1, 2012, report the results of the study conducted under subsection (a) to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, together with such legislative recommendations as the Secretary determines appropriate with respect to the Federal income tax treatment of section 1256 contracts and applicable commodities.

Stop Tax-breaks for Oil Profiteering Act or the STOP Act - Amends the Internal Revenue Code to: (1) treat gain or loss from the sale or exchange of oil or natural gas and related commodities as ordinary income or loss (thus taxed at regular income tax rates); and (2) require certain tax-exempt entities to pay unrelated business tax on gain or loss from the sale or exchange of oil or natural gas and related commodities. Makes such tax treatment applicable to commodities acquired after August 31, 2009, and before January 1, 2014. Directs the Secretary of the Treasury to study and report to Congress on the tax treatment of certain commodities and contracts under section 1256 of the Internal Revenue Code.

A bill to amend the Internal Revenue Code of 1986 to provide the same tax treatment for both commercial and noncommercial investors in oil and natural gas and related commodities, and for other purposes.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Opportunity Preservation Act of 1996''. (b) Table of Contents.-- Sec. 1. Short title and table of contents. Sec. 2. Statement of policy. Sec. 3. Definition of contract bundling. Sec. 4. Assessing proposed contract bundling. Sec. 5. Fostering contractor teaming. Sec. 6. Reporting of bundled contract opportunities. Sec. 7. Evaluating subcontract participation in awarding contracts. Sec. 8. Improved notice of subcontracting opportunities. Sec. 9. Deadlines for issuance of regulations. SEC. 2. STATEMENT OF POLICY. (a) Sustaining Small Business Participation in Government Contracting Despite Contract Bundling.--Section 2 of the Small Business Act (15 U.S.C. 631) is amended by adding at the end the following new subsection: ``(j) In complying with the statement of congressional policy expressed in subsection (a)(2)(B), relating to fostering the participation of small business concerns in the contracting opportunities of the Government, each Federal agency, to the maximum practicable extent, shall-- ``(1) comply with the provisions of this Act expressing congressional intent to foster the participation of small business concerns as prime contractors, especially section 15; ``(2) structure its contracting requirements to facilitate competition by and among small business concerns, taking all reasonable steps to eliminate obstacles to their participation; ``(3) avoid the bundling of contract requirements that preclude small business participation as prime contractors; and ``(4) comply with the provisions of this Act expressing congressional intent to foster the participation of small business concerns as subcontractors (including suppliers), especially section 8(d).''. (b) Conforming Amendment.--Section 2(a) of the Small Business Act (15 U.S.C. 631(a)) is amended-- (1) in the first sentence, by striking ``The essence'' and inserting ``(1) The essence''; and (2) by striking the fifth sentence and inserting the following: ``(2) It is the declared policy of the Congress that the government should aid, counsel, assist, and protect, in so far as is possible, the interests of small business concerns in order to-- ``(A) preserve free competitive enterprise; ``(B) insure that a fair proportion of the total purchases for property or services (including construction) be placed with small business concerns as prime contractors or subcontractors (including suppliers); ``(C) insure that a fair proportion of the total sales of Government property be made to small business concerns; and ``(D) maintain and strengthen the overall economy of the Nation.''. SEC. 3. DEFINITION OF CONTRACT BUNDLING. Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following new subsection: ``(o) For the purposes of this Act, the terms `contract bundling', `bundled contract', and `bundling of contract requirements' mean the practice of consolidating two or more procurement requirements of a type that were previously solicited and awarded as separate smaller contracts into a single contract solicitation likely to be unsuitable for award to a small business concern because of-- ``(1) the diversity and size of the elements of performance specified; ``(2) the aggregate dollar value of the anticipated award; ``(3) the geographical dispersion of the contract performance sites; or ``(4) any combination of the factors described in paragraphs (1), (2), and (3).''. SEC. 4. ASSESSING PROPOSED CONTRACT BUNDLING. (a) In General.--Section 15(b) of the Small Business Act (15 U.S.C. 644(b)) is amended to read as follows: ``(b)(1)(A) To the maximum extent practicable, procurement strategies used by the various agencies having contracting authority shall facilitate the maximum participation of small business concerns as prime contractors. ``(B) Whenever a proposed procurement strategy reflects a bundling of contract requirements, such proposed procurement strategy shall-- ``(i) identify specifically the benefits anticipated from bundling the contract requirements; ``(ii) assess the specific impediments to participation by small business concerns as prime contractors and specify actions designed to maximize small business participation as subcontractors (including suppliers) at various tiers; and ``(iii) include a specific determination that the anticipated benefits of the proposed bundled contract justify its use. ``(2)(A) The Administration, acting through one of its Procurement Center Representatives (or such other employee of the Administration as may be designated), is empowered to review for a period of 30 days a proposed solicitation for compliance with the requirements of this subsection and subsection (a). The 30-day review shall occur concurrently with other reviews required prior to the issuance of the solicitation. ``(B) Within 15 days after receipt from a procurement activity of a Federal agency of any proposed contract solicitation that in the opinion of the representative would constitute a bundling of contract requirements, the representative (or other designee of the Administration) shall-- ``(i) request the head of the procurement activity to furnish recommendations to modify the procurement strategy and the proposed solicitation for the purpose of increasing the probability of participation by small businesses as prime contractors; or ``(ii) recommend to the procurement activity an alternative procurement strategy that would increase the probability of participation by small businesses as prime contractors. ``(C) Whenever the Procurement Center Representative and the head of the procurement activity fail to agree to a revision of the procurement strategy (or the proposed solicitation) under subparagraph (B), the matter may be submitted by the Administrator to the head of the agency in which the procurement activity is located for determination. ``(D) Any determination by an agency head to issue a contract solicitation with no revision of the procurement strategy (or the proposed solicitation) shall be supported by findings and an assessment addressing the matters described in subparagraph (E). Such determination and findings shall be submitted to the Administrator. ``(E) The findings accompanying a determination made pursuant to subparagraph (D) shall include-- ``(i) the estimated benefits of the proposed bundling of contract requirements, including improved performance of programmatic objectives to be met by the contract, savings in terms of acquisition costs and contract administration costs, and how such estimated benefits were calculated; ``(ii) specific adverse impacts on the participation of small business concerns as prime contractors, especially small business concerns that are performing (or have previously performed) contracts of the type that are proposed for inclusion in the solicitation for the bundled contract; ``(iii) specific actions to foster the participation of small businesses in the performance of the bundled contract as subcontractors (including suppliers) at various tiers; and ``(iv) such other matters as the agency head considers appropriate. ``(F) Unless otherwise authorized by the head of the agency for urgent and compelling reasons, the solicitation shall not be issued until the determination under subparagraph (D) has been made by such agency head and submitted to the Administrator.''. (b) Conforming Amendment.--Section 15(a) of the Small Business Act (15 U.S.C. 644(a)) is amended by striking the third, fourth, fifth, and sixth sentences. (c) Responsibilities of Agency Small Business Advocates.--Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended-- (1) by redesignating paragraphs (5), (6), (7), (8), and (9) as paragraphs (6), (7), (8), (9), and (10), respectively; and (2) by adding after paragraph (4) the following new paragraph (5): ``(5) identify and report on proposed solicitations that represent bundling of contract requirements, and work with the agency acquisition officials and the Administration to revise the procurement strategies for such proposed solicitations to increase the probability of participation by small businesses as prime contractors, or to facilitate small business participation as subcontractors and suppliers, if a solicitation for a bundled contract is to be issued,''. SEC. 5. FOSTERING CONTRACTOR TEAMING. Section 15(b) of the Small Business Act (15 U.S.C. 644(b)), as amended by section 2, is further amended by adding at the end the following new paragraph: ``(3)(A) A small business concern intending to submit an offer for an anticipated bundled contract may propose to the Administration for approval a team of subcontractors meeting the requirements of subparagraph (B) without regard to the requirements of subsection (o) or the regulations of the Administration regarding findings of affiliation or control, either direct or indirect. ``(B) A subcontracting team proposed under subparagraph (A) may include-- ``(i) other small business concerns; and ``(ii) business concerns other than small business concerns, whose aggregate participation may not represent more than 25 percent of the anticipated total value of the contract. ``(C) Any subcontracting team proposed under subparagraph (A) and approved by the Administrator shall be subject to such alternative requirements regarding subcontracting and affiliation or control as may be specified by the Administrator.''. SEC. 6. REPORTING OF BUNDLED CONTRACT OPPORTUNITIES. (a) Data Collection Required.--The Federal Procurement Data System described in section 6(d)(4)(A) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(d)(4)(A)) shall be modified to collect data regarding contract bundling. The data shall reflect the determination made by the employee of the Small Business Administration exercising the responsibilities of section 15(b) of the Small Business Act (15 U.S.C. 644(b)) (as amended by section 3) regarding whether a particular solicitation constitutes contract bundling. (b) Definitions.--For purposes of this section, the term ``contract bundling'' has the meaning given such term in section 3(o) of the Small Business Act (15 U.S.C. 632(o)) (as added by section 2). SEC. 7. EVALUATING SUBCONTRACT PARTICIPATION IN AWARDING CONTRACTS. (a) In General.--Section 8(d)(4) of the Small Business Act (15 U.S.C. 637(d)(4)) is amended by striking ``(4)(A)'' and all that follows through the end of subparagraph (D) and inserting the following: ``(4)(A) Each solicitation for the award of a contract (or subcontract) with an anticipated value of $1,000,000, in the case of a contract for construction (including repair, alteration, or demolition of existing construction) or $500,000, in the case of a contract for all other types of services or supplies, that can reasonably be expected to offer opportunities for subcontracting in the business judgment of the contracting officer, shall-- ``(i) in the case of a contract to be awarded using competitive procedures, include solicitation provisions described in subparagraph (B); ``(ii) in the case of a contract to be awarded using procedures other than competitive procedures, require submission and acceptance of a subcontracting plan pursuant to subparagraph (C); and ``(iii) in the case of a subcontract award, require submission and acceptance of a subcontracting plan pursuant to subparagraph (D). ``(B) With respect to subcontract participation by the various types of small business concerns listed in paragraph (1), the solicitation shall-- ``(i) specify, whenever practicable, minimum percentages for subcontract participation by the various types of small business concerns listed in paragraph (1), determined in the exercise of business judgment by the contracting officer considering the matters described in subparagraph (F)(iii), that must be met for an offer to be considered responsive; ``(ii) assign a weight of not less than the numerical equivalent of 5 percent of the total of all evaluation factors to a contract award evaluation factor that recognizes incrementally higher subcontract participation rates in excess of the minimum percentages, if any; ``(iii) require the successful offeror to submit a subcontracting plan that incorporates the information prescribed in paragraph (6); and ``(iv) assign a significant weight in the evaluation of past performance by offerors in attaining subcontract participation goals. ``(C)(i) The apparent successful offeror for a contract to be awarded using procedures other than competitive procedures shall negotiate with the contracting officer-- ``(I) separate goals for subcontract participation by the various types of small business concerns listed in paragraph (1); and ``(II) a plan for the attainment of the goals that incorporates the information prescribed in paragraph (6). ``(ii) The goals and plan shall reflect the maximum practicable opportunity for participation of small business concerns in the performance of the contract, considering the matters described in subparagraph (F)(iii). If, within the time limits prescribed in the Federal Acquisition Regulation, the apparent successful offeror fails to negotiate such goals and subcontracting plan, such offeror shall be ineligible for award of the contract. ``(D) An apparent subcontract awardee shall negotiate with the prime contractor (or higher-tier subcontractor) a goal for the participation of the various types of small business concerns listed in paragraph (1), and a plan for the attainment of those goals which incorporates the information prescribed in paragraph (6). Such goals and plan shall reflect the maximum practicable opportunity for the participation of such small business concerns in the performance of the contract, considering the matters described in subparagraph (F)(iii).''. (b) Conforming Amendments.--Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended as follows: (1) Paragraph (5) is amended to read as follows: ``(5) [Reserved.]''. (2) Paragraph (6) is amended-- (A) in the matter preceding subparagraph (A), by striking ``or (5)''; and (B) in subparagraph (D), by striking ``or (5)''. (3) Paragraph (7) is amended by striking ``(4), (5),'' and inserting ``(4)''. (4) Paragraph (10) is amended-- (A) in the matter preceding subparagraph (A), by striking ``(4), (5),'' and inserting ``(4)''; and (B) in subparagraph (B), by striking ``paragraphs (4) and (5)'' and inserting ``paragraph (4)''. SEC. 8. IMPROVED NOTICE OF SUBCONTRACTING OPPORTUNITIES. (a) Use of the Commerce Business Daily Authorized.--Section 8 of the Small Business Act (15 U.S.C. 637) is amended by adding at the end the following new subsection: ``(k) Notices of Subcontracting Opportunities.-- ``(1) In general.--Notices of subcontracting opportunities may be submitted for publication in the Commerce Business Daily by-- ``(A) a business concern awarded a contract by an executive agency subject to subsection (e)(1)(C); and ``(B) a business concern which is a subcontractor or supplier (at any tier) to such contractor having a subcontracting opportunity in excess of $10,000. ``(2) Contents of notice.--The notice of a subcontracting opportunity shall include-- ``(A) a description of the business opportunity that is comparable to the description specified in paragraphs (1), (2), (3), and (4) of subsection (f); and ``(B) the due date for receipt of offers.''. (b) Regulations Required.--The Federal Acquisition Regulation shall be amended to provide uniform implementation of the amendments made by this section. (c) Conforming Amendment.--Section 8(e)(1)(C) of the Small Business Act (15 U.S.C. 637(e)(1)(C)) is amended by striking ``$25,000'' each place it appears and inserting ``$100,000''. SEC. 9. DEADLINES FOR ISSUANCE OF REGULATIONS. (a) Proposed Regulations.--Proposed amendments to the Federal Acquisition Regulation or proposed Small Business Administration regulations shall be published not later than 120 days after the date of enactment of this Act for the purpose of obtaining public comment pursuant to section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b) or chapter 5 of title 5, United States Code, as appropriate. The public shall be afforded not less than 60 days to submit comments. (b) Final Regulations.--Final regulations shall be published not later than 270 days after the date of enactment of this Act. The effective date for such regulations shall be at least 30 days after the date of publication.

Small Business Opportunity Preservation Act of 1996 - Amends the Small Business Act to state as a policy under such Act that each Federal agency: (1) foster the participation of small businesses as prime contractors; (2) structure its contracting requirements to facilitate competition by and among small businesses; (3) avoid contract bundling (the practice of consolidating two or more procurement requirements into a single contract likely to be unsuitable for award to a small business); and (4) comply with requirements intended to foster the participation of small businesses as subcontractors. (Sec. 4) Requires procurement strategies used by Federal agencies to facilitate the maximum participation of small businesses as prime contractors. Requires specific information to be included in any proposed procurement strategy that reflects a bundling of contract requirements, including impediments caused to small businesses as prime contractors. Authorizes the Small Business Administration (SBA) to review proposed contract solicitations for compliance with such requirements and to act within 15 days toward the modification of procurement strategies to increase the probability of participation by small businesses as prime contractors. Requires a determination not to modify a procurement strategy to be supported by specified findings and an assessment which addresses matters concerning contract bundling and its impacts on small businesses. (Sec. 5) Authorizes a small business intending to submit an offer for an anticipated bundled contract to propose to the SBA for approval a team of small business subcontractors (or a team of small businesses and other businesses whose participation may not represent more than 25 percent of the contract value) to perform the contract. (Sec. 6) Requires the Federal Procurement Data System to be modified to collect data regarding contract bundling. (Sec. 7) Requires, in a solicitation for the award of construction contracts of $1 million or other types of contracts for $500,000, the inclusion of provisions which specify minimum percentages of participation by various types of small businesses in subcontracting under such contracts. Requires the successful offeror for such a contract to negotiate with the contracting officer in order to meet specified goals for subcontract participation by small businesses. (Sec. 8) Authorizes notice of subcontracting opportunities to be submitted for publication in the Commerce Business Daily by the appropriate prime contractors. (Sec. 9) Provides deadlines for the publication of proposed amendments made to the Federal Acquisition Regulation or to SBA regulations.

Small Business Opportunity Preservation Act of 1996

SECTION 1. FINDINGS. Congress makes the following findings: (1) John H. Johnson published the first edition of the Negro Digest in 1942, having conceived of the idea while working at the Supreme Life Insurance Company. (2) This publication covered African-American history, literature, arts, and cultural issues and reached a circulation of 50,000 within six months. (3) Renamed to Black World, the publication reached a circulation of more than 100,000 subscribers at its peak. (4) Johnson's later creation, Ebony magazine, supplanted this record in selling out its initial run of 25,000 printed copies and at its height had 2,300,000 subscribers. (5) Through Ebony magazine, Johnson provided insight into the African-American community by reporting on issues such as ``the white problem in America'', African-American militancy, crimes by African-Americans against African-Americans, civil rights legislation, freedom rides and marches, and other aspects of segregation and discrimination. (6) Johnson worked to ensure that the contributions of African-Americans to the United States were documented by trained historians who were brought on to the magazine's staff. (7) Striving to show positive images of African-Americans, Johnson featured African-American models in the magazine's advertisements, and a concerted effort was made to show positive aspects of African-American life and culture. (8) Johnson's quest to serve African-American readers continued in subsequent years by launching four other magazines entitled Tan, Jet, African American Stars, and Ebony Jr., a children's magazine. (9) Johnson later expanded his enterprise when becoming chairman and chief executive officer of the Supreme Life Insurance Company, developing a line of cosmetics, owning three radio stations, starting a book publishing company, and a television production company. (10) Invited by the United States Government to participate in several international missions, Johnson accompanied the Vice President of the United States on a mission to Russia and Poland in 1959, and was appointed to be a Special Ambassador to represent the United States at the independence ceremonies in the Ivory Coast in 1961 and Kenya in 1963. (11) In 1966, Johnson was honored with the National Association for the Advancement of Colored People's Spingarn Medal for his contributions to improving race relations in the United States. (12) In 1966, The Horatio Alger Association of Distinguished Americans awarded Johnson the Horatio Alger Award in recognition of his outstanding work as a dedicated community leader. (13) In 1972, Johnson was named Publisher of the Year by the Magazine Publishers Association, an industry association for consumer magazines. (14) In 1993, the Wall Street Journal awarded Johnson with the Dow Jones Entrepreneurial Excellence Award. (15) In 1994, Johnson was awarded the Center for Communication's Communication Award, on the occasion of Ebony's 50th anniversary. (16) In 1996, President William Clinton awarded Johnson the Presidential Medal of Freedom which was followed in 1997 by Johnson's induction into the Junior Achievement National Business Hall of Fame. (17) In 2001, Johnson was inducted into the Arkansas Business Hall of Fame. (18) Among his numerous awards and honors, Johnson has been awarded honorary doctorates by the University of Arkansas at Pine Bluff, Harvard University, the University of Southern California, Carnegie Mellon University, Eastern Michigan University, and Wayne State University. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to John H. Johnson in recognition of his outstanding work, leadership, and service. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. STATUS OF MEDALS. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.

Authorizes the award of a single gold medal to John H. Johnson (creator of Ebony magazine) in recognition of his outstanding work, leadership, and service. Permits the Secretary of the Treasury to strike and sell duplicates in bronze of the gold medal, at a price sufficient to cover the costs of the medals.

To grant the Congressional Gold Medal to John H. Johnson in recognition of his outstanding contributions to the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act of 2013'' or the ``REPEAL HIV Discrimination Act of 2013''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) At present, 32 States and 2 United States territories have criminal statutes based on perceived exposure to HIV, rather than actual transmission of HIV to another. Thirteen States have HIV-specific laws that make spitting or biting a felony, even though it is not possible to transmit HIV via saliva. (2) According to the Centers for Disease Control and Prevention (CDC), HIV is only transmitted through blood, semen, vaginal fluid, and breast milk. (3) Prosecutions for perceived exposure, nondisclosure, or unintentional transmission of HIV have occurred in at least 39 States under general or HIV-specific laws. (4) Even in the absence of HIV transmission, people living with HIV have been given sentences of up to 35 years based on exaggerated fears of HIV, regardless of actual risk of transmission. (5) State and Federal criminal law does not currently reflect the three decades of medical advances and discoveries made with regard to transmission and treatment of HIV. (6) According to CDC, correct and consistent male or female condom use is very effective in preventing HIV transmission. However, most State HIV-specific laws and prosecutions do not treat the use of a condom during sexual intercourse as a mitigating factor or evidence that the defendant did not intend to transmit HIV. (7) Criminal laws and prosecutions do not take into account the benefits of effective antiretroviral medications, which reduce the HIV virus to undetectable levels and further reduce the already low risk of transmitting the HIV to near-zero. (8) Although HIV/AIDS currently is viewed as a treatable, chronic, medical condition, people living with HIV have been charged under aggravated assault, attempted murder, and even bioterrorism statutes because prosecutors, courts, and legislators continue to view and characterize the blood, semen, and saliva of people living with HIV as a ``deadly weapon''. (9) Multiple peer-reviewed studies demonstrate that HIV- specific laws do not reduce risk-taking behavior or increase disclosure by people living with or at risk of HIV, and there is increasing evidence that these laws reduce the willingness to get tested. Furthermore, placing legal responsibility for preventing the transmission of HIV and other pathogens exclusively on people diagnosed with HIV, and without consideration of other pathogens that can be sexually transmitted, undermines the public health message that all people should practice behaviors that protect themselves and their partners from HIV and other sexually transmitted diseases. (10) The identity of an individual accused of violating existing HIV-specific restrictions is broadcast through media reports, potentially destroying employment opportunities and relationships and violating the person's right to privacy. (11) Individuals who are convicted for HIV exposure, nondisclosure, or transmission often must register as sex offenders even in cases of consensual sexual activity. Their employability is destroyed and their family relationships are fractured. (12) The United Nations, including the Joint United Nations Programme on HIV/AIDS (UNAIDS), urges governments to ``limit criminalization to cases of intentional transmission. Such requirement indicates a situation where a person knows his or her HIV-positive status, acts with the intention to transmit HIV, and does in fact transmit it''. UNAIDS also recommends that criminal law should not be applied to cases where there is no significant risk of transmission. (13) The Global Commission on HIV and the Law was launched in June 2010 to examine laws and practices that criminalize people living with and vulnerable to HIV and to develop evidence-based recommendations for effective HIV responses. The Commission calls for ``governments, civil society and international bodies to repeal punitive laws and enact laws that facilitate and enable effective responses to HIV prevention, care and treatment services for all who need them''. The Commission recommends against the enactment of ``laws that explicitly criminalise HIV transmission, exposure or non-disclosure of HIV status, which are counterproductive''. (14) In 2010, the President released a National HIV/AIDS Strategy (NHAS), which addressed HIV-specific criminal laws, stating: ``[W]hile we understand the intent behind [these] laws, they may not have the desired effect and they may make people less willing to disclose their status by making people feel at even greater risk of discrimination. In some cases, it may be appropriate for legislators to reconsider whether existing laws continue to further the public interest and public health. In many instances, the continued existence and enforcement of these types of laws run counter to scientific evidence about routes of HIV transmission and may undermine the public health goals of promoting HIV screening and treatment.''. The NHAS also states that State legislatures should consider reviewing HIV-specific criminal statutes to ensure that they are consistent with current knowledge of HIV transmission and support public health approaches to preventing and treating HIV. (15) In February 2013, the President's Advisory Council on AIDS (PACHA) passed a resolution stating ``all U.S. law should be consistent with current medical and scientific knowledge and accepted human rights-based approaches to disease control and prevention and avoid imposition of unwarranted punishment based on health and disability status''. SEC. 3. SENSE OF CONGRESS REGARDING LAWS OR REGULATIONS DIRECTED AT PEOPLE LIVING WITH HIV/AIDS. It is the sense of Congress that Federal and State laws, policies, and regulations regarding people living with HIV/AIDS-- (1) should not place unique or additional burdens on such individuals solely as a result of their HIV status; and (2) should instead demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of-- (A) the multiple factors that lead to HIV transmission; (B) the relative risk of demonstrated HIV transmission routes; (C) the current health implications of living with HIV; (D) the associated benefits of treatment and support services for people living with HIV; and (E) the impact of punitive HIV-specific laws, policies, regulations, and judicial precedents and decisions on public health, on people living with or affected by HIV, and on their families and communities. SEC. 4. REVIEW OF FEDERAL AND STATE LAWS. (a) Review of Federal and State Laws.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Attorney General, the Secretary of Health and Human Services, and the Secretary of Defense acting jointly (in this section referred to as the ``designated officials'') shall initiate a national review of Federal and State laws, policies, regulations, and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with HIV/AIDS, including in regard to the Uniform Code of Military Justice. (2) Consultation.--In carrying out the review under paragraph (1), the designated officials shall seek to include diverse participation from, and consultation with, each of the following: (A) Each State. (B) State attorneys general (or their representatives). (C) State public health officials (or their representatives). (D) State judicial and court system officers, including judges, district attorneys, prosecutors, defense attorneys, law enforcement, and correctional officers. (E) Members of the United States Armed Forces, including members of other Federal services subject to the Uniform Code of Military Justice. (F) People living with HIV/AIDS, particularly those who have been subject to HIV-related prosecution or who are from communities whose members have been disproportionately subject to HIV-specific arrests and prosecution. (G) Legal advocacy and HIV/AIDS service organizations that work with people living with HIV/ AIDS. (H) Nongovernmental health organizations that work on behalf of people living with HIV/AIDS. (I) Trade organizations or associations representing persons or entities described in subparagraphs (A) through (G). (3) Relation to other reviews.--In carrying out the review under paragraph (1), the designated officials may utilize other existing reviews of criminal and related civil commitment cases involving people living with HIV/AIDS, including any such review conducted by any Federal or State agency or any public health, legal advocacy, or trade organization or association if the designated officials determine that such reviews were conducted in accordance with the principles set forth in section 3. (b) Report.--Not later than 180 days after initiating the review required by subsection (a), the Attorney General shall transmit to the Congress and make publicly available a report containing the results of the review, which includes the following: (1) For each State and for the Uniform Code of Military Justice, a summary of the relevant laws, policies, regulations, and judicial precedents and decisions regarding criminal cases involving people living with HIV/AIDS, including the following: (A) A determination of whether such laws, policies, regulations, and judicial precedents and decisions place any unique or additional burdens upon people living with HIV/AIDS. (B) A determination of whether such laws, policies, regulations, and judicial precedents and decisions demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of-- (i) the multiple factors that lead to HIV transmission; (ii) the relative risk of HIV transmission routes; (iii) the current health implications of living with HIV; (iv) the associated benefits of treatment and support services for people living with HIV; and (v) the impact of punitive HIV-specific laws and policies on public health, on people living with or affected by HIV, and on their families and communities. (C) An analysis of the public health and legal implications of such laws, policies, regulations, and judicial precedents and decisions, including an analysis of the consequences of having a similar penal scheme applied to comparable situations involving other communicable diseases. (D) An analysis of the proportionality of punishments imposed under HIV-specific laws, policies, regulations, and judicial precedents, taking into consideration penalties attached to violation of State laws against similar degrees of endangerment or harm, such as driving while intoxicated (DWI) or transmission of other communicable diseases, or more serious harms, such as vehicular manslaughter offenses. (2) An analysis of common elements shared between State laws, policies, regulations, and judicial precedents. (3) A set of best practice recommendations directed to State governments, including State attorneys general, public health officials, and judicial officers, in order to ensure that laws, policies, regulations, and judicial precedents regarding people living with HIV/AIDS are in accordance with the principles set forth in section 3. (4) Recommendations for adjustments to the Uniform Code of Military Justice, as may be necessary, in order to ensure that laws, policies, regulations, and judicial precedents regarding people living with HIV/AIDS are in accordance with the principles set forth in section 3. (c) Guidance.--Within 90 days of the release of the report required by subsection (b), the Attorney General and the Secretary of Health and Human Services, acting jointly, shall develop and publicly release updated guidance for States based on the set of best practice recommendations required by subsection (b)(3) in order to assist States dealing with criminal and related civil commitment cases regarding people living with HIV/AIDS. (d) Monitoring and Evaluation System.--Within 60 days of the release of the guidance required by subsection (c), the Attorney General and the Secretary of Health and Human Services, acting jointly, shall establish an integrated monitoring and evaluation system which includes, where appropriate, objective and quantifiable performance goals and indicators to measure progress toward statewide implementation in each State of the best practice recommendations required in subsection (b)(3). (e) Modernization of Federal Laws, Policies, and Regulations.-- Within 90 days of the release of the report required by subsection (b), the designated officials shall develop and transmit to the President and the Congress, and make publicly available, such proposals as may be necessary to implement adjustments to Federal laws, policies, or regulations, including to the Uniform Code of Military Justice, based on the recommendations required by subsection (b)(4), either through Executive order or through changes to statutory law. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to discourage the prosecution of individuals who intentionally transmit or attempt to transmit HIV to another individual. SEC. 6. NO ADDITIONAL APPROPRIATIONS AUTHORIZED. This Act shall not be construed to increase the amount of appropriations that are authorized to be appropriated for any fiscal year. SEC. 7. DEFINITIONS. For purposes of this Act: (1) HIV and hiv/aids.--The terms ``HIV'' and ``HIV/AIDS'' have the meanings given to such terms in section 2689 of the Public Health Service Act (42 U.S.C. 300ff-88). (2) State.--The term ``State'' includes the District of Columbia, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands.

Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act of 2013 or the REPEAL HIV Discrimination Act of 2013 - Expresses the sense of Congress that federal and state laws, policies, and regulations regarding people living with HIV/AIDS should: (1) not place unique or additional burdens on such individuals solely as a result of their HIV status; and (2) demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of HIV transmission, health implications, treatment, and the impact of punitive HIV-specific laws, policies, regulations, and judicial precedents and decisions on public health and on affected people, families, and communities. Directs: (1) the Attorney General (AG), Secretary of Health and Human Services (HHS), and Secretary of Defense (DOD) to initiate a national review of federal (including military) and state laws, policies, regulations, and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with HIV/AIDS; and (2) the AG to transmit to Congress and make publicly available the results of such review with related recommendations. Requires the AG and HHS Secretary to: (1) develop and publicly release guidance and best practice recommendations for states, and (2) establish an integrated monitoring and evaluation system to measure state progress. Directs the AG and HHS and DOD Secretaries to transmit to the President and Congress any proposals necessary to implement adjustments to federal laws, policies, or regulations. Prohibits this Act from being construed to discourage the prosecution of individuals who intentionally transmit or attempt to transmit HIV to another individual.

REPEAL HIV Discrimination Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student-to-School Nurse Ratio Improvement Act of 2013''. SEC. 2. FINDINGS. The Congress finds the following: (1) The American Academy of Pediatrics emphasizes the crucial role of school nurses in the seamless provision of comprehensive health services to children and youth, as well as in the development of a coordinated school health program. (2) The school nurse functions as a leader and the coordinator of the school health services team, facilitating access to a medical home for each child and supporting academic achievement. (3) School nurses promote wellness and disease prevention to improve health outcomes for our Nation's children. In addition, school nurses perform early intervention services such as periodic assessments for vision, hearing, and dental problems, in an effort to remove barriers to learning. (4) Recent national data indicates 45 percent of public schools have a school nurse all day, every day, while another 30 percent of schools have a school nurse who works part time in one or more schools. (5) The American Nurses Association has reported that when there is no registered nurse on the school premises, the responsibility to administer the necessary medications and treatments, and appropriate monitoring of the children falls on the shoulders of administrators, educators, and staff who are ill-prepared to perform these tasks. (6) Statistics from the National Center for Educational Statistics indicate that of the 52,000,000 students who currently spend their day in schools, 15 to 18 percent of children and adolescents have a chronic health condition. (7) A recent study indicated that from 2002 to 2008, the percentage of children in special education with health impairments, due to chronic or acute health problems, increased 60 percent. School nurses use their specialized knowledge, assessment skills, and judgment to manage children's increasingly complex medical conditions and chronic health illnesses. (8) Among adolescents aged 12 to 19 years old, the prevalence of pre-diabetes and diabetes increased from 9 percent to 23 percent between 1999 and 2008. More than 30 percent of children aged 2 to 19 years old are obese or overweight (>85th percentile). In 2008, more than 10 million children in the United States had asthma. The prevalence of food allergies among children under the age of 18 increased 19 percent from 1997 to 2007. (9) According to the American Academy of Pediatrics, students today face increased social and emotional issues, which enhance the need for preventive services and interventions for acute and chronic health issues. School nurses are actively engaged members of school-based mental health teams and spend nearly 32 percent of their time providing mental health services, including universal and targeted interventions, screenings to identify early warning signs and referrals to medical providers, and crisis planning. (10) In 2011, the Bureau of the Census reported 9.7 percent of children under the age of 19, which equals 7.6 million children under the age of 19, were without health insurance. Data shows that uninsured children achieve lower educational outcomes than those with health coverage. Children who cannot afford to see a medical provider miss more days of school, experience increased severity of illness, and suffer from disparities in health. (11) More than 1.6 million children experience homelessness each year in the United States. Homeless children develop increased rates of acute and chronic health conditions, and the stress of their living situation can negatively affect their development and ability to learn. As a result, schools have become the primary access to health care for many children and adolescents. School nurses serve on the frontlines as a safety net for the Nation's most vulnerable children. (12) Communicable and infectious diseases account for millions of school days lost each year. Data illustrate that when students have access to a registered nurse in school, immunization rates increase. (13) A 2011 study showed that a school nurse in the building saves principals, teachers, and clerical staff a considerable amount of time that they would have spent addressing health concerns of students, including saving principals almost an hour a day; saving teachers almost 20 minutes a day; and saving clerical staff more than 45 minutes a day. This would amount to a savings of about 13 hours per day in the aggregate for such school personnel. (14) Using a formula-based approach, taking into consideration the overall health acuity of the student body and the workload of school nurses, for determining a balanced student-to-school nurse ratio offers a reasonable means for achieving better student outcomes. SEC. 3. REDUCING STUDENT-TO-SCHOOL NURSE RATIOS. (a) Demonstration Grants.-- (1) In general.--The Secretary of Education, in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, may make demonstration grants to eligible local educational agencies for the purpose of reducing the student- to-school nurse ratio in public elementary schools and secondary schools. (2) Application.--To receive a grant under this section, an eligible local educational agency shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary may require, which shall include information with respect to the current ratios of students-to-school nurses, student health acuity levels, and workloads of school nurses in each of the public elementary schools and secondary schools served by the agency. (3) Priority.--In awarding grants under this section, the Secretary of Education shall give priority to applications submitted by high-need local educational agencies that demonstrate the greatest need for new or additional nursing services among students in the public elementary secondary and secondary schools served by the agency. (4) Matching funds.--The Secretary of Education may require recipients of grants under this section to provide matching funds from non-Federal sources, and shall permit the recipients to match funds in whole or in part with in-kind contributions. (b) Report.--Not later than 24 months after the date on which a grant is first made to a local educational agency under this section, the Secretary of Education shall submit to the Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation-- (1) of the effectiveness of the program in reducing the student-to-school nurse ratios described in subsection (a)(1); and (2) of the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. (c) Definitions.--For purposes of this section: (1) ESEA terms.--The terms ``elementary school'', ``local educational agency'', ``poverty line'', and ``secondary school'' have the meanings given to those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Acuity.--The term ``acuity'', when used with respect to a level, means the level of a patient's sickness, such as a chronic condition, which influences the need for nursing care. (3) Workload.--The term ``workload'', when used with respect to a nurse, means the amount of time the nurse takes to provide care and complete the other tasks for which the nurse may be responsible. (4) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency in which the student-to-school nurse ratio in each public elementary and secondary school served by the agency is 750 or more students to 1 school nurse. (5) High-need local educational agency.--The term ``high- need local educational agency'' means a local educational agency-- (A) that serves not fewer than 10,000 children from families with incomes below the poverty line; or (B) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line. (6) Nurse.--The term ``nurse'' means a licensed nurse, as defined under State law. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for each of the fiscal years 2014 through 2018.

Student-to-School Nurse Ratio Improvement Act of 2013 - Authorizes the Secretary of Education to make matching demonstration grants to local educational agencies (LEAs) in which the student-to-school nurse ratio in each of their public elementary and secondary schools is 750 or more students to every school nurse for the purpose of reducing such ratio. Gives grant priority to LEAs: (1) for which not fewer than 10,000 or not less than 20% of the children served are from families with incomes below the poverty line, and (2) that demonstrate the greatest need for new or additional nursing services for their students.

Student-to-School Nurse Ratio Improvement Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Salmon Planning Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds and declares that-- (1) certain species of salmon and steelhead in the Columbia and Snake River basin are on the brink of extinction as a consequence of various factors, including hydroelectric projects, harvest management practices, habitat degradation, altered in-stream flow, and unsound hatchery practices; (2) these salmon and steelhead have major economic, ecological, educational, recreational, scientific, cultural, and spiritual significance to the Nation and its people; (3) salmon and steelhead are a symbol of the Northwest, support thousands of jobs in coastal and inland communities, and serve as an indicator of the health of Northwest river ecosystems; (4) the United States Government has signed treaties with Indian tribes of Oregon, Washington, and Idaho and with the Government of Canada creating a legally enforceable trust responsibility to restore salmon populations to sustainable, harvestable levels; (5) since the construction of 4 Federal dams on the lower Snake River in Washington, salmon and steelhead populations in the Snake River have plummeted, and all salmon and steelhead in the Snake River are extinct or listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (6) recent studies indicate that the time to protect remaining Snake River salmon and steelhead is short, with scientists estimating that, if changes do not occur, remaining Snake River salmon will be extinct in our lifetime; (7) salmon and steelhead extinction could cost taxpayers billions of dollars; (8) a federally funded group of State, tribal, Federal, and independent scientists found that partially removing the 4 lower Snake River dams in Washington is the surest way to protect and recover Snake River salmon and steelhead; (9) several communities that rely on the 4 lower Snake River dams would be affected by partial dam removal; (10) a Federal court has found that the 4 lower Snake River dams violate water quality standards under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and (11) energy production in the Northwest is heavily dependent upon hydropower and thus, the prospects for salmon recovery and Northwest energy production are inextricably linked. (b) Purposes.--The purposes of this Act are-- (1) to ensure the protection of Columbia and Snake River salmon and steelhead while providing for reliable, reasonably priced energy in the Northwest, an economically sustainable salmon recovery program, and effective mitigation of potential economic impacts to communities from potential dam removal; and (2) to ensure that the Northwest and the Nation have completed the necessary planning and evaluation to respond rapidly if major new actions are necessary to protect and recover salmon and steelhead in the Columbia and Snake River basin. SEC. 3. PEER REVIEW OF NMFS BIOLOGICAL OPINION. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Secretary of Commerce shall enter into an arrangement with the National Academy of Sciences providing for peer review of the NMFS biological opinion and submission of a report on the results of the peer review in accordance with subsection (c). (b) Contents.--For purposes of this section, peer review shall include, at a minimum, the following: (1) Review of performance standards in the NMFS biological opinion. (2) Review of any recovery standards established by the National Marine Fisheries Service pursuant to the NMFS biological opinion for each listed salmon and steelhead population. (3) Review of the effectiveness of the implementation plans required by the NMFS biological opinion and the appropriateness of the timelines for implementing such plans. (4) Review of the NMFS biological opinion and its analyses and conclusions and review of any future analyses required by the NMFS biological opinion. (c) Report.--Not later than 12 months after the date of enactment of this Act, the National Academy of Sciences shall submit to the Secretary of Commerce, the Secretary of the Army, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency a report on the results of the peer review conducted under this section. (d) Determination of Sufficiency.--Not later than December 31, 2003, the Secretary of Commerce shall publish-- (1) a determination of whether implementation of the salmon recovery measures in the NMFS biological opinion are sufficient to achieve recovery, as defined under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), of the salmon and steelhead populations that are the subject of the biological opinion; and (2) if the determination under paragraph (1) is that such measures are not sufficient to achieve such recovery, a determination of whether partially removing the 4 lower Snake River dams is necessary to restore Snake River salmon and steelhead populations to meet obligations under such Act. (e) Determination of Necessity To Meet Treaty Obligations.--Not later than December 31, 2003, the Secretary of the Interior shall publish a determination of whether partially removing the 4 lower Snake River dams is necessary to meet treaty obligations to Indian tribes or other sovereign nations. (f) Determination of Necessity To Meet Clean Water Requirements.-- Not later than December 31, 2003, the Administrator of the Environmental Protection Agency shall publish a determination of whether partially removing the 4 lower Snake River dams is necessary to meet the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). SEC. 4. GAO STUDY OF PARTIAL REMOVAL OF LOWER SNAKE RIVER DAMS. (a) In General.--The Comptroller General of the United States shall conduct a study of the potential effects of partially removing the 4 lower Snake River dams. (b) Contents.--The study shall include examination of and recommendation for addressing, at a minimum, the following: (1) The economic effects of partial dam removal for local communities and for downstream and coastal communities, including downstream and coastal communities located within the boundaries of Alaska and Canada, including employment gains or losses that would result from dam removal. (2) The effects of partial dam removal on transportation by water, including-- (A) the feasibility, costs, and sufficiency of alternative transportation by railroad, highway, and other means; (B) the economic benefits and costs of such alternatives; (C) the environmental impact of shifting to such alternatives; (D) the means for mitigating any environmental harm that might be caused by the use of such alternatives; and (E) any development or expansion of such alternatives that would be required to continue moving the same amount of cargo that is currently transported by water. (3) The effects of partial dam removal on irrigation, including the availability of or need for alternatives to replace irrigation water or to extend irrigation pumps. (4) The effects of partial dam removal on energy production, including the regional effects of any changes in energy production, identification of alternative energy sources that could replace any loss in energy production, and the benefits and costs of such alternatives. (5) The effects, including economic effects, of the extinction of salmon and steelhead populations in the Snake River. (c) Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to each of the Secretary of the Army, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency a report on the results of the study conducted under this section. SEC. 5. AUTHORIZATION AND PLANNING OF SALMON RECOVERY. (a) Partial Dam Removal Authorization.--The Secretary of the Army, acting through the Corps of Engineers, is authorized to partially remove the 4 lower Snake River dams if-- (1) the Secretary of Commerce finds that such action is necessary to restore Snake River salmon and steelhead populations to meet obligations under the Endangered Species Act of 1973 (33 U.S.C. 1531 et seq.); (2) the Secretary of the Interior finds that such action is necessary to meet treaty obligations to Indian tribes or other sovereign nations; or (3) the Administrator of the Environmental Protection Agency finds that such action is necessary to meet requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (b) Preliminary Planning Work.--The Secretary of the Army shall undertake such preliminary engineering, design, construction, and other activities as may be necessary to remove the 4 lower Snake River dams pursuant to subsection (a). This work shall be completed by December 31, 2003. (c) Funding.--There is authorized to be appropriated to the Secretary of the Army $4,000,000 for fiscal year beginning after September 30, 2001, to carry out this section. Such sums shall remain available until expended. SEC. 6. DEFINITIONS. In this Act, the following definitions apply: (1) Lower snake river dams.--The term ``4 lower Snake River dams'' means the following dams on the Snake River, Washington: (A) The Ice Harbor dam. (B) The Lower Monumental dam. (C) The Little Goose dam. (D) The Lower Granite dam. (2) NMFS biological opinion.--The term ``NMFS biological opinion'' means the biological opinion of the National Marine Fisheries Service regarding the Operation of the Federal Columbia River power system, issued on December 21, 2000, and any subsequent modification of, or substitute for, that biological opinion. (3) Populations.--The term ``populations'' means the 12 evolutionarily significant units of salmon and steelhead listed in the Columbia and Snake River basin that are the subject of the NMFS biological opinion.

Salmon Planning Act - Directs the Secretary of Commerce to enter into an arrangement with the National Academy of Sciences (NAS) providing for peer review of the National Marine Fisheries Service (NMFS) biological opinion regarding the Operation of the Federal Columbia River power system, issued December 21, 2000, and any subsequent modification of it (opinion) and submission of a report on the results.Directs: (1) the Secretary of Commerce to publish a determination of whether implementation of the salmon recovery measures in the opinion are sufficient to achieve recovery, under the Endangered Species Act of 1973, of the salmon and steelhead populations; and if not, whether partially removing the four lower Snake River dams (the dams) are necessary to restore Snake River salmon and steelhead populations; (2) the Secretary of the Interior to publish a determination of whether partially removing the dams are necessary to meet treaty obligations; and (3) the Environmental Protection Agency (EPA) to publish a determination of whether partially removing the dams are necessary to meet Federal Water Pollution Control Act requirements. Directs the Comptroller General to study the potential effects of partially removing the dams.Authorizes the Secretary of the Army, acting through the Corps of Engineers, to partially remove the dams if the Secretary of Commerce, the Secretary of the Interior, or the EPA Administrator finds that such action is necessary to meet the aforementioned requirements. Directs the Secretary of the Army to undertake such preliminary engineering, design, construction, and other activities as necessary to remove the dams.

To ensure that proper planning is undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River basin and the maintenance of reasonably priced, reliable power, to direct the Secretary of Commerce to seek peer review of, and to conduct studies regarding, the National Marine Fisheries Service biological opinion, under the Endangered Species Act of 1973, pertaining to the impacts of Columbia River basin Federal dams on salmon and steelhead listed under the Endangered Species Act of 1973, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fast Help For Homeowners Act''. SEC. 2. REQUIREMENT FOR PROMPT DECISION. (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by inserting before section 130 (15 U.S.C. 1640) the following new section: ``SEC. 129I. PROMPT DECISION MAKING REGARDING SHORT SALE. ``(a) In General.--Not later than the end of the 10-calendar day period beginning on the date of receipt of a written request from a mortgagor of a federally related mortgage loan that meets the requirements of subsection (c), a servicer shall-- ``(1) notify in writing each holder of a subordinate lien on the residential real property that secures such loan of such request; and ``(2) submit to each such holder a copy of such request. ``(b) Timely Response to Servicer Notification Required.-- ``(1) In general.-- ``(A) Timely response required.--Except as provided in subsection (d) and notwithstanding any other provision of law or of any contract, including a contract between a servicer of a federally related mortgage loan and a securitization vehicle or other investment vehicle, a holder of a subordinate lien that is notified by a servicer under subsection (a) shall respond in writing to such servicer not later than the end of the 45-calendar day period beginning on the date of receipt of such notification. ``(B) Failure to respond.--If the holder of a subordinate lien that is notified by a servicer under subsection (a) does not respond within the 45-calendar day period described in subparagraph (A), the request from a mortgagor described in subsection (a) shall be considered to have been approved by the such holder. ``(2) Content.--A written response by such holder under subsection (a) shall specify a decision on whether the request described in such subsection has been denied, approved, or that such request has been approved subject to specified changes. ``(c) Mortgagor Submission.--Subsection (a) shall apply in any case in which the mortgagor of a federally related mortgage loan submits to the servicer thereof-- ``(1) a written offer for a short sale of the dwelling or residential real property that is subject to a mortgage, deed of trust, or other security interest that secures the mortgage loan; and ``(2) all information required by the servicer in connection with such a request (including a copy of an executed contract between the owner of the dwelling or property and the prospective buyer that is subject to approval by the servicer). ``(d) Inapplicability to Certain Existing Mortgages.--This section shall not apply to any federally related mortgage loan with respect to which the mortgagor and the mortgagee or servicer have entered into a written agreement before the date of the enactment of the Short Sales Taking A New Direction Act explicitly providing a procedure or terms for approval of a short sale. ``(e) Treatment of Other Time Limits.--This section may not be construed to preempt, annul, or otherwise affect any other provision of law or of any contract or program that provides a shorter period than is provided under subsection (b) for a decision to be made by a holder of a subordinate lien described in subsection (a)(1) regarding a short sale. ``(f) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Federally related mortgage loan.--The term `federally related mortgage loan' has the same meaning as is given in section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602). ``(2) Securitization vehicle.--The term `securitization vehicle' means a trust, special purpose entity, or other legal structure that is used to facilitate the issuing of securities, participation certificates, or similar instruments backed by or referring to a pool of assets that includes federally related mortgage loans (or instruments that are related to federally related mortgage loans, such as credit-linked notes). ``(3) Servicer.--The term `servicer' has the same meaning as in section 129A, except that such term includes a person who makes or holds a federally related mortgage loan (including a pool of federally related mortgage loans), if such person also services the loan. ``(4) Short sale.--The term `short sale' means the sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures a federally related mortgage loan that-- ``(A) will result in proceeds in an amount that is less than the remaining amount due under the mortgage loan; and ``(B) requires authorization by the securitization vehicle or other investment vehicle or holder of the mortgage loan, or the servicer acting on behalf of such a vehicle or holder.''. (b) Applicability.--The amendment made by subsection (a) shall apply to any written request for a short sale made after the date of the enactment of this Act.

Fast Help For Homeowners Act - Amends the Truth in Lending Act to require the servicer of a federally related mortgage, upon request by the mortgagor for a short sale of the dwelling or residential real property under the mortgage, to notify in writing each holder of a subordinate lien on the property securing the loan of such request, together with a copy of it. Requires a subordinate lien holder that is so notified to respond in writing to the servicer within 45 days after receiving the notification. Considers the request approved by the holder if the holder does not respond within the 45 days.

To require the holder of a subordinate lien on the property that secures a federally related mortgage loan, upon a request by the homeowner for a short sale, to make a timely decision whether to allow the sale.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Learning Act of 2015''. SEC. 2. EXPENDITURES FOR PRE-KINDERGARTEN EDUCATION. (a) In General.--Not later than August 15 of each year, beginning with 2018, from amounts in the Early Education Trust Fund established by section 3, the Secretary of Education (in this section referred to as the ``Secretary'') shall award to the State pre-kindergarten agency for each State the amount estimated under subsection (b)(1)(A) for such State and year, subject to paragraphs (1)(A) and (2) of subsection (d). (b) Conditions for Awards.--Amounts may only be awarded under subsection (a) to a State pre-kindergarten agency for a State for a year if the head of such agency-- (1) submits to the Secretary-- (A) not later than June 15 of such year, an estimate of the amount described in paragraph (1) of subsection (c) for such State and year; and (B) not later than November 1 of such year, for each enrolled 4-year-old in such State, the number of hours for which such 4-year-old is enrolled at a pre- kindergarten program in such State for the school year beginning in such year; and (2) provides such assurances as the Secretary may require that-- (A) such amounts will be used only to support pre- kindergarten programs; (B) the State will expend for pre-kindergarten programs, during the 1-year period beginning on August 15 of such year not less than the amount expended by the State for such programs during the 1-year period beginning on August 15 of the previous year; and (C) each resident of the State who is 4 years old on October 1 of such year has the opportunity to enroll in a free pre-kindergarten program. (c) Amount Described.-- (1) In general.--The amount described in this paragraph is, with respect to a State and a year, the sum of the products determined under paragraph (2) for all enrolled 4-year-olds in the State for the year. (2) Product determined.--The product determined under this paragraph for an enrolled 4-year-old for a year is the product of-- (A) $5 (adjusted annually by the Secretary of Education for inflation, beginning with 2019, on the basis of the consumer price index for all urban consumers); and (B) the number of hours reported under subsection (b)(1)(B) for such enrolled 4-year-old for the school year beginning in such year (not to exceed 1,600). (d) Adjustments to Payments.-- (1) Reconciliation of payment.--For each State pre- kindergarten agency for a year: (A) Overpayment.--If the amount awarded under subsection (a) is greater than the amount described in paragraph (1) of subsection (c), the amount to be awarded under subsection (a) for the following year shall be reduced by the difference between such amounts. (B) Underpayment.--If the amount awarded under subsection (a) is less than the amount described in paragraph (1) of subsection (c), not later than December 31 of such year, from amounts in the Early Education Trust Fund established by section 3, the Secretary shall award to such State pre-kindergarten agency the difference between such amounts, subject to paragraph (2). (2) Insufficient funds.--If, as of a date, the amounts available to be awarded on such date from the Early Education Trust Fund are less than the amounts to be awarded on such date under this section without regard to this paragraph, the Secretary shall ratably reduce the amounts to be awarded. (e) Definitions.--In this section: (1) Enrolled 4-year-old.--The term ``enrolled 4-year-old'' means, with respect to a year, an individual who, as of October 1 of such year-- (A) is 4 years old; and (B) is enrolled at a pre-kindergarten program for at least 900 hours for the school year beginning in such year. (2) Pre-kindergarten program.--The term ``pre-kindergarten program'' means a program that is-- (A) offered by a nonprofit or governmental entity; (B) designed to provide pre-kindergarten education for at least 900 hours during a school year; and (C) accredited by the State pre-kindergarten agency for the State in which such program operates or by another accrediting entity approved by such State. (3) State pre-kindergarten agency.--The term ``State pre- kindergarten agency'' means, with respect to a State, the agency responsible for oversight of pre-kindergarten education in the State. SEC. 3. EARLY EDUCATION TRUST FUND. (a) Creation of Trust Fund.--There is hereby established in the Treasury of the United States a trust fund to be known as the ``Early Education Trust Fund'', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section. (b) Transfer to Trust Fund of Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the Early Education Trust Fund amounts equivalent to the taxes received in the Treasury under section 59A of the Internal Revenue Code of 1986 (relating to surtax for Early Education Trust Fund). (c) Expenditures From Trust Fund.--Amounts in the Early Education Trust Fund shall be available, without further appropriation, to carry out section 2. (d) Administrative Provisions.-- (1) Transfer of amounts.--The amounts appropriated by subsection (b) shall be transferred at least monthly from the general fund of the Treasury to the Early Education Trust Fund on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such subsection. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (2) Management.--The Early Education Trust Fund shall be managed under the rules specified in section 9602 of the Internal Revenue Code of 1986. SEC. 4. SURTAX FOR EARLY EDUCATION TRUST FUND. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after part VI the following new part: ``PART VII--SURTAX FOR EARLY EDUCATION TRUST FUND ``Sec. 59A. Surtax for Early Education Trust Fund. ``SEC. 59A. SURTAX FOR EARLY EDUCATION TRUST FUND. ``(a) Imposition of Tax.--In the case of a taxpayer other than a corporation and an estate or trust, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 1.5 percent of so much of the adjusted gross income of the taxpayer as exceeds $500,000. ``(b) Not Treated as Tax Imposed by This Chapter for Certain Purposes.--The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by inserting after the item relating to part VI the following new item: ``Part VII. Surtax for Early Education Trust Fund.''. (c) Section 15 Not To Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016.

Early Learning Act of 2015 This bill requires the Department of Education (ED) to make annual awards from the Early Education Trust Fund, established in this bill, to state pre-kindergarten agencies according to a formula based on pre-kindergarten enrollment in the state. To be eligible for an award, a state must provide assurances that: (1) the award will be used only to support pre-kindergarten programs, (2) the state will not expend less for pre-kindergarten programs in the award period than it did in the previous year, and (3) each resident in the state who is four years old on October 1 of the award year has the opportunity to enroll in a free pre-kindergarten program. This bill amends the Internal Revenue Code to impose a surtax, equal to 1.5% of a taxpayer's adjusted gross income as exceeds $500,000, to support the fund.

Early Learning Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``United Houma Nation Recognition and Land Claims Settlement Act of 1996''. SEC. 2. DECLARATION OF POLICY, CONGRESSIONAL FINDINGS AND PURPOSE. (a) Findings.--The Congress declares and finds the following: (1) It is the policy of the United States to promote tribal self-determination and economic self-sufficiency and to support the resolution of disputes over historical claims through settlements mutually agreed to by Indian and non-Indian parties. (2) The United Houma Nation have used, occupied, and possessed vast tracts of lands within the State of Louisiana and adjacent States, and by this use, occupancy, and possession have laid claim to these lands. (3) The significant historical events which have led to the present state of affairs include (but are not limited to) the following: (A) The United Houma Nation have an unbroken tribal existence from time immemorial and before recorded history. (B) The United Houma Nation enters recorded history in 1682, when the explorer Robert Cavalier, Sieur de La Salle encountered this tribe at the intersection of the Mississippi and Red Rivers. (C) By 1706, the United Houma Nation reacted to the rivalry between the French and English by migrating south, in order to be closer to their French allies. (D) During the early 1700's, the United Houma Nation fought with other Indian tribes, and the French, over lands. (E) The United States assumed sovereignty over these lands with the purchase of the Louisiana Territory in 1803 and promised all Indian tribes inhabiting the newly acquired territory that their land ownership and possession would be protected and honored as such ownership was protected and honored by the former sovereigns of Spain and France. (F) In order to protect themselves from threats presented by non-Indian peoples, portions of the United Houma Nation sought refuge and safety in the then remote wetlands and bayous of southern Louisiana where they continued their social life and existence as a tribal entity. (G) Members of the United Houma Nation have always been accorded the status of Indians as evidenced by-- (i) receiving educational support from the Federal Government; and (ii) recognition of the United Houma Nation as an Indian tribe by the State of Louisiana. (H) The United Houma Nation reorganized their government under a corporate form in the 1970's, which culminated in the creation of a corporate entity known as the ``United Houma Nation'' in 1979. (4) The assertion of the land claims of the United Houma Nation through litigation will lead to substantial economic and social hardship for a large number of landowners, citizens, and communities in the State of Louisiana, including the United Houma Nation itself. Congress recognizes that if these claims are not resolved-- (A) litigation against thousands of landowners would be likely; (B) any final resolution of these disputes through a process of litigation would-- (i) take many years and entail great expenses to all parties; (ii) continue economically and socially damaging controversies; (iii) prolong uncertainty as to the ownership of property; and (iv) seriously impair long-term economic planning and development for all parties. (5) The settlement of these land claims and the avoidance of costly, protracted, and uncertain litigation-- (A) will advance the goals of the Federal policy of Indian self-determination; and (B) in recognition of the obligation of the United States as a guardian and trustee, will be in furtherance of the Federal policy of settling historical Indian claims through legislation rather than confrontation. (b) Purposes.--The purposes of this Act are-- (1) to recognize the United Houma Nation, the historical descendant of the group known in history as the Houma Tribe, as a federally recognized tribe on a sovereign-to-sovereign basis, with all rights, benefits, and responsibilities thereto; (2) to authorize and direct the Secretary of the Interior to implement the terms and provisions of this Act; (3) to remove the cloud on titles in the State of Louisiana resulting from any land claims which have been asserted, are being asserted, or may be asserted, by the United Houma Nation; and (4) to confirm and recognize the trust relationship between the United Houma Nation and the United States. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) The term ``Tribe'' means the United Houma Nation, as described in the ``Constitution of the United Houma Nation, Inc.'', and the ``United Houma Nation By-Laws'', dated 1979 and 1983, respectively, and the successor in interest to the former ``Houma Tribe, Inc.'', the former ``The Houma Alliance, Inc.'', and the historic Houma Tribe. (2) The term ``claim'' means any claim which was asserted, is being asserted presently, or could be asserted, by the Tribe, or by individuals as a tribal claim, or any other claim, of any species or origin whatsoever, of a right, title, or interest in or to real property (and improvements thereon), to trespass or damages to real property (and improvements thereon), to mesne profits, or of seasonal subsistence hunting, fishing, or other rights to natural resources, if such claim is based or premised upon-- (A) original aboriginal title; or (B) aboriginal title based upon-- (i) use, occupancy, or possession for a number of years, or (ii) title confirmed or guaranteed by Articles III and VI of the Treaty of Purchase between the United States of America and France, dated April 30, 1803. (3) The term ``Secretary'' means the Secretary of the Interior. (4) The term ``State'' means the State of Louisiana. SEC. 4. ESTABLISHMENT OF FEDERAL TRUST RELATIONSHIP. (a) Federal Recognition.--Federal recognition is hereby extended to the Tribe. All laws and regulations of general application to Indians and nations, tribes, or bands of Indians that are not inconsistent with any specific provision of this Act shall be applicable to the Tribe and its members. (b) Federal Benefits and Services.-- (1) In general.--The Tribe and its members shall be eligible for all Federal benefits and services furnished to federally recognized Indian tribes and their members because of their status as Indians. (2) Service area.--In the case of Federal services available to members of federally recognized Indian tribes residing on a reservation, members of the Tribe residing in the Tribe's service area shall be deemed to be residing on a reservation. For the purposes of this paragraph, the term ``service area'' means the area comprised by the civil parishes of Terrebonne, Lafourche, Jefferson, St. Mary, Plaquemines, Orleans, and St. Bernard, in the State of Louisiana. (c) Indian Reorganization Act Applicability.--The Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its members. (d) Effect on Property Rights and Other Obligations.--Except as otherwise specifically provided in this Act, this Act shall not affect any property right or obligation, or any contractual right or obligation in existence before the date of the enactment of this Act, or for any obligation for taxes assessed before that date. SEC. 5. RATIFICATION OF PRIOR TRANSFERS; EXTINGUISHMENT OF ABORIGINAL TITLE, RIGHTS AND CLAIMS. (a) Ratification of Transfers.--Any transfer before the date of enactment of this Act of real property (and improvements thereon) or natural resources located anywhere within the United States-- (1) from, by, or on behalf of the Tribe, any one or more of its members, or anyone purporting to be a member, including (but not limited to) any transfer pursuant to any treaty, compact, or statute of any State, and (2) from, by, or on behalf of the United States to the State of Louisiana, shall be deemed to have been made in accordance with the Constitution and all laws of the United States, and Congress hereby approves and ratifies any such transfer effective as of the date of such transfer. (b) Aboriginal Title.--Aboriginal title to real property or natural resources described in subsection (a) of the Tribe, any of its members, or anyone purporting to be a member, or any other Indian, Indian Nation, or Tribe or band of Indians is hereby extinguished as of the date of such transfer or conveyance. (c) Extinguishment of Claims.--By virtue of the approval and ratification of any transfer or conveyance of real property (and improvements thereon) or natural resources effected by this section, and the extinguishment of aboriginal title effected thereby, all claims against the United States, any State or subdivision thereof, or any other person or entity, by the Tribe, any of its members, or anyone purporting to be a member, or any Indian Nation, or tribe or band of Indians, arising at the time of or subsequent to the transfer or conveyance, and based on any interest in or right involving such real property or natural resources shall be extinguished as of the date of the transfer. (d) Extinguishment of Title.-- (1) In general.--All claims and all right, title and interest that-- (A) the Tribe or any person or group of persons purporting to be the Houma Indians, or (B) any person or group of persons purporting to be any other Indian, Indian Nation, Tribe, or band of Indians who are descendants from any of the progenitors analyzed in Section VIII of the Benealogical Report (including Appendices A and B thereto)--Proposed Finding--United Houma Nation, December 13, 1994, United States Department of the Interior, Bureau of Indian Affairs, Branch of Acknowledgment and Research, may have to aboriginal title, recognized title, or title by grant, patent, or treaty, to the lands or interests in real property (and improvements thereon) located anywhere in the United States, are hereby extinguished. (2) Exception.--Paragraph (1) shall not apply to any right, title, or interest in or to property in the possession of any such person or group on the date of enactment of this Act. (e) Bar to Future Claims.--The United States is hereby barred from asserting by or on behalf of the Tribe any claim arising before the date of enactment of this Act, from the transfer or conveyance of any real property (and improvements thereon) or natural resources by deed, act of sale, or other grant, or by treaty, compact, or act of law, on the grounds that such transfer or conveyance was not made in accordance with the laws of the State of Louisiana or laws of the United States. (f) Personal Claims Not Affected.--Nothing in this section shall be deemed to affect, diminish, or eliminate the personal claim of any individual member of the Tribe, or Indian, which is pursued under any law of general applicability (other than Federal common law fraud) that protects non-Indians as well as Indians. SEC. 6. BASE MEMBERSHIP ROLL. (a) In General.--Within one year after the date of enactment of this section, the Tribe shall submit to the Secretary its base membership roll. The base membership roll shall be developed and based upon the criteria set out in Article III, Section 1 of the ``Constitution of the United Houma Nation, Inc.'' (b) Future Membership.--The Tribe shall have the right to determine future membership in the Tribe; however, in no event may an individual be enrolled as a member of the Tribe unless the individual is a lineal descendant of a person on the base membership roll, and has continued to maintain political relations with the tribe. (c) Member.--For the purposes of this section, the term ``member'' means an enrolled member of the Tribe, as of the date of the enactment of this Act, or an individual who has been placed on the membership rolls of the Tribe in accordance with this section. SEC. 7. TRIBAL CONSTITUTION AND GOVERNANCE. (a) Indian Reorganization Act.--If the Tribe so elects, it may organize a tribal government under the Act of June 18, 1934 (25 U.S.C. 461 et seq.), commonly referred to as the ``Indian Reorganization Act''. Pursuant to any such election, the Tribe shall adopt any new constitution or other organic law in accordance with such Act. (b) Scope of Constitution.--Whether or not the tribe elects under subsection (a) to organize under such Act, the Tribe may exercise such authority as is consistent with this Act and its constitution.

United Houma Nation Recognition and Land Claims Settlement Act of 1996 - Grants Federal recognition to the United Houma Nation and establishes a trust relationship with the Tribe. Ratifies prior transfers of real property (and improvements thereon) or natural resources located anywhere within the United States from, by, or on behalf of the Tribe. Extinguishes aboriginal title, rights, interest, and claims by the Tribe and other Indians. Bars the United States from asserting any future claim arising by or on behalf of the Tribe from the transfer or conveyance of any real property (and improvements thereon) or natural resources before the enactment of this Act. Requires the Tribe to submit to the Secretary of the Interior its base membership roll. Allows the Tribe to elect to organize a tribal government under the Indian Reorganization Act and adopt any new constitution or other organic law in accordance with such Act.

United Houma Nation Recognition and Land Claims Settlement Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Access to Historical Records Act''. SEC. 2. OFFICIAL DATASET ON HISTORICAL TEMPERATURE RECORD. (a) Establishment of Official Dataset by NASA.--The Administrator of the National Aeronautics and Space Administration shall establish an official dataset on the historical temperature record. (b) Requirements for Dataset.-- (1) Use of raw data.--In establishing the dataset required by this section, the Administrator shall use the raw data relating to temperature collected by each applicable station and vessel and shall, for that purpose, reexamine applicable records collected by such stations and vessels and accurately quantify the statistical uncertainty (including estimates of random and bias errors) of each temperature observation and any subsequent products based on such observation. (2) Clear and full identification of gaps in data.--In establishing the dataset, the Administrator shall clearly and fully identify each gap that exists in temperature station data and temperature reading data. (3) Fill-in data.--If in establishing the dataset the Administrator supplies or fills in data to address a gap in temperature station data or temperature reading data, or for any other reason, the Administrator shall-- (A) clearly and fully identify the data so supplied or filled in as fill-in data; and (B) clearly and fully explain the rationale for supplying or filling in such data. (c) Panel on Use of Data for Establishment of Dataset.-- (1) In general.--The Administrator shall establish a panel to assist the Administrator in the establishment of the dataset required by this section. (2) Members.--The panel shall consist of seven individuals appointed by the Administrator from among individuals in the private sector with acknowledged expertise in meteorology and statistics who-- (A) do not have a significant financial interest in taking a position on the matter of global climate change; and (B) have not received funding from any department, agency, or entity of the Federal Government for activities relating to global climate research within the past five years. (3) Duties.--The panel shall assist the Administrator in establishing the dataset required by this section by-- (A) determining which land surface, sea surface, and satellite records shall be used in the establishment of the dataset; (B) establishing standards and criteria for determining confidence levels for the interpolation and extrapolation of historical average global temperatures over successive 25-year periods in the past; and (C) establishing a rationale for an average historical global temperature and a means of analysis for assessing the accuracy of such average. (d) Independent Verification and Validation of Dataset.-- (1) In general.--Not less often than once every three years, the Administrator shall enter into a contract with an appropriate entity that is independent of the Federal Government to perform a verification and validation of the dataset established under this section. (2) Appropriate entities.--An entity with which the Administrator enters into a contract under this subsection shall be an entity with personnel having the skills and expertise appropriate for the verification or validation (as the case may be) of the dataset, including the following: (A) For the verification, personnel with skills and expertise relating to computer programming and computer software development (including error handling). (B) For the validation, personnel with expertise in statistics and meteorology. (3) Responsibilities.--In carrying out the verification or validation of the dataset under a contract under this subsection, an entity shall carry out such activities with respect to the dataset as the Administrator shall specify in the contract, including a review of any data interpolation codes for purposes of identifying and eliminating bias. (4) Publication.--Any algorithms used, and any determinations made, in the verification and validation of the dataset pursuant to this subsection shall be made available to the public. SEC. 3. USE OF DATASET IN GLOBAL CLIMATE RESEARCH. (a) Use as Sole Source of Data.--Upon the completion of the establishment of the dataset on the historical temperature record required by section 2, any person or entity engaged in global climate research that is funded in whole or in part with funds from the Federal Government shall use the dataset as the source of data on the historical temperature record. (b) Use Among Multiple Sources of Data.--In publishing any findings or hypothesis on global climate change, any person or entity engaged in global climate research that is funded in whole or in part with funds from the Federal Government shall use the dataset described in subsection (a) as the primary source, or at least one of the primary sources, for historical global temperatures if such person or entity elects to consider multiple sources of such data. SEC. 4. PUBLIC RELEASE OF TEMPERATURE STATION DATA. (a) Release of Raw Data Required.--The Secretary of Commerce shall provide for the immediate release to the public, in unadjusted form, of all raw temperature station data from cooperative observers and automated stations collected by the National Climatic Data Center as of the date of the enactment of this Act. The data shall be released to the public in a digital electronic format. (b) Release of Certain Analyses.--The Secretary shall provide for the immediate release to the public of an analysis of the differences between the raw temperature datasets and the final temperature datasets collected and administered by the National Climatic Data Center as of the date of the enactment of this Act. The analysis shall be released to the public in digital numerical tabular form and in graphical form. One such graph shall show the raw temperature dataset line overlain with the final temperature dataset line over time. SEC. 5. ACCURACY OF DATA PROCESSING AND DATA ADJUSTMENT. (a) Data Processing.-- (1) Release to public.--The applicable Federal official shall publish on the Internet website of the agency concerned that is available to the public any coding or other algorithm used by such official in processing data for purposes of complying with the requirements of section 2 or 4, as the case may be, together with a notice of the availability of the review and correction of such coding or algorithm for quality, objectivity, utility, and integrity by such agency pursuant to the administrative mechanisms applicable to such agency under section 515(b)(2)(B) of the Information Quality Act. (2) Review.--Any request for the correction of coding or other algorithm under paragraph (1) shall be processed in accordance with the guidelines of the Information Quality Act applicable to the agency concerned not later than 30 days after receipt of such request by such agency. (b) Data Adjustment.-- (1) Methods to comply with information quality act.--The applicable Federal official may not use a method for the adjustment of data for purposes of complying with the requirements of section 2 or 4, as the case may be, unless such official ensures and certifies that such method complies with the guidelines of the Information Quality Act, including, but not limited to, requirements as follows: (A) To make available to the public (including through the Internet website of the agency concerned that is available to the public) the computer coding and a detailed explanation of the processes used in such adjustment of data. (B) To make available to the public (including through such Internet website) all peer review comments relating to the data being adjusted and the processes and algorithms used in such adjustment of data. (C) To make available to the public (including through such Internet website) a description of any previous changes in the data being adjusted and of the effect of such changes on trends, averages, and other statistical categories of such data. (D) To cite all applicable studies, reports, and peer reviewed papers using the data being adjusted or any earlier iterations of such data. (E) To use in such adjustment of data only data and adjustment processes and algorithms that are non- proprietary in nature. (F) To require that any agents and contractors relied upon in such adjustment of data are subject to section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''), regarding their activities in such adjustment of data. (2) Availability upon request.--Not later than 10 days after the date of receipt of a request therefor, the applicable Federal official shall make available the certification with respect to a method for the adjustment of data under paragraph (1), together with a description of such method sufficient to permit independent replication of the adjustment made by such method. (c) Definitions.--In this section: (1) The term ``applicable Federal official'' means the following: (A) The Administrator of the National Aeronautics and Space Administration for purposes of actions under section 2. (B) The Secretary of Commerce for purposes of actions under section 4. (2) The term ``Information Quality Act'' means section 515 of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by the Consolidated Appropriations Act, 2001 (Public Law 106-554; 114 Stat. 2763A-153)).

Public Access to Historical Records Act - Directs the Administrator of the National Aeronautics and Space Administration (NASA) to establish an official dataset on the historical temperature record. Requires NASA to use the raw data related to temperature that is collected by applicable stations and vessels and to quantify the statistical uncertainty of each temperature observation and any subsequent products based on that observation. Requires the gaps that exist in temperature station and temperature reading data to be clearly and fully identified. Creates a panel to assist the Administrator in the establishment of the dataset. Requires the Administrator, at least once every three years, to contract with an appropriate independent entity to perform a verification and validation of the dataset and requires the publication of any algorithms utilized, and any determinations made, in verifying and validating the dataset. Requires persons and entities engaged in global climate research funded by the federal government to use the dataset as a source of data on the historical temperature record. Directs the Secretary of Commerce to provide for the immediate release of: (1) all raw temperature station data from cooperative observers and automated stations collected by the National Climatic Data Center, and (2) an analysis of the differences between raw and final temperature datasets collected by the Center.

Public Access to Historical Records Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans to Work Pilot Program Act of 2009''. SEC. 2. VETERANS TO WORK PILOT PROGRAM. (a) Veterans to Work Program.--Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2856 the following new section: ``Sec. 2857. Veterans to Work Pilot Program ``(a) Pilot Program; Purposes.--The Secretary of Defense shall establish the Veterans to Work pilot program to determine-- ``(1) the maximum feasible extent to which apprentices may be employed to work on military construction projects designated under subsection (b); ``(2) the maximum feasible extent to which the apprentices so employed are veterans; and ``(3) the feasibility of expanding the employment of apprentices to military construction projects in addition to those projects designated under subsection (b). ``(b) Designation of Military Construction Projects for Pilot Program.--(1) For each of fiscal years 2011 through 2015, the Secretary of Defense shall designate for inclusion in the pilot program not less than 20 military construction projects (including unspecified minor military construction projects under section 2805(a) of this title) that will be conducted in that fiscal year. ``(2) In designating military construction projects under this subsection, the Secretary of Defense shall-- ``(A) to the greatest extent possible, designate military construction projects that are located where there are veterans enrolled in qualified apprenticeship programs or veterans who could be enrolled in qualified apprenticeship programs in a cost-effective, timely, and feasible manner; ``(B) ensure geographic diversity among the military construction projects designated; and ``(C) select projects to be carried out in the continental United States, Alaska, Hawaii, Guam, Puerto Rico, the Northern Mariana Islands, and the United States Virgin Islands. ``(3) Unspecified minor military construction projects may not exceed 40 percent of the military construction projects designated under this subsection for a fiscal year. ``(c) Contract Provisions.--Any agreement that the Secretary of Defense enters into for a military construction project that is designated for inclusion in the pilot program shall ensure that, to the maximum extent feasible, apprentices shall be employed on that military construction project and that, to the maximum extent feasible, such apprentices shall be veterans. ``(d) Qualified Apprenticeship and Other Training Programs.-- ``(1) Participation by each contractor required.--Each contractor and subcontractor that seeks to provide construction services on projects designated by the Secretary pursuant to subsection (b) shall submit adequate assurances with its bid or proposal that it participates in a qualified apprenticeship or other training program for each craft or trade classification of worker that it intends to employ to perform work on the project. ``(2) Definition of qualified apprenticeship or other training programs.-- ``(A) In general.--For purposes of this section, the term `qualified apprenticeship or other training program' means an apprenticeship or other training program that qualifies as an employee welfare benefit plan, as defined in section 3(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(1)). ``(B) Certification of other programs in certain localities.--In the event that the Secretary of Labor certifies that a qualified apprenticeship or other training program (as defined in subparagraph (A)) for a craft or trade classification of workers that a prospective contractor or subcontractor intends to employ, is not operated in the locality where the project will be performed, an apprenticeship or other training program that is not an employee welfare benefit plan (as defined in such section) may be certified by the Secretary as a qualified apprenticeship or other training program provided it is registered with the Office of Apprenticeship of the Department of Labor, or a State apprenticeship agency recognized by the Office of Apprenticeship for Federal purposes. ``(e) Report.--(1) Not later than 150 days after the end of each fiscal year during which the pilot program is active, the Secretary of Defense shall submit to Congress a report that includes the following: ``(A) The progress of designated military construction projects and the role of apprentices in achieving that progress. ``(B) Any challenges, difficulties, or problems encountered in recruiting apprentices or in recruiting veterans to become apprentices. ``(C) Cost differentials in the designated military construction projects compared to similar projects completed contemporaneously, but not designated for the pilot program. ``(D) Evaluation of benefits derived from employing apprentices, including the following: ``(i) Workforce sustainability. ``(ii) Workforce skills enhancement. ``(iii) Increased short- and long-term cost- effectiveness. ``(iv) Improved veteran employment in sustainable wage fields. ``(E) Any additional benefits derived from employing apprentices and veteran apprentices. ``(F) Recommendations on how to more effectively employ apprentices in subsequent fiscal years. ``(G) Any other information the Secretary of Defense determines appropriate. ``(2) Not later than March 1, 2016, the Secretary of Defense shall submit to Congress a report that-- ``(A) analyzes the pilot program in terms of its effect on the sustainability of a workforce to meet the military construction needs of the Armed Forces; ``(B) studies overall improvements in veteran employment in sustainable wage fields or professions; and ``(C) makes recommendations on the continuation, modification, or expansion of the pilot program on the basis of such factors as the Secretary of Defense determines appropriate, including the following: ``(i) Workforce sustainability. ``(ii) Cost-effectiveness. ``(iii) Community development. ``(f) Definitions.--In this section: ``(1) The term `apprentice' means an individual who is employed pursuant to, and individually registered in, a `qualified apprenticeship or other training program,' as defined in subsection (d)(2)(A) or other apprenticeship or training programs recognized in accordance with subsection (d)(2)(B). ``(2) The term `pilot program' means the Veterans to Work pilot program established under subsection (a). ``(3) The term `State' means any of the States, the District of Columbia, or territories of Guam, Puerto Rico, the Northern Mariana Islands, and the United States Virgin Islands. ``(4) The term `veteran' has the meaning given such term under section 101(2) of title 38.''. (b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2856 the following new item: ``2857. Veterans to Work Pilot Program.''.

Veterans to Work Pilot Program Act of 2009 - Directs the Secretary of Defense (DOD) to establish the Veterans to Work pilot program to determine: (1) the maximum extent to which apprentices may be employed on designated military construction projects; (2) the maximum extent to which such apprentices are veterans; and (3) the feasibility of expanding the employment of apprentices to military construction projects other than those designated. Requires the Secretary, for each of FY2011-FY2015, to designate for the pilot program at least 20 military construction projects, taking into account specified considerations. Requires each contractor or subcontractor on a designated project to assure that it participates in a qualified apprenticeship or other training program for each craft or trade classification of worker that it intends to employ on the construction project.

To amend title 10, United States Code, to establish the Veterans to Work Program providing for the employment of individuals, especially veterans, who participate in apprenticeship programs on designated military construction projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Positive Behavior for Effective Schools Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Educators, parents, and the general public cite a lack of discipline as a leading challenge facing many public schools. (2) Negative and reactive school management practices, such as metal detectors or surveillance cameras, and zero tolerance or other get-tough approaches to school discipline, are ineffective and often counterproductive. (3) Learning is linked to student behavior. Successful schools implement high academic and behavior standards, where improvements in student behavior and school climate are correlated with improved academic outcomes. (4) Effective implementation of positive behavior supports is linked to greater academic achievement, significantly fewer disciplinary problems, lower suspension and expulsion rates, and increased time for instruction. (5) Evidence-based and scientifically valid practices for improving behavior and creating a school climate more conducive to learning have not been widely adopted, accurately implemented, or sustained. (6) Early intervening services are an effective strategy for instructional support. Following implementation of positive behavior support, out-of-school suspensions at an elementary school in Illinois decreased 85 percent, from 243 to 37 or fewer in 2 subsequent years, with a resultant gain of 386 days of instructional time. The percentage of students meeting or exceeding proficiency on State standards increased measurably. (7) Problem behaviors can be minimized with effective positive behavior support, including active supervision, positive feedback, and social skills instruction, which reduce the need for more intensive and more costly interventions. Upon implementing such supports, an elementary school in Maryland witnessed a decrease in office discipline referrals for major rule violations by 42 percent, recouping 119 days of instructional time for students, and 40 days of administrator time, within 1 school year. (8) Schools that implement school-wide positive behavior supports are perceived by teachers to be safer teaching environments. In South Carolina, a school using a system of positive behavior supports found that teacher transfer requests declined by 100 percent and teacher absence days decreased by 36 percent. (9) When approaches such as positive behavior support are paired with effective interventions and services for students with significant needs, all students, including those with the most challenging behaviors, can succeed. (b) Purposes.--The purposes of this Act are to expand the use of positive behavior supports and other early intervening services in schools in order to systematically create a school climate that is highly conducive to learning, to reduce discipline referrals, and to improve student academic outcomes. SEC. 3. DEFINITION OF POSITIVE BEHAVIOR SUPPORT. In this Act, the term ``positive behavior support'' means a systematic approach to embed proven practices for early intervening services, including a range of systemic and individualized strategies to reinforce desired behaviors and eliminate reinforcement for problem behaviors, in order to achieve important social outcomes and increase student learning, while preventing problem behaviors. SEC. 4. SCHOOLWIDE POSITIVE BEHAVIOR SUPPORT. (a) Flexibility To Use Title I Funds To Implement School-Wide Positive Behavior Support.-- (1) In general.--Section 1003(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6303(b)) is amended-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by inserting ``(1)'' before ``Of the amount''; and (C) by adding at the end the following: ``(2) Of the amount reserved under subsection (a) for any fiscal year, the State educational agency may allocate funds to develop and implement coordinated, early intervening services (including school- wide positive behavior supports) for all students, including those who have not been identified as needing special education but who need additional academic and behavioral support to succeed in a general education environment. Funds so allocated shall be-- ``(A) aligned with funds authorized under section 613(f) of the Individuals with Disabilities Education Act; and ``(B) used to supplement, and not supplant, funds made available under such Act for such activities and services.''. (2) Technical assistance.--The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended-- (A) in section 1116(b)(4)(B)-- (i) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (ii) by inserting after clause (ii) the following: ``(iii) shall include assistance in implementation of school-wide positive behavior supports and other approaches with evidence of effectiveness for improving the learning environment in the school;''; (B) in section 1117(a)(3), by inserting ``any technical assistance center on schoolwide positive behavior supports funded under section 665(b) of the Individuals with Disabilities Education Act,'' after ``2002),''; and (C) in section 1117(a)(5)(B)-- (i) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (ii) by inserting after clause (ii) the following: ``(iii) review the number of discipline referrals in the school and the overall school climate and engagement of families, and use that information to assist the school to implement school-wide positive behavior supports or other early intervening services, or both;''. (b) LEA Flexibility To Improve School Climate.--Section 1114(b)(1)(B)(iii)(I) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314(b)(1)(B)(iii)(I)) is amended-- (1) by redesignating items (bb) and (cc) as items (cc) and (dd), respectively; and (2) by inserting after item (aa) the following: ``(bb) improving the learning environment in the school, including the implementation of school-wide positive behavioral supports, in order to improve academic outcomes for students;''. SEC. 5. TEACHER AND PRINCIPAL PREPARATION TO IMPROVE SCHOOL CLIMATE. Section 2122(c)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6622(c)(2)) is amended-- (1) by striking ``subject matter knowledge and teaching skills'' and inserting ``subject matter knowledge, teaching skills, and an understanding of social or emotional, or both, learning in children and approaches that improve the school climate for learning (such as positive behavior support)''; and (2) by inserting ``to improve the teachers' schools' climate for learning'' after ``instructional leadership skills to help teachers''. SEC. 6. SAFE AND DRUG FREE SCHOOLS AND COMMUNITIES. Section 4002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7102) is amended-- (1) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and (2) by striking all that precedes paragraph (2) and inserting the following: ``The purpose of this part is to support programs that improve the whole school climate in order to foster learning, including programs that prevent discipline problems, that prevent violence in and around schools, that prevent the illegal use of alcohol, tobacco, and drugs, that involve parents and communities in the school programs and activities, and that are coordinated with related Federal, State, school, and community efforts and resources to foster a safe and drug-free learning environment that supports student academic achievement, through the provision of Federal assistance to-- ``(1) States for grants to local educational agencies and consortia of such agencies to establish, operate, and improve local programs relating to improving the school-wide climate (including implementation of positive behavior supports and other programs);''. SEC. 7. EARLY INTERVENING SERVICES UNDER SCHOOL COUNSELORS PROGRAM. Section 5421(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7245(b)(2)) is amended-- (1) by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively; and (2) by inserting after subparagraph (B) the following: ``(C) describe how the local educational agency will address the need for early intervening services that improve the school climate for learning, such as through schoolwide positive behavior supports;''. SEC. 8. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES. The Department of Education Organization Act (20 U.S.C. 3401 et seq.) is amended by adding at the end of title II the following: ``SEC. 221. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES. ``(a) In General.--There shall be, within the Office of the Deputy Secretary in the Department of Education, an Office of Specialized Instructional Support Services (referred to in this section as the `Office'). ``(b) Purpose.--The purpose of the Office shall be to administer, coordinate, implement, and ensure adequate evaluation of the effectiveness of programs and activities concerned with providing specialized instructional support services in schools, delivered by trained, qualified specialized instructional support personnel. ``(c) Director.--The Office established under subsection (a) shall be headed by a Director who shall be selected by the Secretary and report directly to the Deputy Secretary of Education. ``(d) Activities.--In carrying out subsection (b), the Director shall support activities to-- ``(1) improve specialized instructional support services in schools in order to improve academic achievement and educational results for students; ``(2) identify scientifically valid practices in specialized instructional support services that support learning and improve academic achievement and educational results for students; ``(3) provide continuous training and professional development opportunities for specialized instructional support personnel and other school personnel in the use of effective techniques to address academic, behavioral, and functional needs; ``(4) provide technical assistance to local educational agencies and State educational agencies in the provision of effective, scientifically valid, specialized instructional support services; ``(5) coordinate specialized instructional support services programs and services in schools between the Department of Education and other Federal agencies, as appropriate; and ``(6) ensure evaluation of the effectiveness of the activities described in this subsection, as directed by the Secretary and Deputy Secretary. ``(e) Specialized Instructional Support Personnel; Specialized Instructional Support Services.--In this section: ``(1) Specialized instructional support personnel.--The term `specialized instructional support personnel' means school counselors, school social workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary corrective or supportive services (including related services, as such term is defined in section 602 of the Individuals with Disabilities Education Act) as part of a comprehensive program to meet student needs. ``(2) Specialized instructional support services.--The term `specialized instructional support services' means the services provided by specialized instructional support personnel, including any other corrective or supportive services to meet student needs.''. SEC. 9. DEFINITION IN ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965. Section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended-- (1) by redesignating paragraphs (33) through (43) as paragraphs (34) through (44); and (2) by inserting after paragraph (32) the following: ``(33) Positive behavior support.--The term `positive behavior support' means a systematic approach to embed proven practices for early intervening services, including a range of systemic and individualized strategies to reinforce desired behaviors and eliminate reinforcement for problem behaviors, in order to achieve important social outcomes and increase student learning, while preventing problem behaviors.''.

Positive Behavior for Effective Schools Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow states to allocate school improvement funds under title I of the ESEA for coordinated, early intervention services for all students. Includes among such services, schoolwide positive behavior support, defined as a systematic approach to embed proven practices for early intervention services in order to achieve important social outcomes and increase student learning, while preventing problem behaviors. Requires improvements in schoolwide learning climates, including schoolwide positive behavior supports, to be a target of: (1) technical assistance provided by states to local educational agencies (LEAs) and schools, and by LEAs to schools identified as needing improvement; (2) schoolwide programs that allow LEAs to consolidate educational funds to upgrade the entire educational program of schools that serve a high proportion of low-income families; (3) professional development funding; (4) funding under the Safe and Drug-Free Schools and Communities program; and (5) elementary and secondary school counseling programs. Amends the Department of Education Organization Act to establish, within the Department of Education, an Office of Specialized Instructional Support Services to oversee, implement, and ensure adequate evaluation of, the provision of specialized instructional support services in schools by school counselors, social workers, psychologists, and other qualified professionals.

A bill to amend the Elementary and Secondary Education Act of 1965 to allow State educational agencies, local educational agencies, and schools to increase implementation of early intervention services, particularly school-wide positive behavior supports.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Secondary Payer Enhancement Act of 2010''. SEC. 2. CALCULATION AND DIRECT PAYMENT OF MSP CLAIMS. (a) Calculation and Direct Reimbursement of Conditional Payment for Settlement Purposes.-- (1) Section 1862(b)(2)(B) of the Social Security Act (42 U.S.C. 1395y(b)(2)(B)) is amended by adding at the end the following new clause: ``(vii)(I) Voluntary calculation and payment of conditional payment.--In the case of a settlement, judgment, award, or other payment between a claimant and an applicable plan (as defined in paragraph (8)(F)) involving a payment made by the Secretary pursuant to clause (i) for items and services provided to the claimant, for purposes of determining the amount of reimbursement required under clause (ii) to the appropriate Trust Fund during the 90-day period preceding the reasonably expected date of such settlement, judgment, award, or other payment, the claimant and plan may-- ``(aa) in good faith calculate the amount of such reimbursement required based upon available billing data for such items and services provided; and ``(bb) reimburse such amount to the appropriate Trust Fund, in accordance with regulations promulgated by the Secretary. With respect to a payment made under clause (i) for items and services provided to a claimant and subject to subclause (II), any reimbursement made in accordance with this subclause shall satisfy any obligation of the claimant and the applicable plan under this subsection. ``(II) Secretary's ability to contest amount of payment.--In the case of a reimbursement made to the appropriate Trust Fund under subclause (I), during the 75-day period beginning on the date of such reimbursement, if the Secretary determines such reimbursement made is not the total amount owed under this subparagraph the Secretary shall have the right to contest the amount of such reimbursement made and to serve upon the claimant and applicable plan a final demand for the balance of the remaining amount so owed. The claimant or applicable plan may make a reimbursement to the appropriate Trust Fund in the amount of such balance determined by the Secretary or may pursue appeal of the amount of the reimbursement determined by the Secretary pursuant to the appeals process under clause (ix). In any such appeal, the burden of proof shall be on the claimant or applicable plan to demonstrate that the reimbursement made to the appropriate Trust fund under subclause (I) was correct. ``(viii)(I) Request for final demand for reimbursement.--In the case of a settlement, judgment, award, or other payment between a claimant and an applicable plan (as defined in paragraph (8)(F)) involving a payment made by the Secretary pursuant to clause (i) for items and services provided to the claimant, the claimant or applicable plan may at any time beginning 120 days prior to the reasonably expected date of such settlement, judgment, award, or other payment, submit to the Secretary, in accordance with regulations to be promulgated by the Secretary, a request for a recovery demand letter for reimbursement required under clause (ii) of such payment. The Secretary shall have 60 days to respond to such request with such final demand. Not later than 60 days after the date of receipt of such final demand, the claimant or applicable plan may reimburse the appropriate Trust Fund for such payment in the amount identified in such final demand, in accordance with regulations promulgated by the Secretary. With respect to a payment made under clause (i) for items and services provided to a claimant, any such reimbursement made in accordance with this subclause shall satisfy any obligations of the claimant and the applicable plan under this subsection. ``(II) Failure of the secretary to provide final demand for conditional payment.--In the case that the Secretary fails to provide a final demand for any item or service subject to reimbursement required under clause (ii) in accordance with subclause (I), the claimant, applicable plan, or an entity that receives payment from an applicable plan shall not be liable for and shall not be obligated to make payment subject to this subsection for any item or service related to the request for final demand for reimbursement. ``(ix) Right of appeal.--The Secretary shall promulgate regulations establishing a right of appeal and appeals process, with respect to any requirement under clause (ii) for a payment made under this title for an item or service under a primary plan, under which the applicable plan involved, or an attorney, agent, or third party administrator on behalf of such applicable plan may appeal such requirement. Such right of review shall-- ``(I) include review through an administrative law judge and administrative review board, and access to judicial review in the district court of the United States for the judicial district in which the appellant is located (or, in the case of an action brought jointly by more than one applicant, the judicial district in which the greatest number of applicants are located) or in the District Court for the District of Columbia; and ``(II) be carried out in a manner similar to the appeals procedure used for purposes of subsection (a).''. (2) Conforming amendment.--Clause (ii) of such section is amended by inserting after ``60-day'' the following ``(or in the case of an applicable plan and reimbursement described in clause (vii) or (viii), 90-day)''. SEC. 3. THRESHOLD. (a) In General.--Section 1862(b)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395y(b)(2)(B)(ii)) is amended-- (1) by striking ``(ii) repayment required.--A primary plan'' and inserting the following: ``(ii) Repayment required.-- ``(I) In general.--A primary plan''; and (2) by adding at the end the following new subclause: ``(II) Exception.--Subclause (I) shall not apply with respect to the following payments under this title: ``(aa) Any settlement, judgment, award, or other payment by an applicable plan constituting a total payment obligation to a claimant of not more than $5,000. ``(bb) Any settlement, judgment, award, or other payment by an applicable plan involving the ongoing responsibility for medical payments not otherwise addressed in subclause (I), of not more than $5,000. For purposes of this subclause and with respect to a settlement, judgment, award, or other payment payments not otherwise addressed in subclause (I) involving the ongoing responsibility for medical payments, such payment shall include only the cumulative value of the medical payments made and the purchase price of any annuity or similar instrument. The amounts under this subclause shall be adjusted each year based on the percentage increase in the Consumer Price Index (rounded to the nearest multiple of $100) for the year involved.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to payments made on or after 3 months after the date of the enactment of this Act. SEC. 4. REPORTING REQUIREMENT SAFE HARBORS. Section 1862(b)(8) of the Social Security Act (42 U.S.C. 1395y(b)(8)) is amended-- (1) in the first sentence of subparagraph (E)(i), by striking ``shall be subject'' and all that follows through the end of the sentence and inserting the following: ``may be subject to a civil money penalty of up to $1,000 for each day of noncompliance. The severity of each such penalty shall be based on the intentional nature of the violation.''; and (2) by adding at the end the following new subparagraph: ``(I) Safe harbors.--Not later than 60 days after the date of the enactment of this subparagraph, the Secretary shall publish a notice in the Federal Register soliciting proposals, which will be accepted during a 60-day period, for the creation of safe harbors from sanctions imposed under subparagraph (E) under which entities responsible for reporting information under this paragraph will be deemed to have complied with the reporting requirements under this paragraph and will not be subject to such sanctions. After considering the proposals submitted pursuant to the preceding sentence, the Secretary, in consultation with the Attorney General, shall publish in the Federal Register, including a 60-day period for comment, proposed safe harbors. After considering any public comments received during such period, the Secretary shall issue final rules establishing safe harbors from penalties or other sanctions under subparagraph (E).''. SEC. 5. USE OF SOCIAL SECURITY NUMBERS AND OTHER IDENTIFYING INFORMATION IN REPORTING. Section 1862(b)(8)(B) of the Social Security Act (42 U.S.C. 1395y(b)(8)(B)) is amended by adding at the end (after and below clause (ii)) the following sentence: ``Not later than one year after the date of enactment of the Medicare Secondary Payer Enhancement Act of 2010, the Secretary shall modify the reporting requirements under this paragraph so that entities responsible for reporting information under this paragraph are not required to access or report to the Secretary beneficiary social security numbers or health identification claim numbers.''. SEC. 6. STATUTE OF LIMITATIONS. (a) In General.--Section 1862(b)(2)(B)(iii) of the Social Security Act (42 U.S.C. 1395y(b)(2)(B)(iii)) is amended by adding at the end the following sentence: ``Every action brought by the United States or an officer or agency thereof under this clause shall be barred unless the complaint is filed not later than three years after the date of the receipt of notice of a settlement or other payment giving rise to recovery of a payment made pursuant to paragraph (8).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to actions brought on or after 6 months after the date of the enactment of this Act. SEC. 7. USER FEE. Section 1862(b) of the Social Security Act (42 U.S.C. 1395y(b)) is amended by adding the following new paragraph: ``(9) User fees.-- ``(A) In general.--Beginning 90 days after the date of the enactment of the Medicare Secondary Payer Enhancement Act of 2010, and annually thereafter for the 10-year period beginning on such date of enactment, the Secretary shall assess and collect fees in accordance with this paragraph as follows: ``(i) Direct conditional payment reimbursement fee.--Each person or entity that submits a payment to fulfill the reimbursement requirement pursuant to paragraph (2)(B)(vii) shall be subject to a fee of $30 for each payment reimbursed to the Secretary. ``(ii) Request for final demand of conditional payment fee.--Each person that submits a request for a recover demand letter of conditional payment under paragraph (2)(B)(viii) shall be subject to a fee of $30 for each such request submitted to the Secretary. In the case of a person or entity that pays a fee under this clause, such person or entity shall not also be subject to the fee under clause (i). ``(B) Inflation adjustment.--For fiscal year 2010 and subsequent fiscal years, the amount of the fees specified in subparagraph (A) shall be adjusted by the Secretary by notice, published in the Federal Register, to reflect any percent changes in the Consumer Price Index for all urban consumers (all items; U.S. city average) for the 12 month period ending June 30 of the preceding fiscal year. ``(C) Collection of unpaid fees.--In any case where the Secretary does not receive payment of a fee assessed under subparagraph (A) by the date that is 30 days after the date such fee is due, such fee shall be treated as a claim of the United States Government subject to subchapter II of chapter 37 of title 31, United States Code.''.

Medicare Secondary Payer Enhancement Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act with respect to any settlement, judgment, award, or other payment between a Medicare claimant and an applicable plan involving a payment made for items and services by the Secretary of Health and Human Services (HHS). Prescribes requirements for a voluntary calculation and direct reimbursement by a Medicare claimant and an applicable plan to the Hospital Insurance Trust Fund or the Supplementary Medical Insurance Trust Fund, as appropriate, of a conditional payment of Medicare secondary payer claims for settlement purposes. Grants the Secretary the right to contest the amount of any such reimbursement, and the right of the claimant and plan to request a final recovery demand for reimbursement. Declares that requirements to reimburse the appropriate Trust Fund for any payment made by the Secretary with respect to an item or service shall not apply with respect to any settlement, judgment, award, or other payment by an applicable plan: (1) constituting a total payment obligation to a claimant of not more than $5,000; or (2) involving the ongoing responsibility for other medical payments of not more than $5,000. Changes from mandatory to discretionary the current civil money penalty for failure of an applicable plan to submit certain information to the Secretary with respect to any claimant. Prescribes requirements for the creation of safe harbors from such sanctions. Directs the Secretary to modify reporting requirements for liability insurance (including self-insurance), no fault insurance, and workers' compensation laws and plans so that entities responsible for reporting information are not required to access or report to the Secretary beneficiary Social Security numbers or health identification numbers. Sets a statute of limitations with respect to the recovery of payments by the United States. Establishes $30 user fees, adjusted annually for inflation, for requests submitted to the Secretary for direct conditional payment reimbursement and for final demand of a conditional payment.

To amend title XVIII of the Social Security Act with respect to the application of Medicare secondary payer rules for certain claims.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Red Rock Canyon National Conservation Area Protection and Enhancement Act of 2002''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Corporation.--The term ``Corporation'' means The Howard Hughes Corporation, an affiliate of the Rouse Company, with its principal place of business at 10000 West Charleston Boulevard, Las Vegas, Nevada. (2) Red rock.--The term ``Red Rock'' means the Red Rock Canyon National Conservation Area, consisting of approximately 195,780 acres of public lands in Clark County, Nevada, specially designated for protection in the Red Rock Canyon National Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc et seq.), as depicted on the Red Rock Map. (3) Red rock map.--The term ``Red Rock Map'' means the map entitled ``H.R. 4141-Boundary Modifications'', dated July 1, 2002. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) Red Rock is a natural resource of major significance to the people of Nevada and the United States. It must be protected in its natural state for the enjoyment of future generations of Nevadans and Americans, and enhanced wherever possible. (2) In 1998, the Congress enacted the Southern Nevada Public Lands Management Act of 1998 (Public Law 105-263), which provided among other things for the protection and enhancement of Red Rock. (3) The Corporation owns much of the private land on Red Rock's eastern boundary, and is engaged in developing a large- scale master-planned community. (4) Included in the Corporation's land holdings are 1,071 acres of high-ground lands at the eastern edge of Red Rock. These lands were intended to be included in Red Rock, but to date have not been acquired by the United States. The protection of this high-ground acreage would preserve an important element of the western Las Vegas Valley view-shed. (5) The Corporation has volunteered to forgo development of the high-ground lands, and proposes that the United States acquire title to the lands so that they can be preserved in perpetuity to protect and expand Red Rock. (b) Purposes.--This Act has the following purposes: (1) To accomplish an exchange of lands between the United States and the Corporation that would transfer certain high- ground lands to the United States in exchange for the transfer of other lands of approximately equal value to the Corporation. (2) To protect Red Rock and to expand its boundaries as contemplated by the Bureau of Land Management, as depicted on the Red Rock Map. (3) To further fulfill the purposes of the Southern Nevada Public Lands Management Act of 1998 and the Red Rock Canyon National Conservation Area Establishment Act of 1990. SEC. 4. RED ROCK LAND EXCHANGE. (a) Acquisition Requirement.--If the Corporation offers to convey to the United States all right, title, and interest in and to the approximately 1,082 acres of nonfederal land owned by the Corporation and depicted on the Red Rock Map as ``OFFERED LANDS TO BE INCORPORATED INTO NCA'', the Secretary shall accept such offer on behalf of the United States, and not later than 90 days after the date of the offer, except as otherwise provided in this Act, shall make the following conveyances: (1) To the Corporation, the approximately 998 acres of Federal lands depicted on the Red Rock Map as ``BLM LANDS SELECTED FOR EXCHANGE''. (2) To Clark County, Nevada, the approximately 1,221 acres of Federal lands depicted on the Red Rock Map as ``BLM LANDS FOR CLARK COUNTY PARK''. (b) Simultaneous Conveyances.--Title to the private property and the Federal property to be conveyed pursuant to this section shall be conveyed at the same time. (c) Map.--The Secretary shall keep the Red Rock Map on file and available for public inspection in the Las Vegas District Office of the Bureau of Land Management in Nevada, and the State Office of the Bureau of Land Management, Reno, Nevada. (d) Conditions-- (1) Hazardous materials.--As a condition of the conveyance under subsection (a)(1), the Secretary shall require that the Corporation be responsible for removal of and remediation related to any hazardous materials that are present on the property conveyed to the United States under subsection (a). (2) Survey.--As a condition of the conveyance under subsection (a)(1), the Secretary shall require that not later than 90 days after the date of the offer referred to in subsection (a), the Corporation shall provide a metes and bounds survey, that is acceptable to the Corporation, Clark County, and the Secretary, of the common boundary between the parcels of land to be conveyed under subsection (a). (3) Lands conveyed to clark county.--As a condition of the conveyance under subsection (a)(2), the Secretary shall require that-- (A) the lands transferred to Clark County by the United States must be held in perpetuity by the County for use only as a public park or as part of a public regional trail system; and (B) if the County attempts to transfer the lands or to undertake a use on the lands that is inconsistent with their preservation and use as described in subparagraph (A), such lands shall revert to the United States. SEC. 5. STATUS AND MANAGEMENT OF LANDS. (a) Inclusion of Basin Lands.--Upon the date of the enactment of this Act, the Secretary shall administer the lands depicted on the Red Rock Map as ``Flood Control Detention Basin Lands'', exclusive of those lands used for the Corps of Engineers R-4 Detention Basin, as part of Red Rock and in accordance with the Red Rock Canyon National Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc et seq.), the Southern Nevada Public Lands Management Act of 1998 (Public Law 105-263), and all other applicable laws. (b) Inclusion of Acquired Lands; Maps Reflecting Boundary Adjustments.--Upon acquisition by the United States of lands under this Act, the Secretary shall-- (1) administer the lands as part of Red Rock and in accordance with the Red Rock Canyon National Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc et seq.), the Southern Nevada Public Lands Management Act of 1998 (Public Law 105-263), and all other applicable laws; and (2) create new maps showing the boundaries of Red Rock as modified by or pursuant to this Act, and make such maps available for review at the Las Vegas District Office of the Bureau of Land Management and the State Office of the Bureau of Land Management, Reno, Nevada. (c) Conforming Amendment.--Section 3(a)(2) of the Red Rock Canyon National Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc- 1(a)(2)) is amended by inserting before the period the following: ``, and such additional areas as are included in the conservation area pursuant to the Red Rock Canyon National Conservation Area Protection and Enhancement Act of 2002''. SEC. 6. GENERAL PROVISIONS. (a) Review of Appraisal.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall complete a review of the appraisal entitled ``Complete Self-Contained Appraisal Red Rock Exchange, Las Vegas, Nevada'', completed on or about June 3, 2002. The difference in appraisal values shall be reimbursed to the Secretary by the Corporation in accordance with the Southern Nevada Public Lands Management Act of 1998. (b) Valid Existing Rights.--The land exchange under this Act shall be subject to valid existing rights. Each party to which property is conveyed under this Act shall succeed to the rights and obligations of the conveying party with respect to any lease, right-of-way, permit, or other valid existing right to which the property is subject. (c) Technical Corrections.--Nothing in this Act prohibits the parties to the conveyances under this Act from agreeing to the correction of technical errors or omissions in the Red Rock Map. (d) Withdrawal of Affected Lands.--To the extent not already accomplished under law or administrative action, the Secretary shall withdraw from operation of the public land and mining laws, subject to valid existing rights-- (1) those Federal lands acquired by the United States under this Act; and (2) those Federal lands already owned by the United States on the date of the enactment of this Act but included within the Red Rock National Conservation Area boundaries by this Act. Passed the House of Representatives October 1, 2002. Attest: Clerk.

Red Rock Canyon National Conservation Area Protection and Enhancement Act of 2002 - (Sec. 4) Directs the Secretary of the Interior, if the Howard Hughes Corporation offers to convey to the United States certain high-ground lands (at the eastern edge of the Red Rock Canyon National Conservation Area), to accept such offer and convey: (1) specified Federal lands to the Corporation; and (2) specified other Federal lands to Clark County, Nevada.Directs the Secretary to require, as conditions of such conveyance, that: (1) the Corporation be responsible for removal of and remediation related to any hazardous materials that are present on the property conveyed to the United States; (2) the Corporation provide a metes and bounds survey of the common boundary between the parcels of land to be conveyed that is acceptable to the Corporation, Clark County, and the Secretary; and (3) the lands transferred to the County must be used only as a public park or as part of a public regional trail system.(Sec. 5) Requires the Secretary to administer certain flood control detention basin lands and lands acquired under this Act as part of the Conservation Area and in accordance with the Red Rock Canyon National Conservation Area Establishment Act of 1990, the Southern Nevada Public Lands Management Act of 1998, and all other applicable laws.(Sec. 6) Directs the Secretary to complete a review of the Complete Self-Contained Appraisal Red Rock Exchange, Las Vegas, Nevada. Requires the difference in appraisal values to be reimbursed to the Secretary by the Corporation. Withdraws from operation of the public land and mining laws those Federal lands acquired by the United States under this Act and those Federal lands already owned by the United States but included within the Conservation Area's boundaries pursuant to this Act.

To authorize the acquisition by exchange of lands for inclusion in the Red Rock Canyon National Conservation Area, Clark County, Nevada, and for other purposes.

SECTION 1. CENTER FOR SCIENTIFIC AND TECHNICAL ASSESSMENT. (a) Establishment.--There shall be established a Center for Scientific and Technical Assessment (in this section referred to as the ``Center'') to provide timely advice to the Congress on scientific and technical aspects of public policy issues. The Center shall be administered by a Director. (b) Technical Assessment Board.-- (1) Establishment and purpose.--There shall be established a Technical Assessment Board whose purpose shall be to provide guidance to the Director of the Center to ensure that the Center provides timely and useful responses to congressional requests. (2) Membership.--The Technical Assessment Board established under paragraph (1) shall consist of-- (A) 6 members of the Senate appointed by the President Pro Tempore of the Senate, including 3 from the majority party and 3 from the minority party; (B) 6 members of the House of Representatives appointed by the Speaker of the House of Representatives, including 3 from the majority party and 3 from the minority party; (C) the Comptroller General; and (D) the Director of the Congressional Research Service and the Director of the Center, who shall be nonvoting members. Service as a member on the Technical Assessment Board shall not be construed under the rules of the House of Representatives or the Senate as service as a member of a House of Representatives or Senate Committee. (3) Vacancies.--Vacancies in the membership of the Technical Assessment Board shall not affect the authority of the remaining members to act, and such vacancies shall be filled in the same manner as in the case of the original appointment. (4) Chairman and vice chairman.--There shall be selected at the beginning of each Congress a chairman and a vice chairman, one of whom shall be a member of the Senate selected by the members of the Technical Assessment Board who are members of the Senate from among their number, and one of whom shall be a member of the House of Representatives selected by the members of the Technical Assessment Board who are members of the House of Representatives from among their number. The chairmanship and vice chairmanship shall alternate between the Senate and the House of Representatives with each year. The chairman during each odd-numbered year shall be a member of the House of Representatives. The vice chairman shall act in the place of the chairman in the absence of the chairman. (5) Authority to act.--The Technical Assessment Board established under this subsection may sit and act at such places and times as it chooses, including during the sessions, recesses, and adjourned periods of Congress. (c) Director and Deputy Director.-- (1) Director.--The Director of the Center shall be appointed by the Comptroller General with the approval of the Technical Assessment Board and shall serve for a term of 6 years unless sooner removed by the Technical Assessment Board. The Director shall receive basic pay at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Powers and duties.--In addition to the powers and duties vested by this section, the Director shall exercise such powers and duties as may be delegated by the Technical Assessment Board. The Director, with the permission of the Comptroller General, shall have the authority to hire, remove, or promote permanent staff and enter into contracts for consultants, expert analysis, and peer reviewers described in subsection (f). In consultation with the Technical Assessment Board and with the approval of the Comptroller General, the Director shall prepare the annual budget for the Center for submission to Congress. (3) Deputy director.--The Director may appoint, with the approval of the Comptroller General, a Deputy Director who shall perform such functions as the Director may prescribe and who shall be Acting Director during the absence or incapacity of the Director or in the event of a vacancy in the office of Director. The Deputy Director shall receive basic pay at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (4) Conflicts of interest.--Neither the Director nor the Deputy Director shall engage in any other business, vocation, or employment than that of serving as such Director or Deputy Director, as the case may be; nor shall the Director or Deputy Director, except with the approval of the Comptroller General, hold any office in, or act in any capacity for, any organization, agency, or institution with which the Center makes any contract or other arrangement under this section. (d) Congressional Requests.-- (1) In general.--Any member of Congress may make requests to the Technical Assessment Board that the Center conduct an investigation and report to the requester, within a specified time period, on any matter relating to scientific and technical assessment. (2) Formal calls for requests.--The chairman of the Technical Assessment Board established under subsection (b) shall submit to all members of Congress formal calls for requests under this subsection. (3) Prioritization.--Requests under paragraph (1) shall be addressed by the Center in accordance with the following priority order: (A) Requests with bipartisan and bicameral support. (B) Requests with bipartisan support. (C) Requests from other members. The Director, with the approval of the Technical Assessment Board, may determine the final priority for consideration of and fulfilling requests among and within each category described in subparagraphs (A) through (C). (e) Advisory Panels.--The Director may establish an advisory panel as necessary to support each technical assessment report provided by the Center. Such panels shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (f) Peer Review.--Each report requested under this subsection shall be subject to peer review before delivery to the committee or member of Congress requesting the report. Such peer review shall consist of rigorous vetting, checking, criticism, and recommendations for improvement by independent, qualified experts in the various aspects of the subject of the request under study. Independent experts shall assess each Center report by considering the scientific method, factual accuracy, results, and conclusions put forward by the authors. The peer reviewers' comments shall be given to the report authors to allow for change, improvement, and modification of the report before delivery to the Director. After final review by the Director, and the approval of the Technical Assessment Board, the report shall be delivered to the committee or member of Congress requesting the report. (g) Public Release.--Except for classified reports, the Center, with the permission of the Technical Assessment Board, shall promptly release a report requested under subsection (d) to the public, except that such release shall be delayed by not more than 2 weeks at the request of the Technical Assessment Board or a member of Congress. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Comptroller General for carrying out this section $30,000,000 for each of the fiscal years 2005 through 2007, to remain available until expended.

Establishes: (1) a Center for Scientific and Technical Assessment to provide timely advice to Congress on scientific and technical aspects of public policy issues, administered by a Director; and (2) a Technical Assessment Board to provide guidance to the Director to ensure that the Center provides timely and useful responses to congressional requests. Authorizes the Director to appoint, with the approval of the Comptroller General, a Deputy Director. Prohibits the Director and Deputy Director from engaging in any other business, vocation, or employment, or (except with the Comptroller General's approval) holding any office in, or acting in any capacity for, any organization, agency, or institution with which the Center makes any contract or other arrangement under this Act. Permits: (1) any Member of Congress to make requests to the Board that the Center conduct an investigation and report to the requester, within a specified time period, on any matter relating to scientific and technical assessment (and sets priorities for requests); and (2) the Director to establish an advisory panel as necessary to support each technical assessment report. Requires each report to be subject to peer review before delivery to the committee or Member requesting it. Provides for public release of unclassified reports, subject to a delay of up to two weeks at the request of the Board or a Member.

To provide for the establishment of a Center for Scientific and Technical Assessment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Missile Defense Burdensharing Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has established burdensharing arrangements with Japan, member nations of the North Atlantic Treaty Organization (NATO), and other countries to share the costs of common defense efforts and successfully solicited contributions from several countries to offset costs relating to the Persian Gulf War. (2) The President has stated that a missile defense system should be deployed to protect allies and other friendly foreign countries as well as the United States. SEC. 3. DETERMINATION OF SCOPE OF MISSILE DEFENSE SYSTEM; DESIGNATION OF PROTECTED COUNTRIES. (a) Determination Relating to Scope of Missile Defense System.--Not later than 120 days after the date of the enactment of this Act, the President-- (1) shall determine whether any missile defense system to be developed by the United States is intended to protect the territory of allied or other friendly foreign countries, in addition to the territory of the United States, from ballistic missile attack; and (2) shall prepare and transmit to Congress a report containing the determination of the President under paragraph (1). (b) Designation of Protected Countries.--If the President makes a determination under subsection (a)(1) that a proposed United States missile defense system is intended to protect the territory of allied or other friendly foreign countries from ballistic missile attack, the President-- (1) shall designate each allied or other friendly foreign country, with respect to which the system is intended to protect, as a protected country for the purposes of this Act, and shall so notify Congress in writing at least 30 days prior to the designation; and (2) shall notify Congress in writing at least 30 days prior to the termination of a designation of a country. (c) Additional Requirement With Respect to Termination of Designation of Protected Countries.-- (1) In general.--As part of the notification to Congress with respect to the termination of a designation of a country as a protected country under subsection (b)(2), the President shall include a description of the reasons for the termination, including an assessment of the effect of the termination on the security relations between the country and the United States and on mutual commitments of the United States under bilateral and multilateral security arrangements, such as the North Atlantic Treaty. (2) Notification of involved countries.--The President shall transmit to the government of a country with respect to which the President has terminated the designation of the country as a protected country under subsection (b)(2) a copy of the notification to Congress with respect to such termination. SEC. 4. BURDENSHARING CONTRIBUTIONS BY PROTECTED COUNTRIES. (a) Solicitation of Contributions.--The President shall seek financial contributions from each protected country designated by the President under section 3(b)(1) commensurate with the country's proportional share of protection from the United States missile defense system. (b) Use of Contributions.--Contributions received pursuant to subsection (a) shall be used to offset costs incurred by the United States for deployment of the missile defense system, including costs relating to procurement, construction, operations, and personnel. SEC. 5. ANNUAL REPORTS. (a) Report by Secretary of Defense.-- (1) In general.--The Secretary of Defense, acting through the Ballistic Missile Defense Organization, shall submit to Congress an annual report that-- (A) identifies each foreign country that would receive protection under the missile defense system from ballistic missile attack, irrespective of whether or not the country has been designated by the President under section 3(b)(1) as a protected country; and (B) describes the nature and extent of the protection for each such foreign country. (2) Form.--The report shall be submitted in unclassified form, but may contain a classified annex. (b) Report by the President.--The President shall transmit to Congress as part of the annual budget request a report that-- (1) describes the extent to which each protected country designated by the President under section 3(b)(1) has provided financial contributions to the United States in accordance with section 4(a); (2) describes the proportion of actual and expected contributions by each protected country as a share of overall costs of the missile defense system; and (3) describes efforts by the United States to obtain payments from protected countries that have not fully contributed to their share of protection under the missile defense system. SEC. 6. RULE OF CONSTRUCTION. In this Act, the term ``missile defense system'' does not include a theater missile defense system that is designed or deployed to defend elements of the United States Armed Forces that are deployed outside the United States.

Missile Defense Burdensharing Act of 2001 - Directs the President to: (1) determine whether any missile defense system to be developed by the United States is intended to protect, in addition to U.S. territory, the territory of allied or other friendly countries from ballistic missile attack; and (2) seek financial contributions from each protected country, if any, commensurate with their proportional share of protection from such system.

To provide for burdensharing contributions from allied and other friendly foreign countries for the costs of deployment of any United States missile defense system that is designed to protect those countries from ballistic missile attack.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Phantom Fuels Elimination Act of 2014''. SEC. 2. ADVANCED BIOFUEL, BIOMASS-BASED DIESEL, AND CELLULOSIC BIOFUEL REQUIRED TO BE PRODUCED IN THE UNITED STATES TO SATISFY RENEWABLE FUEL PROGRAM MANDATES. (a) Advanced Biofuel.--Section 211(o)(1)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(i)) is amended by striking ``that has lifecycle'' and inserting ``that is produced in the United States and has lifecycle''. (b) Biomass-Based Diesel.--Section 211(o)(1)(D) of the Clean Air Act (42 U.S.C. 7545(o)(1)(D)) is amended-- (1) in the first sentence, by striking ``that is biodiesel'' and inserting ``that is produced in the United States and is biodiesel''; and (2) in the second sentence, by striking ``renewable fuel derived from'' and inserting ``renewable fuel that is produced in the United States and derived from''. (c) Cellulosic Biofuel.--Section 211(o)(1)(E) of the Clean Air Act (42 U.S.C. 7545(o)(1)(E)) is amended-- (1) by striking ``renewable fuel derived from'' and inserting ``renewable fuel that is produced in the United States, that is derived from''; and (2) by inserting a comma after ``from renewable biomass''. (d) Waivers for Reduction of Applicable Volume in Case of Inadequate Supply.-- (1) Advanced biofuel.--Section 211(o)(7) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by adding at the end the following: ``(G) Advanced biofuel.--For any calendar year for which the projected volume of advanced biofuel production is less than the minimum applicable volume established under paragraph (2)(B), as determined by the Administrator based on the estimate provided under paragraph (3)(A), not later than November 30 of the preceding calendar year, the Administrator shall reduce the applicable volume of advanced biofuel required under paragraph (2)(B) to the projected volume available during that calendar year.''. (2) Biomass-based diesel.--Section 211(o)(7)(E) of the Clean Air Act (42 U.S.C. 7545(o)(7)(E)) is amended by adding at the end the following: ``(iv) Inadequate supply.--For any calendar year for which the projected volume of biomass-based diesel production is less than the minimum applicable volume established under paragraph (2)(B), as determined by the Administrator based on the estimate provided under paragraph (3)(A), not later than November 30 of the preceding calendar year, the Administrator shall reduce the applicable volume of biomass-based diesel production required under paragraph (2)(B) to the projected volume available during that calendar year.''. (3) Estimate of volumes.--Section 211(o)(3)(A) of the Clean Air Act (42 U.S.C. 7545(o)(3)(A)) is amended by inserting ``advanced biofuel,'' before ``biomass-based diesel''. SEC. 3. ELIMINATION OF CORN ETHANOL MANDATE FOR RENEWABLE FUEL. (a) In General.--Section 211(o)(2)(A)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(A)(i)) is amended by striking ``renewable fuel,'' after ``contains at least the applicable volume of''. (b) Removal of Table.--Section 211(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended by striking subclause (I). (c) Conforming Amendments.--Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended-- (1) in clause (i)-- (A) by redesignating subclauses (II) through (IV) as subclauses (I) through (III), respectively; (B) in subclause (I) (as so redesignated), by striking ``of the volume of renewable fuel required under subclause (I),''; and (C) in subclauses (II) and (III) (as so redesignated), by striking ``subclause (II)'' each place it appears and inserting ``subclause (I)''; (2) by striking clause (iii) and redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; and (3) in clause (iv), as so redesignated, by striking ``clause (i)(IV)'' and inserting ``clause (i)(III)''. (d) Administration.--Nothing in this section or the amendments made by this section affects the volumes of advanced biofuel, cellulosic biofuel, or biomass-based diesel that are required under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) (as in effect on the day before the date of enactment of this Act). (e) Regulations.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate such regulations as are necessary to carry out the amendments made by this section. (f) Effective Date.--The amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act.

Phantom Fuels Elimination Act of 2014 - Amends the Clean Air Act to revise the renewable fuel program by requiring advanced biofuel, biomass-based diesel, and cellulosic biofuel to be produced in the United States. Directs the Environmental Protection Agency (EPA), for any year in which the projected volume of advanced biofuel and biomass-based diesel production is less than the applicable volume standard established under the program, to reduce the volume of advanced biofuel and biomass-based diesel required to be blended into transportation fuel to the projected volume available for that year. Directs the Energy Information Administration to provide the EPA an estimate, with respect to the following year, of the volumes of advanced biofuel projected to be sold or introduced into commerce. Eliminates the volume standards under the program applicable to corn-starch ethanol.

Phantom Fuels Elimination Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety and Wildlife Protection Act''. SEC. 2. DECLARATION OF POLICY. It is the policy of the United States to reduce risks to public safety, as well as unnecessary harm to companion animals and wildlife, from indiscriminate and injurious trapping methods by prohibiting the import or export of, and the shipment in interstate commerce of, steel- jaw leghold traps and Conibear traps. SEC. 3. PROHIBITED ACTS AND PENALTIES. (a) Prohibited Acts.--It shall be unlawful for any person-- (1) to import, export, deliver, carry, or transport by any means whatever, in interstate commerce, any steel-jaw leghold trap or Conibear trap; or (2) to sell, receive, acquire, or purchase any steel-jaw leghold trap or Conibear trap that was delivered, carried, or transported in violation of paragraph (1). (b) Penalties.--Whoever knowingly violates subsection (a) shall, in addition to any other penalty that may be imposed, be subject to the following: (1) For the first such violation, a civil fine of not more than $500 imposed by the Secretary for each steel-jaw leghold trap or Conibear trap possessed. (2) For each subsequent violation, a civil fine of not more than $1,000 imposed by the Secretary for each steel-jaw leghold trap or Conibear trap possessed, or imprisonment for not more than 2 years, or both. (c) Payment of Court Costs and Other Associated Expenses.--A person found to be in violation of subsection (a) shall pay all court costs associated therewith. SEC. 4. REWARDS. (a) General Rule.--The Secretary shall pay, to any person who furnishes information that leads to a conviction of a violation of any provision of this Act or any rule made under this Act, an amount equal to one-half of the fine paid pursuant to the conviction. (b) Exception.--Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his or her official duties is not eligible for payment under this section. SEC. 5. ENFORCEMENT. (a) In General.--Except with respect to violations of this Act to which subsection (b) applies, this Act and any rules made under this Act shall be enforced by the Secretary, who may use by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency or any State agency for purposes of enforcing this Act and such rules. (b) Import and Export Violations.-- (1) Import violations.--The importation of articles in violation of section 3(a) shall be treated as a violation of the customs laws of the United States, and those provisions of law relating to violations of the customs laws of the United States shall apply thereto. (2) Export violations.--The authorities under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as continued in effect under the International Emergency Economic Powers Act), including penalties, shall be used to enforce the provisions of this Act relating to the export of articles in violation of section 3(a). (c) Forfeiture.-- (1) General rule.--Except with respect to exports to which the provisions of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as continued in effect under the International Emergency Economic Powers Act) apply, and imports to which the customs laws of the United States apply, pursuant to subsection (b), any steel-jaw leghold trap or Conibear trap taken, possessed, sold, purchased, offered for sale or purchase, imported, exported, transported, delivered, received, carried, or shipped in violation of this Act or any rule made under this Act, shall be subject to forfeiture to the United States. Those provisions of law relating to-- (A) the seizure, summary and judicial forfeiture, and condemnation of property for violations of the customs laws of the United States, (B) the disposition of such property or the proceeds from the sale thereof, (C) the remission or mitigation of such forfeitures, and (D) the compromise of claims, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this subsection, insofar as applicable and not inconsistent with this Act. (2) Enforcement.--Such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws of the United States may be performed with respect to seizures and forfeitures of property under this subsection by the Secretary or such officers and employees as may be authorized or designated for that purpose by the Secretary, or, upon the request of the Secretary, by any other agency that has authority to manage and dispose of seized property. (d) Injunctions.--The Attorney General of the United States may seek to enjoin any person who is alleged to be in violation of this Act or any rule made under this Act. (e) Cooperation.--The Secretary of Commerce, the Secretary of the Treasury, and the head of any other department or agency with enforcement responsibilities under this Act shall cooperate with the Secretary in ensuring that this Act, and rules made under this Act, are enforced in the most effective and efficient manner. SEC. 6. DEFINITIONS. In this Act: (1) Steel-jaw leghold trap.--The term ``steel-jaw leghold trap''-- (A) means any spring-powered pan or sear-activated device with one or two opposing steel jaws, whether the jaws are smooth, toothed, padded, enclosed (dog-proof), or offset, that is designed to capture an animal by snapping closed upon the animal's limb, foot, or part thereof; and (B) does not include any cage or box trap; suitcase-type live beaver trap; or mouse or rat snap trap. (2) Conibear trap.--The term ``Conibear trap''-- (A) means any trap consisting of two metal frames hinged at the center point and powered by two torsion springs to create a scissor-like action designed to kill an animal by snapping an animal's spinal column; and (B) does not include any cage or box trap; suitcase-type live beaver trap; mouse or rat snap trap. (3) Customs laws of the united states.--The term ``customs laws of the United States'' means any other law or regulation enforced or administered by the United States Customs Service. (4) Import.--The term ``import'' means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an entry into the customs territory of the United States. (5) Interstate commerce.--The term ``interstate commerce'' has the meaning given such term in section 10 of title 18, United States Code. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 7. RULEMAKING. The Secretary may make rules to carry out this Act. SEC. 8. EFFECTIVE DATE. This Act shall take effect 1 year after the date of the enactment of this Act.

Public Safety and Wildlife Protection Act This bill bans steel-jaw leghold traps and Conibear traps. Steel-jaw leghold traps are certain spring-powered devices with steel jaws that are designed to snap closed on animals. Conibear traps consist of metal frames hinged at the center point and powered by two torsion springs that create a scissor-like action designed to kill an animal by snapping its spine. Cage traps, box traps, suitcase-type live beaver traps, and mouse or rat snap traps are not included in the ban. The bill establishes penalties for violating this ban. The Department of the Interior must pay a reward for information that leads to a conviction of a violation of this bill, unless the information was provided by on duty officers or employees of federal, state, or local governments. The reward must be 50% of the fine paid.

Public Safety and Wildlife Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Fuels Standard Act of 2011''. SEC. 2. OPEN FUELS STANDARD. (a) In General.--Chapter 329 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 32920. Open fuels standard ``(a) Definitions.--In this section: ``(1) Advanced alternative fuel blend.--The term `advanced alternative fuel blend' means-- ``(A) a mixture containing-- ``(i) at least 85 percent denatured ethanol, by volume, or a lower percentage prescribed by the Secretary pursuant to section 32901(b); and ``(ii) gasoline or drop-in fuel; ``(B) a mixture containing-- ``(i) at least 70 percent methanol, by volume; and ``(ii) gasoline or drop-in fuel; and ``(C) any other mixture of alcohols or liquid fuels certified by the Secretary pursuant to subsection (b)(2). ``(2) Annual covered inventory.--The term `annual covered inventory' means the number of automobiles (as defined in section 32901(a)(3)) that a manufacturer, during a given calendar year, manufactures in the United States or imports from outside of the United States, for sale in the United States. ``(3) Fuel choice-enabling vehicle.--The term `fuel choice- enabling vehicle' means a automobile warranted by its manufacturer-- ``(A)(i) absent certification authorizing the use of an advanced alternative fuel blend under subsection (b)(2), to operate on a mixture containing-- ``(I) at least 85 percent denatured ethanol, by volume, or a lower percentage prescribed by the Secretary pursuant to section 32901(b); and ``(II) gasoline or drop-in fuel; and ``(ii) after certification under subsection (b)(2), to operate on an advanced alternative fuel blend; or ``(B) to operate on-- ``(i) natural gas; ``(ii) hydrogen; ``(iii) electricity; ``(iv) a hybrid electric engine; ``(v) a mixture of biodiesel and diesel fuel meeting the standard established by the American Society for Testing and Materials or under section 211(u) of the Clean Air Act (42 U.S.C. 7545(u)) for fuel containing 5 percent biodiesel; or ``(vi) any other fuel or means of powering covered automobiles prescribed by the Secretary, by regulation, that contains not more than 10 percent petroleum, by volume. ``(b) Open Fuels Standard.-- ``(1) In general.--Each automobile manufacturer's annual covered inventory shall be comprised of-- ``(A) not less than 50 percent fuel choice-enabling vehicles in model years 2015, 2016, and 2017; and ``(B) not less than 80 percent fuel choice-enabling vehicles in model year 2018 and each subsequent model year. ``(2) Certifications.--Not later than 2 years after the date of the enactment of the Open Fuels Standard Act of 2011, the Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, shall certify-- ``(A) the use of advanced alternative fuel blends in fuel choice-enabling vehicles unless the Secretary determines that such certification-- ``(i) is not technologically feasible; ``(ii) would result in burdensome consumer costs; ``(iii) negatively impacts automobile safety; ``(iv) negatively impacts air quality; ``(v) would not increase the use of domestic feedstock sources; or ``(vi) is unlikely to enable reductions in foreign oil imports; ``(B) the type and blend of advanced alternative fuel blend that can be utilized by specific automobiles in use on such date of enactment; and ``(C) the type and blend of advanced alternative fuel blend that can be utilized by new and existing components of the Nation's transportation fueling infrastructure for fuel choice-enabled vehicles. ``(3) Small manufacturer exemption.--At the request of a manufacturer, the Secretary of Transportation shall exempt the manufacturer from the requirement described in paragraph (1) if the manufacturer's annual covered inventory is fewer than 10,000. ``(4) Credit trading among manufacturers.-- ``(A) In general.--The Secretary may establish, by regulation, an open fuels standard credit trading program to allow manufacturers whose annual covered inventory exceeds the requirement described in paragraph (1) to earn credits, which may be sold to manufacturers that are unable to achieve such requirement. ``(B) Dual fuel credit.--Beginning in model year 2018, any automobile used to qualify for the open fuels standard under this subsection cannot be used to receive the dual fuel credit under section 32903. ``(c) Fuel Choice Comparison Tool.--The Secretary of Transportation, in consultation with the Secretary of Energy, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the Federal Trade Commission, shall-- ``(1) develop a model label for pumps in the United States dispensing advanced alternative fuels to consumers that-- ``(A) identifies a single, readily comprehensible metric that allows consumers to evaluate the relative value, energy density, and expected automobile performance of any particular advanced alternative fuel blend; and ``(B) includes appropriate warnings against the use of such fuels in unwarranted engines, including nonautomobile engines; and ``(2) make the label described in paragraph (1) available for voluntary reproduction and adoption. ``(d) Study of Fuel Dispensing Infrastructure for Advanced Alternative Fuel Blends.--Not later than 2 years after the date of the enactment of the Open Fuels Standard Act of 2011, the Secretary of Transportation shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that evaluates the need for standardized fueling equipment that facilitates the dispensing of advanced alternative fuel blends to fuel choice-enabling vehicles and prevents such fuel blends from being dispensed to incompatible automobiles.''. (b) Clerical Amendment.--The table of section for chapter 329 of title 49, United States Code, is amended by adding at the end the following: ``32920. Open fuels standard.''. (c) Rulemaking.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out the amendment made by subsection (a).

Open Fuels Standard Act of 2011 - Requires each automobile manufacturer's annual covered inventory to comprise at least: (1) 50% fuel choice-enabling vehicles in model years 2015-2017, and (2) 80% fuel choice-enabling vehicles in model year 2018 and each subsequent model year. Requires the Secretary of Transportation (DOT) to certify the type and blend of advanced alternative fuel blends that can be used in fuel choice-enabling vehicles, existing vehicles, and by new and existing components of the nation's transportation fueling infrastructure. Defines "fuel choice-enabling vehicle" to mean an automobile warranted by its manufacturer to be capable of operating on: (1) an advanced alternative fuel blend, if certified for its use, or a mixture of at least 85% denatured ethanol and gasoline or drop-in fuel, if not yet certified; or (2) natural gas, hydrogen, electricity, a hybrid electric engine, a mixture biodiesel and diesel fuel, or other fuel containing not more than 10% petroleum. Defines "advanced alternative fuel blend" as a mixture containing: (1) at least 85% (or lower percentage of) denatured alcohol as well as gasoline or drop-in fuel, (2) at least 70% menthol as well as gasoline or drop-in fuel, and (3) any other DOT-certified blend of alcohols or liquid fuels. Authorizes a manufacturer with an inventory of less than 10,000 vehicles to request an exemption from such requirements. Authorizes the Secretary to establish an open fuels standard credit trading program to allow vehicle manufacturers whose annual covered inventory exceeds the percentage requirements to earn credits, which may be sold to manufacturers that are unable to achieve such requirements. Directs the Secretary to: (1) develop a model label for pumps dispensing advanced alternative fuels to help consumers evaluate the expected automobile performance of a fuel blend, and (2) make it available for voluntary reproduction and adoption. Directs the Secretary to evaluate the need for standardized fueling equipment and facilities that: (1) dispense advance alternative fuel blends to fuel choice-enabling vehicles, and (2) prevent the dispensing of such fuel blends to incompatible vehicles.

A bill to enable transportation fuel competition, consumer choice, and greater use of domestic energy sources in order to reduce our Nation's dependence on foreign oil.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Redundancy Elimination and Enhanced Performance for Preparedness Grants Act''. SEC. 2. IDENTIFICATION OF REPORTING REDUNDANCIES AND DEVELOPMENT OF PERFORMANCE METRICS FOR HOMELAND SECURITY PREPAREDNESS GRANT PROGRAMS. (a) In General.--Title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 2023. IDENTIFICATION OF REPORTING REDUNDANCIES AND DEVELOPMENT OF PERFORMANCE METRICS. ``(a) Definition.--In this section, the term `covered grants' means grants awarded under section 2003, grants awarded under section 2004, and any other grants specified by the Administrator. ``(b) Initial Report.--Not later than 90 days after the date of enactment of the Redundancy Elimination and Enhanced Performance for Preparedness Grants Act, the Administrator shall submit to the appropriate committees of Congress a report that includes-- ``(1) an assessment of redundant reporting requirements imposed by the Administrator on State, local, and tribal governments in connection with the awarding of grants, including-- ``(A) a list of each discrete item of data requested by the Administrator from grant recipients as part of the process of administering covered grants; ``(B) identification of the items of data from the list described in subparagraph (A) that are required to be submitted by grant recipients on multiple occasions or to multiple systems; and ``(C) identification of the items of data from the list described in subparagraph (A) that are not necessary to be collected in order for the Administrator to effectively and efficiently administer the programs under which covered grants are awarded; ``(2) a plan, including a specific timetable, for eliminating any redundant and unnecessary reporting requirements identified under paragraph (1); and ``(3) a plan, including a specific timetable, for promptly developing a set of quantifiable performance measures and metrics to assess the effectiveness of the programs under which covered grants are awarded. ``(c) Biennial Reports.--Not later than 1 year after the date on which the initial report is required to be submitted under subsection (b), and once every 2 years thereafter, the Administrator shall submit to the appropriate committees of Congress a grants management report that includes-- ``(1) the status of efforts to eliminate redundant and unnecessary reporting requirements imposed on grant recipients, including-- ``(A) progress made in implementing the plan required under subsection (b)(2); ``(B) a reassessment of the reporting requirements to identify and eliminate redundant and unnecessary requirements; ``(2) the status of efforts to develop quantifiable performance measures and metrics to assess the effectiveness of the programs under which the covered grants are awarded, including-- ``(A) progress made in implementing the plan required under subsection (b)(3); ``(B) progress made in developing and implementing additional performance metrics and measures for grants, including as part of the comprehensive assessment system required under section 649 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 749); and ``(3) a performance assessment of each program under which the covered grants are awarded, including-- ``(A) a description of the objectives and goals of the program; ``(B) an assessment of the extent to which the objectives and goals described in subparagraph (A) have been met, based on the quantifiable performance measures and metrics required under this section, section 2022(a)(4), and section 649 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 749); ``(C) recommendations for any program modifications to improve the effectiveness of the program, to address changed or emerging conditions; and ``(D) an assessment of the experience of recipients of covered grants, including the availability of clear and accurate information, the timeliness of reviews and awards, and the provision of technical assistance, and recommendations for improving that experience. ``(d) Grants Program Measurement Study.-- ``(1) In general.--Not later than 30 days after the enactment of Redundancy Elimination and Enhanced Performance for Preparedness Grants Act, the Administrator shall enter into a contract with the National Academy of Public Administration under which the National Academy of Public Administration shall assist the Administrator in studying, developing, and implementing-- ``(A) quantifiable performance measures and metrics to assess the effectiveness of grants administered by the Department, as required under this section and section 649 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 749); and ``(B) the plan required under subsection (b)(3). ``(2) Report.--Not later than 1 year after the date on which the contract described in paragraph (1) is awarded, the Administrator shall submit to the appropriate committees of Congress a report that describes the findings and recommendations of the study conducted under paragraph (1). ``(3) Authorization of appropriations.--There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this subsection.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following: ``Sec. 2023. Identification of reporting redundancies and development of performance metrics.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Redundancy Elimination and Enhanced Performance for Preparedness Grants Act - Amends the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to submit to the appropriate congressional committees not later than 90 days after this Act's enactment a report that includes: (1) an assessment of redundant reporting requirements imposed by the Administrator on state, local, and tribal governments in connection with the awarding of covered grants; (2) a plan for eliminating any redundant and unnecessary reporting requirements identified; and (3) a plan for promptly developing a set of quantifiable performance measures and metrics to assess the effectiveness of the programs under which the grants are awarded. Defines "covered grants" as homeland security preparedness grants awarded under the Urban Area Security Initiative and the State Homeland Security Grant Program and other grants specified by the Administrator. Requires the Administrator to submit to such committees within one year after such report is required and every two years thereafter a grants management report that includes: (1) the status of efforts to eliminate such redundant and unnecessary reporting requirements; (2) the status of efforts to develop quantifiable performance measures and metrics; and (3) a performance assessment of each covered grant program. Directs the Administrator to: (1) enter into a contract for the National Academy of Public Administration to assist the Administrator in studying, developing, and implementing performance measures and metrics to assess the effectiveness of Department of Homeland Security (DHS) grants and the programs under which covered grants are awarded; and (2) report on the study's findings and recommendations within one year after such contract is awarded. Authorizes appropriations.

To provide for identifying and eliminating redundant reporting requirements and developing meaningful performance metrics for homeland security preparedness grants, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Family Home Protection Act''. SEC. 2. MORTGAGE PROTECTION FOR MEMBERS OF THE ARMED FORCES, SURVIVING SPOUSES, AND CERTAIN VETERANS. (a) Mortgage Protection.-- (1) In general.--Section 303 of the Servicemembers Civil Relief Act (50 U.S.C. App. 533) is amended to read as follows: ``SEC. 303. MORTGAGES AND TRUST DEEDS. ``(a) Mortgage as Security.--This section applies only to an obligation on real or personal property that is secured by a mortgage, trust deed, or other security in the nature of a mortgage and is owned by a covered individual as follows: ``(1) With respect to an obligation on real or personal property owned by a servicemember, such obligation that originated before the period of the servicemember's military service and for which the servicemember is still obligated. ``(2) With respect to an obligation on real property owned by a servicemember serving in support of a contingency operation (as defined in section 101(a)(13) of title 10, United States Code), such obligation that originated at any time and for which the servicemember is still obligated. ``(3) With respect to an obligation on real property owned by a veteran described in subsection (f)(1)(B), such obligation that originated at any time and for which the veteran is still obligated. ``(4) With respect to an obligation on real property owned by a surviving spouse described in subsection (f)(1)(C), such obligation that originated at any time and for which the spouse is still obligated. ``(b) Stay of Proceedings and Adjustment of Obligation.--(1) In an action filed during a covered time period to enforce an obligation described in subsection (a), the court may after a hearing and on its own motion and shall upon application by a covered individual when the individual's ability to comply with the obligation is materially affected by military service-- ``(A) stay the proceedings for a period of time as justice and equity require; or ``(B) adjust the obligation to preserve the interests of all parties. ``(2) For purposes of applying paragraph (1) to a covered individual who is a surviving spouse of a servicemember described in subsection (f)(1)(C), the term `military service' means the service of such servicemember. ``(c) Sale or Foreclosure.--A sale, foreclosure, or seizure of property for a breach of an obligation described in subsection (a) shall not be valid during a covered time period except-- ``(1) upon a court order granted before such sale, foreclosure, or seizure with a return made and approved by the court; or ``(2) if made pursuant to an agreement as provided in section 107. ``(d) Misdemeanor.--A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. ``(e) Proof of Service.--(1) A veteran described in subsection (f)(1)(B) shall provide documentation described in paragraph (2) to relevant persons to prove the eligibility of the veteran to be covered under this section. ``(2) Documentation described in this paragraph is a rating decision or a letter from the Department of Veterans Affairs that confirms that the veteran is totally disabled because of one or more service-connected injuries or service-connected disability conditions. ``(f) Definitions.--In this section: ``(1) The term `covered individual' means the following individuals: ``(A) A servicemember. ``(B) A veteran who was retired under chapter 61 of title 10, United States Code, and whom the Secretary of Veterans Affairs, at the time of such retirement, determines is a totally disabled veteran. ``(C) A surviving spouse of a servicemember who-- ``(i) died while serving in support of a contingency operation if such spouse is the successor in interest to property covered under subsection (a); or ``(ii) died while in military service and whose death is service-connected if such spouse is the successor in interest to property covered under subsection (a). ``(2) The term `covered time period' means the following time periods: ``(A) With respect to a servicemember, during the period beginning on the date on which such servicemember begins military service and ending on the date that is 12 months after the date on which such servicemember is discharged from such service. ``(B) With respect to a servicemember serving in support of a contingency operation, during the period beginning on the date of the military orders for such service and ending on the date that is 12 months after the date on which such servicemember redeploys from such contingency operation. ``(C) With respect to a veteran described in subsection (f)(1)(B), during the 12-month period beginning on the date of the retirement of such veteran described in such subsection. ``(D) With respect to a surviving spouse of a servicemember described in subsection (f)(1)(C), during the 12-month period beginning on the date of the death of the servicemember.''. (2) Conforming amendment.--Section 107 of the Servicemembers Civil Relief Act (50 U.S.C. App. 517) is amended by adding at the end the following: ``(e) Other Individuals.--For purposes of this section, the term `servicemember' includes any covered individual under section 303(f)(1).''. (3) Repeal of sunset.--Subsection (c) of section 2203 of the Housing and Economic Recovery Act of 2008 (Public Law 110- 289; 50 U.S.C. App. 533 note) is amended to read as follows: ``(c) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act.''. (b) Increased Civil Penalties for Mortgage Violations.--Paragraph (3) of section 801(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 597(b)(3)) is amended to read as follows: ``(3) to vindicate the public interest, assess a civil penalty-- ``(A) with respect to a violation of section 303 regarding real property-- ``(i) in an amount not exceeding $110,000 for a first violation; and ``(ii) in an amount not exceeding $220,000 for any subsequent violation; and ``(B) with respect to any other violation of this Act-- ``(i) in an amount not exceeding $55,000 for a first violation; and ``(ii) in an amount not exceeding $110,000 for any subsequent violation.''. (c) Credit Discrimination.--Section 108 of such Act (50 U.S.C. App. 518) is amended-- (1) by striking ``Application by'' and inserting ``(a) Application by''; and (2) by adding at the end the following new subsection: ``(b) In addition to the protections under subsection (a), an individual who is eligible, or who may likely become eligible, for any provision of this Act may not be denied or refused credit or be subject to any other action described under paragraphs (1) through (6) of subsection (a) solely by reason of such eligibility.''. SEC. 3. REQUIREMENTS FOR LENDING INSTITUTIONS THAT ARE CREDITORS FOR OBLIGATIONS AND LIABILITIES COVERED BY THE SERVICEMEMBERS CIVIL RELIEF ACT. Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App. 527) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection (d): ``(d) Lending Institution Requirements.-- ``(1) Compliance officers.--Each lending institution subject to the requirements of this section shall designate an employee of the institution as a compliance officer who is responsible for ensuring the institution's compliance with this section and for distributing information to servicemembers whose obligations and liabilities are covered by this section. ``(2) Toll-free telephone number.--During any fiscal year, a lending institution subject to the requirements of this section that had annual assets for the preceding fiscal year of $10,000,000,000 or more shall maintain a toll-free telephone number and shall make such telephone number available on the primary Internet Web site of the institution.''.

Military Family Home Protection Act - Amends the Servicemembers Civil Relief Act to allow a court, in an action to enforce an obligation on real or personal property secured by a mortgage against a servicemember on active duty, a totally disabled veteran, or the surviving spouse of a member who died during military service, to either: (1) stay the proceedings for a period of time as justice and equity require, or (2) adjust the obligation to preserve the interests of all parties. Prohibits the sale, foreclosure, or seizure of the subject property for the service period, as well as the 12-month period after: (1) the servicemember is discharged or redeployed from a contingency operation, (2) the veteran is retired, or (3) the death of the servicemember (in the case of a surviving spouse). Increases the civil penalties for violations of the sale or foreclosure prohibitions. Prohibits an individual from being denied or refused credit solely by reason of eligibility for relief under this Act. Requires each lending institution acting as a creditor to such servicemember, veteran, or surviving spouse to designate an employee responsible for ensuring the institution's compliance with the requirements of this Act. Requires any such institution that had prior annual assets of $10 billion or more to maintain on its primary website a toll-free number for information with respect to the protections afforded under this Act.

A bill to amend the Servicemembers Civil Relief Act to improve the protections for servicemembers against mortgage foreclosures, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Justice Reinvestment Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) A total of 2,200,000 American adults are incarcerated in State and local prisons and jails, a rate of about 1 out of every 100 adults. (2) State spending on corrections has increased over the last 20 years from approximately $12,600,000,000 in 1988 to more than $52,000,000,000 in 2008. According to ``Public Safety, Public Spending: Forecasting America's Prison Population 2007-2011'', State and Federal prison populations are expected to increase by 192,000 over that 5-year period, at an additional cost of $27,500,000,000. (3) Between 2000 and 2008, jail populations increased from approximately 621,000 to 785,000 inmates. The 3,300 jails nationwide process approximately 13,500,000 inmates each year, 4,000,000 of whom are repeat offenders. (4) The number of persons on probation and parole in State correctional systems has been increasing. Approximately 5,000,000 Americans, or 1 out of every 45 adults, are on probation or parole, an increase of nearly 300 percent since 1980. (5) Policymakers have insufficient access to detailed, data-driven explanations about changes in crime, arrest, conviction, and prison and jail population trends. (6) In the face of ever-increasing correctional costs, with bipartisan leadership, governors and legislative leaders in Texas, Kansas, Rhode Island, Vermont, and other States around the country have initiated data-driven criminal justice reinvestment strategies that increase public safety, hold offenders accountable, and control corrections spending. SEC. 3. PURPOSE AND DEFINITION. (a) Purpose.--The purpose of this Act is to provide grants for criminal justice reinvestment strategies. (b) Criminal Justice Reinvestment.--In this Act, the term ``criminal justice reinvestment'' refers to a data-driven program that-- (1) analyzes criminal justice trends to understand what factors are driving the growth in prison and jail populations; (2) develops and implements policy options to manage the growth in corrections populations and increase the effectiveness of current spending and investment to increase public safety and improve individual and system accountability; and (3) measures the impact of the policy changes and reinvestment resources and holds policymakers accountable for projected results. SEC. 4. PUBLIC SAFETY PERFORMANCE GRANTS TO IMPLEMENT CRIMINAL JUSTICE REINVESTMENT STRATEGIES. (a) Phase 1--Data Analysis and Policy Development Grants.-- (1) In general.--The Attorney General may make grants to a State, unit of local government, territory, or Indian tribe (referred to in this Act as an ``eligible entity'') to analyze and improve the cost-effectiveness of State and local spending on prisons, jails, and community corrections (referred to in this Act as ``Phase 1 grants''). (2) Objectives.--The purposes of the Phase 1 grants shall be for an eligible entity-- (A) to conduct a comprehensive analysis of criminal justice data, including crime and arrest rates, conviction rates, pretrial and reentry services, and probation, parole, prison and jail populations; (B) to evaluate relevant criminal justice policies and the cost-effectiveness of current spending on corrections and community corrections; and (C) to develop data-driven policy options that can increase public safety and improve offender accountability. (3) Details.--The comprehensive analysis, evaluation, and policy development required by paragraph (2) shall include-- (A) an analysis of reported crime and arrest data; (B) an analysis of felony conviction data to understand the percent of offenders who are sentenced to prison or jail for particular offenses; (C) an analysis of prison or jail admission and length-of-stay data over a 3- to 5-year time period to determine which cohorts of offenders account for the growth of the population; (D) an analysis of probation and parole data to determine which offenders are violating the conditions of supervision and being revoked to prison or jail; (E) an analysis of the current capacity and quality of crime prevention and crime-fighting programs, including institutional and community-based risk- reduction programs such as drug treatment, mental health, education, job training, housing, and other human services to divert individuals from prisons or jails and to reduce recidivism among offenders on community supervision; (F) consultation with criminal justice stakeholders, including State corrections departments, community corrections agencies, local jail systems, and relevant governmental agencies and nonprofit organizations; (G) an analysis of criminal justice policies and expenditures, including the cost-effectiveness of current spending on corrections and community corrections, to understand how the existing system accounts for criminal justice trends; (H) the development of a prison or jail population projection using a simulation model based on collected data to test the impact of various policy changes; and (I) the development of practical, data-driven policy options that can increase public safety, improve offender accountability, reduce recidivism, and manage the growth of spending on corrections in the relevant criminal justice system. (4) Applications.--To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Attorney General an application, in such form and manner and at such time as specified by the Attorney General that includes a proposal that describes how the grant will fulfill the objectives required by paragraph (2). (5) Priority.--The Attorney General, in awarding funds under this subsection, shall give priority to eligible entities that-- (A) demonstrate a commitment from the chief executive officer, legislative body, judiciary, law enforcement officials, correctional agencies and prosecutors of the eligible entity to work together in a collaborative bipartisan approach to analyze the data and develop criminal justice policy options; (B) establish or designate a multibranch, bipartisan, intergovernmental, interagency task force of elected and appointed officials to address the criminal justice and public safety challenges facing the jurisdiction; (C) demonstrate access to data from across the criminal justice system, including crime and arrest, court and conviction, jail, prison, community corrections data, and standards for analysis; (D) identify agency or consultant capacity to objectively analyze data, utilize simulation models for prison or jail population projections, and develop concise written reports and policy options for policymakers to review; or (E) demonstrate that the projected growth over a 10-year period is expected to exceed current corrections capacity. (6) Completion of grant.--The analysis, evaluation, and policy development required for a grant under this subsection shall be completed not later than 12 months after the receipt of funding for the grant unless granted an extension of time by the Attorney General. (b) Phase 2--Implementation Grants.-- (1) In general.--The Attorney General may make grants to eligible entities to implement policies and programs designed to help jurisdictions manage the growth in spending on corrections and increase public safety (referred to in this Act as ``Phase 2 grants''). (2) Objectives.--The purposes of the Phase 2 grants shall be for an eligible entity to-- (A) fund programs identified by prior data analysis and policy development that provide training and technical assistance, support the delivery of risk- reduction programs, or otherwise enhance public safety and improve offender accountability by strengthening the criminal justice system; (B) reinvest averted prison or jail costs into programs that enhance public safety by strengthening the criminal justice system or high-risk communities and individuals; and (C) measure performance of policies and programs enacted or established in subparagraphs (A) and (B). (3) Programs.--The programs described by paragraphs (2)(A) and (2)(B) shall-- (A) provide training and technical assistance including-- (i) training of corrections and community corrections, judicial, substance abuse or mental healthstaff and other key staff on evidence-based practices for reducing recidivism; or (ii) training and technical assistance to assist jurisdictions in implementing and validating new risk and needs assessment tools; or technical assistance to implement evidence- based policies in corrections or community corrections agencies; (B) establish risk-reduction programs including-- (i) substance abuse or mental health treatment; (ii) education or job training; (iii) job placement, development, and creation; (iv) intermediate sanction programs and facilities, including community-based reentry programs, day reporting centers and electronic monitoring; or (v) supportive housing programs; (C) reduce the number of rearrests, reconvictions, and revocations of people currently on probation and parole and increase the number of successful completions of probation and parole; (D) establish policies and practices that will avert growth in the prison and jail population and, as a result, avert the need to appropriate funds for the construction or operation of a new prison and jail facilities; or (E) establish comparable programs that enhance public safety by strengthening the criminal justice system. (4) Performance measurement.--The performance measures described by paragraph (2)(C) shall track key criminal justice trends across agencies and departments to measure the impact of the programs described in paragraph (3), and include the following measurements where applicable: (A) Reduction in rearrest, reconviction, and revocations of people currently on probation and parole. (B) Increases in the number of successful completions of probation and parole. (C) General crime trends. (D) Prison and jail populations. (E) Number of program and treatment slots added to reduce recidivism. (5) Applications.--To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Attorney General an application, in such form and manner and at such time as specified by the Attorney General that includes a proposal that describes how the grant will fulfill the objectives required by paragraph (2). (6) Priority.--Priority consideration shall be given to applications under this subsection that demonstrate that-- (A) the proposed programs will improve public safety and improve individual and system accountability while reducing or maintaining criminal justice growth through policies which ensure that-- (i) violent offenders are incarcerated; (ii) nonviolent offenders who pose a minimal risk of harm to the community are supervised through effective probation and parole systems and provided with effective risk-reduction programs; and (iii) effective diversion and reentry programs are integrated into a new overall criminal reinvestment strategy; (B) the proposed programs will have a significant impact on the geographic areas identified by the analysis as having disproportionate numbers of people returning from prison or jail; and (C) data analysis through a Phase 1 grant or similar work has been completed. (c) Annual Report.--The Attorney General shall report to the Committees on the Judiciary of the Senate and the House of Representatives on November 1 of each year concerning the development and implementation of grants under this section and strategies developed, which shall include information concerning-- (1) the number and identity of the grantees who have received analyses and program development grants; (2) the progress of grantees in conducting analyses and program development; (3) the number and identity of the grantees receiving implementation grants; (4) the progress of grantees in implementing criminal justice reinvestment strategies; and (5) the performance of entities implementing criminal justice reinvestment strategies, including relevant data on-- (A) the reduction, if any, in the number of rearrests, reconvictions, and revocations of people currently on probation and parole; (B) the increase, if any, in the number of successful completions of probation and parole; (C) the reduction, if any, in the growth of the prison and jail population; (D) the portion of averted costs that has been or will be reinvested and used to target high-risk communities and individuals to reduce the rate of rearrest, reconviction, and revocation to increase public safety; and (E) the reduction, if any, in rearrest rates by people under the supervision of the criminal justice system. (d) Sharing Information.--The Attorney General shall establish an information clearinghouse for data collected and for best practices developed by eligible grantees developed in carrying out grants under this section. (e) Administration.--Applications for grants shall be considered on a rolling basis and be responded to in a timely fashion in order to provide assistance to policymakers facing various budget timelines. (f) Authorization of Appropriations.--There are authorized to be appropriated $35,000,000 to carry out this section for each of the fiscal years 2010 through 2014.

Criminal Justice Reinvestment Act of 2009 - Authorizes the Attorney General to make grants to states, local governments, territories, or Indian tribes to: (1) analyze and improve the cost-effectiveness of state and local spending on prisons, jails, and community corrections; and (2) assist in managing the growth in spending on corrections and increase public safety.

To establish a criminal justice reinvestment grant program to help States and local jurisdictions reduce spending on corrections, control growth in the prison and jail populations, and increase public safety.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Michigan Lighthouse and Maritime Heritage Act''. SEC. 2. FINDINGS. Congress finds that-- (1) surrounded by the Great Lakes, the State of Michigan gives the Midwest region a unique maritime character; (2) the access of the Great Lakes to the Atlantic Ocean has-- (A) given the shipping industry in the State of Michigan an international role in trade; and (B) contributed to industrial and natural resource development in the State; (3) the State of Michigan offers unequaled opportunities for maritime heritage preservation and interpretation, based on the fact that the State has-- (A) more deepwater shoreline than any other State in the continental United States; (B) more lighthouses than any other State; and (C) the only freshwater national marine sanctuary in the United States; (4) the maritime history of the State of Michigan includes the history of-- (A) the routes and gathering places of the fur traders and missionaries who opened North America to European settlement; and (B) the summer communities of people who mined copper, hunted and fished, and created the first agricultural settlements in the State; (5) in the 19th century, the natural resources and maritime access of the State made the State the leading producer of iron, copper, and lumber in the United States; and (6) the maritime heritage of Michigan is evident in-- (A) the more than 120 lighthouses in the State; (B) the lifesaving stations, dry docks, lightships, submarine, ore docks, piers, breakwaters, sailing clubs, and communities and industries that were built on the lakes in the State; (C) the hotels and resort communities in the State; (D) the more than 12 maritime-related national landmarks in the State; (E) the 2 national lakeshores in the State; (F) the 2 units of the National Park System in the State; (G) the various State parks and sites listed on the National Register of Historic Places in the State; (H) the database information in the State on-- (i) 1,500 shipwrecks; (ii) 11 underwater preserves; and (iii) the freshwater national marine sanctuary; and (I) the Great Lakes, which have played an important role-- (i) for Native Americans, fur traders, missionaries, settlers, and travelers; (ii) in the distribution of wheat, iron, copper, and lumber; (iii) providing recreational opportunities; and (iv) stories of shipwrecks and rescues. SEC. 3. DEFINITIONS. In this Act: (1) Maritime heritage resource.--The term ``maritime heritage resource'' includes lighthouses, lifesaving and coast guard stations, maritime museums, historic ships and boats, marine sanctuaries and preserves, fisheries and hatcheries, locks and ports, ore docks, piers and breakwaters, marinas, resort communities (such as Bay View and Epworth Heights), cruises, performing artists that specialize in maritime culture, interpretive and educational programs and events, museums with significant maritime collections, maritime art galleries, maritime communities, and maritime festivals. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the National Park Service Midwest Regional Office. (3) State.--The term ``State'' means the State of Michigan. (4) Study area.--The term ``study area'' means the State of Michigan. SEC. 4. STUDY. (a) In General.--The Secretary, in consultation with the State, the State historic preservation officer, local historical societies, State and local economic development, tourism, and parks and recreation offices, and other appropriate agencies and organizations, shall conduct a special resource study of the study area to determine-- (1) the potential economic and tourism benefits of preserving State maritime heritage resources; (2) suitable and feasible options for long-term protection of significant State maritime heritage resources; and (3) the manner in which the public can best learn about and experience State maritime heritage resources. (b) Requirements.--In conducting the study under subsection (a), the Secretary shall-- (1) review Federal, State, and local maritime resource inventories and studies to establish the context, breadth, and potential for interpretation and preservation of State maritime heritage resources; (2) examine the potential economic and tourism impacts of protecting State maritime heritage resources; (3) recommend management alternatives that would be most effective for long-term resource protection and providing for public enjoyment of State maritime heritage resources; (4) address how to assist regional, State, and local partners in efforts to increase public awareness of and access to the State maritime heritage resources; (5) identify sources of financial and technical assistance available to communities for the conservation and interpretation of State maritime heritage resources; and (6) address ways in which to link appropriate national parks, State parks, waterways, monuments, parkways, communities, national and State historic sites, and regional or local heritage areas and sites into a Michigan Maritime Heritage Destination Network. (c) Report.--Not later than 18 months after the date on which funds are made available to carry out the study under subsection (a), the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (1) the results of the study; and (2) any findings and recommendations of the Secretary. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $500,000.

Michigan Lighthouse and Maritime Heritage Act - Directs the Secretary of the Interior, acting through the National Park Service Midwest Regional Office, to study and report on Michigan maritime heritage resource preservation and interpretation, including: (1) potential economic and tourism benefits of preservation of these resources; (2) suitable and feasible options for long-term protection of these resources; (3) the manner in which the public can best learn about and experience these resources; and (4) ways of linking national, State, and regional and local areas and sites into a Michigan Maritime Heritage Destination Network.

A bill to direct the Secretary of the Interior to conduct a study of maritime sites in the State of Michigan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Sponsors of Terrorism Review Enhancement Act''. SEC. 2. MODIFICATIONS OF AUTHORITIES THAT PROVIDE FOR RESCISSION OF DETERMINATIONS OF COUNTRIES AS STATE SPONSORS OF TERRORISM. (a) Foreign Assistance Act of 1961.--Section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) is amended-- (1) in subsection (c)(2)-- (A) in the matter preceding subparagraph (A), by striking ``45 days'' and inserting ``90 days''; and (B) in subparagraph (A), by striking ``6-month period'' and inserting ``24-month period''; (2) by redesignating subsection (d) as subsection (e); (3) by inserting after subsection (c) the following: ``(d) Disapproval of Rescission.--No rescission under subsection (c)(2) of a determination under subsection (a) with respect to the government of a country may be made if the Congress, within 90 days after receipt of a report under subsection (c)(2), enacts a joint resolution described in subsection (f)(2) of section 40 of the Arms Export Control Act with respect to a rescission under subsection (f)(1) of such section of a determination under subsection (d) of such section with respect to the government of such country.''; (4) in subsection (e) (as redesignated), in the matter preceding paragraph (1), by striking ``may be'' and inserting ``may, on a case-by-case basis, be''; and (5) by adding at the end the following new subsection: ``(f) Notification and Briefing.--Not later than-- ``(1) ten days after initiating a review of the activities of the government of the country concerned within the 24-month period referred to in subsection (c)(2)(A), the President, acting through the Secretary of State, shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such initiation; and ``(2) 20 days after the notification described in paragraph (1), the President, acting through the Secretary of State, shall brief such committees on the status of such review.''. (b) Arms Export Control Act.--Section 40 of the Arms Export Control Act (22 U.S.C. 2780) is amended-- (1) in subsection (f)-- (A) in paragraph (1)(B)-- (i) in the matter preceding clause (i), by striking ``45 days'' and inserting ``90 days''; and (ii) in clause (i), by striking ``6-month period'' and inserting ``24-month period''; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``45 days'' and inserting ``90 days''; and (ii) in subparagraph (B), by striking ``45- day period'' and inserting ``90-day period''; (2) in subsection (g), in the matter preceding paragraph (1), by striking ``may waive'' and inserting ``may, on a case- by-case basis, waive''; (3) by redesignating subsection (l) as subsection (m); and (4) by inserting after subsection (k) the following new subsection: ``(l) Notification and Briefing.--Not later than-- ``(1) ten days after initiating a review of the activities of the government of the country concerned within the 24-month period referred to in subsection (f)(1)(B)(i), the President, acting through the Secretary of State, shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such initiation; and ``(2) 20 days after the notification described in paragraph (1), the President, acting through the Secretary of State, shall brief such committees on the status of such review.''. (c) Export Administration Act of 1979.-- (1) In general.--Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), as continued in effect under the International Emergency Economic Powers Act, is amended-- (A) in paragraph (4)(B)-- (i) in the matter preceding clause (i), by striking ``45 days'' and inserting ``90 days''; and (ii) in clause (i), by striking ``6-month period'' and inserting ``24-month period''; (B) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (C) by inserting after paragraph (4) the following new paragraphs: ``(5) Disapproval of Rescission.--No rescission under paragraph (4)(B) of a determination under paragraph (1)(A) with respect to the government of a country may be made if the Congress, within 90 days after receipt of a report under paragraph (4)(B), enacts a joint resolution described in subsection (f)(2) of section 40 of the Arms Export Control Act with respect to a rescission under subsection (f)(1) of such section of a determination under subsection (d) of such section with respect to the government of such country. ``(6) Notification and Briefing.--Not later than-- ``(A) ten days after initiating a review of the activities of the government of the country concerned within the 24-month period referred to in paragraph (4)(B)(i), the President, acting through the Secretary and the Secretary of State, shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such initiation; and ``(B) 20 days after the notification described in paragraph (1), the President, acting through the Secretary and the Secretary of State, shall brief such committees on the status of such review.''. (2) Regulations.--The President shall amend the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, to the extent necessary and appropriate to carry out the amendment made by paragraph (1).

State Sponsors of Terrorism Review Enhancement Act This bill amends the Foreign Assistance Act of 1961, the Arms Export Control Act, and the Export Administration Act of 1979, with respect to the rescission of a determination of a country as a state sponsor of terrorism, to require that the President has submitted to Congress a report justifying such rescission 90 days (currently 45 days) prior to the rescission taking effect, which certifies that the government concerned has not provided support for international terrorism during the preceding 24 months (currently 6 months). No such rescission under the Foreign Assistance Act of 1961 or the Export Administration Act of 1979 may be made if Congress, within 90 days after receipt of such a presidential report, enacts a joint resolution pursuant to the Arms Export Control Act prohibiting such rescission.

State Sponsors of Terrorism Review Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Lending Improvement Act of 2005''. SEC. 2. NATIONAL PREFERRED LENDERS PROGRAM. Section 7(a)(2) of the Small Business Act (15 U.S.C. 636(a)(2)) is amended by adding at the end the following: ``(E) National preferred lenders program.-- ``(i) Establishment.--There is established the National Preferred Lenders Program in the Preferred Lenders Program operated by the Administration, in which a participant may operate as a preferred lender in any State if such lender meets appropriate eligibility criteria established by the Administration. ``(ii) Terms and conditions.--An applicant shall be approved under the following terms and conditions: ``(I) Term.--Each participant approved under this subparagraph shall be eligible to make loans for not more than 2 years under the program established under this subparagraph. ``(II) Renewal.--At the expiration of the term described in subclause (I), the authority of a participant to make loans for the program established under this subparagraph may be renewed based on a review of performance during the previous term. ``(III) Effect of failure.--Failure to meet the criteria under this subparagraph shall not affect the eligibility of a participant to continue as a preferred lender in a State or district in which the participant is in good standing. ``(iii) Implementation.-- ``(I) Regulations.--As soon as is practicable, the Administrator shall promulgate regulations to implement the program established under this subparagraph. ``(II) Program implementation.--Not later than 120 days after the date of enactment of this subparagraph, the Administrator shall implement the program established under this subparagraph.''. SEC. 3. MAXIMUM LOAN AMOUNT. Section 7(a)(3)(A) of the Small Business Act (15 U.S.C. 636(a)(3)(A)) is amended by striking ``$1,500,000 (or if the gross loan amount would exceed $2,000,000)'' and inserting ``$2,250,000 (or if the gross loan amount would exceed $3,000,000)''. SEC. 4. SECTION 7(A) AUTHORIZATION FOR FISCAL YEAR 2006. Section 20(e)(1)(B)(i) of the Small Business Act (15 U.S.C. 631 note) is amended by striking ``$17,000,000,000'' and inserting ``$18,000,000,000''. SEC. 5. ALTERNATIVE SIZE STANDARD. Section 3(a)(3) of the Small Business Act (15 U.S.C. 632(a)(3)) is amended-- (1) by striking ``When establishing'' and inserting the following: ``Establishment of Size Standards.-- ``(A) In general.--When establishing''; and (2) by adding at the end the following: ``(B) Alternative size standard.-- ``(i) In general.--Not later than 180 days after the date of enactment of this subparagraph, the Administrator shall establish an alternative size standard under paragraph (2), that shall be applicable to loan applicants under section 7(a) or under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.). ``(ii) Criteria.--The alternative size standard established under clause (i) shall utilize the maximum net worth and maximum net income of the prospective borrower as an alternative to the use of industry standards. ``(iii) Interim rule.--Until the Administrator establishes an alternative size standard under clause (i), the Administrator shall use the alternative size standard in section 121.301(b) of title 13, Code of Federal Regulations, for loan applicants under section 7(a) or under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.).''.

Small Business Lending Improvement Act of 2005 - Amends the Small Business Act to establish within the current Preferred Lenders Program operated by the Small Business Administration (SBA) the National Preferred Lenders Program, under which a participant may operate as a preferred lender in any state if the lender meets eligibility criteria established by the SBA. Allows each approved participant to make loans for up to two years under the program. Increases: (1) to up to $3 million the maximum authorized SBA gross loan amount for small businesses; and (2) the FY2006 authorization of appropriations to the SBA for such loans. Directs the SBA Administrator to establish an alternative size standard (measuring the size of a business for purposes of eligibility for small business loans) utilizing the maximum net worth and net income of the prospective borrower as an alternative to the use of industry standards. Requires, in the interim, the use of an alternative size standard regulation.

A bill to establish a National Preferred Lender Program, facilitate the delivery of financial assistance to small businesses, and for other purposes.

SECTION 1. PROMOTING DEVELOPMENT OF SOUTHWEST WATERFRONT. (a) Updated Description of Property.--Section 1 of the Act entitled ``An Act to authorize the Commissioners of the District of Columbia on behalf of the United States to transfer from the United States to the District of Columbia Redevelopment Land Agency title to certain real property in said District'', approved September 8, 1960 (sec. 6-321.01, D.C. Official Code), is amended by striking all that follows the colon and inserting the following: ``The property located within the bounds of the site the legal description of which is the Southwest Waterfront Project Site (dated October 8, 2009) under Exhibit A of the document titled `Intent to Clarify the Legal Description in Furtherance of Land Disposition Agreement', as filed with the Recorder of Deeds on October 27, 2009 as Instrument Number 2009116776.''. (b) Clarification of Method of Transfer.--Section 1 of such Act (sec. 6-321.01, D.C. Official Code) is amended by inserting ``by one or more quitclaim deeds'' immediately after ``to transfer''. (c) Clarification of Relation to Master Development Plan.--Section 2 of such Act (sec. 6-321.02, D.C. Official Code) is amended-- (1) by striking ``an urban renewal plan'' and inserting ``a master plan''; and (2) by striking ``such urban renewal plan'' and inserting ``such master plan''. (d) Expanding Permitted Dispositions and Uses of Certain Property.--Section 4 of such Act (sec. 6-321.04, D.C. Official Code) is amended to read as follows: ``Sec. 4. The Agency is hereby authorized, in accordance with the District of Columbia Redevelopment Act of 1945 and section 1, to lease or sell to a redevelopment company or other lessee or purchaser such real property as may be transferred to the Agency under the authority of this Act.''. (e) Repeal of Reversion.-- (1) Repeal.--Section 5 of such Act (sec. 6-321.05, D.C. Official Code) is repealed. (2) Conforming amendment.--Section 3 of such Act (sec. 6- 321.03, D.C. Official Code) is amended by striking ``Subject to the provisions of section 5 of this Act, the'' and inserting ``The''. (f) Clarification of Role of District of Columbia as Successor in Interest.--Section 8 of such Act (sec. 6-321.08, D.C. Official Code) is amended by striking ``the terms'' and all that follows and inserting ``any reference to the `Agency' shall be deemed to be a reference to the District of Columbia as the successor in interest to the Agency.''. SEC. 2. CLARIFICATION OF PERMITTED ACTIVITIES AT MUNICIPAL FISH MARKET. The Act entitled ``An Act Authorizing the Commissioners of the District of Columbia to make regulations respecting the rights and privileges of the fish wharf'', approved March 19, 1906 (sec. 37- 205.01, D.C. Official Code), is amended-- (1) by striking ``operate as a municipal fish wharf and market'' and inserting ``operate as a market and for such other uses as the Mayor determines to be appropriate''; (2) by striking ``, and said wharf shall constitute the sole wharf for the landing of fish and oysters for sale in the District of Columbia''; and (3) by striking ``operation of said municipal fish wharf and market'' and inserting ``operation of said market''. SEC. 3. MAINE LOBSTERMAN MEMORIAL. (a) In General.--Except as provided in subsection (b), nothing in this Act or any amendment made by this Act authorizes the removal, destruction, or obstruction of the Maine Lobsterman Memorial which is located near Maine Avenue in the District of Columbia as of the date of enactment of this Act. (b) Movement of Memorial.--The Maine Lobsterman Memorial referred to in subsection (a) may be moved from its location as of the date of the enactment of this Act to another location on the Southwest waterfront near Maine Avenue in the District of Columbia if at that location there would be a clear, unimpeded pedestrian pathway and line of sight from the Memorial to the water. SEC. 4. PROJECT FOR NAVIGATION, WASHINGTON CHANNEL, DISTRICT OF COLUMBIA. (a) In General.--The portion of the project for navigation of the Corps of Engineers at Potomac River, Washington Channel, District of Columbia, as authorized by the Act of August 30, 1935 (chapter 831; 49 Stat. 1028), and described in subsection (b), is deauthorized. (b) Description of Project.--The deauthorized portion of the project for navigation is as follows: Beginning at Washington Harbor Channel Geometry Centerline of the 400-foot-wide main navigational ship channel, Centerline Station No. 103+73.12, coordinates North 441948.20, East 1303969.30, as stated and depicted on the Condition Survey Anacostia, Virginia, Washington and Magazine Bar Shoal Channels, Washington, D.C., Sheet 6 of 6, prepared by the United States Army Corps of Engineers, Baltimore district, July 2007; thence departing the aforementioned centerline traveling the following courses and distances: N. 40 degrees 10 minutes 45 seconds E., 200.00 feet to a point, on the outline of said 400-foot-wide channel thence binding on said outline the following 3 courses and distances: S. 49 degrees 49 minutes 15 seconds E., 1,507.86 feet to a point, thence; S. 29 degrees 44 minutes 42 seconds E., 2,083.17 feet to a point, thence; S. 11 degrees 27 minutes 04 seconds E., 363.00 feet to a point, thence; S. 78 degrees 32 minutes 56 seconds W., 200.00 feet to a point binding on the centerline of the 400-foot-wide main navigational channel at computed Centerline Station No. 65+54.31, coordinates North 438923.9874, East 1306159.9738, thence; continuing with the aforementioned centerline the following courses and distances: N. 11 degrees 27 minutes 04 seconds W., 330.80 feet to a point, Centerline Station No. 68+85.10, thence; N. 29 degrees 44 minutes 42 seconds W., 2,015.56 feet to a point, Centerline Station No. 89+00.67, thence; N. 49 degrees 49 minutes 15 seconds W., 1,472.26 feet to the point of beginning, the area in total containing a computed area of 777,284 square feet or 17.84399 acres of riparian water way. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the District of Columbia Official Code to revise certain specifications for the authorized transfer by the District Council, on behalf of the United States, to the District Redevelopment Land Agency of all federal right, title, and interest in the Southwest Waterfront Project Site. Authorizes such transfer by one or more quitclaim deeds. Authorizes the Agency to lease or sell the Site to a redevelopment company or other lessee or purchaser. Repeals the U.S. reversionary interest in such property. Amends the Code with respect to the municipal fish wharf and market in Southwest D.C. to remove its exclusive character as a fish wharf and market and make it simply a market. Repeals its designation as the sole wharf for the landing of fish and oysters for sale in the District of Columbia. Declares that nothing in this Act or any amendment made by it authorizes the removal, destruction, or obstruction of the Maine Lobsterman Memorial located near Maine Avenue in the District as of the enactment of this Act. Authorizes removal of the Memorial, however, from this location to another one on the Southwest waterfront of Maine Avenue if at the second location there would be a clear, unimpeded pedestrian pathway, and line of sight from the Memorial to the water. Deauthorizes a specified portion of the project for navigation of the Corps of Engineers at Potomac River, Washington Channel, District of Columbia.

To promote the development of the Southwest waterfront in the District of Columbia, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bison Management Improvement Act of 1995''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that: (1) The natural resources of Yellowstone National Park are unique to the world, and the free-ranging wildlife found within and adjacent to the park, including bison and elk, are of significant economic, recreational, and esthetic value to the American people. (2) The livestock industry is vital to the economy, culture, and lifestyle of the Yellowstone area. (3) The ability of livestock producers in Montana, Wyoming, and Idaho to freely market cattle is jeopardized by uncertainty concerning the application of the Uniform Methods and Rules of the National Brucellosis Eradication Program and by actions of other States. (4) The containment and eventual elimination of the disease brucellosis in the Yellowstone area is important to the maintenance of State livestock-dependent economies. (5) Better scientific information is needed regarding the etiology of Brucella abortus in wildlife, the potential for containment and eventual elimination of the disease, and the potential for transmission between wildlife and domestic livestock. (6) Bison are of significant cultural and spiritual value to Native Americans, and preservation and restoration of buffalo to tribal lands is important. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) provide a comprehensive framework to address plans for the containment and eventual elimination of brucellosis from the Yellowstone area by the year 2010; (2) recognize the cultural, spiritual, and economic value of bison to Native Americans and to promote the restoration of these animals to tribal lands; (3) to support, promote, and coordinate scientific research related to the management necessary to achieve containment and eventual elimination of brucellosis from the Yellowstone area; (4) to provide economic stability to the livestock producers in Montana, Idaho, and Wyoming by establishing criteria and regulatory guidelines for such management; (5) assure that brucellosis related management recommendations and decisions are based on defensible and factual scientific information; and (6) to ensure that Yellowstone wildlife are managed in a manner that allows bison and other ungulates to range across jurisdictional boundaries on public lands in the Yellowstone area. SEC. 4. DEFINITIONS. As used in this Act: (1) The term ``Yellowstone area'' means the area consisting of the lands, water, and interests therein within the area generally depicted on the map entitled ``Boundary Map'', numbered , and dated . The map shall be on file and available for public inspection in the offices of the Animal Plant Health Inspection Service, United States Department of Agriculture and the National Park Service, Department of the Interior. The Secretaries may from time to time make minor revisions in the boundary of the natural area to promote management effectiveness and efficiency in the furtherance of this Act. (2) The term ``brucellosis'' means a disease which causes abortion in cattle and some other ungulates as a result of infection by Brucella abortus. (3) The term ``Yellowstone Interagency Brucellosis Committee'' means the committee established by States of Wyoming, Idaho, and Montana, and the United States Department of Agriculture and the United States Department of the Interior, signatories to a Memorandum of Understanding. (4) The term ``surplus bison'' means populations, subpopulations, or individual bison that are located on or may enter on to private property against the wishes of the landowner, come into contract with or intermingle with the lawfully present livestock on public lands, or that have exceeded the numbers allowed under planning documents for discrete geographic areas. (5) The term ``Secretaries'' means the Secretary of Agriculture and the Secretary of the Interior. SEC. 5. YELLOWSTONE BRUCELLOSIS FREE MANAGEMENT AREA. For the purposes of protecting exceptional wildlife and agricultural values, providing for better management of Yellowstone National Park bison herds, and providing a comprehensive approach to the management, containment, and eventual elimination of brucellosis from the Yellowstone area, there is hereby established the Yellowstone Brucellosis Free Management Area. This area is defined in section 4 as ``Yellowstone area''. SEC. 6. POWERS AND DUTIES OF SECRETARIES. (a) Within Yellowstone Brucellosis Free Management Area.--Within the Yellowstone Brucellosis Free Management Area, the Secretaries are authorized and directed to develop joint bison and elk management plans with the respective States of Montana, Wyoming, and Idaho. Such plans shall provide for temporal and spatial separation of bison from lawfully present cattle on public lands unless the Secretary of Agriculture determines that currently available vaccination programs provide sufficient protection from Brucella abortus and that cattle and bison can be present on the same lands concurrently. These plans shall allow for the seasonal migration of elk and bison populations. (b) Transport of Bison to Tribal Lands.--The Secretary of Agriculture shall develop plans and protocols that will allow quarantine of surplus bison and following quarantine transportation of such bison to tribal lands. (c) Wildlife Populations.--The Secretary of Agriculture shall develop and implement plans in cooperation with the respective States for the elimination of Brucella abortus from the wildlife populations of the Yellowstone area. Such plans shall recognize the high public value associated with free-ranging ungulate herds. (d) Use of Yellowstone Interagency Brucellosis Committee.-- Notwithstanding the Federal Advisory Committee Act, the Secretaries may use the Yellowstone Interagency Brucellosis Committee, or any of its subcommittees, to develop the plans and recommendations necessary to achieve the purposes of this Act. SEC. 7. ADMINISTRATION. (a) In General.--Based on the best scientific information available, the Secretary of Agriculture is authorized, with the concurrence of the Secretary of the Interior, to prescribe regulations necessary to carry out the purposes and objectives of this Act. (b) Factors.--In prescribing such regulations, the Secretaries shall give full consideration to all factors which affect the important ecological relationships of wildlife in the Yellowstone area and the need to provide market stability for cattle producers, including but not limited to-- (1) providing reasonable and achievable transportation protocols for the transportation, quarantine, and restoration of bison to Native American lands; (2) the need to provide the States of Montana, Idaho, and Wyoming reasonable assurances regarding their Class-Free Brucellosis Status and reduce any unfair market barriers imposed by other States as a result of free-ranging bison; and (3) provide special rules under the National Brucellosis Eradication Program that preserves the Class-Free Brucellosis Status for Montana, Idaho, and Wyoming outside of the Yellowstone area while recognizing the special needs and considerations within the Yellowstone Brucellosis Free Management Area. SEC. 8. RESEARCH AUTHORIZATION. (a) In General.--The Secretary of Agriculture shall undertake a program of research through the Agricultural Research Service to understand the etiology of Brucella abortus in wild ungulate populations, brucellosis transmission from wild ungulates to domestic livestock, and to develop safe, effective vaccines and delivery systems that will prevent the transmission of the disease between ungulate species and ultimately eliminate the organism from the Yellowstone area. (b) Grants and Financial Assistance.--The Secretary of Agriculture and the Secretary of the Interior are authorized to make grants, or to provide financial assistance in such other form as they deem appropriate, to any Federal or State agency, public or private institution, or other person for the purpose of assisting such agency, institution, or person to undertake research in subjects which are relevant to the management and elimination of the disease brucellosis from the Yellowstone area. SEC. 9. DISPOSITION OF SURPLUS BISON. (a) General Authorization.--The Secretaries shall work with the States and Indian tribes in the management and disposition of bison determined by the Secretary of the Interior to be surplus bison. (b) Facilities.--The Secretaries are authorized to construct temporary or permanent handling, capture, quarantine, or testing facilities on or adjacent to Federal lands. Such facilities shall be subject to full compliance under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and applicable State laws. (c) Donation, Sale, or Disposal of Bison.--(1)(A) The Secretary of the Interior is authorized in his discretion under such conditions as he may prescribe to give bison to Federal, State, county, and municipal authorities for zoos, parks, or equivalent public purposes. The Secretary may provide surplus bison to Native American tribes, tribal cooperatives, or other tribal organizations as he may prescribe. (B) The transportation costs associated with receiving elk or bison under subparagraph (A) shall be recovered from the benefiting organization. (2) The Secretary may sell or otherwise dispose of bison under such conditions as he may prescribe and all monies received from the sale of any such surplus bison shall be credited to the appropriation current at the time to offset management costs. SEC. 10. USE AND ACQUISITION OF LANDS. Within the Yellowstone area, the Secretaries may acquire lands or interest in lands for the purpose of carrying out the provisions of this Act, including lands for handling, capturing, testing, quarantining, or transporting. Acquisition or use is authorized by lease, cooperative agreement, donation, purchase with donated, or appropriated funds. SEC. 11. LIMITATION ON FEDERAL ACTION. The Secretary of Agriculture shall take no action to downgrade the Class-Free Brucellosis Status of the states of Montana, Wyoming, or Idaho under the rules of the National Brucellosis Eradication Program as long as the Interim Bison Management Plan currently in effect and bison and elk management plans currently under development continue to provide adequate temporary and spatial separation between bison, elk, and livestock. SEC. 12. LIMITATION ON STATE ACTION. No State shall impose requirements on livestock originating from Montana, Wyoming, or Idaho, that it does not impose on other States that have been designated Brucellosis Class-Free as long as the United States Department of Agriculture brucellosis free designation remains in place. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Department of the Interior and the Department of Agriculture such sums as are necessary to carry out the purposes of this Act. (b) Availability.--Funds appropriated for planning or research shall remain available until expended.

Bison Management Improvement Act of 1995 - Establishes the Yellowstone Brucellosis Free Management Area in Montana, Wyoming, and Idaho. Directs the Secretaries of Agriculture and of the Interior to develop joint bison and elk management plans with the States. Requires the Secretary of Agriculture (Secretary) to: (1) develop plans and protocols that will allow quarantine of surplus bison and following quarantine transportation of such bison to tribal lands; and (2) develop and implement plans in cooperation with such States for the elimination of Brucella abortus from the wildlife populations of the Area. Allows the Secretaries to use the Yellowstone Interagency Brucellosis Committee or its subcommittees to develop the plans and recommendations necessary to achieve the purposes of this Act. Directs the Secretary to undertake a program of research through the Agricultural Research Service to understand the etiology of Brucella abortus in wild ungulate populations and brucellosis transmission from wild ungulates to domestic livestock, and to develop safe, effective vaccine and delivery systems that will prevent the transmission of the disease between ungulate species and ultimately eliminate the organism from the Area. Authorizes the Secretaries to make grants or provide financial assistance to Federal or State agencies, public or private institutions, or other persons undertaking research in subjects which are relevant to the management and elimination of Brucellosis from the Area. Directs the Secretaries to work with the States and Indian tribes in the management and disposition of bison determined by the Secretary of the Interior to be surplus. Authorizes the Secretaries to construct temporary or permanent handling, capture, quarantine, or testing facilities on, or adjacent to, Federal lands that are subject to full compliance under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and applicable State laws. Outlines provisions concerning: (1) donation, sale, or disposal of bison; and (2) use and acquisition of lands within the Area to carry out this Act. Prohibits the Secretary from taking action to downgrade the Class-Free Brucellosis Status of Montana, Wyoming, and Idaho under the rules of the National Brucellosis Eradication Program as long as the Interim Bison Management Plan currently in effect and bison and elk management plans currently under development continue to provide adequate temporary and spatial separation between bison, elk, and livestock. Bans a State from imposing requirements on livestock originating from such States that it does not impose on other States that have been designated Brucellosis Class-Free as long as the Department of Agriculture brucellosis-free designation remains in place. Authorizes appropriations.

Bison Management Improvement Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agriculture Data Act of 2018''. SEC. 2. DATA ON CONSERVATION PRACTICES. Subtitle E of title XII of the Food Security Act of 1985 (16 U.S.C. 3841 et seq.) is amended by adding at the end the following: ``SEC. 1247. DATA ON CONSERVATION PRACTICES. ``(a) Purpose.--The purpose of this section is to increase the knowledge of how covered conservation practices or suites of covered conservation practices impact farm and ranch profitability (such as crop yields, soil health, and other risk-reducing factors) by using an appropriate collection, review, and analysis of data. ``(b) Definitions.--In this section: ``(1) Covered conservation practice.--The term `covered conservation practice' means a specific conservation practice or enhancement that is designed to protect soil health, farm and ranch productivity, or both (including the protection of wildlife habitat) while maintaining or enhancing crop yields in an economically sustainable manner (including such a conservation practice or enhancement that is supported by the Department or used independently by a producer), as determined by the Secretary. ``(2) Department.--The term `Department' means the Department of Agriculture. ``(c) Data Collection, Review, Analysis, and Technical Assistance.--The Secretary, acting through the one or more applicable Under Secretaries that head mission areas relating to farm and ranch productivity and conservation, in coordination with the Chief Economist and the Under Secretary for Research, Education, and Economics, shall carry out the following activities: ``(1) Not less frequently than once each year, review, and publish a summary of, existing research of the Department, institutions of higher education, and other organizations relating to the impacts of covered conservation practices on enhancing crop yields, soil health, and otherwise reducing risk and improving farm and ranch profitability. ``(2) Identify currently collected data relating to the impacts of covered conservation practices on enhancing crop yields, soil health, and otherwise reducing risk and improving farm and ranch profitability generated or collected by the Department, including the Farm Service Agency, the Risk Management Agency, the Natural Resources Conservation Service, the National Agricultural Statistics Service, the Economic Research Service, the Forest Service, and any other relevant agency, as determined by the Secretary. ``(3) Collect any additional producer data, baseline data, or other data relating to the impacts of covered conservation practices on enhancing crop yields, soil health, and otherwise reducing risk and improving farm and ranch profitability necessary to achieve the purpose described in subsection (a). ``(4) Ensure that producer data identified or collected under paragraph (2) or (3), respectively, are collected in a compatible format at the field- and farm-level and in a manner that places the lowest practicable burden on producers and improves the interoperability of the data collected by the Department for the purposes of this section and optimizes the interoperability to the extent practicable with conservation practice-related data generated by other organizations and other activities of the Department. ``(5) Establish procedures for producers to voluntarily elect to be contacted to participate in or submit additional research and to provide supplemental data that may be useful in analyzing the impacts of covered conservation practices on enhancing crop yields, soil health, and otherwise reducing risk and improving farm and ranch profitability. ``(6) Integrate and analyze the data identified or collected under this subsection to consider the impacts of covered conservation practices on enhancing crop yields, soil health, and otherwise improving farm and ranch profitability. ``(7) To the extent practicable, integrate, collate, and link data identified in this subsection with other external data sources that include crop yields, soil health, and conservation practices. ``(8) Establish a conservation and farm productivity data warehouse in order to make the results of the data collection and analysis under this subsection available to academic institutions and researchers determined appropriate by the Secretary under subsection (d)(1). ``(9) Widely disseminate the research, analyzed data, and other information obtained through carrying out this section that demonstrates the impacts of covered conservation practices on enhancing crop yields, soil health, and otherwise reducing risk and improving farm and ranch profitability in a manner that makes it easily used and implemented by producers and other stakeholders. ``(d) Collaboration With Research Academic Institutions or Researchers.-- ``(1) In general.--To carry out this section, the Secretary may enter into one or more agreements with one or more academic institutions or researchers determined appropriate by the Secretary-- ``(A) to provide technical assistance, expertise, and technology infrastructure, as needed, to develop the data warehouse established under subsection (c)(8); ``(B) to provide to those academic institutions and researchers access to data collected in carrying out this section; and ``(C) to establish procedures for producers to voluntarily elect to be contacted to participate in or submit additional research and to provide supplemental data that may be useful in analyzing the impacts of covered conservation practices on enhancing crop yields, soil health, and otherwise reducing risk and improving farm and ranch profitability. ``(2) Procedures to protect integrity and confidentiality.-- ``(A) In general.--Before providing access to any data under paragraph (1), the Secretary shall establish procedures to protect the integrity and confidentiality of proprietary producer data. ``(B) Requirements.--Procedures under subparagraph (A) shall provide appropriate private protections to the producer data, including-- ``(i) prohibiting the sale of any individual producer data; and ``(ii) requiring any published research to release only aggregated data. ``(e) Producer Tools.-- ``(1) In general.--Not later than 3 years after the date of enactment of this section, the Secretary shall provide technical assistance, including through internet-based tools, based on the analysis conducted in carrying out this section and other sources of relevant data, to assist producers in improving sustainable production practices that increase yields and enhance environmental outcomes. ``(2) Internet-based tools.--Internet-based tools described in paragraph (1) shall provide to producers, to the maximum extent practicable-- ``(A) confidential data specific to each farm or ranch of the producer; and ``(B) general data relating to the impacts of covered conservation practices on enhancing crop yields, soil health, and otherwise reducing risk and improving farm and ranch profitability. ``(f) Effect on Privacy Protection Laws.--Nothing in this section affects the applicability to this section of-- ``(1) section 1770; ``(2) section 1619 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8791); ``(3) section 502(c) of the Federal Crop Insurance Act (7 U.S.C. 1502(c)); ``(4) section 552a of title 5, United States Code; or ``(5) any other applicable privacy law that protects personally identifiable information of producers. ``(g) Reporting.--Not later than 1 year after the date of enactment of this section, and each year thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes-- ``(1) a summary of the analysis conducted under this section; ``(2) the number and regions of producers that voluntarily submitted information under subsections (c)(5) and (d)(1)(C); ``(3) a description of any additional or new activities planned to be conducted under this section in the next fiscal year, including-- ``(A) research relating to any additional conservation practices; ``(B) any new types of data to be collected; ``(C) any improved or streamlined data collection efforts associated with this section; and ``(D) any new research projects; and ``(4) in the case of the first two reports submitted under this subsection, a description of the current status of the implementation of activities under subsection (c).''.

Agriculture Data Act of 2018 This bill amends the Food Security Act of 1985 to require the Department of Agriculture (USDA) to collect, review, analyze, and disseminate certain data on the impact of conservation practices on farm and ranch profitability, including the effect on crop yields, soil health, and other risk-reducing factors. The bill also requires USDA to establish a conservation and farm productivity data warehouse to make the results of the data collection and analysis available to academic institutions and researchers. USDA must also provide technical assistance, including through internet-based tools, based on the analysis conducted and other relevant data, to assist producers in improving sustainable production practices that increase yields and enhance environmental outcomes.

Agriculture Data Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Reasonable Energy Price Protection Act of 2005''. 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 56--WINDFALL PROFIT ON CRUDE OIL, NATURAL GAS, AND PRODUCTS THEREOF ``Sec. 5896. Imposition of tax. ``SEC. 5896. 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 56. 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. 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 5896 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. SEC. 4. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM. In addition to amounts appropriated pursuant to section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621), there are hereby appropriated to the Secretary of Health and Human Services amounts equivalent to the taxes received in the Treasury under section 5896 of the Internal Revenue Code of 1986. Amounts appropriated under the preceding sentence shall be available for allocation under section 2604(a)(1)(A) of such Act (42 U.S.C. 8623(a)(1)(A)).

Consumer Reasonable Energy Price Protection Act of 2005 - Amends the Internal Revenue Code to impose a windfall profit tax on crude oil, natural gas, or fuel which is the product of crude oil or natural gas. Defines "windfall profit" as so much of the profit as exceeds a reasonable profit. Establishes a Reasonable Profits Board to determine reasonable profit. Dedicates the proceeds of such tax to the low-income home energy assistance program.

To amend the Internal Revenue Code of 1986 to impose a windfall profit tax on oil and natural gas (and products thereof) and to appropriate the proceeds for the Low-Income Home Energy Assistance Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Private Sector Office Engagement Act of 2014''. SEC. 2. PRIVATE SECTOR OFFICE. (a) In General.--Subsection (f) of section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is amended to read as follows: ``(f) Authorization.-- ``(1) In general.--There is within the Department an office to be known as the `Private Sector Office' (in this section referred to as the `Office'). The Office shall be headed by the Assistant Secretary for Private Sector Coordination, who shall be appointed by the Secretary. ``(2) Mission.--The mission of the Private Sector Office shall be to-- ``(A) create and foster strategic engagement with the private sector to enhance the primary mission of the Department to protect the United States; and ``(B) conduct ongoing economic impact analysis to reduce the burden of Department decisions, regulations, and initiatives on the private sector and the United States economy. ``(3) Qualifications of the assistant secretary.--The Assistant Secretary for Private Sector Coordination shall have-- ``(A) a minimum of ten years of professional experience working in the private sector; ``(B) a minimum of five years of management experience; and ``(C) a basic knowledge of the regulatory process. ``(4) Deputy assistant secretary.--The Office shall have a Deputy Assistant Secretary. Such position shall be part of the career civil service and the individual serving in such position shall satisfy the qualifications specified in paragraph (3) relating to the Assistant Secretary, except that the ten year professional experience requirement under subparagraph (A) of such paragraph may be satisfied by a combination of engaging with or working in the private sector. ``(5) Responsibilities.--The Assistant Secretary for Private Sector Coordination shall-- ``(A) create a strategic plan for the Office, to be updated or affirmed at a minimum each time there is a new Assistant Secretary; ``(B) advise, inform, and assist the Secretary regarding the impact on the private sector of the Department's policies, regulations, processes, and actions; ``(C) analyze and report to the Secretary and other appropriate Department officials regarding the economic impact of changes in homeland security policy, including all regulations originating from the Department before such regulations are available for comment in the Federal Register; ``(D) determine what actions, if any, are needed to reduce associated homeland security burdens on the private sector, including unnecessary barriers to private sector job creation; ``(E) create and foster strategic engagement with the private sector to improve homeland security; ``(F) coordinate private sector efforts, with respect to functions of the Department and throughout all components of the Department, to identify private sector resources and capabilities that could be effective in augmenting Federal, State, and local government agency efforts to prevent or respond to an incident; ``(G) in coordination with appropriate components of the Department, encourage and promote to the private sector best practices regarding cyber security and critical infrastructure protection; ``(H) provide information to the private sector regarding voluntary preparedness and the business justification for resilience; ``(I) advise the Secretary regarding the Department's collective recommendation in evaluating commercial actions pending with other relevant Federal agencies with homeland security related functions; ``(J) provide technical assistance across the Department on issues related to international trade, aviation security, supply chain security, global customs modernization, trade facilitation, and intellectual property rights; ``(K) promote existing public-private partnerships and develop new public-private partnerships to provide for collaboration and mutual support to address homeland security challenges; ``(L) create and manage private sector advisory councils composed of representatives of industries and associations designated by the Secretary to advise the Secretary regarding-- ``(i) private sector solutions as such relate to homeland security challenges; ``(ii) homeland security policies, regulations, processes, and actions that affect such industries and associations; and ``(iii) private sector preparedness issues, including effective methods for-- ``(I) promoting voluntary preparedness standards to the private sector; and ``(II) assisting the private sector in adopting voluntary preparedness standards; and ``(M) collaborate with the Chief Human Capital Officer to facilitate the DHS Loaned Executive Program through which the Department can obtain ad hoc, unpaid, short-term expertise through appointment of appropriate individuals from the private sector to provide critical skills that, to be fully utilized, require an appointment as an employee and cannot be obtained through other existing hiring mechanisms. ``(6) Accountability.-- ``(A) In general.--Not later than 120 days after the date of the enactment of this Act, the Office shall develop objective output and outcome-based performance metrics and measures that will be maintained over time. ``(B) Biannual assessments.--The Comptroller General of the United States shall perform biannual assessments of the Office's performance metrics and measures referred to in subparagraph (A), including an evaluation of the accuracy of the economic impact analysis conducted under paragraph (2)(A). ``(C) Annual briefings.--The Assistant Secretary shall annually brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the activities and performance metrics and measures of the Office. ``(7) Sunset and reevaluation.--The authorization under this subsection shall expire on December 31, 2018. The Secretary shall conduct an assessment of the Office concurrently with the next Quadrennial Homeland Security Review required under section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) that is required after the date of the enactment of this subsection, and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the following: ``(A) Office performance against the performance metrics and measures referred to in paragraph (6)(A). ``(B) Office strategic plan. ``(C) The results of the biannual assessments under paragraph (6)(B). ``(D) Input from relevant private sector stakeholders and Congress. ``(8) Miscellaneous.--The Office shall not duplicate the functions of the Chief Procurement Officer as the Department's primary liaison for industry or the Office of Small and Disadvantaged Business Utilization regarding potential goods or services the Department may acquire.''. (b) Prohibition on Additional Authorization of Appropriations.--No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act. This Act and such amendments shall be carried out using amounts otherwise available for such purposes.

DHS Private Sector Office Engagement Act of 2014 - Amends the Homeland Security Act of 2002 to replace provisions directing the Secretary of Homeland Security (DHS) to appoint a Special Assistant responsible for private sector matters with provisions establishing within DHS a Private Sector Office, to be headed by an Assistant Secretary for Private Sector Coordination. Establishes as the Office's mission to: (1) create and foster strategic engagement with the private sector to enhance the primary mission of DHS to protect the United States; and (2) conduct ongoing economic impact analysis to reduce the burden of DHS decisions, regulations, and initiatives on the private sector and the U.S. economy. Includes among the Assistant Secretary's responsibilities: to create a strategic plan for the Office; to advise the Secretary regarding the impact of DHS's policies, regulations, processes, and actions on the private sector; to analyze the economic impact of changes in homeland security policy; to determine actions needed to reduce associated homeland security burdens on the private sector; to foster strategic engagement with the private sector to improve homeland security; to promote to the private sector best practices regarding cyber security and critical infrastructure protection; to promote and develop public-private partnerships to provide for collaboration and mutual support to address homeland security challenges; and to collaborate with the Chief Human Capital Officer to facilitate the DHS Loaned Executive Program. Terminates the Office on December 31, 2018. Directs the Secretary to conduct an assessment of the Office concurrently with the next Quadrennial Homeland Security Review.

DHS Private Sector Office Engagement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Preservation and Tobacco Advertising Compliance Act''. SEC. 2. DISALLOWANCE OF TAX DEDUCTIONS FOR CERTAIN ADVERTISING, PROMOTION, AND MARKETING EXPENSES RELATING TO TOBACCO PRODUCT USE. (a) In General.--Part IX of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following: ``SEC. 280I. DISALLOWANCE OF DEDUCTION FOR CERTAIN TOBACCO ADVERTISING, PROMOTION, AND MARKETING EXPENSES. ``(a) In General.--No deduction shall be allowed under this chapter for any taxable year for any expenditure relating to advertising, promoting, or marketing tobacco products if such advertising, promoting, or marketing, or such expenditure is prohibited under the following subsections. ``(b) Prohibition of Certain Advertising.-- ``(1) Prohibition on outdoor advertising.-- ``(A) In general.--No manufacturer, distributor, or retailer may use any form of outdoor tobacco product advertising, including billboards, posters, or placards. ``(B) Stadia and arenas.--Except as otherwise provided in this section, a manufacturer, distributor, or retailer shall not advertise tobacco products in any arena or stadium where athletic, musical, artistic, or other social or cultural events or activities occur. ``(2) Prohibition on use of human images and cartoons.--No manufacturer, distributor, or retailer may use a human image or a cartoon character or cartoon-type character in its advertising, labeling, or promotional material with respect to a tobacco product. ``(3) Prohibition on advertising on the internet.--No manufacturer, distributor, or retailer may use the Internet to advertise tobacco products unless such an advertisement is inaccessible in or from the United States. ``(4) Prohibition on point of sale advertising.-- ``(A) In general.--Except as otherwise provided in this paragraph, no manufacturer, distributor, or retailer may use point of sale advertising of tobacco products. ``(B) Adult only stores and tobacco outlets.-- Subparagraph (A) shall not apply to point of sale advertising at adult only stores and tobacco outlets. ``(C) Permissible advertising.-- ``(i) In general.--Each manufacturer of tobacco products may display not more than 2 separate point of sale advertisements in or at each location at which tobacco products are offered for sale. ``(ii) Retailers.--No manufacturer, distributor, or retailer may enter into any arrangement with a retailer to limit the ability of the retailer to display any form of permissible point of sale advertisement or promotional material originating with another manufacturer, distributor, or retailer. ``(D) Limitations.-- ``(i) In general.--A point of sale advertisement permitted under this paragraph shall be comprised of a display area that is not larger than 576 square inches (either individually or in the aggregate) and shall consist only of black letters on a white background or other recognized typographical marks. Such advertisement shall not be attached to nor located within 2 feet of any fixture on which candy is displayed for sale. ``(ii) Audio and video formats.--Audio and video advertisements otherwise permitted under this section may be distributed to individuals who are 18 years of age or older at point of sale but may not be played or viewed at such point of sale. ``(iii) Display fixtures.--Display fixtures in the form of signs consisting of brand name and price and not larger than 2 inches in height are permitted. ``(c) Additional Restrictions.-- ``(1) Restriction on product names.--A manufacturer shall not use a trade or brand name of a nontobacco product as the trade or brand name for a cigarette or smokeless tobacco product, except for a tobacco product whose trade or brand name was on both a tobacco product and a nontobacco product that were sold in the United States on January 1, 1998. ``(2) Advertising limit actions.-- ``(A) In general.--A manufacturer, distributor, or retailer may in accordance with this section, disseminate or cause to be disseminated advertising or labeling which bears a tobacco product brand name (alone or on conjunction with any other word) or any other indicia of tobacco product identification only in newspapers, in magazines, in periodicals or other publications (whether periodic or limited distribution), on billboards, posters and placards in accordance with subsection (b)(1), in nonpoint of sale promotional material (including direct mail), in point- of-sale promotional material, and in audio or video formats delivered at a point-of-sale. ``(B) Limitation.--A manufacturer, distributor, or retailer that intends to disseminate, or to cause to be disseminated, advertising or labeling for a tobacco product in a medium that is not described in subparagraph (A) shall notify the Secretary of Health and Human Services not less than 30 days prior to the date on which such medium is to be used. Such notice shall describe the medium and discuss the extent to which the advertising or labeling may be seen by individuals who are under 18 years of age. ``(C) Action by secretary.--Not later than 30 days after the date on which the Secretary receives a notice under subparagraph (B), the Secretary shall make a determination with respect to the action to be taken concerning such notice. ``(3) Restriction on placement in entertainment media.--No payment shall be made by any manufacturer, distributor, or retailer for the placement of any tobacco product or tobacco product package or advertisement-- ``(A) as a prop in any television program or motion picture produced for viewing by the general public; or ``(B) in a video or on a video game machine. ``(4) Restrictions on glamorization of tobacco products.-- No direct or indirect payment shall be made, or consideration given, by any manufacturer, distributor, or retailer to any entity for the purpose of promoting the image or use of a tobacco product through print, film or broadcast media that appeals to individuals under 18 years of age or through a live performance by an entertainment artist that appeals to such individuals. ``(d) Format and Content Requirements for Labeling and Advertising.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), each manufacturer, distributor, or retailer advertising or causing to be advertised, disseminating or causing to be disseminated, any labeling or advertising for a tobacco product shall use only black text on a white background. ``(2) Certain advertising excepted.-- ``(A) In general.--Paragraph (1) shall not apply to advertising-- ``(i) in any facility where vending machines and self-service displays are located if the advertising involved-- ``(I) is not visible from outside of the facility; and ``(II) is affixed to a wall or fixture in the facility; ``(ii) that appears in any publication (whether periodic or limited distribution) that is an adult publication. ``(B) Adult publication.--For purposes of subparagraph (A)(ii), the term `adult publication' means a newspaper, magazine, periodical, or other publication-- ``(i) whose readers under 18 years of age constitute 15 percent or less of the total readership as measured by competent and reliable survey evidence; and ``(ii) that is read by fewer than 2,000,000 individuals who are under 18 years of age as measured by competent and reliable survey evidence. ``(3) Audio or video formats.--Each manufacturer, distributor or retailer advertising or causing to be advertised any advertising for a tobacco product in an audio or video format shall comply with the following: ``(A) With respect to an audio format, the advertising shall be limited to words only with no music or sound effects. ``(B) With respect to a video format, the advertising shall be limited to static black text only on a white background. Any audio with the video advertising shall be limited to words only with no music or sound effects. ``(e) Ban on Nontobacco Items and Services, Contests and Games of Chance, and Sponsorship of Events.-- ``(1) Ban on all non-tobacco merchandise.--No manufacturer, importer, distributor, or retailer shall market, license, distribute, sell or cause to be marketed, licensed, distributed or sold any item (other than tobacco products) or service, which bears the brand name (alone or in conjunction with any other word), logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification similar or identifiable to those used for any brand of tobacco products. ``(2) Gifts, contests, and lotteries.--No manufacturer, distributor, or retailer shall offer or cause to be offered to any person purchasing tobacco products any gift or item (other than a tobacco product) in consideration of the purchase of such products, or to any person in consideration of furnishing evidence, such as credits, proofs-of-purchase, or coupons, of such a purchase. ``(3) Sponsorship.-- ``(A) In general.--No manufacturer, distributor, or retailer shall sponsor or cause to be sponsored any athletic, musical, artistic or other social or cultural event, or any entry or team in any event, in which the brand name (alone or in conjunction with any other word), logo, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification similar or identical to those used for tobacco products is used. ``(B) Use of corporate name.--A manufacturer, distributor, or retailer may sponsor or cause to be sponsored any athletic, musical, artistic, or other social or cultural event in the name of the corporation which manufactures the tobacco product if-- ``(i) both the corporate name and the corporation were registered and in use in the United States prior to January 1, 1995; and ``(ii) the corporate name does not include any brand name (alone or in conjunction with any other word), logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia or product identification identical or similar to, or identifiable with, those used for any brand of tobacco products. ``(f) Definitions.--For purposes of this section-- ``(1) In general.--Any term used in this section which is also used in section 5702 shall have the same meaning given such term by section 5702. ``(2) Brand.--The term `brand' means a variety of a tobacco product distinguished by the tobacco used, tar content, nicotine content, flavoring used, size, filtration, or packaging. ``(3) Distributor.--The term `distributor' means any person who furthers the distribution of tobacco products, whether domestic or imported, at any point from the original place of manufacture to the person who sells or distributes the product to individuals for personal consumption. Such term shall not include common carriers. ``(4) Package.--The term `package' means a pack, box, carton, or container of any kind in which tobacco products are offered for sale, sold, or otherwise distributed to consumers. ``(5) Point of sale.--The term `point of sale' means any location at which an individual can purchase or otherwise obtain tobacco products for personal consumption. ``(6) Point of sale advertising.--The term `point of sale advertising' means all printed or graphical materials bearing the brand name (alone or in conjunction with any other word), logo, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification similar or identical to those used for tobacco products, which, when used for its intended purpose, can reasonably be anticipated to be seen by customers at a location at which tobacco products are offered for sale. ``(7) Retailer.--The term `retailer' means any person who sells tobacco products to individuals for personal consumption, or who operates a facility where vending machines or self- service displays are located. ``(8) Video.--The term `video' means an audiovisual work produced for viewing by the general public, such as a television program, a motion picture, a music video, and the audiovisual display of a video game. ``(9) Video game.--The term `video game' means any electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own cathode ray tube, or is designed to be used with a television set or a monitor, that interacts with the user of the device.''. (b) Conforming Amendment.--The table of sections for such part IX is amended by adding after the item relating to section 280H the following: ``Sec. 280I. Disallowance of deduction for certain tobacco advertising, promotion, and marketing expenses.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998.

Children's Health Preservation and Tobacco Advertising Compliance Act - Amends the Internal Revenue Code to disallow tax deductions for certain youth-oriented tobacco advertising, promotion, and marketing expenses.

Children's Health Preservation and Tobacco Advertising Compliance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neotropical Migratory Bird Conservation Improvement Act of 2006''. SEC. 2. AMENDMENTS TO NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT. (a) Findings.--Section 2(1) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6101(1)) is amended by inserting ``but breed in Canada and the United States'' after ``the Caribbean''. (b) Purposes.--Section 3(2) of such Act (16 U.S.C. 6102(2)) is amended by inserting ``Canada,'' after ``United States,''. (c) Definition of Caribbean.--Section 4 of such Act (16 U.S.C. 6103) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (5), respectively; (2) by inserting after paragraph (1) the following: ``(2) Caribbean.--The term `Caribbean' includes Puerto Rico and the United States Virgin Islands.''; and (3) by inserting after paragraph (3), as so redesignated, the following: ``(4) Fund.--The term `Fund' means the Neotropical Migratory Bird Conservation Fund established by section 9(a).''. (d) Authorization of Projects to Enhance Conservation in Canada.-- Section 5(c)(2) of such Act (16 U.S.C. 6104(c)(2)) is amended by inserting ``Canada,'' after ``the United States,''. (e) Cost Sharing.--Section 5(e) of such Act (16 U.S.C. 6104(e)) is amended-- (1) in paragraph (1) by striking ``25 percent'' and inserting ``50 percent''; and (2) in paragraph (2) by amending subparagraph (B) to read as follows: ``(B) Form of payment.-- ``(i) Projects in the united states and canada.--The non-Federal share required to be paid for a project carried out in the United States or Canada shall be paid in cash. ``(ii) Projects in latin america and the caribbean.--The non-Federal share required to be paid for a project carried out in Latin America or the Caribbean may be paid in cash or in kind.''. (f) Advisory Group.-- (1) Composition.--Section 7(b)(1) of such Act (16 U.S.C. 6106(b)(1)) is amended by adding at the end the following: ``The advisory group as a whole shall have expertise in the methods and procedures set forth in section 4(2) in each country and region of the Western Hemisphere''. (2) Encouragement to convene.--The Secretary of the Interior is encouraged to convene an advisory group under section 7(b)(1) of such Act by not later than 6 months after the effective date of this Act. This paragraph shall not be considered to authorize delay of the schedule previously established by the United States Fish and Wildlife Service for the submission, judging, and awarding of grants. (g) Report.--Section 8 of such Act (16 U.S.C. 6107) is amended by striking ``October 1, 2002,'' and inserting ``2 years after the date of the enactment of the Neotropical Migratory Bird Conservation Improvement Act of 2006''. (h) Neotropical Migratory Bird Conservation Fund.-- (1) In general.--Section 9 of such Act (16 U.S.C. 6108) is amended by striking so much as precedes subsection (c) and inserting the following: ``SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND. ``(a) Establishment.--There is established in the Treasury a separate account, which shall be known as the `Neotropical Migratory Bird Conservation Fund'. The Fund shall consist of amounts deposited into the Fund by the Secretary of the Treasury under subsection (b). ``(b) Deposits Into the Fund.--The Secretary of the Treasury shall deposit into the Fund-- ``(1) all amounts received by the Secretary in the form of donations under subsection (d); and ``(2) other amounts appropriated to the Fund.''. (2) Administrative expenses.--Section 9(c)(2) of such Act (16 U.S.C. 6108(c)(2)) is amended by striking ``$80,000'' and inserting ``$150,000''. (3) Conforming amendments.--Such Act is amended further as follows: (A) In section 4 (16 U.S.C. 6103), by striking paragraph (1) and inserting the following: ``(1) Fund.--The term `Fund' means the Neotropical Migratory Bird Conservation Fund established by section 9(a).''. (B) In section 9(d) (16 U.S.C. 6108(d)), by striking ``Account'' and inserting ``Fund''. (4) Transfer.--The Secretary of the Treasury may transfer to the Neotropical Migratory Bird Conservation Fund amounts that were in the Neotropical Migratory Bird Conservation Account immediately before the enactment of this Act. (i) Authorization of Appropriations.--Section 10 of such Act (16 U.S.C. 6109) is amended to read as follows: (1) by inserting ``(a) In General.--'' before the first sentence; (2) by striking ``$5,000,000 for each of fiscal years 2001 through 2005'' and inserting ``for each of fiscal years 2006 through 2010 the amount specified for that fiscal year in subsection (b)''; and (3) by adding at the end the following: ``(b) Authorized Amount.--The amount referred to in subsection (a) is-- ``(1) $5,000,000 for each of fiscal years 2006 and 2007; ``(2) $5,500,000 for fiscal year 2008; ``(3) $6,000,000 for fiscal year 2009; and ``(4) $6,500,000 for fiscal year 2010. ``(c) Availability.--Amounts appropriated under this section may remain available until expended. ``(d) Allocation.--Of amounts appropriated under this section for each fiscal year, not less than 75 percent shall be expended for projects carried out outside the United States.''. Passed the House of Representatives May 16, 2006. Attest: KAREN L. HAAS, Clerk.

Neotropical Migratory Bird Conservation Improvement Act of 2006 - Amends the Neotropical Migratory Bird Conservation Act (NMBCA) to allow financial assistance for projects that will enhance conservation of birds in specified countries, including Canada. Defines "Caribbean" to include Puerto Rico and the U.S. Virgin Islands. Increases the federal share of costs for projects funded under that Act. Prescribes the form of payment for such projects undertaken in the United States and Canada versus Latin America and the Caribbean. Encourages the Secretary of the Interior to convene an advisory group to assist in carrying out NMBCA. Establishes the Neotropical Migratory Bird Conservation Fund. Increases the amount of funds that the Secretary may expend to administer the NMBCA. Authorizes the Secretary of the Treasury to transfer to the Fund amounts that were in the Neotropical Migratory Bird Conservation Account immediately before the enactment of this Act. Authorizes appropriations for FY2006-FY2010. Requires at least 75% of such appropriations to be used for projects outside the United States.

To require the Secretary of the Interior to refine the Department of the Interior program for providing assistance for the conservation of neotropical migratory birds.

TITLE I--EXTENSIONS OF AUTHORITY SEC. 101. EXTENSION OF AUTHORITIES UNDER TITLE 38, UNITED STATES CODE. (a) Authority To Provide Priority Health Care for Certain Veterans Exposed to Toxic Substances.--(1) Section 1710(e)(3) of title 38, United States Code, is amended by striking out ``after June 30, 1995,'' and all that follows through ``December 31, 1995'' and inserting in lieu thereof ``after December 31, 1996''. (2) Section 1712(a)(1)(D) of such title is amended by striking out ``December 31, 1995,'' and inserting in lieu thereof ``December 31, 1996,''. (b) Drug and Alcohol Abuse and Dependence.--Section 1720A(e) of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''. (c) Pilot Program for Noninstitutional Alternatives to Nursing Home Care.--Section 1720C(a) of such title is amended by striking out ``September 30, 1995,'' and inserting in lieu thereof ``December 31, 1997,''. (d) Negotiated Interest Rates.--Section 3703(c)(4) of such title is amended by striking out subparagraph (D). (e) Mortgages for Energy Efficient Improvements.--Section 3710(d) of such title is amended by striking out paragraph (7). (f) Enhanced Loan Asset Sale Authority.--Section 3720(h)(2) of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1996''. (g) Authority of Lenders of Automatically Guaranteed Loans To Review Appraisals.--Section 3731(f) of such title is amended by striking out paragraph (3). (h) Agreements for Housing Assistance for Homeless Veterans.-- Section 3735(c) of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''. (i) Use of Data on Compensation for Certified Registered Nurse Anesthetists.--Section 7451(d)(3)(C)(iii) of such title is amended by striking out ``April 1, 1995'' and inserting in lieu thereof ``January 1, 1998''. (j) Health Professional Scholarship Program.--Section 7618 of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''. (k) Enhanced-Use Leases of Real Property.--Section 8169 of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''. SEC. 102. EXTENSION OF AUTHORITIES UNDER OTHER PROVISIONS OF LAW. (a) Authority for Community-Based Residential Care for Homeless Chronically Mentally Ill Veterans and Other Veterans.--Section 115(d) of the Veterans' Benefits and Services Act of 1988 (38 U.S.C. 1712 note) is amended by striking out ``September 30, 1995'' and inserting in lieu thereof ``December 31, 1997''. (b) Demonstration Program of Compensated Work Therapy.--Section 7(a) of Public Law 102-54 (38 U.S.C. 1718 note) is amended by striking out ``fiscal years 1991 through 1995'' and inserting in lieu thereof ``the period beginning on October 1, 1991, and ending on December 31, 1997,''. (c) Services and Assistance to Homeless Veterans.--The Homeless Veterans Comprehensive Service Programs Act of 1992 (Public Law 102- 590; 38 U.S.C. 7721 note) is amended-- (1) in section 2, by striking out ``September 30, 1995,'' and inserting in lieu thereof ``September 30, 1997,''; (2) in section 3(a)-- (A) by inserting ``(1)'' before ``Subject to''; (B) by striking out ``fiscal years 1993, 1994, and 1995,''; and (C) by adding at the end the following new paragraph: ``(2) The authority of the Secretary to make grants under this section expires on September 30, 1997.''; and (3) in section 12, by striking out ``each of the fiscal years 1993, 1994, and 1995'' and inserting in lieu thereof ``each of fiscal years 1993 through 1997''. (d) Homeless Veterans' Reintegration Projects.--(1) Section 738(e)(1) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11448(e)(1)) is amended by adding at the end the following: ``(D) $10,000,000 for fiscal year 1996.''. (2) Section 741 of such Act (42 U.S.C. 11450) is amended by striking out ``October 1, 1995'' and inserting in lieu thereof ``December 31, 1997''. SEC. 103. RATIFICATION OF ACTIONS TAKEN DURING PERIOD OF EXPIRED AUTHORITY. Any action taken by the Secretary of Veterans Affairs before the date of the enactment of this Act under a provision of law amended by this title that was taken during the period beginning on the date on which the authority of the Secretary under that provision of law expired and ending on the date of the enactment of this Act shall be considered to have the same force and effect as if the amendment to that provision of law made by this title had been in effect at the time of that action. TITLE II--OTHER PROVISIONS SEC. 201. CODIFICATION OF HOUSING REPORTING REQUIREMENTS AND CHANGES IN THEIR FREQUENCY. (a) Codification of Housing Related Reporting Requirements.--(1) Chapter 37 of title 38, United States Code, is amended by adding after section 3735 the following new section: ``Sec. 3736. Reporting requirements ``The annual report required by section 529 of this title shall include a discussion of the activities under this chapter. Beginning with the report submitted at the close of fiscal year 1996, and every second year thereafter, this discussion shall include information regarding the following: ``(1) Loans made to veterans whose only qualifying service was in the Selected Reserve. ``(2) Interest rates and discount points which were negotiated between the lender and the veteran pursuant to section 3703(c)(4)(A)(i) of this title. ``(3) The determination of reasonable value by lenders pursuant to section 3731(f) of this title. ``(4) Loans that include funds for energy efficiency improvements pursuant to section 3710(a)(10) of this title. ``(5) Direct loans to Native American veterans made pursuant to subchapter V of this chapter.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3735 the following new item: ``3736. Reporting requirements.''. (b) Repeal of Superseded Reporting Requirements.--The Veterans Home Loan Program Amendments of 1992 (Public Law 102-547; 106 Stat. 3633) is amended by striking out sections 2(c), 3(b), 8(d), 9(c), and 10(b). SEC. 202. OTHER REPORT REQUIREMENTS. (a) Report on Consolidation of Certain Programs.--The Secretary of Veterans Affairs shall submit to Congress, not later than March 1, 1997, a report on the advantages and disadvantages of consolidating into one program the following three programs: (1) The alcohol and drug abuse contract care program under section 1720A of title 38, United States Code. (2) The program to provide community-based residential care to homeless chronically mentally ill veterans under section 115 of the Veterans' Benefits and Services Act of 1988 (38 U.S.C. 1712 note). (3) The demonstration program under section 7 of Public Law 102-54 (38 U.S.C. 1718 note). (b) Health Professional Scholarship Program.--(1) The Secretary shall submit to Congress, not later than March 31, 1997, a report setting forth the results of a study evaluating the operation of the health professional scholarship program under subchapter II of chapter 76 of title 38, United States Code. The study shall evaluate the efficacy of the program with respect to recruitment and retention of health care personnel for the Department of Veterans Affairs and shall compare the costs and benefits of the program with the costs and benefits of alternative methods of ensuring adequate recruitment and retention of such personnel. (2) The Secretary shall carry out the study under this paragraph through a private contractor. The report under paragraph (1) shall include the report of the contractor and the comments, if any, of the Secretary on that report. (c) Enhanced Use Leases.--The Secretary shall submit to Congress, not later than March 31, 1997, a report evaluating the operation of the program under subchapter V of chapter 81 of title 38, United States Code. SEC. 203. CONTRACTS FOR UTILITIES, AUDIE L. MURPHY MEMORIAL HOSPITAL. (a) Authority To Contract.--Subject to subsection (b), the Secretary of Veterans Affairs may enter into contracts for the provision of utilities (including steam and chilled water) to the Audie L. Murphy Memorial Hospital in San Antonio, Texas. Each such contract may-- (1) be for a period not to exceed 35 years; (2) provide for the construction and operation of a production facility on or near property under the jurisdiction of the Secretary; (3) require capital contributions by the parties involved for the construction of such a facility, such contribution to be in the form of cash, equipment, or other in-kind contribution; and (4) provide for a predetermined formula to compute the cost of providing such utilities to the parties for the duration of the contract. (b) Funds.--A contract may be entered into under subsection (a) only to the extent as provided for in advance in appropriations Acts. (c) Additional Terms.--The Secretary may include in a contract under subsection (a) such additional provisions as the Secretary considers necessary to secure the provision of utilities and to protect the interests of the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Extensions of Authority Title II: Other Provisions Title I: Extensions of Authority - Extends through December 31, 1996, the authority of the Department of Veterans Affairs to: (1) provide priority hospital care and medical services to Persian Gulf veterans exposed to toxic substances or environmental hazards during such service; (2) provide outpatient services to such veterans; and (3) guarantee the payment of principal and interest on certificates or other securities evidencing an interest in a pool of Department-guaranteed mortgage loans made in connection with the sale of properties represented by such loans. Extends through December 31, 1997, Department authority to: (1) contract with community-based treatment facilities for the care of eligible veterans suffering from alcohol or drug dependence or abuse disabilities; (2) provide a pilot program for furnishing veterans with noninstitutional alternatives to nursing home care; (3) enter into agreements with nonprofit organizations and State and local governments to assist homeless veterans and their families to obtain shelter; (4) provide a health professionals scholarship program; (5) enter into enhanced use leases of Department real property; and (6) use data on local compensation rates for determining the pay rates of certified registered nurse anesthetists. Repeals a Federal provision authorizing: (1) the veteran and the mortgagee to negotiate the interest rate on a Department-guaranteed loan; and (2) a lender on such a loan to appraise the property which is the basis for the loan. Amends the Veterans' Benefits and Services Act of 1988 to extend through December 31, 1997, the authority to use community-based residential care for the treatment of homeless chronically mentally ill veterans and other veterans. Extends through such date the Department's compensated work therapy and therapeutic transitional housing program. Amends the Homeless Veterans Comprehensive Service Programs Act of 1992 to extend through September 30, 1997, the authority for a pilot program (and grants made under the program) to expand and improve Department benefits and services to homeless veterans. Amends the Stewart B. McKinney Homeless Assistance Act to extend through December 31, 1997, the authority for homeless veterans' reintegration projects. Ratifies any actions taken by the Secretary before the enactment of this Act during any periods of expired authority for programs and projects amended by this Act. Title II: Other Provisions - Requires, within an annual fiscal report from the Secretary to the Congress, the inclusion of a discussion of Department housing and small business loans made to veterans. Repeals superseded reporting requirements under the Veterans Home Loan Program Amendments of 1992. Directs the Secretary to report to the Congress: (1) on the advantages and disadvantages of consolidating into one program the alcohol and drug abuse program, the program to provide community-based residential care to homeless chronically mentally ill veterans, and the demonstration program of compensated work therapy and therapeutic transitional housing; (2) the results of a study evaluating the operation of the health professionals scholarship program; and (3) evaluating the operation of the Department's real property enhanced use lease program. Authorizes the Secretary to enter into contracts for the provision of utilities to the Audie L. Murphy Memorial Hospital in San Antonio, Texas. Outlines contract requirements, including a contract term limit of no more than 35 years. Allows such contracts only to the extent provided for in advance in appropriations Acts.

An Act to amend title 38, United States Code, to extend the authority of the Secretary of Veterans Affairs to carry out certain programs and activities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Cyberspace and Cybersecurity Coordination Act of 2010''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On February 2, 2010, Admiral Dennis C. Blair, the Director of National Intelligence, testified before the Select Committee on Intelligence of the Senate regarding the Annual Threat Assessment of the U.S. Intelligence Community, stating ``The national security of the United States, our economic prosperity, and the daily functioning of our government are dependent on a dynamic public and private information infrastructure, which includes telecommunications, computer networks and systems, and the information residing within. This critical infrastructure is severely threatened. . . . We cannot protect cyberspace without a coordinated and collaborative effort that incorporates both the US private sector and our international partners.''. (2) In a January 2010 speech on Internet freedom, Secretary of State Hillary Clinton stated: ``Those who disrupt the free flow of information in our society, or any other, pose a threat to our economy, our government, and our civil society. Countries or individuals that engage in cyber attacks should face consequences and international condemnation. In an Internet-connected world, an attack on one nation's networks can be an attack on all. And by reinforcing that message, we can create norms of behavior among states and encourage respect for the global networked commons.''. (3) James Lewis, senior fellow at the Center for Strategic and International Studies asserts, in Securing Cyberspace for the 44th Presidency, ``The international aspects of cybersecurity have been among the least developed elements of U.S. cybersecurity policy. Given the multinational and global aspects of network security, this must be remedied, as energetic engagement could produce real benefits in promoting U.S. objectives and reducing risk.''. (4) The 2010 National Broadband Plan of the Federal Communications Commission recommends that ``[t]he Executive Branch should develop a coordinated foreign cybersecurity assistance program to assist foreign countries in the development of legal and technical expertise to address cybersecurity.''. (5) The May 2009 White House Cyberspace Policy Review asserts ``[t]he Nation also needs a strategy for cybersecurity designed to shape the international environment and bring like- minded nations together on a host of issues, such as technical standards and acceptable legal norms regarding territorial jurisdiction, sovereign responsibility, and use of force. International norms are critical to establishing a secure and thriving digital infrastructure.''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) even as the United States and the global system have become increasingly more dependent on cyberspace for basic and critical functions and services, a lack of sufficient norms and principles to govern the international cyberspace environment has resulted in significant cyber vulnerabilities and the potential for massive state failure in the event of coordinated cyber attacks; (2) the multilateral system has not-- (A) addressed these vulnerabilities in a consistent or systematic manner; or (B) established a basic framework of best practices and governance to address and respond to emerging cyber threats; (3) the international community should strongly consider the utility of negotiating a multilateral framework on cyberwarfare that would create shared norms for cyber conduct and head off the potentiality for larger disruptions related to cyberwarfare; (4) United States diplomatic engagement towards international cybersecurity issues-- (A) has been uncoordinated and fragmented; and (B) has not taken advantage of securing cyberspace within a multilateral framework; (5) the Secretary of State, in consultation with other relevant Federal agencies, should develop and establish a clear and coordinated strategy for international cyberspace and cybersecurity engagement, which should-- (A) review and assess existing strategies for international cyberspace and cybersecurity policy and engagement; (B) define short- and long-term objectives for United States cyberspace and cybersecurity policy; (C) consider how to support a policy of United States Government collaboration and coordination with other countries and organizations in order to bolster an international framework of cyber norms, governance, and deterrence; (D) consider the utility of negotiating a multilateral framework that would provide internationally acceptable principles to better mitigate cyberwarfare, including noncombatants; (E) share and disseminate relevant threat information with key stakeholders; (F) be developed in consultation with other United States Government agencies with relevant technical expertise or policy mandates pertaining to cyberspace and cybersecurity issues; and (G) draw upon the expertise of technology, security, and policy experts, private sector actors, international organizations, and other appropriate entities. SEC. 4. COORDINATOR FOR CYBERSPACE AND CYBERSECURITY ISSUES. Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended-- (1) in subsection (e), by striking ``in this paragraph referred to'' and inserting ``referred to in this subsection''; (2) by redesignating subsection (g) as subsection (h); and (3) by inserting after subsection (f) the following: ``(g) Cyberspace and Cybersecurity Issues.-- ``(1) In general.--There is established within the office of the Secretary of State a Coordinator for Cyberspace and Cybersecurity Issues (referred to in this subsection as the `Coordinator'), who shall be appointed by the President, by and with the advice and consent of the Senate. ``(2) Duties.-- ``(A) Principal duties.--The Coordinator shall-- ``(i) be the principal official within the senior management of the Department of State responsible for cyberspace and cybersecurity issues; ``(ii) be the principal advisor to the Secretary of State on international cyberspace and cybersecurity issues; ``(iii) report directly to the Secretary of State; and ``(iv) perform such duties and exercise such powers as the Secretary of State shall prescribe. ``(B) Additional duties.--In addition to the duties described in subparagraph (A), the Coordinator shall-- ``(i) provide strategic direction and coordination for United States Government policy and programs aimed at addressing and responding to cyberspace and cybersecurity issues overseas, especially in relation to issues that affect United States foreign policy and related national security concerns; ``(ii) coordinate with relevant Federal departments and agencies, including the Department of Homeland Security, the Department of Defense, the Department of the Treasury, the Department of Justice, the Department of Commerce, and the intelligence community to develop interagency plans regarding international cyberspace and cybersecurity issues; ``(iii) provide a focal point for the private sector to coordinate on international cyberspace and cybersecurity issues; and ``(iv) build multilateral cooperation to develop international norms, common policies, and responses to secure the integrity of cyberspace. ``(3) Rank and status of ambassador.--The Coordinator shall have the rank and status of Ambassador at Large. ``(4) Country and regional cyberspace and cybersecurity policy coordinators.--The Secretary of State, in consultation with the heads of other relevant Federal agencies and in coordination with the relevant Chief of Mission, should designate an employee to have primary responsibility for matters relating to cyberspace and cybersecurity policy in each country or region that the Secretary considers significant with respect to efforts of the United States Government to combat cybersecurity globally.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act.

International Cyberspace and Cybersecurity Coordination Act of 2010 - Amends the State Department Basic Authorities Act of 1956 to establish within the office of the Secretary of State a Coordinator for Cyberspace and Cybersecurity Issues who shall: (1) be the principal official within senior Department management responsible for cyberspace and cybersecurity issues; (2) provide strategic direction and coordination for U.S. policy and programs addressing cyberspace and cybersecurity issues overseas; (3) coordinate with relevant federal departments and agencies and the intelligence community to develop interagency cyberspace and cybersecurity plans; and (4) build multilateral cooperation to develop international policies and responses to secure the integrity of cyberspace. Urges the Secretary to designate an employee to have primary responsibility for matters relating to cyberspace and cybersecurity policy in each country or region that is significant to U.S. cybersecurity efforts.

A bill to establish within the office of the Secretary of State a Coordinator for Cyberspace and Cybersecurity Issues.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Runway Safety Improvement Act of 2008''. SEC. 2. STRATEGIC PLAN FOR RUNWAY SAFETY. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration (referred to in this Act as the ``Administrator'') shall develop and submit to Congress a report that contains a strategic runway safety plan. (b) Contents of Plan.--The strategic runway safety plan submitted under subsection (a) shall-- (1) include-- (A) goals to improve runway safety; (B) a description of near- and longer-term actions designed to reduce the severity, number, and rate of runway incursions; (C) time frames and resources needed for the actions described in subparagraph (B); and (D) a plan to implement a continuous evaluative process to track performance toward the goals referred to in subparagraph (A); and (2) address the increased runway safety risk associated with the expected increases in the volume of air traffic. (c) Audit of Strategic Runway Safety Plan.--The Comptroller General of the United States shall-- (1) conduct an audit of the plan developed under subsection (a); and (2) submit periodic reports to the Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives that describe-- (A) the efficacy of the runway safety plan in reducing runway safety risks; and (B) the progress of the Federal Aviation Administration in complying with the plan. SEC. 3. TECHNOLOGY IMPROVEMENTS. (a) Plan and Schedule for Installation and Deployment of Systems To Provide Alerts of Potential Runway Incursions.-- (1) Deployment plan.--Not later than December 31, 2008, the Administrator shall submit to Congress a plan for the installation of and deployment schedule for systems to alert air traffic controllers and flight crews of potential runway incursions at-- (A) the 35 commercial airports in the United States that are most at risk of runway incursions; and (B) general aviation airports identified by the Administrator as being most at risk of runway incursions. (2) Contents.--The plan submitted under paragraph (1) shall-- (A) ensure existing technology for improved situational awareness is available to pilots of commercial and large general aviation aircraft; (B) enhance the value of investments in surface movement detection systems by ensuring that runway incursion alert data collected by such systems are automatically and directly transmitted to flight crews; and (C) ensure that airports most at risk of runway incursions receive priority for the installation of advanced surface movement detection systems. (3) Objectives.--The installation and deployment schedule required under paragraph (1) shall ensure that-- (A) not later than March 31, 2009, the Administrator certifies an integrated aircraft and ground-based capability that transmits runway incursion alerts generated by advanced surface movement detection systems to pilots without controller intervention; (B) not later than December 31, 2009, capability providing aural indication of own aircraft position relative to airport runways is installed on-- (i) all aircraft operated pursuant to part 121 or 135 of title 14, Code of Federal Regulations, with more than 10 seats; and (ii) all turbine-powered aircraft operated pursuant to part 91 of such title 14, with more than 6 seats; (C) not later than June 30, 2010, the Administrator provides the capability described in subparagraph (A) at all airports equipped with advanced surface movement detection systems; (D) not later than December 31, 2010, all aircraft described in subparagraph (B) at airports equipped with advanced surface movement detection systems are equipped with the capability to receive, process, and present runway incursion alerts to pilots; and (E) a schedule is published for the equipage of aircraft operated pursuant to part 125 or 129 of title 14, Code of Federal Regulations. (b) Review of Implementation of Advanced Surface Movement Detection Systems.--The Inspector General of the Department of Transportation shall-- (1) review the installation of each advanced surface movement detection system funded by the Administrator to ensure that each system functions in accordance with the product's certification by the Administrator; and (2) submit an annual report to the Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives that describes the status of the proper implementation of each system, including a review of the system's-- (A) reliability to ensure it is not susceptible to failures to generate timely alerts for controllers to take appropriate action; and (B) ability to successfully operates in all climate conditions in which aircraft operations are conducted at the airport. SEC. 4. INFRASTRUCTURE UPGRADES. (a) Authorization of Appropriations for Technology Investments.-- There are authorized to be appropriated to the Administrator, from amounts deposited in the Airport and Airway Trust Fund established under section 9502(d) of the Internal Revenue Code of 1986, to install systems designed to reduce the potential for runway incursions through the purchase and installation of advanced surface movement detection systems, and cockpit-direct audible runway incursion warning systems-- (1) $41,000,000 for fiscal year 2009; (2) $42,250,000 for fiscal year 2010; and (3) $45,000,000 for fiscal year 2011. (b) Authorization of Appropriations for Near-Term Improvements.-- There are authorized to be appropriated to the Administrator, from amounts deposited in the Airport and Airways Trust Fund established under section 9502(d) of the Internal Revenue Code of 1986, to reduce the potential for runway incursions through the purchase and installation of appropriate automatic equipment, including runway occupancy alerting and warning equipment, perimeter taxiways, and runway status lights-- (1) $40,000,000 for fiscal year 2009; (2) $45,000,000 for fiscal year 2010; and (3) $55,000,000 for fiscal year 2011. (c) Authorization of Appropriations for Runway Safety Area Improvements.--There are authorized to be appropriated to the Administrator, from amounts deposited in the Airport and Airway Trust Fund established under section 9502(d) of the Internal Revenue Code of 1986, to improve runway safety areas to meet Federal Aviation Administration standards-- (1) $20,000,000 for fiscal year 2009; (2) $25,000,000 for fiscal year 2010; and (3) $30,000,000 for fiscal year 2011. (d) Codification of Runway Safety Design Standard Compliance Requirement From Public Law 109-115.--Section 44727 is amended by adding at the end the following: ``(c) Runway Safety Design Standard Compliance.--Not later than December 31, 2015, the owner or operator of each airport described in section 44706(a) shall improve the airport's runway safety areas to comply with the Federal Aviation Administration design standards required under part 139 of title 14, Code of Federal Regulations.''. (e) Annual Report on Runway Safety Area Compliance.--The Administrator shall annually submit to the Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives a report that describes the progress of the Administration toward improving the runway safety areas at airports described in section 44706(a) of title 49, United States Code. SEC. 5. REVIEW OF RUNWAY AND TAXIWAY LIGHTING AND MARKINGS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall-- (1) review the type of runway and taxiway lighting (both daytime and nighttime configurations) and markings at airports described in section 44706(a) of title 49, United States Code, for compliance with standards issued by the Federal Aviation Administration; and (2) identify runways on which nonstandard lighting and markings, including variance in illumination levels and standard colors used on runways and taxiways, may contribute, or may have contributed, to operational errors or incidents. (b) Report.--Not later than 60 days after the completion of the review under subsection (a), the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that-- (1) describes the variance in lighting conditions and markings at airport runways described in subsection (a); (2) identifies those runways that are most likely to contribute to operational errors and incidents; and (3) includes a plan for remedying variance in lighting conditions and markings at nonstandard runways, including associated costs. SEC. 6. MONITORING AND RECORDING EQUIPMENT FOR NAVIGATION AND LIGHTING AIDS. (a) In General.--The Administrator, in consultation with the Chairman of the National Transportation Safety Board, shall evaluate the potential for improving safety and accident investigations through the use of systems, including existing technologies, that record and enable the archival of the operational status of lighting systems on the movement areas of, or that are critical to the safe operations at, airports described in section 44706(a) of title 49, United States Code. (b) Report.--Not later than 120 days after the date of the enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the results of the evaluation required under subsection (a). SEC. 7. AIRCRAFT RESCUE AND FIREFIGHTING STANDARDS. (a) Rulemaking Proceeding.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall initiate a rulemaking proceeding for the purpose of issuing a proposed and final rule that revises the aircraft rescue and firefighting standards under part 139 of title 14, Code of Federal Regulations, to improve the protection of the traveling public, other persons, aircraft, buildings, and the environment from fires and hazardous materials incidents. (b) Contents of Proposed and Final Rule.--The proposed and final rule to be issued under subsection (a) shall address-- (1) the mission of aircraft rescue and firefighting personnel, including responsibilities for passenger egress in the context of other Administration requirements; (2) the proper level of staffing; (3) the timeliness of a response; (4) the handling of hazardous materials incidents at airports; (5) proper vehicle deployment; and (6) the need for equipment modernization. (c) Consistency With Voluntary Consensus Standards.--The proposed and final rule issued under subsection (a) shall be, to the extent practical, consistent with national voluntary consensus standards for aircraft rescue and firefighting services at airports. (d) Assessments of Potential Impacts.--In the rulemaking proceeding initiated under subsection (a), the Administrator shall assess the potential impact of any revisions to the firefighting standards on airports and air transportation service. (e) Inconsistency With Standards.--If the proposed or final rule issued under subsection (a) is not consistent with national voluntary consensus standards for aircraft rescue and firefighting services at airports, the Administrator shall submit to the Office of Management and Budget an explanation of the reasons for such inconsistency in accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783). (f) Final Rule.--Not later than 24 months after the date of the enactment of this Act, the Administrator shall issue the final rule required by subsection (a). SEC. 8. IMPROVED DATA COLLECTION ON RUNWAY OVERRUNS. The Administrator of the Federal Aviation Administration shall-- (1) collect data, using either existing sources of aircraft operational incidents or a new reporting process, regarding aircraft excursions that do not result in fatalities, injuries, or significant property damage; (2) examine the data collected pursuant to paragraph (1) on an ongoing basis; and (3) submit an annual report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes-- (A) trends and potential safety risks identified by the data; and (B) actions taken by airports and the Federal Aviation Administration to reduce those risks.

Runway Safety Improvement Act of 2008 - Directs the Administrator of the Federal Aviation Administration (FAA) to develop and submit to Congress: (1) a strategic runway safety plan; as well as (2) a plan and schedule for installation and deployment of systems to alert air traffic controllers and flight crews of potential runway incursions at commercial airports and general aviation airports that are most at risk of such incursions. Directs the Inspector General of the Department of Transportation (DOT) to review and report annually to Congress on the installation of each advanced surface movement system funded by the Administrator. Authorizes appropriations for the purchase and installation of certain runway incursion avoidance systems. Directs the Administrator to: (1) review runway and taxiway lighting (both at daytime and nighttime) and markings at certain airports for compliance with FAA standards; (2) identify runways on which nonstandard lighting and markings may contribute, or may have contributed, to operational errors or incidents; and (3) submit such review to Congress along with a plan for remedying variance in lighting conditions and markings at nonstandard runways. Directs the Administrator to evaluate for Congress the potential for improving safety and accident investigations through the use of systems that monitor and record the status of lighting systems on the movement areas of, or that are critical to the safe operations at, certain airports. Requires the Administrator to: (1) initiate a rulemaking to revise federal aircraft rescue and firefighting standards to improve the protection of the public from fires and hazardous materials incidents; (2) collect data on aircraft runway overruns that do not result in fatalities or property damage; and (3) report to Congress on potential safety risks identified by such data, including actions taken by airports and the FAA to reduce those risks.

A bill to improve airport runway safety, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Workforce Protection Act''. SEC. 2. COMMERCE DEPARTMENT RENAMED AS DEPARTMENT OF TRADE AND COMMERCE. (a) In General.--The Department of Commerce is hereby redesignated the Department of Trade and Commerce, and the Secretary of Commerce or any other official of the Department of Commerce is hereby redesignated the Secretary or official, as appropriate, of Trade and Commerce. (b) Reference to Department, Secretary, etc. of Commerce Deemed Reference to Department, Secretary, etc. of Trade and Commerce.--Any reference to the Department of Commerce, the Secretary of Commerce, or any other official of the Department of Commerce in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the effective date of this Act shall be deemed to refer and apply to the Department of Trade and Commerce or the Secretary of Trade and Commerce, respectively. SEC. 3. TRANSFER OF THE OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE TO WITHIN THE DEPARTMENT OF COMMERCE AND TRADE. Section 141(a) of the Trade Act of 1974 (19 U.S.C. 2171(a)) is amended by striking ``Executive Office of the President'' and inserting ``Department of Trade and Commerce''. SEC. 4. TERMINATION OF DEFERRAL TO ELIMINATE TAX BENEFITS FOR OFFSHORE PRODUCTION. (a) General Rule.--Paragraph (1) of section 951(a) of the Internal Revenue Code of 1986 (relating to amounts included in gross income of United States shareholders) is amended-- (1) by striking ``and'' after the semicolon in subparagraph (A)(iii); (2) by striking ``959(a)(2).'' in subparagraph (B) and inserting ``959(a)(2); and''; and (3) by adding at the end thereof the following: ``(C) the amount determined under section 956A with respect to such shareholder for such year (but only to the extent not excluded from gross income under section 959(a)(3)).''. (b) Amount of Inclusion.--Subpart F of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 956 the following new section: ``SEC. 956A. EARNINGS OF CONTROLLED FOREIGN CORPORATIONS. ``(a) General Rule.--In the case of any controlled foreign corporation, the amount determined under this section with respect to any United States shareholder for any taxable year is the lesser of-- ``(1) the excess (if any) of-- ``(A) such shareholder's pro rata share of the amount of the controlled foreign corporation's assets for such taxable year, over ``(B) the amount of earnings and profits described in section 959(c)(1)(B) with respect to such shareholder, or ``(2) such shareholder's pro rata share of the applicable earnings of such controlled foreign corporation determined after the application of section 951(a)(1)(B). ``(b) Applicable Earnings.--For purposes of this section, the term `applicable earnings' means, with respect to any controlled foreign corporation, the sum of-- ``(1) the amount referred to in section 316(a)(1) to the extent such amount was accumulated in taxable years beginning after February 29, 2004, and ``(2) the amount referred to in section 316(a)(2), reduced by distributions made during the taxable year and reduced by the earnings and profits described in section 959(c)(1) to the extent that the earnings and profits so described were accumulated in taxable years beginning after February 29, 2004. ``(c) Special Rule Where Corporation Ceases To Be Controlled Foreign Corporation During Taxable Year-.--If any foreign corporation ceases to be a controlled foreign corporation during any taxable year-- ``(1) the determination of any United States shareholder's pro rata share shall be made on the basis of stock owned (within the meaning of section 958(a)) by such shareholder on the last day during the taxable year on which the foreign corporation is a controlled foreign corporation, ``(2) the amount of such corporation's assets for such taxable year shall be determined by only taking into account quarters ending on or before such last day, and ``(3) in determining applicable earnings, the amount taken into account by reason of being described in paragraph (2) of section 316(a) shall be the portion of the amount so described which is allocable (on a pro rata basis) to the part of such year during which the corporation is a controlled foreign corporation. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section, including regulations to prevent the avoidance of the provisions of this section through reorganizations or otherwise.''. (c) Previously Taxed Income Rules.-- (1) In general.--Subsection (a) of section 959 of the Internal Revenue Code of 1986 (relating to exclusion from gross income of previously taxed earnings and profits) is amended by striking ``or'' at the end of paragraph (1), by adding ``or'' at the end of paragraph (2), and by inserting after paragraph (2) the following: ``(3) such amounts would, but for this subsection, be included under section 951(a)(1)(C) in the gross income of,''. (2) Allocation rules.-- (A) Subsection (a) of section 959 of the Internal Revenue Code of 1986 is amended by striking ``paragraph (2)'' in the last sentence and inserting ``paragraphs (2) and (3)''. (B) Section 959(f) of the Internal Revenue Code of 1986 is amended-- (i) by striking paragraph (1) and inserting the following: ``(1) In general.--For purposes of this section-- ``(A) amounts that would be included under subparagraph (B) of section 951(a)(1) (determined without regard to this section) shall be treated as attributable first to earnings described in subsection (c)(2), and then to earnings described in subsection (c)(3), and ``(B) amounts that would be included under subparagraph (C) of section 951(a)(1) (determined without regard to this section) shall be treated as attributable first to earnings described in subsection (c)(2) to the extent the earnings so described were accumulated in taxable years beginning after February 29, 2004, and then to earnings described in subsection (c)(3).''; and (ii) by striking ``section 951(a)(1)(B)'' in paragraph (2) and inserting ``subparagraphs (B) and (C) of section 951(a)(1)''. (3) Conforming amendment.--Subsection (b) of section 989 of the Internal Revenue Code of 1986 is amended by striking ``section 951(a)(1)(B)'' and inserting ``subparagraph (B) or (C) of section 951(a)(1)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after February 29, 2004, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end. (e) Technical and Conforming Changes.--The Secretary of the Treasury shall, within 90 days after the date of enactment of this Act, submit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate, a draft of any technical and conforming changes in the Internal Revenue Code of 1986 that are necessary to reflect throughout such Code the changes in the substantive provisions of law made by this section. SEC. 5. DISALLOWANCE OF DEDUCTIONS FOR CERTAIN OFFSHORE ROYALTY PAYMENTS. (a) In General.--Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``SEC. 280I. CERTAIN OFFSHORE ROYALTY PAYMENTS. ``(a) In General.--In the case of a corporation, no deduction shall be allowed for the payment of a royalty to an affiliated entity organized and operated outside the United States in exchange for the use of rights to a copyrighted or trademarked product if those rights were transferred by the corporation or a related party to that entity. ``(b) Exception.--Subsection (a) does not apply to the payment of a royalty if the taxpayer establishes, to the satisfaction of the Secretary, that-- ``(1) the transfer of the rights to the entity was for a sound business reason (other than the reduction of liability for tax under this chapter); and ``(2) the amounts paid or incurred for such royalty payments are reasonable under the circumstances.''. (b) Clerical Amendment.--The part analysis for such part is amended by adding at the end the following: ``280I. Certain offshore royalty payments.''. (c) Effective Date.--The amendments made by this section apply to taxable years beginning after December 31, 2003. SEC. 6. INCREASE IN AUTHORITY OF THE INTERNAL REVENUE SERVICE TO THWART USE OF TAX HAVENS BY CORPORATIONS. (a) In General.--Subchapter B of chapter 78 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``SEC. 7625. AUTHORITY TO FRUSTRATE USE OF CORPORATE TAX HAVENS. ``(a) In General.--The Secretary is authorized-- ``(1) to deny any otherwise allowable deduction or credit under chapter 1, ``(2) to recharacterize, reallocate, and resource income, ``(3) to recharacterize transactions, and ``(4) to disregard any transaction, trust, or other legal entity, determined by the Secretary to be necessary to prevent the use by a corporation of a tax haven to avoid liability for tax under this chapter. ``(b) Tax Haven Defined.--In this section, the term `tax haven' means any country that meets the tax haven criteria established by the Organization for Economic Co-operation and Development.''. (b) Conforming Amendment.--The subchapter analysis for subchapter B of chapter 78 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``6725. Authority to frustrate use of corporate tax havens.''. SEC. 7. ASSISTANT ATTORNEY GENERAL FOR TRADE. (a) Position Established.--The Attorney General shall appoint an Assistant Attorney General for Trade. (b) Duties.--The Assistant Attorney General for Trade shall-- (1) investigate anticompetitive conduct by foreign companies that has an adverse impact on the economy of the United States (including manufacturing, agriculture, and employment) or the global competitiveness of United States companies; (2) investigate violations of international trade agreements to which the United States is a party that have an adverse impact on the economy of the United States (including manufacturing, agriculture, and employment) or the global competitiveness of United States companies and take appropriate action to seek redress or punishment for those violations; and (3) investigate and initiate appropriate action against other activities throughout the world that have an adverse impact on the economy of the United States (including manufacturing, agriculture, and employment) or the global competitiveness of United States companies. (c) Authority Is in Addition to Other Authorities.--The authority granted to the Assistant Attorney General for Trade by this section is in addition to, and not in derogation or in lieu of, any authority provided by law to any other officer or agency of the United States charged with enforcement of the trade laws of the United States or of international agreements to which the United States is a party. (d) Compensation.--Section 5315 of title 5, United States Code, is amended by striking ``(10)'' in the item relating to Assistant Attorney General and inserting ``(11)''. SEC. 8. EMPLOYMENT OF ADDITIONAL CUSTOMS INSPECTORS FOR ILLEGAL TRANSSHIPMENTS OF TEXTILES. The Secretary of Homeland Security shall hire, train, and deploy 1,000 customs agents in addition to the number of customs agents otherwise authorized by law or otherwise employed by the Department of Homeland Security for the purpose of detecting and preventing illegal transshipments of textiles to avoid textile import quotas and in violation of trade agreements to which the United States is a party. SEC. 9. INCREASED DOMESTIC PRODUCTION OF NATIONAL DEFENSE CRITICAL GOODS. (a) In General.--The Secretary of Commerce, in consultation with the Secretary of Defense, the Director of the Central Intelligence Agency, the Secretary of State, the Secretary of Homeland Security, and the Administrator of the Small Business Administration shall develop a program to encourage and support increased domestic production of goods and products that are essential or critical to national security in order to decrease the United States' dependence upon imports of such goods and products. (b) Support Program.--The Secretary of Commerce shall implement the program developed under subsection (a) to the maximum extent feasible through existing programs, including programs administered by the Small Business Administration. The Secretary shall transmit to the Congress a report, within 18 months after the date of enactment of this Act, describing the program and making such recommendations, including legislative recommendations, as the Secretary deems necessary for expanding the scope or improving the efficacy of the program. The Secretary may submit the report in both classified and redacted form. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out the program. SEC. 10. SENSE OF THE SENATE CONCERNING APPROPRIATIONS FOR CERTAIN PROGRAMS. It is the sense of the Senate that the Congress should appropriate the full amount authorized by law to carry out the Regional Centers for the Transfer of Manufacturing Technology program under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) and the Advanced Technology Program authorized by section 28 of that Act (15 U.S.C. 278n). SEC. 11. TRANSFER OF INTERNATIONAL TRADE COMMISSION FUNCTIONS. (a) Abolishment of ITC.--Effective on the first day of the seventh month beginning after the date of enactment of this Act, the United States International Trade Commission established by section 330 of the Tariff Act of 1930 (19 U.S.C. 1330) as in effect on the last day of the sixth month beginning after the date of enactment of this Act is abolished. (b) Transfer of Functions.--Except as otherwise provided in this Act, all functions that on the last day of the sixth month beginning after the date of enactment of this Act are authorized to be performed by the United States International Trade Commission are transferred to the Department of Commerce effective on the first day of the seventh month beginning after the date of enactment of this Act and shall be performed by the Assistant Secretary of Commerce for Import Administration. (c) Determination of Certain Functions.--If necessary, the Office of Management and Budget shall make any determination of the functions that are transferred under this section. SEC. 12. INCIDENTAL TRANSFERS. The Director of the Office of Management and Budget, in consultation with the Secretary of Commerce, shall make such determinations as may be necessary with regard to the functions, offices, or portions thereof transferred by this Act, and make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, offices, or portions thereof, as may be necessary to carry out this Act. The Director shall provide for the termination of the affairs of all entities terminated by this Act and, in consultation with the Administrator, for such further measures and dispositions as may be necessary to effectuate the purposes of this Act.

Domestic Workforce Protection Act - Renames the Department of Commerce as the Department of Trade and Commerce. Redesignates the Secretary of Commerce or any other official of the Department as the Secretary or official, as appropriate, of Trade and Commerce. Amends the Trade Act of 1974 to transfer the Office of the U.S. Trade Representatives from the Executive Office of the President to the Department of Trade and Commerce. Amends the Internal Revenue Code to revise tax rules for determining amounts included in the gross income of U.S. shareholders of controlled foreign corporations. Disallows a tax deduction for certain royalty payments made by a corporation to an affiliated entity organized and operated outside the United States. Authorizes the Secretary of the Treasury to deny tax benefits for corporations that attempt to avoid U.S. taxation through the use of tax havens. Requires the Attorney General to appoint an Assistant Attorney General for Trade. Provides for employment of additional customs inspectors to detect and prevent illegal transshipments of textiles. Requires the Secretary of Commerce to develop and implement a program to encourage and support increased domestic production of goods and products essential or critical to national security in order to decrease U.S. dependence upon such imports. Expresses the sense of the Senate that Congress should appropriate the full amount authorized by law to carry out the Regional Centers for the Transfer of Manufacturing Technology program under the National Institute of Standards and Technology Act and the Advanced Technology Program authorized by that Act. Abolishes the U.S. International Trade Commission and transfers its functions to the Department of Commerce to be performed by the Assistant Secretary of Commerce for Import Administration.

A bill to rename the Department of Commerce as the Department of Trade and Commerce and transfer the Office of the United States Trade Representative into the Department, to consolidate and enhance statutory authority to protect American jobs from unfair international competition, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prior Domestic Commercial Use Act of 1995''. SEC. 2. DEFENSE TO PATENT INFRINGEMENT BASED ON PRIOR DOMESTIC COMMERCIAL USE. (a) Defense.--Chapter 28 of title 35, United States Code, is amended by adding at the end the following new section: ``Sec. 273. Prior domestic commercial use; defense to infringement ``(a) Definitions.--For purposes of this section-- ``(1) the terms `commercially used', `commercially use', and `commercial use' mean the use in the United States in commerce or the use in the design, testing, or production in the United States of a product or service which is used in commerce, whether or not the subject matter at issue is accessible to or otherwise known to the public; ``(2) the terms `used in commerce', and `use in commerce' mean that there has been an actual sale or other commercial transfer of the subject matter at issue or that there has been an actual sale or other commercial transfer of a product or service resulting from the use of the subject matter at issue; and ``(3) the `effective filing date' of a patent is the earlier of the actual filing date of the application for the patent or the filing date of any earlier United States, foreign, or international application to which the subject matter at issue is entitled under section 119, 120, or 365 of this title. ``(b) Defense to Infringement.--(1) A person shall not be liable as an infringer under section 271 of this title with respect to any subject matter the manufacture, use, sale, or offer for sale of which in the United States or the importation of which into the United States would otherwise infringe one or more claims in the patent being asserted against such person, if such person had, acting in good faith, commercially used the subject matter before the effective filing date of such patent. ``(2) The sale or other disposition of the subject matter of a patent by a person entitled to assert a defense under this section with respect to that subject matter shall exhaust the patent owner's rights under the patent to the extent such rights would have been exhausted had such sale or other disposition been made by the patent owner. ``(c) Limitations and Qualifications of Defense.--The defense to infringement under this section is subject to the following: ``(1) Not a general license.--The defense under this section is not a general license under all claims of the patent at issue, but extends only to the subject matter claimed in the patent that the person asserting the defense had commercially used before the effective filing date of the patent, except that the defense shall also extend to variations in the quantity or volume of use of the claimed subject matter, and to improvements in the claimed subject matter that do not infringe additional specifically claimed subject matter of the patent. ``(2) Effective and serious preparation.--With respect to subject matter that cannot be commercialized without a significant investment of time, money, and effort, a person shall be deemed to have commercially used the subject matter if-- ``(A) before the effective filing date of the patent, the person reduced the subject matter to practice in the United States, completed a significant portion of the total investment necessary to commercially use the subject matter, and made a commercial transaction in the United States in connection with the preparation to use the subject matter, and ``(B) after the effective filing date of the patent, diligently completed the remainder of the activities and investments necessary to commercially use the subject matter, and promptly began commercial use of the subject matter. ``(3) Burden of proof.--A person asserting the defense under this section shall have the burden of establishing the defense. ``(4) Abandonment of use.--A person who has abandoned commercial use of subject matter may not rely on activities performed before the date of such abandonment in establishing a defense under subsection (b) with respect to actions taken after the date of such abandonment. ``(5) Personal defense.--The defense under this section may only be asserted by the person who performed the acts necessary to establish the defense and, except for any transfer to the patent owner, the right to assert the defense shall not be licensed or assigned or transferred to another person except in connection with the good faith assignment or transfer of the entire enterprise or line of business to which the defense relates. ``(6) One year limitation.--A person may not assert a defense under this section unless the subject matter on which the defense is based had been commercially used or reduced to practice more than one year prior to the effective filing date of the patent by the person asserting the defense or someone in privity with that person. ``(7) Derivation.--A person may not assert the defense under this section if the subject matter on which the defense is based was derived from the patentee or persons in privity with the patentee. ``(d) Unsuccessful Assertion of Defense.--If the defense under this section is pleaded by a person who is found to infringe the patent and who subsequently fails to demonstrate a reasonable basis for asserting the defense, the court shall find the case exceptional for the purpose of awarding attorney's fees under section 285 of this title. ``(e) Invalidity.--A patent shall not be deemed to be invalid under section 102 or 103 of this title solely because a defense is raised or established under this section.''. (b) Conforming Amendment.--The table of sections at the beginning of chapter 28 of title 35, United States Code, is amended by adding at the end the following new item: ``Sec. 273. Prior domestic commercial use; defense to infringement.''. SEC. 3. EFFECTIVE DATE AND APPLICABILITY. This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act, but shall not apply to any action for infringement that is pending on such date of enactment or with respect to any subject matter for which an adjudication of infringement, including a consent judgment, has been made before such date of enactment.

Prior Domestic Commercial Use Act of 1995 - Amends the Federal judicial code to create a defense to patent infringement with respect to any subject matter the manufacture, use, sale, offer for sale, or importation of which in the United States would otherwise infringe one or more claims in the patent being asserted, if a person had, acting in good faith, commercially used the subject matter before the effective filing date of such patent. Specifies that the sale or other disposition of the subject matter of a patent by a person entitled to assert the defense shall exhaust the patent owner's rights to the extent they would have been exhausted had such disposition been made by the patent owner. Subjects the defense to specified limitations and qualifications regarding: (1) the scope of the defense (the defense is not a general license under all claims of the patent at issue but extends only to the subject matter claimed in the patent that the person asserting the defense had commercially used before the effective filing date of the patent, with exceptions); (2) effective and serious preparation; (3) burden of proof (on the person asserting the defense); (4) abandonment of use; (5) who may assert the defense (it is a personal defense); (6) a one-year limitation (the subject matter on which the defense is based must have been commercially used or reduced to practice more than one year prior to the effective filing date of the patent); (7) unsuccessful assertion of the defense (directs the court to find the case exceptional for purposes of awarding attorney's fees); and (8) invalidity of a patent (a patent shall not be deemed invalid solely because a defense is raised or established under this Act).

Prior Domestic Commercial Use Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeless Veterans Prevention Act of 2017''. SEC. 2. AUTHORIZATION OF PER DIEM PAYMENTS FOR FURNISHING CARE TO DEPENDENTS OF CERTAIN HOMELESS VETERANS. Subsection (a) of section 2012 of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(4) Services for which a recipient of a grant under section 2011 of this title (or an entity described in paragraph (1)) may receive per diem payments under this subsection may include furnishing care for a dependent of a homeless veteran who is under the care of such homeless veteran while such homeless veteran receives services from the grant recipient (or entity).''. SEC. 3. PARTNERSHIPS WITH PUBLIC AND PRIVATE ENTITIES TO PROVIDE LEGAL SERVICES TO HOMELESS VETERANS AND VETERANS AT RISK OF HOMELESSNESS. (a) In General.--Chapter 20 of title 38, United States Code, is amended by inserting after section 2022 the following new section: ``Sec. 2022A. Partnerships with public and private entities to provide legal services to homeless veterans and veterans at risk of homelessness ``(a) Partnerships Authorized.--Subject to the availability of funds for that purpose, the Secretary shall enter into partnerships with public or private entities to fund a portion of the general legal services specified in subsection (c) that are provided by such entities to homeless veterans and veterans at risk of homelessness. ``(b) Locations.--(1) The Secretary shall ensure that, to the extent practicable, partnerships under this section are made with entities equitably distributed across the geographic regions of the United States, including rural communities, tribal lands of the United States, Native Americans, and tribal organizations. ``(2) In this subsection, the terms `Native American' and `tribal organization' have the meanings given such terms in section 3765 of this title. ``(c) Legal Services.--Legal services specified in this subsection include legal services provided by public or private entities that address the needs of homeless veterans and veterans at risk of homelessness as follows: ``(1) Legal services related to housing, including eviction defense and representation in landlord-tenant cases and foreclosure proceedings. ``(2) Legal services related to family law, including assistance in court proceedings for family reunification, child support, divorce, and estate planning. ``(3) Legal services related to income support, including assistance in obtaining public benefits. ``(4) Legal services related to criminal defense, including defense in matters symptomatic of homelessness, such as outstanding warrants, fines, and driver's license revocation, to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing. ``(5) Such other legal services as the Secretary considers appropriate and necessary. ``(d) Consultation.--In developing and carrying out partnerships under this section, the Secretary shall, to the extent practicable, consult with public and private entities-- ``(1) for assistance in identifying and contacting organizations described in subsection (c); and ``(2) to coordinate appropriate outreach relationships with such organizations. ``(e) Reports.--The Secretary may require entities that have entered into partnerships under this section to submit to the Secretary periodic reports on legal services provided to homeless veterans and veterans at risk of homelessness pursuant to such partnerships.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 20 of such title is amended by adding after the item relating to section 2022 the following new item: ``2022A. Partnerships with public and private entities to provide legal services to homeless veterans and veterans at risk of homelessness.''. SEC. 4. EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS AUTHORITY TO PROVIDE DENTAL CARE TO HOMELESS VETERANS. Subsection (b) of section 2062 of title 38, United States Code, is amended to read as follows: ``(b) Eligible Veterans.--(1) Subsection (a) applies to a veteran who-- ``(A) is enrolled for care under section 1705(a) of this title; and ``(B) for a period of 60 consecutive days, is receiving-- ``(i) assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)); or ``(ii) care (directly or by contract) in any of the following settings: ``(I) A domiciliary under section 1710 of this title. ``(II) A therapeutic residence under section 2032 of this title. ``(III) Community residential care coordinated by the Secretary under section 1730 of this title. ``(IV) A setting for which the Secretary provides funds for a grant and per diem provider. ``(2) For purposes of paragraph (1), in determining whether a veteran has received assistance or care for a period of 60 consecutive days, the Secretary may disregard breaks in the continuity of assistance or care for which the veteran is not responsible.''. SEC. 5. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM OF REFERRAL AND COUNSELING SERVICES FOR VETERANS AT RISK FOR HOMELESSNESS WHO ARE TRANSITIONING FROM CERTAIN INSTITUTIONS. Section 2023 of title 38, United States Code, is amended-- (1) by striking subsection (d); and (2) by redesignating subsection (e) as subsection (d). SEC. 6. EXTENSION OF AUTHORITY FOR FINANCIAL ASSISTANCE FOR SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT HOUSING. (a) In General.--Paragraph (1) of section 2044(e) of title 38, United States Code, is amended-- (1) in subparagraph (E), by striking ``2017'' and inserting ``2016''; and (2) by adding at the end the following new subparagraph (F): ``(F) $500,000,000 for fiscal year 2017.''. (b) Training Entities for Provision of Supportive Services.-- Paragraph (3) of such section is amended by inserting ``and 2017'' after ``through 2012''. SEC. 7. REQUIREMENT FOR COMPTROLLER GENERAL TO STUDY DEPARTMENT OF VETERANS AFFAIRS HOMELESS VETERANS PROGRAMS. (a) In General.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study of programs of the Department of Veterans Affairs that provide assistance to homeless veterans. (b) Elements.--The study required by subsection (a) shall include the following: (1) An assessment of whether programs described in subsection (a) are meeting the needs of veterans who are eligible for assistance provided by such programs. (2) A review of recent efforts of the Secretary of Veterans Affairs to improve the privacy, safety, and security of female veterans receiving assistance from such programs. SEC. 8. REPEAL OF REQUIREMENT FOR ANNUAL REPORTS ON ASSISTANCE TO HOMELESS VETERANS. (a) In General.--Section 2065 of title 38, United States Code, is hereby repealed. (b) Clerical Amendment.--The table of sections at the beginning of chapter 20 of such title is amended by striking the item relating to section 2065.

Homeless Veterans Prevention Act of 2017 This bill provides that the services for which a recipient of a grant under the Department of Veterans Affairs (VA) comprehensive service program for homeless veterans may receive per diem payments may include furnishing care for a dependent under the care of a veteran who is receiving services. The VA shall enter into partnerships with public or private entities to fund a portion of the legal services such entities provide to homeless veterans and veterans at risk of homelessness related to housing, family law, income support, and criminal defense. The bill: (1) expands VA dental care authority authority to include those veterans receiving assistance under the United States Housing Act of 1937, (2) repeals the September 30, 2013, sunset on the authority of the VA and the Department of Labor to carry out a program of referral and counseling for veterans who are at risk of homelessness and are transitioning from certain institutions, including penal institutions, and (3) extends supportive services assistance for very low-income veteran families in permanent housing. The Government Accountability Office shall complete a study of VA assistance to homeless veterans. The requirement that the VA report annually on its assistance programs for homeless veterans is eliminated.

Homeless Veterans Prevention Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Innovation through Investment Act of 2010''. 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. 45R. EQUITY INVESTMENT IN SMALL BUSINESS TAX CREDIT. ``(a) General Rule.-- ``(1) In general.--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 30 percent of the amount of each qualified equity investment made by the qualified investor during the taxable year. ``(2) Years in which credit allowable.--The credit under paragraph (1) shall be allowable as follows: ``(A) Fifty percent of such credit shall be allowed in the taxable year in which the qualified equity investment is made. ``(B) Twenty-five percent of such credit shall be allowed in the taxable year after the taxable described in subparagraph (A). ``(C) Twenty-five percent of such credit shall be allowed in the second taxable year after the taxable described in subparagraph (A). ``(b) Credit Amount.--For purposes of determining the small business tax credit under subsection (a), the amount of qualified equity investments made by the qualified investor during the taxable year shall not exceed $500,000, reduced by so much of $250,000 that is not an investment in-- ``(1) small business concerns in manufacturing and biotechnology, ``(2) minority and women-owned small businesses, or ``(3) a qualified HUBzone small business concern (as defined in section 3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5))). ``(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, 2016.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``and'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, and'', and by adding at the end the following new paragraph: ``(36) in the case of a taxpayer, the equity investment in small business tax credit determined under section 45R(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45R. 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, 2010, in taxable years beginning after such date. SEC. 3. ADMINISTRATOR OF SMALL BUSINESS ADMINISTRATION. (a) Data Collection.--The Secretary of the Treasury shall provide to the Administrator of the Small Business Administration any data-- (1) available to the Secretary on the implementation and use of the equity investment in small business tax credit determined under section 45R of the Internal Revenue Code of 1986; and (2) requested by the Administrator for analysis purposes. (b) Report.--Not later than 1 year after the date of enactment of this Act and annually thereafter during the 5-year period beginning on such date, the Administrator of the Small Business Administration shall submit to Congress a report describing the implementation and use of the equity investment in small business tax credit determined under section 45R of the Internal Revenue Code of 1986.

Small Business Innovation through Investment Act of 2010 - Amends the Internal Revenue Code to allow a new business-related tax credit for 30% of the equity investment in a small business concern. Allows a maximum credit of $500,000, but reduces such amount by so much of $250,000 that is not an investment in a manufacturing or biotechnology small business concern, a minority and women-owned small business, or a qualified HUBzone (historically underutilized business zone) small business concern. Terminates such credit after 2016. Requires the Secretary of the Treasury to provide to the Administrator of the Small Business Administration (SBA) any data on the implementation and use of the equity investment in small business tax credit that is requested by the Administrator for analysis purposes. Requires the Administrator to report to Congress annually on the implementation and use of such tax credit.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for qualified equity investments in certain small businesses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dog and Cat Protection Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) An estimated 2,000,000 dogs and cats are slaughtered and sold annually as part of the international fur trade. Internationally, dog and cat fur is used in a wide variety of products, including fur coats and jackets, fur-trimmed garments, hats, gloves, decorative accessories, stuffed animals, and other toys. (2) As demonstrated by forensic tests, dog and cat fur products are being imported into the United States, in some cases with deceptive labeling to conceal the use of dog or cat fur. (3) Dog and cat fur, when dyed, is not easily distinguishable to persons who are not experts from other furs such as fox, rabbit, coyote, wolf, and mink. Dog and cat fur is generally less expensive than other types of fur and may be used as a substitute for more expensive types of furs. (4) Foreign fur producers use dogs and cats bred for their fur, and also use strays and stolen pets. (5) The methods of housing, transporting, and slaughtering dogs and cats for fur production are generally unregulated and inhumane. (b) Purposes.--The purposes of this Act are-- (1) to prohibit the sale, manufacture, offer for sale, transportation, and distribution in the United States of dog and cat fur products; (2) to require accurate labeling of fur species so that consumers in the United States can make informed choices; and (3) to prohibit the trade in, both imports and exports of, dog and cat fur products, to ensure that the United States market does not encourage the slaughter of dogs or cats for their fur, and to ensure that the purposes of this Act are not undermined. SEC. 3. DEFINITIONS. In this Act: (1) Dog fur.--The term ``dog fur'' means the pelt or skin of any animal of the species canis familiaris. (2) Cat fur.--The term ``cat fur'' means the pelt or skin of any animal of the species felis catus. (3) United states.--The term ``United States'' means the customs territory of the United States, as defined in general note 2 of the Harmonized Tariff Schedule of the United States. (4) Commerce.--The term ``commerce'' means transportation for sale, trade, or use between any State, territory, or possession of the United States, or the District of Columbia, and any place outside thereof. (5) Dog or cat fur product.--The term ``dog or cat fur product'' means any item of merchandise which consists, or is composed in whole or in part, of any dog fur, cat fur, or both. (6) Person.--The term ``person'' includes any individual, partnership, corporation, association, organization, business trust, government entity, or other entity. (7) Interested party.--The term ``interested party'' means any person having a contractual, financial, humane, or other interest. (8) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (9) Duly authorized officer.--The term ``duly authorized officer'' means any United States Customs officer, any agent of the Federal Bureau of Investigation, or any agent or other person authorized by law or designated by the Secretary to enforce the provisions of this Act. SEC. 4. PROHIBITIONS. (a) Prohibition on Manufacture, Sale, and Other Activities.--No person in the United States or subject to the jurisdiction of the United States may introduce into commerce, manufacture for introduction into commerce, sell, trade, or advertise in commerce, offer to sell, or transport or distribute in commerce, any dog or cat fur product. (b) Imports and Exports.--No dog or cat fur product may be imported into, or exported from, the United States. SEC. 5. LABELING. Section 2(d) of the Fur Products Labeling Act (15 U.S.C. 69(d)) is amended by striking ``; except that such term shall not include such articles as the Commission shall exempt by reason of the relatively small quantity or value of the fur or used fur contained therein''. SEC. 6. ENFORCEMENT. (a) In General.--The Secretary, either independently or in cooperation with the States, political subdivisions thereof, and interested parties, is authorized to carry out operations and measures to eradicate and prevent the activities prohibited by section 4. (b) Inspections.--A duly authorized officer may, upon his own initiative or upon the request of any interested party, detain for inspection and inspect any product, package, crate, or other container, including its contents, and all accompanying documents to determine compliance with this Act. (c) Seizures and Arrests.--If a duly authorized officer has reasonable cause to believe that there has been a violation of this Act or any regulation issued under this Act, such officer may search and seize, with or without a warrant, the item suspected of being the subject of the violation, and may arrest the owner of the item. An item so seized shall be held by any person authorized by the Secretary pending disposition of civil or criminal proceedings. (d) Burden of Proof.--The burden of proof shall lie with the owner to establish that the item seized is not a dog or cat fur product subject to forfeiture and civil penalty under section 7. (e) Action by U.S. Attorney.--Upon presentation by a duly authorized officer or any interested party of credible evidence that a violation of this Act or any regulation issued under this Act has occurred, the United States Attorney with jurisdiction over the suspected violation shall investigate the matter and shall take appropriate action under this Act. (f) Citizen Suits.--Any person may commence a civil suit to compel the Secretary to implement and enforce this Act, or to enjoin any person from taking action in violation of any provision of this Act or any regulation issued under this Act. (g) Reward.--The Secretary may pay a reward to any person who furnishes information which leads to an arrest, criminal conviction, civil penalty assessment, or forfeiture of property for any violation of this Act or any regulation issued under this Act. (h) Regulations.-- (1) In general.--The Secretary shall issue final regulations, after notice and opportunity for public comment, to implement this Act within 180 days after the date of enactment of this Act. (2) Fees.--The Secretary may charge reasonable fees for expenses to the Government connected with permits or certificates authorized by this Act, including expenses for-- (A) processing applications; (B) reasonable inspections; and (C) the transfer, handling, or storage of evidentiary items seized and forfeited under this Act. All fees collected pursuant to this paragraph shall be deposited in the Treasury in an account specifically designated for enforcement of this Act and available only for that purpose. SEC. 7. PENALTIES. (a) Civil Penalty.--Any person who violates any provision of this Act or any regulation issued under this Act may be assessed a civil penalty of not more than $25,000 for each violation. (b) Criminal Penalty.--Any person who knowingly violates any provision of this Act or any regulation issued under this Act shall, upon conviction for each violation, be imprisoned for not more than 1 year, fined in accordance with title 18, United States Code, or both. (c) Forfeiture.--Any dog or cat fur product that is the subject of a violation of this Act or any regulation issued under this Act shall be subject to seizure and forfeiture to the same extent as any merchandise imported in violation of the customs laws. (d) Injunction.--Any person who violates any provision of this Act or any regulation issued under this Act may be enjoined from further sales of any fur products. (e) Applicability.--The penalties in this section apply to violations occurring on or after the date of enactment of this Act.

Dog and Cat Protection Act of 1999 - Prohibits: (1) the importation of dog or cat fur into the United States; and (2) any person in the United States from introducing into commerce, manufacturing, selling or offering to sell, trading, advertising, or transporting or distributing in commerce, any dog or cat fur product. Subjects a person to both civil and criminal penalties for violations of this Act.

Dog and Cat Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Durban Review Conference (Durban II) Funding Prohibition Act of 2008''. SEC. 2. FINDINGS. Congress finds as follows: (1) On December 22, 2007, the United States and 45 other member states of the United Nations voted not to support the 2009 United Nations Durban Review Conference (``Durban II Conference''), a follow-up meeting to the 2001 United Nations World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (``Durban I Conference'') in Durban, South Africa; (2) The Durban I Conference was used as a platform to advance anti-Semitism and, consequently, the United States and Israeli delegates walked out. (3) The United States has taken strong steps to avoid giving support to the Durban II Conference, including implementing a policy of voting against the Durban II Conference in the United Nations (including voting against funding for the Durban II Conference) and forgoing participation in preparatory meetings for the Durban II Conference. (4) The United States has pledged to boycott the Durban II Conference if it appears to be a repeat of the Durban I Conference. (5) Canada's Multiculturalism Secretary of State, Jason Kennedy, announced in January 2008 that Canada will not participate in the Durban II Conference. (6) Israel's Foreign Affairs Minister Tzipi Livni announced that Israel will boycott the Durban II Conference unless it is proven that it will not be used as a platform of further anti- Israeli and anti-Semitic behavior. (7) Pre-conference drafts for the Durban I Conference condemned Israel for allegedly pursing a racist Zionist agenda and committing crimes against humanity. (8) An African-led effort at the Durban I Conference sought to include a demand for reparations from the West for slavery. (9) Conferees at the Durban I Conference tried to condemn the United States for refusing to adopt certain United Nations treaties. (10) The United States cannot accept treaty requirements that are incompatible with the United States Constitution. (11) Former United States Secretary of State Colin Powell gave the following statement after the Durban I Conference: ``I know that you do not combat racism by conferences that produce declarations containing hateful language, some of which is a throwback to the days of `Zionism equals racism;' or support the idea that we have made too much of the Holocaust; or suggest that apartheid exists in Israel; or that single out only one country in the world--Israel--for censure and abuse.''. (12) The United Nations Human Rights Council is responsible for organizing the Durban II Conference. (13) The United Nations Human Rights Council has ignored ongoing repression in Belarus, the People's Republic of China, Cuba, North Korea, Zimbabwe, and other countries. (14) The United Nations Human Rights Council has condemned Israel 15 times in two years. (15) The Preparatory Committee for the Durban II Conference includes Libya, Cuba, Iran, Pakistan, Russia, and South Africa, none of which has demonstrated consistent equality or respect for human rights. (16) Libya is the chair and Iran is the co-chair of the Preparatory Committee for the Durban II Conference. (17) Both Libya and Iran are strong supporters of the Organization of the Islamic Conference (OIC) in the United Nations Human Rights Council, which has historically been hostile to Israel. (18) Libya is a member of the League of Arab States, whose Arab Charter on Human Rights calls for the elimination of ``Zionism''. (19) United Nations General Assembly Resolution 46/86 rejects the position that Zionism is racism or a form of racial discrimination. (20) In December 2007, the United States delegation to the United Nations rejected the United Nations biennial budget for 2008-2009 due, in part, because of proposals to fund the Durban II Conference. SEC. 3. PROHIBITION ON UNITED STATES FUNDING FOR THE 2009 UNITED NATIONS DURBAN REVIEW CONFERENCE AND RELATED ACTIVITIES. Notwithstanding any other provision of law-- (1) no funds appropriated or otherwise made available by any Act may be made available to support the 2009 United Nations Durban Review Conference (``Durban II Conference'') or any other activity relating to the planning, preparation, or implementation of a follow-up meeting to the 2001 United Nations World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (``Durban I Conference'') in Durban, South Africa; and (2) the United States shall withhold from its assessed contributions to the United Nations regular budget, in proportion to the United States assessment for the United Nations regular budget, the amount allocated for the Durban II Conference and any other activity relating to the planning, preparation, or implementation of a follow-up meeting to the Durban I Conference.

United Nations Durban Review Conference (Durban II) Funding Prohibition Act of 2008 - States that: (1) no funds may be made available to support the 2009 United Nations Durban Review Conference (Durban II Conference) or any other activity relating to the planning, preparation, or implementation of a follow-up meeting to the 2001 United Nations World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (Durban I Conference); and (2) the United States shall withhold from its assessed contributions to the U.N. regular budget the proportional amount allocated for the Durban II Conference and any other activity relating to the planning, preparation, or implementation of a follow-up meeting to the Durban I Conference.

To prohibit United States funding for the 2009 United Nations Durban Review Conference ("Durban II Conference") or any other activity relating to the planning, preparation, or implementation of a follow-up meeting to the 2001 United Nations World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance ("Durban I Conference") in Durban, South Africa.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Health Beneficiary Equity and Payment Simplification Act of 1999''. SEC. 2. FINDINGS. Congress finds the following: (1) Research has shown that medicare beneficiaries who are in need of home health services that are covered under the medicare program generally fall into 1 of the 4 following categories: (A) Post-hospital, short-stay beneficiaries. (B) Medically stable, long-stay beneficiaries. (C) Medically complex, long-stay beneficiaries. (D) Medically unstable and complex, extremely high- use beneficiaries. (2) The interim payment system for home health services under the medicare program, enacted as part of the Balanced Budget Act of 1997 and amended by title V of the Tax and Trade Relief Extension Act of 1998 (contained in Division J of Public Law 105-277), is having the following unintended consequences: (A) The sickest, most frail medicare beneficiaries are losing access to medically necessary home health services that are otherwise covered under the medicare program. (B) Many high quality, cost-effective home health agencies have had per beneficiary limits under the interim payment system set so low that such agencies are finding it impossible to continue to provide home health services under the medicare program. (C) Many home health agencies are being subjected to aggregate per beneficiary limits under the interim payment system that do not accurately reflect the current patient mix of such agencies, thereby making it impossible for such agencies to compete with similarly situated home health agencies. (D) Medicare beneficiaries that reside in certain States and regions of the country have far less access to home health services under the medicare program than individuals who have identical medical conditions but reside in other States or regions of the country. (E) The health status of home health beneficiaries varies significantly in different regions of the country, creating differing needs for home health services. SEC. 3. PAYMENTS TO HOME HEALTH AGENCIES UNDER MEDICARE. (a) Revision of Prospective Payment System.-- (1) In general.--Section 1895 of the Social Security Act (42 U.S.C. 1395fff) (as amended by section 5101 of the Tax and Trade Relief Extension Act of 1998 (contained in Division J of Public Law 105-277)) is amended-- (A) in subsection (a), by striking ``for portions of cost reporting periods occurring on or after October 1, 2000'' and inserting ``for cost reporting periods beginning on or after October 1, 1999''; and (B) in subsection (b), by striking the last sentence of paragraph (1) and all that follows and inserting the following: ``(2) Payment basis.-- ``(A) In general.--The prospective payment amount to be paid to a home health agency under this section for all of the home health services (including medical supplies) provided to a beneficiary under this title during the 12-month period beginning on the date that such services are first provided by such agency to such beneficiary pursuant to a plan for furnishing such services (and for each subsequent 12-month period that services are provided under such plan) shall be an amount equal to the applicable amount specified in subparagraph (B) for the fiscal year in which the 12- month period begins. ``(B) Applicable amount.--Subject to subparagraphs (C), (D), and (E) and paragraph (5), for purposes of this subsection, the applicable amount is equal to-- ``(i) $2,603 for a beneficiary described in subparagraphs (A) and (E) of paragraph (3); ``(ii) $3,335 for a beneficiary described in paragraph (3)(B); ``(iii) $4,228 for a beneficiary described in paragraph (3)(C); and ``(iv) $21,864 for a beneficiary described in paragraph (3)(D). ``(C) Annual update.-- ``(i) In general.--The applicable amount specified in subparagraph (B) shall be adjusted for each fiscal year (beginning with fiscal year 2001) in a prospective manner specified by the Secretary by the home health market basket percentage increase applicable to the fiscal year involved. ``(ii) Home health market basket percentage increase.--For purposes of clause (i), the term `home health market basket percentage increase' means, with respect to a fiscal year, a percentage (estimated by the Secretary before the beginning of the fiscal year) determined and applied with respect to the mix of goods and services included in home health services in the same manner as the market basket percentage increase under section 1886(b)(3)(B)(iii) is determined and applied to the mix of goods and services comprising inpatient hospital services for the fiscal year. ``(D) Area wage adjustment.-- ``(i) In general.--The portion of the applicable amount specified in subparagraph (B) (as updated under subparagraph (C)) that the Secretary estimates to be attributable to wages and wage-related costs shall be adjusted for geographic differences in such costs by an area wage adjustment factor for the area in which the home health agency is located. ``(ii) Establishment of area wage adjustment factors.--The Secretary shall establish area wage adjustment factors that reflect the relative level of wages and wage- related costs applicable to the furnishing of home health services in a geographic area compared to the national average applicable level. Such factors may be the factors used by the Secretary for purposes of section 1886(d)(3)(E). ``(E) Medical supplies.--The applicable amount specified in subparagraph (B) shall be adjusted for each fiscal year (beginning with fiscal year 2001) in a prospective manner specified by the Secretary by the percentage increase (as determined by the Secretary) in the average costs of medical supplies (as described in section 1861(m)(5)) for the fiscal year involved. ``(3) Description of beneficiaries.-- ``(A) Post-hospital, short-stay beneficiary.--A beneficiary described in this subparagraph is a beneficiary under this title who-- ``(i) has experienced at least one 24-hour hospitalization within the 14-day period immediately preceding the date that the beneficiary is first provided services by the home health agency; ``(ii) suffers from 1 or more illnesses or injuries which are post-operative or post- trauma; and ``(iii) has a prognosis of a prompt and substantial recovery. ``(B) Medically stable, long-stay beneficiary.--A beneficiary described in this subparagraph is a beneficiary under this title who-- ``(i) has not been admitted to a hospital within the 6-month period immediately preceding the date that the beneficiary is first provided services by the home health agency; ``(ii) suffers from 1 or more illnesses or injuries requiring acute medical treatment or management in the home; and ``(iii) is experiencing 1 or more impairments in activities of daily living. ``(C) Medically complex, long-stay beneficiary.--A beneficiary described in this subparagraph is a beneficiary under this title who-- ``(i) has experienced 2 or more hospitalizations or admissions to skilled nursing facilities within the 12-month period immediately preceding the date that the beneficiary is first provided services by the home health agency; ``(ii) suffers from 1 or more illnesses or injuries requiring acute medical treatment or management in the home; and ``(iii) is experiencing 1 or more impairments in activities of daily living. ``(D) Medically unstable and complex, extremely high-use beneficiaries.--A beneficiary described in this subparagraph is a beneficiary under this title who-- ``(i) has experienced 2 or more hospitalizations or admissions to skilled nursing facilities within the 6-month period immediately preceding the date that the beneficiary is first provided services by the home health agency; ``(ii) suffers from 1 or more illnesses or injuries requiring acute medical treatment or management in the home; and ``(iii) is experiencing 2 or more impairments in activities of daily living. ``(E) Other beneficiaries.--A beneficiary described in this subparagraph is a beneficiary under this title who is not otherwise described in subparagraphs (A) through (D). ``(4) Determination.-- ``(A) In general.--The determination of which of the subparagraphs under paragraph (3) applies to a beneficiary under this title shall be based on the diagnosis and assessment of a physician who shall have no financial relationship with the home health agency that is receiving payments under this title for the provision of home health services to such beneficiary. For purposes of the preceding sentence, any financial relationship shall be determined under rules similar to the rules with respect to referrals under section 1877. ``(B) Regulations.--The Secretary shall issues regulations to assist physicians in making the determination described in subparagraph (A). ``(5) Additional payment amount.--The Secretary may increase the applicable amount specified in paragraph (2)(B) to be paid to a home health agency if the Secretary determines that such agency is-- ``(A) experiencing higher than average costs for providing home health services as compared to other similarly situated home health agencies; or ``(B) providing home health services that are not reflected in the determination of the applicable amount. ``(6) Notice of prospective payment rate.--Not later than July 1 of each year (beginning in 2000), the Secretary shall publish in the Federal Register the applicable amount to be paid to home health agencies for home health services provided to a beneficiary under this title during the fiscal year beginning October 1 of the year. ``(7) Proration of prospective payment amounts.--If a beneficiary elects to transfer to, or receive services from, another home health agency within the period covered by the prospective payment amount, the payment shall be prorated between the home health agencies involved.''. (2) Conforming amendments.--Section 1895 of the Social Security Act (42 U.S.C. 1395fff) (as amended by section 5101 of the Tax and Trade Relief Extension Act of 1998 (contained in Division J of Public Law 105-277)) is amended-- (A) by amending subsection (c) to read as follows: ``(c) Requirement for Payment Information.--With respect to home health services furnished on or after October 1, 1998, no claim for such a service may be paid under this title unless the claim has the unique identifier (provided under section 1842(r)) for the physician who prescribed the services or made the certification described in section 1814(a)(2) or 1835(a)(2)(A).''; and (B) by striking subsection (d). (3) Change in effective date.--Section 4603(d) of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) (as amended by section 5101(c)(2) of the Tax and Trade Relief Extension Act of 1998 (contained in Division J of Public Law 105-277)) is amended by striking ``October 1, 2000'' and inserting ``October 1, 1999''. (4) Elimination of contingency 15 percent reduction.-- Subsection (e) of section 4603 of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is repealed. (5) Effective date.--The amendments made by this subsection shall take effect on the date of enactment of this Act. (b) Payment Rates Based on Location of Home Health Agency Rather Than Patient.-- (1) Conditions of participation.--Section 1891 of the Social Security Act (42 U.S.C. 1395bbb) is amended by striking subsection (g). (2) Wage adjustment.--Section 1861(v)(1)(L)(iii) (42 U.S.C. 1395x(v)(1)(L)(iii)) is amended by striking ``service is furnished'' and inserting ``agency is located''. (3) Effective date.--The amendments made by this subsection shall apply to services provided on or after October 1, 1999.

Divides patients, and PPS payments, into four categories: (1) post-hospital, short stay beneficiaries ($2,603); (2) medically stable, long-stay beneficiaries ($3,335); (3) medically complex, long-stay beneficiaries ($4,228); and (4) medically unstable and complex, extremely high use beneficiaries ($21,864). Specifies a formula for annual payment updates. Amends the Balanced Budget Act of 1997 to repeal the 15 percent reduction in Medicare home health reimbursement currently scheduled to go into effect on October 1, 2000.

Medicare Home Health Beneficiary Equity and Payment Simplification Act of 1999

SECTION 1. LAKE PONTCHARTRAIN BASIN RESTORATION PROGRAM. Section 121 of the Federal Water Pollution Control Act (33 U.S.C. 1273) is amended-- (1) in subsection (d), by inserting ``to pay not more than 75 percent of the costs'' after ``make grants''; and (2) in subsection (f)(1), in the first sentence, by striking ``2011'' and inserting ``2012 and the amount appropriated for fiscal year 2009 for each of fiscal years 2013 through 2017''. SEC. 2. ENVIRONMENTAL PROTECTION AGENCY HEADQUARTERS. (a) Redesignation.--The Environmental Protection Agency Headquarters located at 1200 Pennsylvania Avenue N.W. in Washington, D.C., known as the Ariel Rios Building, shall be known and redesignated as the ``William Jefferson Clinton Federal Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Environmental Protection Agency Headquarters referred to in subsection (a) shall be deemed to be a reference to the ``William Jefferson Clinton Federal Building''. SEC. 3. GEORGE H.W. BUSH AND GEORGE W. BUSH UNITED STATES COURTHOUSE AND GEORGE MAHON FEDERAL BUILDING. (a) Redesignation.--The Federal building and United States Courthouse located at 200 East Wall Street in Midland, Texas, known as the George Mahon Federal Building, shall be known and redesignated as the ``George H.W. Bush and George W. Bush United States Courthouse and George Mahon Federal Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building and United States Courthouse referred to in subsection (a) shall be deemed to be a reference to the ``George H.W. Bush and George W. Bush United States Courthouse and George Mahon Federal Building''. SEC. 4. THOMAS P. O'NEILL, JR. FEDERAL BUILDING. (a) Designation.--The Federal building currently known as Federal Office Building 8, located at 200 C Street Southwest in the District of Columbia, shall be known and designated as the ``Thomas P. O'Neill, Jr. Federal Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in subsection (a) shall be deemed to be a reference to the ``Thomas P. O'Neill, Jr. Federal Building''. SEC. 5. COMPLIANCE WITH LACEY ACT. The Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) and section 42 of title 18, United States Code, shall not apply with respect to any water transfer by the North Texas Municipal Water District and the Greater Texoma Utility Authority using only closed conveyance systems from the Lake Texoma raw water intake structure to treatment facilities at which all zebra mussels are extirpated and removed from the water transferred. SEC. 6. CONVEYANCE OF MCKINNEY LAKE NATIONAL FISH HATCHERY. (a) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) State.--The term ``State'' means the State of North Carolina. (b) Conveyance.--Not later than 180 days after the date of enactment of this Act, the Secretary shall convey to the State, without reimbursement, all right, title, and interest of the United States in and to the property described in subsection (c), for use by the North Carolina Wildlife Resources Commission as a component of the fish and wildlife management program of the State. (c) Description of Property.--The property referred to in subsection (b) is comprised of the property known as the ``McKinney Lake National Fish Hatchery'', which-- (1) is located at 220 McKinney Lake Road, Hoffman (between Southern Pines and Rockingham), in Richmond County, North Carolina; (2) is a warmwater facility consisting of approximately 422 acres; and (3) includes all improvements and related personal property under the jurisdiction of the Secretary that are located on the property (including buildings, structures, and equipment). (d) Use by State.-- (1) Use.--The property conveyed to the State under this section shall be used by the State for purposes relating to fishery and wildlife resources management. (2) Reversion.-- (A) In general.--If the property conveyed to the State under this section is used for any purpose other than the purpose described in paragraph (1), all right, title, and interest in and to the property shall revert to the United States. (B) Condition of property.--If the property described in subparagraph (A) reverts to the United States under this paragraph, the State shall ensure that the property is in substantially the same or better condition as the condition of the property as of the date of the conveyance of the property under this section. (C) Exception.--This paragraph shall not apply with respect to use of the property under subsection (e). (e) Use by Secretary.--The Secretary shall require, as a condition and term of the conveyance of property under this section, that the State shall, upon the request of the Secretary, allow the United States Fish and Wildlife Service to use the property in cooperation with the Commission for propagation of any critically important aquatic resources held in public trust to address specific restoration or recovery needs of such resource. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to revise the Lake Pontchartrain Basin Restoration Program to: (1) limit grants by the Administrator of the Environmental Protection Agency (EPA) to no more than 75% of project costs, and (2) authorize the appropriation of the amount appropriated for FY2009 for each of FY2013-FY2017. (Sec. 2) Designates: (1) the EPA headquarters located at 1200 Pennsylvania Avenue N.W., Washington, DC, known as the Ariel Rios Building, as the "William Jefferson Clinton Federal Building," (2) the federal building and U.S. courthouse located at 200 East Wall Street in Midland, Texas, known as the George Mahon Federal Building, as the "George H.W. Bush and George W. Bush United States Courthouse and George Mahon Federal Building," and (3) the federal building currently known as Federal Office Building 8, located at 200 C Street SW, Washington, DC, as the "Thomas P. O'Neill, Jr. Federal Building." (Sec. 5) Makes the Lacey Act Amendments of 1981 and provisions of the federal criminal code prohibiting importation of injurious animals inapplicable to any water transfer by the North Texas Municipal Water District and the Greater Texoma Utility Authority using only closed conveyance systems from the Lake Texoma raw water intake structure to treatment facilities at which all zebra mussels are extirpated and removed from the transferred water. (Sec. 6) Directs the Secretary of the Interior to convey the McKinney Lake National Fish Hatchery in Richmond County, North Carolina, to the state of North Carolina to be used by the North Carolina Wildlife Resources Commission as a component of the fish and wildlife management program of the state. Requires the state to allow the United States Fish and Wildlife Service (USFWS) to use such property for the propagation of any critically important aquatic resource held in public trust to address the specific restoration or recovery needs of such resource. Requires reversion of the property if it is used for any purpose other than as described above.

A bill to amend the Federal Water Pollution Control Act to reauthorize the Lake Pontchartrain Basin Restoration Program, to designate certain Federal buildings, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Health Care Affordability Act of 2009''. SEC. 2. SMALL EMPLOYERS BUSINESS CREDIT FOR PROVIDING EMPLOYEE HEALTH INSURANCE. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45R. EMPLOYEE HEALTH INSURANCE COVERAGE BY SMALL EMPLOYERS. ``(a) General Rule.--For purposes of section 38, in the case of an eligible small employer, the health insurance credit determined under this section for any taxable year is an amount equal to the aggregate amount paid or incurred by the taxpayer for the taxable year for qualified health insurance for employees of the taxpayer. ``(b) Dollar Limitation.-- ``(1) Annual limitation.--The amount of the credit determined under this section with respect to an employee for any taxable year shall not exceed the sum of the amounts paid by the taxpayer for qualified health insurance for such employee for coverage months of such employee during the taxable year. ``(2) Monthly limitation.--For purposes of paragraph (1), amounts paid by the taxpayer for qualified health insurance for an employee for any coverage month of such individual during the taxable year shall not be taken into account to the extent such amounts exceed \1/12\ of the following: ``(A) $1,000 in the case of coverage of the employee. ``(B) $1,750 in the case of two person coverage. ``(C) $2,250 in the case of family coverage. ``(c) Eligible Small Employer.--For purposes of this section-- ``(1) In general.--The term `eligible small employer' means, with respect to any taxable year, any employer who employed an average of 50 or fewer employees on business days during either of the 2 preceding taxable years. For purposes of the preceding sentence, a preceding taxable year may be taken into account only if the employer was in existence throughout such year. ``(2) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the 1st preceding taxable year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current taxable year. ``(3) Certain growing employers retain treatment as small employer.--The term `small employer' includes, with respect to any calendar year, any employer if-- ``(A) such employer met the requirement of paragraph (1) (determined without regard to paragraph (2)) for any preceding calendar year after the date of the enactment of this section, ``(B) such employer provided qualified health insurance for that year and each subsequent year thereafter, and ``(C) such employer employed an average of 200 or fewer employees on business days during each preceding calendar year after the date of the enactment of this section. ``(4) Special rules.-- ``(A) Controlled groups.--For purposes of this subsection, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. ``(B) Predecessors.--Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. ``(d) Coverage Month.--For purposes of this section-- ``(1) In general.--The term `coverage month' means, with respect to an individual, any month if-- ``(A) as of the first day of such month such individual is covered by qualified health insurance, and ``(B) more than 50 percent of the premium for coverage under such insurance for such month is paid by the eligible small employer. ``(2) Medicare, medicaid, and schip.--The term `coverage month' shall not include any month with respect to an individual if, as of the first day of such month, such individual-- ``(A) is entitled to any benefits under part A of title XVIII of the Social Security Act or is enrolled under part B of such title, or ``(B) is enrolled in the program under title XIX or XXI of such Act (other than under section 1928 of such Act). ``(3) Certain other coverage.--The term `coverage month' shall not include any month with respect to an individual if, at any time during such month, any benefit is provided to such individual under chapter 55 of title 10, United States Code. ``(4) Prisoners.--The term `coverage month' shall not include any month with respect to an individual if, as of the first day of such month, such individual is imprisoned under Federal, State, or local authority. ``(5) Insufficient presence in united states.--The term `coverage month' shall not include any month during a taxable year with respect to an individual if such individual is present in the United States on fewer than 183 days during such year (determined in accordance with section 7701(b)(7)). ``(e) Qualified Health Insurance.--For purposes of this section-- ``(1) In general.--The term `qualified health insurance' means health insurance coverage (as defined in section 9832(b)(1)) which-- ``(A) is coverage under a group health plan (within the meaning of section 5000 without regard to section 5000(d)), and ``(B) meets the requirements of paragraph (2). Such term does not include any insurance substantially all of the coverage of which is coverage described in section 223(c)(1)(B). ``(2) Requirements.--The requirements of this paragraph are as follows: ``(A) Adjusted community rating or rating bands.-- The coverage is provided in a State which-- ``(i) has a community rating structure that does not permit rating on gender, health status or claims experience, or ``(ii) limits the permitted rate for any age group to be no more than 400 percent of the lowest rate for all adult age groups. ``(B) Benefits.--The coverage is provided under a plan that is at least an actuarial equivalent to the standard Blue Cross-Blue Shield plan offered under the Federal Employees Health Benefits Program (FEHBP).''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code (defining current year business credit) is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) in the case of an eligible small employer (as defined in section 45R(c)), the health insurance credit determined under section 45R(a).''. (c) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45R. Employee health insurance coverage by small employers.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 3. REFUNDABLE SMALL BUSINESS EMPLOYEE HEALTH PREMIUM CREDIT. (a) Allowance of Credit.-- (1) In general.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable personal credits) is amended by inserting after section 36A the following new section: ``SEC. 36B. HEALTH INSURANCE COSTS FOR SMALL BUSINESS EMPLOYEES. ``(a) Allowance of Credit.--In the case of an individual who is an eligible small business employee, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the amount paid by the taxpayer during such taxable year for qualified health insurance for the taxpayer and the taxpayer's spouse and dependents. ``(b) Limitation.--The amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed the sum of the amounts paid by the taxpayer for qualified health insurance for each individual referred to in subsection (a) for coverage months of such individual during the taxable year. ``(c) Eligible Small Business Employee.--For purposes of this section, an individual is an eligible small business employee for a coverage month if such individual is enrolled in qualified health insurance provided through an eligible small employer for which a credit is allowable under section 45R. ``(d) Qualified Health Insurance; Coverage Month.--For purposes of this section, the terms `qualified health insurance' and `coverage month' have the same meanings given such terms by section 45R. ``(e) Special Rules.-- ``(1) Coordination with medical expense deduction.--The amount which would (but for this paragraph) be taken into account by the taxpayer under section 213 for the taxable year shall be reduced by the credit (if any) allowed by this section to the taxpayer for such year. ``(2) Coordination with deduction for health insurance costs of self-employed individuals.--No credit shall be allowable under this section for a taxable year if a deduction is allowed under section 162(l) for the taxable year. ``(3) Coordination with section 35.--If a taxpayer is eligible for the credit allowed under this section and section 35 for any month, the taxpayer shall elect which credit is to be allowed with respect to such month. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36B,'' after ``36A,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36A the following new item: ``Sec. 36B. Health insurance costs for small business employees.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009.

Small Business Health Care Affordability Act of 2009 - Amends the Internal Revenue Code to allow certain small employers (generally, employers of 50 or fewer employees) and their employees tax credits for health insurance costs.

To amend the Internal Revenue Code of 1986 to provide credits to small businesses and their employees for health insurance coverage.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Contractor Tax Fairness and Simplification Act of 2012''. SEC. 2. FINDINGS. The Congress finds the following: (1) Independent contractors play a vital role in our economy. (2) Independent contractors embrace the entrepreneurial spirit of our country and are free to seek economic opportunities that best fit their needs. (3) Many small businesses start as an independent contractor and grow creating jobs for other individuals. (4) The proper classification of individuals as employees and independent contractors is a significant responsibility for businesses. (5) The rules and guidelines for determining whether an individual is an independent contractor or an employee lack clarity and consistency. (6) It is in the best interests of taxpayers, the Federal Government and the business community to have fair and objective rules for determining who is an independent contractor and who is an employee. SEC. 3. STANDARDS FOR DETERMINING EMPLOYMENT STATUS. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (general provisions relating to employment taxes) is amended by adding after section 3510 the following new sections: ``SEC. 3511. CONTROVERSIES INVOLVING WHETHER INDIVIDUALS ARE EMPLOYEES FOR PURPOSES OF THE EMPLOYMENT TAXES. ``(a) Termination of Certain Employment Tax Liability.-- ``(1) In general.--If-- ``(A) for purposes of employment taxes, the taxpayer did not treat an individual as an employee for any period, and ``(B) in the case of periods after December 31, 1978, all returns (including information returns) required to be filed by the taxpayer with respect to such individual for such period are filed on a basis consistent with the taxpayer's treatment of such individual as not being an employee, then, for purposes of applying such taxes for such period with respect to the taxpayer, the individual shall be deemed not to be an employee unless the taxpayer had no reasonable basis for not treating such individual as an employee. ``(2) Statutory standards providing one method of satisfying the requirements of paragraph (1).--For purposes of paragraph (1), a taxpayer shall in any case be treated as having a reasonable basis for not treating an individual as an employee for a period if the taxpayer's treatment of such individual for such period was in reasonable reliance on any of the following-- ``(A) judicial precedent, published rulings, technical advice with respect to the taxpayer, or a letter ruling to the taxpayer, ``(B) a past Internal Revenue Service audit of the taxpayer in which there was no assessment attributable to the treatment (for employment tax purposes) of the individuals holding positions substantially similar to the position held by this individual, or ``(C) long-standing recognized practice of a significant segment of the industry in which such individual was engaged. ``(3) Consistency required in the case of prior tax treatment.--Paragraph (1) shall not apply with respect to the treatment of any individual for employment tax purposes for any period ending after December 31, 2012, if the taxpayer (or a predecessor) has treated any individual holding a substantially similar position as an employee for purposes of the employment taxes for any period beginning after December 31, 2011. ``(4) Refund or credit of overpayment.--If refund or credit of any overpayment of an employment tax resulting from the application of paragraph (1) is not barred on the date of the enactment of this section by any law or rule of law, the period for filing a claim for refund or credit of such overpayment (to the extent attributable to the application of paragraph (1)) shall not expire before the date 1 year after the date of the enactment of this section. ``(b) Prohibition Against Regulations and Rulings on Employment Status.--Except for purposes of providing Revenue Rulings with respect to section 3512, no regulation or Revenue Ruling shall be published on or after the date of the enactment of this section by the Department of the Treasury (including the Internal Revenue Service) with respect to the employment status of any individual for purposes of the employment taxes. ``(c) Definitions.--For purposes of this section-- ``(1) Employment tax.--The term `employment tax' means any tax imposed by this subtitle. ``(2) Employment status.--The term `employment status' means the status of an individual, under the usual common law rules applicable in determining the employer-employee relationship, as an employee or as an independent contractor (or other individual who is not an employee). ``(d) Exception.--This section shall not apply in the case of an individual who, pursuant to an arrangement between the taxpayer and another person, provides services for such other person as an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker engaged in a similar line of work. ``(e) Special Rules for Application of Section.-- ``(1) Notice of availability of section.--An officer or employee of the Internal Revenue Service shall, before or at the commencement of any audit inquiry relating to the employment status of one or more individuals who perform services for the taxpayer, provide the taxpayer with a written notice of the provisions of this section. ``(2) Rules relating to statutory standards.--For purposes of subsection (a)(2)-- ``(A) a taxpayer may not rely on an audit commenced after December 31, 1996, for purposes of subparagraph (B) thereof unless such audit included an examination for employment tax purposes of whether the individual involved (or any individual holding a position substantially similar to the position held by the individual involved) should be treated as an employee of the taxpayer, ``(B) in no event shall the significant segment requirement of subparagraph (C) thereof be construed to require a reasonable showing of the practice of more than 25 percent of the industry (determined by not taking into account the taxpayer), and ``(C) in applying the long-standing recognized practice requirement of subparagraph (C) thereof-- ``(i) such requirement shall not be construed as requiring the practice to have continued for more than 10 years, and ``(ii) a practice shall not fail to be treated as long-standing merely because such practice began after 1978. ``(3) Availability of safe harbors.--Nothing in this section shall be construed to provide that subsection (a) only applies where the individual involved is otherwise an employee of the taxpayer. ``(4) Burden of proof.-- ``(A) In general.--If-- ``(i) a taxpayer establishes a prima facie case that it was reasonable not to treat an individual as an employee for purposes of this section, and ``(ii) the taxpayer has fully cooperated with reasonable requests from the Secretary of the Treasury or his delegate, then the burden of proof with respect to such treatment shall be on the Secretary. ``(B) Exception for other reasonable basis.--In the case of any issue involving whether the taxpayer had a reasonable basis not to treat an individual as an employee for purposes of this section, subparagraph (A) shall only apply for purposes of determining whether the taxpayer meets the requirements of subparagraph (A), (B), or (C) of subsection (a)(2). ``(5) Preservation of prior period safe harbor.--If-- ``(A) an individual would (but for the treatment referred to in subparagraph (B)) be deemed not to be an employee of the taxpayer under subsection (a) for any prior period, and ``(B) such individual is treated by the taxpayer as an employee for employment tax purposes for any subsequent period, then, for purposes of applying such taxes for such prior period with respect to the taxpayer, the individual shall be deemed not to be an employee. ``(6) Substantially similar position.--For purposes of this section, the determination as to whether an individual holds a position substantially similar to a position held by another individual shall include consideration of the relationship between the taxpayer and such individuals. ``SEC. 3512. SAFE HARBOR STANDARDS FOR DETERMINING EMPLOYMENT STATUS. ``(a) General Rule.--For purposes of this title, if the requirements of subsection (c) are met with respect to any service performed by any service provider, then with respect to such service-- ``(1) the service provider shall not be treated as an employee, ``(2) the service recipient shall not be treated as an employer, ``(3) the payor shall not be treated as an employer, and ``(4) compensation paid or received for such service shall not be treated as paid or received with respect to employment. ``(b) Statutory Employees.--Nothing in this section shall supersede the categories of employees described in section 3121(d)(3). ``(c) Requirements.-- ``(1) In general.--The requirements of this subsection are met if the requirements of paragraphs (2) and (3) are met. ``(2) Investment or income fluctuation.--A service provider meets the requirements of this paragraph if the service provider-- ``(A) incurs significant financial responsibility for providing and maintaining the necessary equipment and facilities to perform the work outlined in their qualified agreement, and ``(B) either-- ``(i) incurs unreimbursed expenses, or ``(ii) risks income fluctuations because the remuneration with respect to such service is directly related to sales or other output rather than solely to the number of hours actually worked or expenses incurred. ``(3) Control of time worked and performance of services.-- A service provider meets the requirements of this paragraph if the service provider-- ``(A) is compensated upon factors related to the work performed, such as a percentage of revenue or scheduled rates, and not solely on the basis of hours or time expended, and ``(B) substantially controls the means and manner of performing the services, in conformance with regulatory requirements, the specifications of the service recipient or payor and any additional requirements specified in the qualified agreement. ``(d) Definitions.--For the purposes of this section-- ``(1) Service provider.--The term `service provider' means any individual or entity that performs service for another company under a qualified agreement. ``(2) Service recipient.--The term `service recipient' means the person or entity for whom the service provider performs such service. ``(3) Payor.--The term `payor' means the person or entity that pays the service provider for the performance of such service in the event that the service recipients do not pay the service provider. ``(4) Exceptions.--The terms `service recipient' and `payor' do not include any entity which is owned in whole or in part by the service provider. ``(5) Qualified agreement.--The term `qualified agreement' means a written contract between a service provider and the service recipient for whom the services are performed or the payor that provides that the service provider-- ``(A) will not be treated as an employee with respect to such services for the purpose of this title, and ``(B) has been informed of the Federal tax obligations resulting from such treatment.''. (b) Conforming Amendments.-- (1) Section 530 of the Revenue Act of 1978 is hereby repealed. (2) The table of sections for chapter 25 of such Code is amended by adding at the end the following new items: ``Sec. 3511. Controversies involving whether individuals are employees for purposes of the employment taxes. ``Sec. 3512. Safe harbor standards for determining employment status.''. (c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this Act shall take effect beginning on the first day of the first calendar year beginning after the date of enactment of this Act. (2) Repeal of section 530.--The amendment made by subsection (b)(1) shall apply to periods in calendar years beginning after the date of enactment of this Act.

Independent Contractor Tax Fairness and Simplification Act of 2012 - Amends the Internal Revenue Code to set forth criteria for classifying a worker as an employee or an independent contractor. Prohibits: (1) any retroactive assessment of employment tax, except with respect to certain skilled workers, for tax periods after December 31, 1978, unless the employer had no reasonable basis for not treating a worker as an employee, and (2) the issuance, after the enactment of this Act, of Treasury regulations with respect to the employment status of any individual for purposes of the employment tax. Establishes safe harbor provisions upon which a service recipient or payor may rely in classifying a service provider as an independent contractor rather than as an employee where the service provider: (1) incurs significant financial responsibility for providing and maintaining equipment and facilities to perform work under a contract; (2) incurs unreimbursed expenses or risks income fluctuations because remuneration is directly related to sales or other output rather than solely to the number of hours actually worked or expenses incurred; (3) is compensated on factors related to the work performed and not solely on the basis of hours or time expended; and (4) substantially controls the means and manner of performing the contract services, the specifications of the service recipient or payor, and any additional contractual requirements.

To amend the Internal Revenue Code of 1986 to provide standards for determining employment status, and for other purposes.