santoshtyss/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Owners' Loan Corporation for the 21st Century Act''. SEC. 2. ESTABLISHMENT. (a) In General.--There is established a corporation to be known as the Home Owners' Loan Corporation, which shall be an instrumentality of the United States, and which shall have authority to sue and to be sued in any court of competent jurisdiction, Federal or State. (b) Treatment of Corporation.--The Corporation, including its franchise, its capital, reserves, and surplus, and its loans and income, shall be exempt from taxation referred to in section 6(c), except that any real property of the Corporation shall be subject to taxation to the same extent, according to its value, as other real property is taxed. SEC. 3. BOARD. (a) In General.--The Corporation shall be under the direction of a Board of Directors and shall be operated by the Board under such bylaws, rules, and regulations as the Board may prescribe for the accomplishment of the purposes and intent of this Act and the prudent use of the capital and authority of the Corporation. (b) Members.--The Board shall consist of five members, as follows: (1) The Secretary of the Treasury, or the designee of the Secretary. (2) The Comptroller General of the United States, or the designee of the Comptroller. (3) A designee of the Board of Directors of the Federal Deposit Insurance Corporation. (4) The Secretary of Housing and Urban Development, or the designee of the Secretary. (5) The Director of the Office of Federal Housing Enterprise Oversight of the Department of Housing and Urban Development (or any successor agency of such Office responsible for supervision and regulation of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation), or the designee of the Director. (c) No Compensation.--Members of the Board shall serve as such directors without additional compensation. SEC. 4. CAPITAL STOCK. (a) In General.--The Corporation shall have capital stock, $25,000,000,000, which shall be subscribed to by the Secretary of the Treasury on behalf of the United States Government. The Corporation shall issue to the Secretary of the Treasury receipts for payments by the Secretary for or on account of such stock, and such receipts shall be evidence of the stock ownership of the United States. Payments for such subscriptions shall be subject to call in whole or in part by the Board and shall be made at such time or times as the Secretary of the Treasury deems advisable. (b) Public Debt Transaction.--For the purpose of purchasing shares of capital stock of the Corporation, the Secretary may use as a public- debt transaction the proceeds of any securities issued under chapter 31 of title 31, United States Code. SEC. 5. MINIMUM CAPITAL RATIO REQUIREMENTS. The Board shall on an annual basis establish a minimum capital ratio requirement for the Corporation and the Corporation shall at all times hold such capital as may be required to comply with the applicable annual ratio. Such ratio shall be risk-adjusted to reflect the Corporation's direct and indirect credit exposure, and may not be lower than the minimum capital ratio required for similar financial institutions under the international guidelines and standards for capital adequacy issued by the Basel Committee on Banking Supervision established by the Bank for International Settlements. SEC. 6. BORROWING AUTHORITY. (a) Issuance.-- (1) Authority.--The Corporation may issue bonds in an aggregate amount not to exceed $300,000,000,000, which may be sold by the Corporation to obtain funds for carrying out the purposes of this Act, or exchanged as hereinafter provided. (2) Terms.--Such bonds shall be issued in such denominations as the Board shall prescribe, shall mature within a period of not more than 10 years from the date of their issue, and shall be fully and unconditionally guaranteed as to interest only by the United States, and such guaranty shall be expressed on the face thereof. The bonds shall bear interest at a rate determined by the Board and approved by the Secretary of the Treasury prior to issue. (3) Issuance through ginnie mae.--The Corporation may issue bonds under this subsection through the Government National Mortgage Association and the Association is hereby authorized to provide for such issuance, subject to the aggregate amount limitation under paragraph (1). (b) Treasury Borrowing.--In the event that the Corporation is unable to pay upon demand, when due, the interest or principal on any such bonds, the Secretary of the Treasury shall pay to the Corporation the amount of such interest or principal, which is hereby authorized to be appropriated to the Corporation, and the Corporation shall pay the amount of such interest or principal to the holders of the bonds. Upon the payment of such interest or principal by the Secretary, the amount so paid shall become an obligation of the Corporation to the United States and shall bear interest at the same rate as that borne by the bonds upon which the interest or principal has been so paid. (c) Treatment.--The bonds issued by the Corporation under this section shall be exempt, both as to principal and interest, from all taxation (except surtaxes, estate, inheritance, and gift taxes) now or hereafter imposed by the United States or any District, Territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority. SEC. 7. MORTGAGE RELIEF. (a) Acquisition of Mortgages.-- (1) Authority.--The Corporation may, during the three-year period beginning upon the date of the enactment of this Act-- (A) to acquire in exchange for bonds issued by the Corporation, home mortgages and other obligations and liens secured by real estate (including the interest of a vendor under a purchase-money mortgage or contract) recorded or filed in the proper office or executed before the date of the enactment of this Act; and (B) in connection with any such exchange, to make advances in cash to pay the taxes and assessments on the real estate, to provide for necessary maintenance and make necessary repairs, to meet the incidental expenses of the transaction, and to pay such amounts, not exceeding $200 or such greater amount as may be approved by the Board, to the holder of the mortgage, obligation, or lien acquired as may be the difference between the face value of the bonds exchanged plus accrued interest thereon and the purchase price of the mortgage, obligation, or lien. (2) Limitations.-- (A) In general.--The face value of bonds exchanged pursuant to paragraph (1) for any home mortgage or other obligation or lien secured by real estate, plus accrued interest thereon and any cash advanced pursuant to paragraph (1)(B), shall not exceed such limits as the Board may establish, but shall not in any case exceed the lesser of-- (i) $900,000; or (ii) 90 percent of the fair market value of the real estate involved, as determined by an appraisal made by the Corporation. (B) Upside-down mortgages.--In any case in which the amount of the face value of the bonds exchanged plus accrued interest thereon and the cash advanced is less than the amount the home owner owes with respect to the home mortgage or other obligation or lien so acquired by the Corporation, the Corporation shall credit the difference between such amounts to the home owner and shall reduce the amount owed by the home owner to the Corporation to that extent. (3) Amortization.--Each home mortgage or other obligation or lien acquired by the Corporation pursuant to this section shall be carried as a first lien or refinanced as a home mortgage by the Corporation on the basis of the price paid by the Corporation for the mortgage, obligation, or lien, and shall be amortized by means of monthly payments sufficient to retire the interest and principal within a period of not to exceed 40 years. (4) Payments by home owner.-- (A) Timing.--Notwithstanding paragraph (3), the amortization payments of any home owner may be made quarterly, semiannually, or annually, if in the judgment of the Corporation the situation of the home owner so requires. (B) FHA conforming interest rates and terms.--The Corporation shall set terms for repayment of the unpaid balance of the obligation of the home owner to the Corporation that are consistent with the rates and terms being offered at the time for mortgages on real estate of a similar type that are insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.), as adjusted for risk premiums to be established by the Board. (C) Extension.--The Corporation may at any time grant an extension of time to any home owner for the payment of any installment of principal or interest owed by the home owner to the Corporation if, in the judgment of the Corporation, the circumstances of the home owner and the condition of the security justify such extension, and no payment of any installment of principal shall be required during the three-year period beginning upon the date of the enactment of this Act if the home owner is not in default with respect to any other condition or covenant of the mortgage of the home owner. (b) Nondiscrimination.--No discrimination shall be made under this Act against any home mortgage by reason of the fact that the real estate securing such mortgage is located in a municipality, county, or taxing district which is in default upon any of its obligations. (c) Cash Loans on Unencumbered Property.-- (1) Authority.--The Corporation may, during the three-year period beginning upon the date of the enactment of this Act, make loans in cash subject to the same limitations and for the same purposes for which cash advances may be made under subsection (a), in cases in which the property is not otherwise encumbered. (2) Limitation on amount.--A loan pursuant to this subsection may not exceed 50 percent of the value of the property securing the loan, as determined upon an appraisal made by the Corporation. (3) Terms.--Each such loan shall-- (A) be secured by a duly recorded home mortgage; (B) bear interest at the same rate; and (C) be subject to the same provisions with respect to amortization and extensions as are applicable in the case of obligations refinanced under subsection (a). (d) Cash Advances for Redemption of Foreclosed Homes.--The Corporation may, during the three-year period beginning upon the date of the enactment of this Act, exchange bonds and advance cash, subject to the limitations provided in subsection (a), to redeem or recover homes lost by the owners by foreclosure or forced sale by a trustee under a deed of trust or under power of attorney, or by voluntary surrender to the mortgagee within two years prior to such exchange or advance. (e) Appraisals.--The Board shall establish rules for the appraisal of the property on which loans are made under this section to accomplish the purposes of this Act. (f) Bonds Accepted in Payment.--Any person indebted to the Corporation may make payment to the Corporation in part or in full by delivery to the Corporation of its bonds, which shall be accepted by the Corporation for such purpose at face value. SEC. 8. OTHER PROVISIONS. (a) Officers and Employees.--The Corporation shall have power to select, employ, and fix the compensation of such officers, employees, attorneys, or agents as shall be necessary for the performance of its duties under this Act, without regard to the provisions of other laws applicable to the employment or compensation of officers, employees, attorneys, or agents of the United States. No such officer, employee, attorney, or agent shall be paid compensation at a rate in excess of market rates as documented by the Corporation. In carrying out its duties under this section, the Corporation shall utilize the services of private persons, including real estate and loan portfolio asset management, property management, auction marketing, and brokerage services, if such services are available in the private sector and the Corporation determines utilization of such services is practicable and efficient. Compensation paid to members of the Board shall not exceed the rate provided by law. (b) Use of Mails.--The Corporation may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (c) Salaries and Expenses.--The Corporation shall pay such proportion of the expenses of the members of the Board, and such proportion of the salaries and expenses of its officers and employees, as the Board determines to be equitable, and may use the facilities of Federal Home Loan Banks, upon making reasonable compensation for such use, as determined by the Board. (d) Bylaws, Rules, and Regulations.--The Board may make such bylaws, rules, and regulations, not inconsistent with the provisions of this Act, as may be necessary for the proper conduct of the affairs of the Corporation. (e) Retirement of Stock.--The Corporation shall retire and cancel the bonds and stock of the Corporation as rapidly as the resources of the Corporation will permit. Upon the retirement of such stock, the reasonable value of the stock as determined by the Board shall be paid into the Treasury of the United States and the receipts issued therefor shall be canceled. (f) Operating Expenses.--The Board shall provide for the operating expenses of the Corporation to be met through use of any returns on investments and loans of the Corporation. SEC. 9. LIQUIDATION. The Board shall proceed to liquidate the Corporation when its purposes have been accomplished, and shall pay any surplus or accumulated funds into the Treasury of the United States. The Corporation may declare and pay such dividends to the United States as may be earned and the Board, in its judgment, determines it is proper for the Corporation to pay. SEC. 10. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Corporation.--The term ``Corporation'' means the Home Owners' Loan Corporation established under section 2. (2) Board.--The term ``Board'' means the Board of Directors of the Corporation. (3) Real estate.--The term ``real estate'' means real estate-- (A)(i) upon which there is located a dwelling-- (I) for not more than four families; and (II) that is used by the owner of the dwelling as a principal residence; and (ii) that is held in fee simple or on a leasehold under a renewable lease for not less than 99 years; and (iii) that has a value not exceeding $1,000,000; or (B)(i) consisting of a one-family unit in a multifamily project, including a project in which the dwelling units are attached or are manufactured housing units, semi-detached, or detached, that is used by the owner as a principal residence; (ii) that is held in fee simple or on a long-term leasehold, together with an undivided interest in the common areas and facilities that serve the project; and (iii) that has a value not exceeding $500,000.

Home Owners' Loan Corporation for the 21st Century Act - Establishes the Home Owners' Loan Corporation as an instrumentality of the United States. Authorizes the Corporation to: (1) acquire, in exchange for bonds and subject to specified limitations, home mortgages, obligations, and liens secured by real estate (mortgage relief); and (2) make cash advances to pay the taxes and assessments on the real estate, provide for maintenance, meet incidental transaction expenses, and pay the mortgage, obligation, or lien holder the difference (not to exceed $200) between the face value of the bonds exchanged, plus accrued interest, and the purchase price of the mortgage, obligation, or lien. Requires the homeowner to make mortgage payments to the Corporation. Sets forth 40-year amortization requirements. Authorizes the Corporation to exchange bonds and make cash advances to redeem or recover homes lost by the owners by foreclosure or forced sale.

To establish the Home Owners' Loan Corporation to provide emergency home mortgage relief.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Constantine Menges Ukraine Democracy and Fair Elections Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States supports the promotion of democracy, free, fair, and transparent elections, and respect for human rights and the rule of law in Ukraine consistent with the commitments of Ukraine as a member country of the Organization for Security and Cooperation in Europe (OSCE). (2) The United States has a vital interest in the independence and sovereignty of Ukraine and in its successful integration into the European community of democracies. (3) Elections conducted by the Government of Ukraine during the past ten years have not satisfied the criteria established for free, fair, and transparent elections consistent with OSCE and European democratic standards. (4) Georgiy Gongadze, Igor Alexandrov, and other independent journalists in Ukraine who supported democracy and published critical reports concerning governmental actions have been murdered or have disappeared and are presumed dead. (5) Former government officials of Ukraine have made credible allegations and produced evidence that top officials of the current government were involved in the disappearances. (6) The current Government of Ukraine, led by President Leonid D. Kuchma and Prime Minister Viktor Yanukovych-- (A) systematically harasses and represses independent media and independent trade unions and journalists; (B) actively suppresses freedom of speech and expression and encourages a virtual blackout on national television stations of the main democratic opposition candidate; (C) uses police to block the transit by land of opposition candidates and refuses access for the airplane of the opposition candidates to land at city airports for campaign appearances; (D) uses state and city dump trucks and bulldozers to block access of voters to city squares for appearances by opposition candidates; (E) denies access of opposition candidates to rent government-owned auditoriums and public places for meetings with voters; and (F) denies postal service delivery of opposition campaign literature. (7) In spite of current and past statements by President Kuchma and Prime Minister Yanukovych that the up-coming presidential election will be free, fair, and transparent with an honest ballot count, the presidential election of October 1999, the national referendum of 2000, the parliamentary election of March 2002, and recent by-elections to Parliament and city mayoral races, including the mayoral race in Mukachevo in spring 2004, were determined by OSCE and other local and international observers to be fundamentally unfair. (8) These elections failed to meet OSCE standards for democratic elections as formulated in the 1990 Copenhagen Document, and were marred by significant abusive and illegal misconduct that was publicly approved at the highest levels of the government, including-- (A) the harassment, arrest, and false disqualification of opposition candidates; (B) the arrest and beating by the police of members of Parliament who were acting as official precinct election observers; (C) the denial of equal and fair access by opposition candidates to the state-controlled television, radio, and print media, and the denial of the use of the postal system for sending opposition campaign mail to voters; (D) the seizure of equipment and property of independent nongovernmental organizations, radio stations, and press organizations and the harassment of their staff and management, causing several individuals to flee to foreign countries for their safety; (E) the implementation of voting and vote counting procedures that were neither transparent nor legal; and (F) the implementation of a campaign of intimidation directed against opposition activists, domestic election observer organizations, and opposition and independent media, including denying newsprint and access to printing plants to the independent media. (9) Dr. Constantine Menges, who died in July 2004, served as a senior official on the National Security Council under President Ronald Reagan and was a staunch anti-Communist, a friend of the peoples of Eastern European countries, and particularly supportive of Ukrainian independence. SEC. 3. DECLARATION OF POLICY. Congress-- (1) expresses its support for individuals and organizations in Ukraine that promote-- (A) democracy, free, fair, and transparent elections, and respect for human rights and the rule of law in Ukraine; and (B) the integration of Ukraine into the European community of democracies; (2) expresses it grave concern over the murders and disappearances of independent journalists in Ukraine like Georgiy Gongadze, Igor Alexandrov, and others; (3) calls upon the President Kuchma and Prime Minister Yanukovych to cease persecution of political opponents and independent journalists and to cease harassment of individuals who try to exercise their rights to freedom of speech, expression, assembly, and association; (4) calls upon President Kuchma and Prime Minister Yanukovych to end the pattern of clear, gross, and uncorrected violations of relevant OSCE human dimension commitments and to respect the basic freedoms of speech, expression, assembly, and association; and (5) calls upon the Government of Ukraine to resolve the continuing constitutional and political crisis by assuring-- (A) a free, fair, and transparent presidential election in 2004; (B) meaningful access by the political opposition to state-controlled media, including access to newsprint and printing plants; (C) full and uninterrupted access for the political opposition to postal delivery services; (D) unimpeded access by the political opposition to public auditoriums and other areas for gathering and meeting with voters; (E) unimpeded transit by road and air for opposition candidates; (F) modification of the electoral code in keeping with OSCE commitments; and (G) full freedom for international observers to monitor the election and ballot counting at local, regional, and national levels. SEC. 4. SENSE OF CONGRESS REGARDING MULTILATERAL COOPERATION CONCERNING UKRAINE. It is the sense of Congress that the President should coordinate with other countries, particularly European countries, to formulate and implement a comprehensive and multilateral strategy to further the purposes of this Act, including, as appropriate, encouraging other countries to take measures with respect to Ukraine that are similar to the measures described in this Act. SEC. 5. SANCTIONS AGAINST THE GOVERNMENT OF UKRAINE. (a) Application and Timing of Sanctions.--Until the President makes the determination that Ukraine meets all the requirements specified in subsection (b) and certifies such determination to the appropriate congressional committees, the President shall direct that the sanctions described in subsection (c) shall apply immediately with respect to Ukraine. (b) Certification.--A certification under this subsection is a certification transmitted to the appropriate congressional committees of a determination made by the president that the following has occurred with respect to Ukraine: (1) The implementation of free, fair, and transparent elections for president and Parliament fully consistent with OSCE standards for democratic elections and in cooperation with relevant OSCE and Council of Europe institutions. (2) The cessation of all forms of harassment and repression against the media, independent trade unions, nongovernmental organizations, religious organizations, and the political opposition. (3) The withdrawal and cessation of politically motivated legal charges against opposition figures and independent journalists. (c) Sanctions Described.-- (1) Denial of entry into united states.--The President shall direct the Secretary of Homeland Security to deny entry under section 212(f) of the Immigration and Nationality Act (8 U.S.C. 1182(f)) to the United States of any alien who-- (A) is a senior government official in the current government of Ukraine; or (B) is a spouse, minor child, or agent of such an alien. (2) Seizure of assets in united states.--The President shall direct the Office of Foreign Assets Control of the Department of the Treasury to identify and seize the personal assets or personal financial accounts in the United States obtained by improper or illicit means of any alien who-- (A) is a senior government official in the current government of Ukraine; or (B) is a spouse, minor child, or agent of such an alien. (3) Prohibitions on loans and investment.--The President shall direct that-- (A) no loan, credit guarantee, insurance, financing, or other similar financial assistance is provided on or after the date of the enactment of this Act by any agency of the United States, including by the Export-Import Bank of the United States and the Overseas Private Investment Corporation, to the Government of Ukraine (except with respect to the provision of humanitarian goods and agricultural or medical products); and (B) no funds made available to the Trade and Development Agency may be made available on or after the date of the enactment of this Act for any activity or project of the Agency in or for Ukraine. (4) International financial institutions.--The President shall direct the Secretary of the Treasury to instruct the United States executive director to each appropriate international financial institution in which the United States participates, to oppose and vote against the extension by each such institution of any loan or financial or technical assistance or grant to the Government of Ukraine (except for loans and assistance that serve humanitarian needs). (d) Waiver.-- (1) In general.--The President may waive the application of subsection (c)(1), (c)(2), (c)(3), or (c)(4), or any combination of such subsections, if the President determines-- (A) that it is in the national security interest of the United States to do so; (B) that a new president is elected in Ukraine in November 2004 who-- (i) has corrected the abuses and election irregularities outlined under section 2; and (ii) has pledged to conduct a free, fair, and transparent election in the parliamentary election scheduled for March 2006; or (C) that in the case of the application any such subsection or combination of such subsections to an individual, such individual was not directly or indirectly involved in any of the abuses or election irregularities outlined under section 2. (2) Certification.--If the President exercises the waiver under paragraph (1), the President shall submit to the appropriate congressional committees a report containing the reasons for such waiver. SEC. 6. REPORTS. (a) Dates for Submission.--Not later than 90 days after the date of the enactment of this Act, and every year thereafter, the President shall transmit to the appropriate congressional committees a report containing the information required by subsection (b). In the case of the second and all subsequent reports, each such report shall contain such information with respect to the preceding 12-month period. (b) Contents.--The reports required by subsection (a) shall contain information regarding the following: (1) The personal assets and bank accounts of the current president, prime minister and other senior government officials of the Government of Ukraine that are located in the United States or other country, and, if such assets and accounts are determined to have been acquired through improper or illicit means, any actions the United States has taken to investigate and seize such assets and accounts and encourage such other country to take similar action. (2) The sale or delivery of weapons or weapons-related technologies from Ukraine to any country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405 (j)(1)), has repeatedly provided support for acts of international terrorism. (3) An identification of each country described in paragraph (2) and a detailed description of the weapons or weapons-related technologies involved in such sale. (4) An identification of the goods, services, credits, or other consideration received by Ukraine in exchange for the weapons or weapons-related technologies involved in such sale. (c) Form.--A report transmitted pursuant to subsection (a) shall be in unclassified form but may contain a classified annex. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) Senior government official.--The term ``senior government official'' means, with respect to Ukraine-- (A) the president, prime minister, deputy prime ministers, government ministers; chairmen and members of state committees, including the Central Election Commission and regional and local election commissions, members of the Presidential Administration, members of Parliament; and the heads of the Security Services, State Tax Administration, and the State Customs Services; (B) any official of the Government of Ukraine who is personally involved in the suppression of freedom and free, fair, and transparent elections in Ukraine, including judges, law enforcement personnel, prosecutors, regional governors, mayors, and administrators; and (C) any other individual determined by the Secretary of State to be personally involved in the formulation or execution of policies or activities that are in contradiction of internationally recognized human rights and free, fair, and transparent elections standards.

Constantine Menges Ukraine Democracy and Fair Elections Act of 2004 - States that Congress expresses its: (1) support for democracy, free elections, and respect for human rights and the rule of law in Ukraine; (2) support for the integration of Ukraine into the European community of democracies; and (3) grave concern over the murders and disappearances of independent journalists in Ukraine. Directs the President to apply specified entry, asset seizure, and investment sanctions to Ukraine until the President certifies to the appropriate congressional committees that Ukraine has: (1) implemented free and transparent elections for president and Parliament; (2) stopped harassment and repression against the media, independent trade unions, nongovernmental organizations, religious organizations, and the political opposition; and (3) stopped politically motivated legal charges against opposition figures and independent journalists. Authorizes the President to waive such sanctions if: (1) in the national interest; or (2) a new president is elected in Ukraine in 2004 who has corrected election abuses.

To encourage the promotion of democracy, free, fair, and transparent elections, and respect for human rights and the rule of law in Ukraine.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Neutrality Protection Act of 2011''. SEC. 2. FINDINGS; STATEMENT OF CONGRESS. (a) Findings.--Congress finds the following: (1) International humanitarian law codifies the principle of medical neutrality in the Geneva Conventions, to which the United States is a signatory, during times of national or international armed conflict, which offer special protections to medical facilities and personnel. These provisions recognize ambulances, hospitals, hospital ships, the personnel serving in ambulances and hospitals, citizens who assist the wounded as neutral and protected during conflict. (2) The Geneva Conventions specify that the wounded and sick shall receive adequate care, be protected from ill- treatment, and be protected from discrimination, and that emblems such as the red cross and red crescent are recognized as protective emblems in conflict. Many parts of the Geneva Conventions have been declared by the International Committee on the Red Cross (ICRC) to be customary international humanitarian law. (3) International human rights law further expands norms of medical neutrality during the absence of an armed conflict. Article 25 (1) of the Universal Declaration of Human Rights and Article 12 of the International Covenant on Economic, Social and Cultural Rights, to which the United States is a signatory, establish the right to health. (b) Statement of Congress.--Congress affirms its support of participants of peaceful demonstrations around the world, as part of the United States' support for freedom of assembly as enshrined in the United States Constitution. The United States takes particular umbrage at countries that harm or endanger medical professionals during times of unrest. SEC. 3. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to prevent or interfere with legitimate law enforcement objectives conducted in accordance with recognized international human rights norms and legal standards. SEC. 4. STATEMENTS OF POLICY. It shall be the policy of the United States to-- (1) consider the protection of medical neutrality a policy priority of the United States as an integral part of the defense of recognized international human rights norms and law; (2) use its voice, vote, and influence in international fora to further define and codify the principle of medical neutrality and to establish accountability for violations of the principle of medical neutrality; and (3) use its voice, vote, and influence at the United Nations Human Rights Council to create and appoint a Special Rapporteur on the Protection and Promotion of Medical Neutrality. SEC. 5. DETERMINATION AND NOTIFICATION OF FOREIGN COUNTRY REQUIRED. (a) Determination.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall compile and update at least annually a list of those foreign governments that the Secretary determines, after consultation with local and international nongovernmental organizations and the Assistant Secretary for Democracy, Human Rights and Labor, have engaged in violations of medical neutrality. The Secretary shall publish such list on the website of the Department of State. (b) Notification.--The Secretary of State shall provide a formal notification to a foreign government that is included on a list described in subsection (a). SEC. 6. PROHIBITIONS. (a) Prohibition on Certain Assistance.--Subject to subsection (c) of this section and section 8, and except as provided in section 7, the authorities specified in section 516 or 541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j or 2347) or section 23 of the Arms Export Control Act (22 U.S.C. 2763) may not be used to provide assistance, and no licenses for direct commercial sales of military equipment may be issued, to the government of a country that the Secretary of State has, in accordance with section 5 of this Act, determined to have engaged in a violation of medical neutrality. (b) Prohibition on Certain Visas.--Except as provided in section 7, upon receiving credible information, including information contained in the Annual Country Reports on Human Rights Practices, that an alien is or was engaged in or has organized any act that is a violation of medical neutrality, the Secretary of State shall deny the issuance of a visa to, and the Secretary of Homeland Security shall deny the entry into the United States of, such alien. (c) Minimum Duration.--The prohibitions on assistance described in subsection (a) shall remain in effect for a minimum of one fiscal year, after which the President may reinstate such assistance pursuant to section 8. SEC. 7. WAIVER. (a) In General.--The President may temporarily waive the prohibitions on assistance described in section 6 if the President transmits to the appropriate congressional committees a determination that-- (1) such waiver is in the national security interest of the United States, including the reasons therefor; and (2) establishes a date, not later than two years after the issuance of such waiver, on which such waiver shall expire. (b) Congressional Override.--If Congress enacts a joint resolution disapproving such waiver, such waiver shall have no force or effect. SEC. 8. REINSTATEMENT OF ASSISTANCE. The President may reinstate assistance to a country otherwise prohibited under section 6(a) upon written certification to the appropriate congressional committees that the government of such country has implemented-- (1) measures that include the successful implementation of an action plan and actual steps to come into compliance with medical neutrality; and (2) policies and mechanisms to prohibit and prevent future government or government-sponsored acts that are a violation of medical neutrality and has the input and agreement of local and international nongovernmental organizations. SEC. 9. INVESTIGATIONS OF VIOLATIONS OF MEDICAL NEUTRALITY. (a) Investigations of Allegations of Violations of Medical Neutrality.--The heads of United States diplomatic and consular missions shall investigate all reports of violations of medical neutrality in the countries or regions in which such missions are located for inclusion in the annual Country Reports on Human Rights Practices under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n and 2304). (b) Inclusion in Annual Country Reports on Human Rights Practices.--The Foreign Assistance Act of 1961 is amended-- (1) in section 116 (22 U.S.C. 2151n), by adding at the end the following new subsection: ``(g) The report required under subsection (d) shall include a description of any violations of medical neutrality (as such term is defined in the Medical Neutrality Protection Act of 2011) and an identification of the individuals who have engaged in or organized such violations in each foreign country covered by such report.''; and (2) in section 502B (22 U.S.C. 2304), by adding at the end the following new subsection: ``(i) The report required by subsection (b) shall include a description of any violations of medical neutrality (as such term is defined in the Medical Neutrality Protection Act of 2011) and an identification of the individuals who have engaged in or organized such violations in each foreign country covered by such report.''. SEC. 10. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Violation of medical neutrality.--The term ``violation of medical neutrality'' means-- (A) militarized attacks on health care facilities, health care service providers, or individuals in the course of receiving medical treatment; (B) wanton destruction of medical supplies, facilities, records, or transportation services; (C) willful obstruction of medical ethics as specified in the World Medical Association's International Code of Medical Ethics, including preventing medical professionals from administering ethical medical care to individuals in need; (D) coercion of medical personnel to commit acts in violation of their ethical responsibilities; (E) deliberate misuse of health care facilities, transportation services, uniforms, or other insignia; (F) deliberate blocking of access to health care facilities and health care professionals; or (G) arbitrary arrest or detention of health care service providers or individuals seeking medical care.

Medical Neutrality Protection Act of 2011 - Requires the Secretary of State to compile and update at least annually a list of those foreign governments that the Secretary determines have engaged in violations of medical neutrality and to provide a formal notification to a foreign government included in such list. Defines a “violation of medical neutrality” to mean: (1) militarized attacks on health care facilities, health care service providers, or individuals in the course of receiving medical treatment; (2) wanton destruction of medical supplies, facilities, records, or transportation services; (3) willful obstruction of medical ethics; (4) coercion of medical personnel to commit acts in violation of their ethical responsibilities; (5) deliberate misuse of health care facilities, transportation services, uniforms, or other insignia; (6) deliberate blocking of access to health care facilities and health care professionals; or (7) arbitrary arrest or detention of health care service providers or individuals seeking medical care. Prohibits specified presidential authorities, including the authority to transfer excess defense articles, furnish military training and education, or finance the procurement of defense articles, from being used to provide assistance to, and prohibits licenses for direct commercial sales of military equipment from being issued to, the government of a country that has engaged in a violation of medical neutrality. Makes such prohibition on assistance effective for a minimum of one fiscal year, after which the President may reinstate such assistance. Authorizes the President to temporarily waive the prohibitions in the interest of national security. Requires the Secretary to deny the issuance of a visa to any alien that is or was engaged in or has organized any act that is a violation of medical neutrality. Directs the heads of U.S. diplomatic and consular missions to investigate all reports of violations of medical neutrality.

To provide for medical neutrality and to establish accountability for violations of the principle of medical neutrality, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Healthy Oceanic Recovery and Enhancement Act''. SEC. 2. TRANSFER OF AUTHORITY TO ISSUE PERMITS FOR TRANSPORTATION OF DREDGED MATERIAL FOR OCEAN DUMPING. (a) Transfer.--The authority under section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) to issue permits for transportation of dredged material for the purpose of dumping it into ocean waters is transferred from the Secretary of the Army to the Commission on Dredge Material Policy established by the amendment made by section 3 of this Act (in this section referred to as the ``Commission''). (b) References.--Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which authority is transferred by this section to the head of such department or office, or to such department or office, is deemed to refer to the Commission. (c) Exercise of Authorities.--Except as otherwise provided by law, the Commission may, for purposes of performing the authority transferred by this section, exercise all authorities under any other provision of law that were available with respect to the exercise of that authority to the Secretary of the Army immediately before the effective date of the transfer of the function under this section. (d) Savings Provisions.-- (1) Legal documents.--All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges-- (A) that have been issued, made, granted, or allowed to become effective by the Secretary of the Army or any other Government official, or by a court of competent jurisdiction, in the exercise of any authority that is transferred by this section, and (B) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Commission, a court of competent jurisdiction, or operation of law. (2) Proceedings.--This section shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act with respect to any authority transferred by this section, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (3) Suits.--This section shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted. (4) Nonabatement of actions.--No suit, action, or other proceeding commenced by or against any individual in the official capacity of such individual as an officer or employee responsible for exercising an authority transferred by this section, shall abate by reason of the enactment of this Act. (5) Continuance of suits.--If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this section the authority to perform such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (6) Administrative procedure and judicial review.--Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to the exercise of any authority transferred by this section shall apply to the exercise of such authority by the Commission. (e) Transfer of Assets.--Except as otherwise provided in this Act, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with an authority transferred to the Commission by this section shall be available to the Commission at such time or times as the Director of the Office of Management and Budget directs for use in connection with the authorities transferred. (f) Delegation and Assignment.--Except as otherwise expressly prohibited by law or otherwise provided in this Act, the Commission may delegate any of the authorities transferred to the Commission by this section to such officers and employees of the Commission as the Commission may designate, and may authorize successive redelegations of such authority as may be necessary or appropriate. No delegation of functions under this subsection or under any other provision of this Act shall relieve the Commission of responsibility for the administration of the authority. (g) Authority of Director of the Office of Management and Budget With Respect to Functions Transferred.-- (1) Determinations.--If necessary, the Director of the Office of Management and Budget shall make any determination of the authority that are transferred under this section. (2) Incidental transfers.--The Director of the Office of Management and Budget, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the authority transferred by this section, and may 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 authority as may be necessary to carry out the provisions of this Act. The Director shall provide for the termination of the affairs of all entities terminated pursuant to this Act and for such further measures and dispositions as may be necessary to effectuate this Act. (h) Availability of Existing Funds.--Existing appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this Act shall remain available, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities. (i) Conforming Amendments.--The Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) is amended-- (1) in section 3 (33 U.S.C. 1402) by adding at the end the following: ``(n) The term `Commission' means the Commission on Dredge Material Policy established by title IV.''; (2) in title I by striking ``Secretary'' each place it appears in reference to the Secretary of the Army, other than in section 106(d)(2)(C) (33 U.S.C. 1416(d)(2)(C)), and inserting ``Commission''; (3) in section 103 (33 U.S.C. 1413) by striking the section heading and inserting the following: ``permits for transportation of dredged material''; and (4) in section 106(d)(2)(C) (33 U.S.C. 1416(d)(2)(C)) by striking ``Secretary of the Army'' and inserting ``Commission''. SEC. 3. ESTABLISHMENT OF COMMISSION ON DREDGE MATERIAL POLICY. The Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.) is amended by adding at the end the following: ``TITLE IV--COMMISSION ON DREDGED MATERIAL POLICY ``SEC. 401. ESTABLISHMENT. ``There is established a commission to be known as the `Commission on Dredged Material Policy'. ``SEC. 402. DUTIES OF COMMISSION. ``The Commission shall carry out the duties of the Commission under title I of this Act. ``SEC. 403. MEMBERSHIP. ``(a) Number and Appointment.-- ``(1) In general.--The Commission shall be composed of 16 members appointed by the President by and with the advice and consent of the Senate, from among individuals who are knowledgeable in ocean and dredging activities, including individuals representing State and local governments, ocean- related industries, academic and technical institutions, and public interest organizations involved with scientific, regulatory, economic, and environmental ocean and dredging activities. The membership of the Commission shall be balanced geographically to the extent consistent with maintaining the highest level of expertise on the Commission. ``(2) Recommendations.--Of the members of the Commission appointed under this subsection-- ``(A) 4 shall be appointed from a list of 8 individuals who shall be recommended by the majority leader of the Senate in consultation with the Chairman of the Committee on Commerce, Science, and Transportation of the Senate; ``(B) 4 shall be appointed from a list of 8 individuals who shall be recommended by the Speaker of the House of Representatives in consultation with the Chairmen of the Committees on Resources, Transportation and Infrastructure, and Science of the House; ``(C) 2 shall be appointed from a list of 4 individuals who shall be recommended by the minority leader of the Senate in consultation with the ranking minority party member of the Committee on Commerce, Science, and Transportation of the Senate; and ``(D) 2 shall be appointed from a list of 4 individuals who shall be recommended by the minority leader of the House of Representatives in consultation with the ranking minority party members of the Committees on Resources, Transportation and Infrastructure, and Science of the House. ``(b) Terms.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), each member shall be appointed for a term of 4 years. ``(2) Terms of initial appointees.--As designated by the President at the time of appointment, of the members first appointed-- ``(A) 4 shall be appointed for a term of 3 years; and ``(B) 2 shall be appointed for a term of 2 years. ``(3) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. ``(c) Basic Pay.--Members of the Commission shall each be entitled to receive the daily equivalent of the minimum annual rate of basic pay payable for grade GS-4 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. ``(d) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. ``(e) Quorum.--A majority of the members of the Commission shall constitute a quorum but a lesser number may hold hearings. ``(f) Chairperson.--The Chairperson of the Commission shall be elected by the members of the Commission. The term of office of the Chairperson shall be 2 years. ``(g) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of its members, except that the first meeting of the Commission shall occur not later than 30 days after the completion of appointment of its members. ``SEC. 404. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. ``(a) Staff.--With the approval of the Chairperson, the Chairperson may appoint and fix the pay of personnel as the Chairperson considers appropriate. ``(c) Staff of Federal Agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. ``SEC. 405. POWERS OF COMMISSION. ``(a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. ``(b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. ``(c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. ``(d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. ``(e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. ``(f) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies and services.''.

Amends the Act to establish the Commission on Dredged Material Policy.

Safe and Healthy Oceanic Recovery and Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wasatch Range Recreation Access Enhancement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) there is interest in providing direct public access between the Wasatch Range front and back in the State of Utah by linking ski resorts in the area by means of a skier transport, lift, or tramway; (2) the primary ski resorts in the Wasatch Range in Utah are situated within a 5 mile radius, but currently there is no convenient transportation link between the resorts; (3) The Canyons Ski Resort and Solitude Mountain Resort have proposed a public access transportation connection through construction of a minimally invasive transportation alternative, called ``SkiLink'', which would cross approximately 30 acres of the Uinta-Wasatch-Cache National Forest from private land at The Canyons Ski Resort in Summit County, Utah, to private land at Solitude Mountain Resort in Big Cottonwood Canyon, Utah; (4) the land and resource management plan for the Uinta- Wasatch-Cache National Forest prohibits new alpine ski lifts on National Forest System land; (5) despite efforts by the Utah Department of Transportation, the Wasatch Front Regional Council, and the Utah Transit Authority to increase transit and carpool access in Big Cottonwood Canyon, daily traffic on winter weekends ranges between 8,000 and 9,000 vehicles per day; (6) studies show that the establishment of the SkiLink would reduce ski season vehicle traffic between The Canyons Resort and Solitude Mountain Resort by as many as 18,000 cars per year or 1,000,000 fewer miles driven per year, and the amount of the reduction is expected to increase over time; (7) SkiLink would produce immediate traffic benefits, including a reduction in PM 2.5 and other emissions in Parley's Canyon and Big Cottonwood Canyons; (8) a preliminary environmental review of the proposed SkiLink corridor assessed the potential impact of SkiLink on special status species, water quality and watershed resources, and visual resources and found that no federally listed species or critical habitat would be affected and that any water, plant, and wildlife issues could be addressed through mitigation; (9) minimally invasive, environmentally sound construction techniques would be used to construct SkiLink, including the use of helicopters for concrete placement and tower installations; (10) the winter sport industry in Utah is a significant contributor to the economy of Utah, with the ski/snowboarding industry bringing $1,260,000,000 to Utah during the 2009/2010 ski season and resulting in 20,000 jobs; and (11) economic analysis of SkiLink shows it would infuse another $50,000,000 a year into Utah's economy and create 500 new jobs in the tourism and hospitality industries by creating the largest interconnected ski network in the United States and providing access to more than 6,000 acres of ski terrain. SEC. 3. CONVEYANCE OF NATIONAL FOREST SYSTEM LAND, UINTA-WASATCH-CACHE NATIONAL FOREST, SALT LAKE COUNTY, UTAH. (a) Conveyance Required; Purpose.--Subject to subsection (e), the Secretary of Agriculture shall convey, by sale, to Canyons-SkiLink, LLC, all right, title, and interest of the United States in and to a parcel of National Forest System Land in the Uinta-Wasatch-Cache National Forest in Salt Lake County, Utah, consisting of approximately 30 acres, as identified on the map entitled ``SkiLink parcels, November 2011'', for the purpose of permitting Canyons-SkiLink, LLC, to construct a ski-lift, gondola, or tramway to serve as a public-access transportation interconnection of the Wasatch Front and the Wasatch Back Mountains. (b) Consideration.--As consideration for the conveyance of the National Forest System land under subsection (a), Canyons-SkiLink, LLC, shall pay to the Secretary of Agriculture an amount equal to at least the fair market value of the Federal land as of the date of enactment of this Act. (c) Determination of Fair Market Value.-- (1) In general.--The fair market value of the National Forest System land to be conveyed under subsection (a) shall be based on an appraisal acceptable to the Secretary of Agriculture. (2) Deadline.--The appraisal shall be completed not later than 180 days after the date of enactment of this Act. (d) Reversionary Interest.-- (1) In general.--If the Secretary of Agriculture determines at any time that the National Forest System land conveyed under subsection (a) has not been used for a period of 10 years or longer in accordance with the purpose of the conveyance all right, title, and interest in and to the conveyed land, including any improvements thereto shall, at the option of the Secretary of Agriculture, revert to and become the property of the United States, the United States shall have the right of immediate entry onto the land. (2) Determination.--A determination by the Secretary of Agriculture under this subsection shall be made on the record after an opportunity for a hearing. (e) Environmental Compliance.--In making the conveyance under this section, the Secretary of Agriculture shall complete all actions that may be required under-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (3) any other applicable laws.

Wasatch Range Recreation Access Enhancement Act - Directs the Secretary of Agriculture (USDA) to convey, by sale, a specified parcel of National Forest System land within the Uinta-Wasatch-Cache National Forest in Salt Lake County, Utah, to Canyons-SkiLink, LLC, to allow it to construct a ski-lift, gondola, or tramway to serve as a public-access transportation interconnection of the Wasatch Front and the Wasatch Back Mountains. Requires Canyons-SkiLink to pay to the Secretary an amount equal to at least the fair market value of such land. Requires the fair market value of the National Forest System land to be conveyed under this Act to be determined based on an appraisal that is acceptable to the Secretary.

A bill to provide for the sale of approximately 30 acres of Federal land in Uinta-Wasatch-Cache National Forest in Salt Lake County, Utah, to permit the establishment of a minimally invasive transportation alternative called "SkiLink" to connect 2 ski resorts in the Wasatch Mountains, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pathways to College Act''. SEC. 2. FINDINGS. Congress finds the following: (1) An educated workforce is crucial to the success of the United States economy. Access to higher education for all students is critical to maintaining an educated workforce. More than 80 percent of the 23,000,000 jobs that will be created in the next 10 years will require postsecondary education. Only 36 percent of all 18- to 24-year olds are currently enrolled in postsecondary education. (2) Workers with bachelor's degrees earn on average $17,000 more annually than workers with only high school diplomas. Workers who earn bachelor's degrees can be expected to earn $1,000,000 more over a lifetime than those who only finished high school. (3) The ACT recommends that schools-- (A) provide student guidance to engage students in college and career awareness; and (B) ensure that students enroll in a rigorous curriculum to prepare for postsecondary education. (4) The Department of Education reports that the average student-to-counselor ratio in high schools is 315:1. This falls far above the ratio recommended by the American School Counselor Association, which is 250:1. While school counselors at private schools spend an average of 58 percent of their time on postsecondary education counseling, counselors in public schools spend an average of 25 percent of their time on postsecondary education counseling. (5) While just 57 percent of students from the lowest income quartile enroll in college, 87 percent of students from the top income quartile enroll. Of students who were in eighth grade in 2000, only 20 percent of the lowest-income students are projected to attain a bachelor's degree by 2012, compared to 68 percent of the highest income group, according to the Advisory Committee on Student Financial Assistance in 2006. (6) A recent report by the Consortium on Chicago School Research found that only 41 percent of Chicago public school students who aspire to go to college took the steps necessary to apply to and enroll in a 4-year institution of higher education. The report also reveals that only \1/3\ of Chicago students who want to attend a 4-year institution of higher education enroll in a school that matches their qualifications. Even among students qualified to attend a selective college, 29 percent enrolled in a community college or did not enroll at all. (7) The Consortium found that many Chicago public school students do not complete the Free Application for Federal Student Aid, even though students who apply for Federal financial aid are 50 percent more likely to enroll in college. Sixty-five percent of public secondary school counselors at low-income schools believe that students and parents are discouraged from considering college as an option due to lack of knowledge about financial aid. (8) Low-income and first-generation families often overestimate the cost of tuition and underestimate available aid; students from these backgrounds have access to fewer college application resources and financial aid resources than other groups, and are less likely to fulfill their postsecondary plans as a result. (9) College preparation intervention programs can double the college-going rates for at-risk youth, can expand students' educational aspirations, and can boost college enrollment and graduation rates. SEC. 3. GRANT PROGRAM. (a) Definitions.--In this Act: (1) ESEA definitions.--The terms ``local educational agency'' and ``Secretary'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency in which a majority of the secondary schools served by the agency are high-need secondary schools. (3) High-need secondary school.--The term ``high-need secondary school'' means a secondary school in which not less than 50 percent of the students enrolled in the school are-- (A) eligible for a school lunch program under the Richard B. Russell National School Lunch Act; (B) eligible to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); or (C) in families eligible for assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (b) Competitive Grants to Eligible Local Educational Agencies.--The Secretary is authorized to award grants, on a competitive basis, to eligible local educational agencies to carry out the activities described in this section. (c) Duration.--Grants awarded under this section shall be 5 years in duration. (d) Distribution.--In awarding grants under this section, the Secretary shall ensure that the grants are distributed among the different geographic regions of the United States, and among eligible local educational agencies serving urban and rural areas. (e) Applications.-- (1) In general.--Each eligible local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include a description of the program to be carried out with grant funds and-- (A) a description of the secondary school population to be targeted by the program, the particular college-access needs of such population, and the resources available for meeting such needs; (B) an outline of the objectives of the program, including goals for increasing the number of college applications submitted by each student, increasing Free Application for Federal Student Aid completion rates, and increasing school-wide college enrollment rates across the local educational agency; (C) a description of the local educational agency's plan to work cooperatively with programs funded under chapters 1 and 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et seq. and 1070a-21 et seq.), including the extent to which the agency commits to sharing facilities, providing access to students, and developing compatible record-keeping systems; (D) a description of the activities, services, and training to be provided by the program, including a plan to provide structure and support for all students in the college search, planning, and application process; (E) a description of the methods to be used to evaluate the outcomes and effectiveness of the program; (F) an assurance that grant funds will be used to supplement, and not supplant, any other Federal, State, or local funds available to carry out activities of the type carried out under the grant; (G) an explanation of the method used for calculating college enrollment rates for each secondary school served by the eligible local educational agency that is based on externally verified data, and, when possible, aligned with existing State or local methods; and (H) a plan to make the program sustainable over time, including the use of matching funds from non- Federal sources. (3) Method of calculating enrollment rates.-- (A) In general.--A method included in an application under paragraph (2)(G)-- (i) shall, at a minimum, track students' first-time enrollment in institutions of higher education; and (ii) may track progress toward completion of a postsecondary degree. (B) Development in conjunction.--An eligible local educational agency may develop a method pursuant to paragraph (2)(G) in conjunction with an existing public or private entity that currently maintains such a method. (f) Special Consideration.--In awarding grants under this section, the Secretary shall give special consideration to applications from eligible local educational agencies serving schools with the highest percentages of poverty. (g) Use of Funds.-- (1) In general.--An eligible local educational agency that receives a grant under this section shall develop and implement, or expand, a program to increase the number of low- income students who enroll in postsecondary educational institutions, including institutions with competitive admissions criteria. (2) Required use of funds.--Each program funded under this section shall-- (A) provide professional development to secondary school teachers and counselors in postsecondary education advising; (B) ensure that each student has not less than 1 meeting, not later than the first semester of the first year of secondary school, with a school counselor, college access personnel (including personnel involved in programs funded under chapters 1 and 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et seq. and 1070a-21 et seq.)), trained teacher, or other professional or organization, such as a community-based organization, approved by the school, to discuss postsecondary options, outline postsecondary goals, and create a plan to achieve those goals; (C) provide information to all students enrolled in the secondary schools served by the eligible local educational agency and parents beginning in the first year of secondary school on-- (i) the economic and social benefits of higher education; (ii) college expenses, including information about expenses by institutional type, differences between sticker price and net price, and expenses beyond tuition; (iii) paying for college, including the availability, eligibility, and variety of financial aid; and (iv) the forms and processes associated with applying for financial aid; and (D) ensure that each secondary school served by the eligible local educational agency develops a comprehensive, school-wide plan of action to strengthen the college-going culture within the school. (3) Allowable use of funds.--Each program funded under this section may-- (A) establish mandatory postsecondary planning classes for secondary school seniors to assist the seniors in the college preparation and application process; (B) hire and train postsecondary coaches with expertise in the college-going process; (C) increase the number of counselors who specialize in the college-going process serving students; (D) train student leaders to assist in the creation of a college-going culture in their schools; (E) provide opportunities for students to explore postsecondary opportunities outside of the school setting, such as college fairs, career fairs, college tours, workplace visits, or other similar activities; (F) assist students with test preparation, college applications, Federal financial aid applications, and scholarship applications; (G) establish partnerships with programs funded under chapters 1 and 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et seq. and 1070a-21 et seq.)), and with community and nonprofit organizations to increase college-going rates at secondary schools served by the eligible local educational agency; (H) provide long-term postsecondary follow up with graduates of the secondary schools served by the eligible local educational agencies, including increasing alumni involvement in mentoring and advising roles within the secondary school; (I) create and maintain a postsecondary access center in the school setting that provides information on colleges and universities, career opportunities, and financial aid options and provide a setting in which professionals working in programs funded under chapters 1 and 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et seq. and 1070a-21 et seq.)), can meet with students; (J) deliver college and career planning curriculum as a stand-alone course, or embedded in other classes, for all students in secondary school; and (K) increase parent involvement in preparing for postsecondary opportunities. (h) Supplement, Not Supplant.--Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds available to carry out the activities described in this section. (i) Technical Assistance.--The Secretary, directly or through contracting through a full and open process with 1 or more organizations that have demonstrated experience providing technical assistance to raise school-wide college enrollment rates in local educational agencies in not less than 3 States, shall provide technical assistance to grantees in carrying out this section. The technical assistance shall-- (1) provide assistance in the calculation and analysis of college-going rates for all grant recipients; (2) provide semi-annual analysis to each grant recipient recommending best practices based on a comparison of the recipient's data with that of secondary schools with similar demographics; and (3) provide annual best practices conferences for all grant recipients. (j) Evaluation and Reporting Requirements.-- (1) Measure enrollment and track data.--Each eligible local educational agency that receives a grant under this section shall-- (A) measure externally verified school-wide college enrollment; and (B) track data that leads to increased college going, including college applications sent and Free Application for Federal Student Aid forms filed. (2) Evaluations by grantees.--Each eligible local educational agency that receives a grant under this section shall-- (A) conduct periodic evaluations of the effectiveness of the activities carried out under the grant toward increasing school-wide college-going rates; (B) use such evaluations to refine and improve activities conducted with the grant and the performance measures for such activities; and (C) make the results of such evaluations publicly available, including by providing public notice of such availability. (3) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report concerning the results of-- (A) the evaluations conducted under paragraph (2); and (B) an evaluation conducted by the Secretary to analyze the effectiveness and efficacy of the activities conducted with grants under this section.

Pathways to College Act - Authorizes the Secretary of Education to award competitive five-year grants to local educational agencies that serve mostly high-need secondary schools for programs to increase the number of students from low-income families who attend college. Defines "high-need secondary schools" as those where at least one-half of the students are from low-income families. Requires grantees to use such funds to: (1) train teachers and counselors to provide students with advice concerning postsecondary education; (2) ensure that each student receives postsecondary information and planning assistance before the end of their first semester of secondary school; (3) inform students and parents regarding the benefits, expenses, and financing of higher education; and (4) ensure that their schools develop comprehensive, school-wide plans of action to strengthen their college-going culture. Directs the Secretary to provide technical assistance to grantees in calculating and analyzing their college-going rates and adopting best practices for elevating such rates. Requires grantees to measure externally verified school-wide college enrollment, track data that leads to increased college-going, and evaluate the success of their grant activities.

A bill to authorize the Secretary of Education to award grants to local education agencies to improve college access.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Katrina College Student Relief Act''. SEC. 2. WAIVERS OF STUDENT GRANT REPAYMENT BY STUDENTS AFFECTED BY DISASTERS. Section 484B(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1091b(b)(2)) is amended by adding at the end the following new subparagraph: ``(D) Waivers of student grant repayment by students affected by disasters.--The Secretary may waive the amounts that students are required to return under this section with respect to grant assistance under this title if the withdrawals on which the returns are based are withdrawals by students-- ``(i) who were residing in, employed in, or attending an institution of higher education that is located in, or were dependent students whose parent or parents were residing or employed in, an area in which the President has declared that a major disaster exists, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); ``(ii) whose attendance was interrupted because of the impact of the disaster on the student or the institution; and ``(iii) whose withdrawal ended within the academic year during which the designation occurred or during the next succeeding academic year.''. SEC. 3. STUDENT LOAN DEFERMENT. (a) Guaranteed Loans.--Section 428(b)(1)(M) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended-- (1) by striking ``or'' at the end of clause (ii); (2) by inserting ``or'' after the semicolon at the end of clause (iii); and (3) by adding after clause (iii) the following new clause: ``(iv) not in excess of 6 months in the case of a borrower-- ``(I) who was attending an institution of higher education that is located in, or was employed or residing in, an area in which the President has declared that a major disaster exists, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); and ``(II) whose attendance, employment, or residence was interrupted because of the impact of the disaster;''. (b) Direct Loans.--Section 455(f)(2) of such Act (20 U.S.C. 1087e(f)(2)) is amended-- (1) by striking the period at the end of subparagraph (C) and inserting ``; or''; and (2) by adding at the end the following new subparagraph: ``(D) not in excess of 6 months in the case of a borrower-- ``(i) who was attending an institution of higher education that is located in, or was employed or residing in, an area in which the President has declared that a major disaster exists, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); and ``(ii) whose attendance, employment, or residence was interrupted because of the impact of the disaster;''. (c) Perkins Loans.--Section 464(c)(2)(A) of such Act (20 U.S.C. 1087dd(c)(2)(A)) is amended-- (1) by striking ``or'' at the end of clause (iii); (2) by inserting ``or'' after the semicolon at the end of clause (iv); and (3) by inserting after clause (iv) the following new clause: ``(v) not in excess of 6 months in the case of a borrower-- ``(I) who was attending an institution of higher education that is located in, or was employed or residing in, an area in which the President has declared that a major disaster exists, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); and ``(II) whose attendance, employment, or residence was interrupted because of the impact of the disaster;''. SEC. 4. EXPECTED FAMILY CONTRIBUTION. Section 474 of the Higher Education Act of 1965 (20 U.S.C. 1087nn) is amended by adding at the end the following new subsection: ``(c) Recalculation of EFC for Students Affected by Disasters.--The Secretary shall provide for the recalculation of expected family contribution for the current academic year, when possible, and for the ensuing academic year, for any student-- ``(1) who resides in, is employed in, or is attending an institution of higher education that is located in, or is a dependent student whose parent or parents reside or are employed in, an area in which the President has declared that a major disaster exists, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); and ``(2) whose income or assets, or whose family income or assets, are affected by such disaster.''.

Katrina College Student Relief Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to waive certain requirements for repayment of federal student grant assistance by students if: (1) they were residing in, employed in, or attending an institution of higher education located in a major disaster area; (2) their attendance was interrupted because of the disaster's impact on them or the institution; and (3) their withdrawal ended within the academic year during which the major disaster designation occurred or during the next succeeding academic year. Provides such students with deferments for certain student loan obligations for up to six months. Directs the Secretary to recalculate the expected family contribution for such students.

To provide relief to students, schools, and student borrowers affected by natural disaster.

SECTION 1. SALE OR EXCHANGE OF LAND, OZARK-ST. FRANCIS AND OUACHITA NATIONAL FORESTS. (a) In General.--The Secretary of Agriculture (referred to in this Act as the ``Secretary'') may, under such terms and conditions as the Secretary may prescribe, sell or exchange any right, title, and interest of the United States in and to the following National Forest System land and improvements: (1) In the Ouachita National Forest-- (A) tract 1, ``Work Center and two Residences'' (approximately 12.4 acres), as identified on the map entitled ``Ouachita National Forest, Waldron, Arkansas, Work Center and Residences'' and dated July 26, 2000; (B) tract 2, ``Work Center'' (approximately 10 acres), as identified on the map entitled ``Ouachita National Forest, Booneville, Arkansas, Work Center'' and dated July 26, 2000; (C) tract 3, ``Residence'' (approximately \1/2\ acre), as identified on the map entitled ``Ouachita National Forest, Glenwood, Arkansas, Residence'' and dated July 26, 2000; (D) tract 4, ``Work Center'' (approximately 10.12 acres), as identified on the map entitled ``Ouachita National Forest, Thornburg, Arkansas, Work Center'' and dated July 26, 2000; (E) tract 5, ``Office Building'' (approximately 1.5 acres), as identified on the map entitled ``Ouachita National Forest, Perryville, Arkansas, Office Building'' and dated July 26, 2000; (F) tract 6, ``Several Buildings, Including Office Space and Equipment Depot'' (approximately 3 acres), as identified on the map entitled ``Ouachita National Forest, Hot Springs, Arkansas, Buildings'' and dated July 26, 2000; (G) tract 7, ``Isolated Forestland'' (approximately 120 acres), as identified on the map entitled ``Ouachita National Forest, Sunshine, Arkansas, Isolated Forestland'' and dated July 26, 2000; (H) tract 8, ``Isolated Forestland'' (approximately 40 acres), as identified on the map entitled ``Ouachita National Forest, Sunshine, Arkansas, Isolated Forestland'' and dated July 26, 2000; (I) tract 9, ``Three Residences'' (approximately 9.89 acres), as identified on the map entitled ``Ouachita National Forest, Heavener, Oklahoma, Three Residences'' and dated July 26, 2000; (J) tract 10, ``Work Center'' (approximately 38.91 acres), as identified on the map entitled ``Ouachita National Forest, Heavener, Oklahoma, Work Center'' and dated July 26, 2000; (K) tract 11, ``Residence #1'' (approximately 0.45 acres), as identified on the map entitled ``Ouachita National Forest, Talihina, Oklahoma, Residence #1'' and dated July 26, 2000; (L) tract 12, ``Residence #2'' (approximately 0.21 acres), as identified on the map entitled ``Ouachita National Forest, Talihina, Oklahoma, Residence #2'' and dated July 26, 2000; (M) tract 13, ``Work Center'' (approximately 5 acres), as identified on the map entitled ``Ouachita National Forest, Big Cedar, Oklahoma, Work Center'' and dated July 26, 2000; (N) tract 14, ``Residence'' (approximately 0.5 acres), as identified on the map entitled ``Ouachita National Forest, Idabel, Oklahoma, Residence'' and dated July 26, 2000; (O) tract 15, ``Residence and Work Center'' (approximately 40 acres), as identified on the map entitled ``Ouachita National Forest, Idabel, Oklahoma, Residence and Work Center'' and dated July 26, 2000; and (P) tract 16, ``Isolated Forestland'' at sec. 30, T. 2 S., R. 25 W. (approximately 2.08 acres), as identified on the map entitled ``Ouachita National Forest, Mt. Ida, Arkansas, Isolated Forestland'' and dated August 27, 2001. (2) In the Ozark-St. Francis National Forest-- (A) tract 1, ``Tract 750, District 1, Two Residences, Administrative Office'' (approximately 8.96 acres), as identified on the map entitled ``Ozark-St. Francis National Forest, Mountain View, Arkansas, Tract 750, District 1, Two Residences, Administrative Office'' and dated July 26, 2000; (B) tract 2, ``Tract 2736, District 5, Mountainburg Work Center'' (approximately 1.61 acres), as identified on the map entitled ``Ozark-St. Francis National Forest, Mountainburg, Arkansas, Tract 2736, District 5, Mountainburg Work Center'' and dated July 26, 2000; (C) tract 3, ``Tract 2686, District 6, House'' (approximately 0.31 acres), as identified on the map entitled ``Ozark-St. Francis National Forest, Paris, Arkansas, Tract 2686, District 6 House'' and dated July 26, 2000; (D) tract 4, ``Tract 2807, District 6, House'' (approximately 0.25 acres), as identified on the map entitled ``Ozark-St. Francis National Forest, Paris, Arkansas, Tract 2807, District 6, House'' and dated July 26, 2000; (E) tract 5, ``Tract 2556, District 3, Dover Work Center'' (approximately 2.0 acres), as identified on the map entitled ``Ozark-St. Francis National Forest, Dover, Arkansas, Tract 2556, District 3, Dover Work Center'' and dated July 26, 2000; (F) tract 6, ``Tract 2735, District 2, House'' (approximately 0.514 acres), as identified on the map entitled ``Ozark-St. Francis National Forest, Jasper, Arkansas, Tract 2735, District 2, House'' and dated July 26, 2000; and (G) tract 7, ``Tract 2574, District 2, House'' (approximately 0.75 acres), as identified on the map entitled ``Ozark-St. Francis National Forest, Jasper, Arkansas, Tract 2574, District 2, House'' and dated July 26, 2000. (b) Applicable Authorities.--Except as otherwise provided in this Act, any sale or exchange of land described in subsection (a) shall be subject to laws (including regulations) applicable to the conveyance and acquisition of land for National Forest System purposes. (c) Cash Equalization.--Notwithstanding any other provision of law, the Secretary may accept cash equalization payments in excess of 25 percent of the total value of the land described in subsection (a) from any exchange under subsection (a). (d) Solicitations of Offers.-- (1) In general.--In carrying out this Act, the Secretary may use solicitations of offers for sale or exchange under this Act on such terms and conditions as the Secretary may prescribe. (2) Rejection of offers.--The Secretary may reject any offer under this Act if the Secretary determines that the offer is not adequate or not in the public interest. SEC. 2. DISPOSITION OF FUNDS. Any funds received by the Secretary through sale or by cash equalization from an exchange-- (1) shall be deposited into the fund established by Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); and (2) shall be available for expenditure, without further Act of appropriation, for the acquisition, construction, or improvement of administrative facilities, land, or interests in land for the national forests in the States of Arkansas and Oklahoma. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Authorizes the Secretary of Agriculture to sell or exchange certain administrative sites and land in the Ouachita National Forest, Arkansas and Oklahoma, and the Ozark-St. Francis National Forest, Arkansas. States that any resultant funds shall be available for acquisition, improvement, or construction of administrative facilities, land, or interests in land for the national forests in Arkansas or Oklahoma.

To authorize the Secretary of Agriculture to sell or exchange all or part of certain administrative sites and other land in the Ozark-St. Francis and Ouachita National Forests and to use funds derived from the sale or exchange to acquire, construct, or improve administrative sites, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Annuity Reform Act of 1997''. SEC. 2. AMENDMENT OF TITLE 5, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 5, United States Code. SEC. 3. CIVIL SERVICE RETIREMENT SYSTEM. (a) Provisions Relating to Maximum Annuity Allowable Pursuant to Cost-of-Living Adjustments.--Section 8340(g)(1) is amended-- (1) in subparagraph (A) by striking ``or'' after the semicolon; (2) in subparagraph (B)-- (A) by striking ``employee or Member'' and inserting ``employee''; (B) by striking ``employee or Member,'' and inserting ``employee,''; (C) by striking ``employee's or Member's'' and inserting ``employee's''; and (D) by striking the period at the end of subparagraph (B)(ii) and inserting ``; or''; and (3) by adding at the end the following: ``(C) the final pay (or average pay, if higher) of the Member with respect to whom the annuity is paid.''. (b) Provisions Relating to Years of Service as a Member of Congress and Congressional Employee for Purposes of Computing an Annuity.-- (1) Members.-- (A) In general.--Section 8339(c) is amended by striking all that follows ``with respect to--'' and inserting the following: ``(1) so much of his service as a Member as is or was performed before the effective date of the Congressional Annuity Reform Act of 1997; ``(2) so much of his military service as-- ``(A) is creditable for the purpose of this paragraph; and ``(B) is or was performed before the date referred to in paragraph (1); and ``(3) so much of his Congressional employee service as is or was performed before the date referred to in paragraph (1); by multiplying 2\1/2\ percent of his average pay by the years of that service.''. (B) Technical amendment.--Section 8332(d) is amended by striking ``section 8339(c)(1)'' and inserting ``section 8339(c)''. (2) Congressional employees.--Section 8339(b) is amended-- (A) by inserting ``so much of'' after ``is computed with respect to''; and (B) by inserting ``as is or was performed before the effective date of the Congressional Annuity Reform Act of 1997,'' before ``by multiplying''. (c) Contribution Rates.-- (1) Deductions.--The first sentence of section 8334(a)(1) is amended to read as follows: ``The employing agency shall deduct and withhold 7 percent of the basic pay of an employee and a Member, 7\1/2\ percent of the basic pay of a law enforcement officer and a firefighter, and 8 percent of the basic pay of a Claims Court judge, a United States magistrate, a judge of the United States Court of Appeals for the Armed Forces, and a bankruptcy judge.''. (2) Deposits.-- (A) For member service.--Section 8334(c) is amended in the matter relating to a Member for Member service by striking ``8.................... After December 31, 1969.'' and inserting the following: ``8.................... January 1, 1970, to (but not including) the effective date of the Congressional Annuity Reform Act of 1997. ``7.................... On and after the effective date of the Congressional Annuity Reform Act of 1997.''. (B) For congressional employee service.--Section 8334(c) is amended in the matter relating to a Member or employee for Congressional employee service by striking ``7\1/2\............... After December 31, 1969.'' and inserting the following: ``7\1/2\............... January 1, 1970, to (but not including) the effective date of the Congressional Annuity Reform Act of 1997. ``7.................... On and after the effective date of the Congressional Annuity Reform Act of 1997.''. SEC. 4. FEDERAL EMPLOYEES' RETIREMENT SYSTEM. (a) Provisions Relating to Years of Service as a Member of Congress and Congressional Employee for Purposes of Computing an Annuity.-- (1) Members.--Section 8415(b) is amended by striking ``shall'' and inserting ``shall, to the extent that such service is or was performed before the effective date of the Congressional Annuity Reform Act of 1997,''. (2) Congressional employees.--Section 8415(c) is amended by striking ``shall'' and inserting ``shall, to the extent that such service is or was performed before the effective date of the Congressional Annuity Reform Act of 1997,''. (3) Provisions relating to the 1.1 percent accrual rate.-- Section 8339(g) is amended-- (A) in paragraph (1) by striking ``an employee under paragraph (2),'' and inserting ``an employee or Member under paragraph (2),''; (B) in paragraph (2) by inserting ``or Member'' after ``in the case of an employee'' and by striking ``Congressional employee,''; and (C) by adding at the end the following: ``(3) Notwithstanding any other provision of this subsection-- ``(A) this subsection shall not apply in the case of a Member or Congressional employee whose separation (on which entitlement to annuity is based) occurs before the effective date of the Congressional Annuity Reform Act of 1997; and ``(B) in the case of a Member or Congressional employee to whom this subsection applies, the 1.1 percent accrual rate shall apply only with respect to any period of service other than a period with respect to which the 1.7 percent accrual rate applies under subsection (b) or (c).''. (b) Contribution Rates.-- (1) Deductions From Pay.--Section 8422(a)(2) is amended-- (A) in subparagraph (A) by striking ``air traffic controller, or Congressional employee)'' and inserting ``or air traffic controller) or Member,''; and (B) in subparagraph (B) by striking ``a Member, law enforcement officer, firefighter, air traffic controller, or Congressional employee,'' and inserting ``a law enforcement officer, firefighter, or air traffic controller,''. (2) Government Contributions.--Section 8423(a)(1) is amended-- (A) in subparagraph (A)(i) by striking ``subparagraph (B)),'' and inserting ``subparagraph (B)) and Members,''; (B) in subparagraph (B)(i) by striking ``Members, Congressional employees,''; and (C) in subparagraph (B)(ii) by striking ``and Members''. SEC. 5. EFFECTIVE DATE. (a) In General.--This Act shall take effect on the day after the next election of Representatives (within the meaning of the 27th article of amendment to the Constitution of the United States) occurring after the date of the enactment of this Act. (b) Annuity Maximum.--The amendments made by section 3(a) shall apply with respect to annuities commencing on or after the date on which this Act takes effect.

Congressional Annuity Reform Act of 1997 - Amends provisions concerning the Civil Service Retirement System (CSRS) to: (1) limit the maximum CSRS annuity payable to Members of Congress with respect to cost of living adjustments (COLAs) to the final pay (or average pay, if higher) of the Member with respect to whom the annuity is paid; and (2) make other changes in the formula for computation of CSRS and Federal Employees' Retirement System (FERS) annuities payable to Members and congressional employees. Provides for the deduction and withholding of seven percent (currently, eight and seven and a half percent, respectively) of the basic pay of a member or congressional employee under CSRS (thus making such deduction and withholding equivalent to that of a Federal employee).

Congressional Annuity Reform Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``James Madison Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In commemoration of the 250th anniversary of the birth of James Madison, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 800,000 1 dollar coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2001''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the executive director of Montpelier, the National Trust for Historic Preservation, and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2001. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2001. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Trust for Historic Preservation in the United States (hereafter in this Act referred to as the ``National Trust'') to be used-- (1) to establish an endowment to be a permanent source of support for Montpelier, the life-long home of James Madison and a museum property of the National Trust; and (2) to fund capital restoration projects at Montpelier. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National Trust and Montpelier as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier.

James Madison Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Connections Campaign Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) More than 500 men and women call the National Domestic Violence Hotline every day to get immediate, informed, and confidential assistance to help deal with family violence. (2) The National Domestic Violence Hotline service is available, toll-free, 24 hours a day and 7 days a week, with bilingual staff, access to translators in 150 languages, and a TTY line for the hearing-impaired. (3) With access to over 5,000 shelters and service providers in the United States, Puerto Rico, and the United States Virgin Islands, the National Domestic Violence Hotline provides crisis intervention and immediately connects callers with sources of help in their local community. (4) The National Domestic Violence Hotline, which was created by the Violence Against Women Act and is located in Austin, Texas, answered its first call on February 21, 1996, and answered its one millionth call on August 4, 2003. (5) Approximately 60 percent of the callers indicate that calling the Hotline is their first attempt to address a domestic violence situation and that they have not called the police or any other support services. (6) Between 2000 and 2003, there was a 27 percent increase in call volume. (7) Due to high call volume and limited resources, approximately 26,000 calls to the Hotline went unanswered in 2002 due to long hold times or busy signals. (8) Widespread demand for the Hotline service continues. The Department of Justice reported that over 18,000 acts of violence were committed by intimate partners in the United States each day during 2001. An average of 3 women are murdered every day in the Nation by their husbands or boyfriends. (9) Working with outdated telephone and computer equipment creates many challenges for the National Domestic Violence Hotline. (10) Improving technology infrastructure at the National Domestic Violence Hotline and training advocates, volunteers, and other staff on upgraded technology will drastically increase the Hotline's ability to answer more calls quickly and effectively. (11) Partnerships between the public sector and the private sector are an effective way of providing necessary technology improvements to the National Domestic Violence Hotline. (12) The Connections Campaign is a project that unites nonprofit organizations, major corporations, and Federal agencies to launch a major new initiative to help ensure that the National Domestic Violence Hotline can answer every call with upgraded, proficient, and sophisticated technology tools. SEC. 3. TECHNOLOGY GRANT TO NATIONAL DOMESTIC VIOLENCE HOTLINE. (a) In General.--The Attorney General, in consultation with the Secretary of Health and Human Services, shall award a grant to the National Domestic Violence Hotline. (b) Use of Funds.--The grant awarded under subsection (a) shall be used to provide technology and telecommunication training and assistance for advocates, volunteers, staff, and others affiliated with the Hotline so that such persons are able to effectively use improved equipment made available through the Connections Campaign. SEC. 4. RESEARCH GRANT TO STUDY NATIONAL DOMESTIC VIOLENCE HOTLINE. (a) Grant Authorized.--Not later than 6 months after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Health and Human Services and the National Domestic Violence Hotline, shall award a grant to a university or other research institution with demonstrated experience and expertise with domestic violence issues to conduct a study of the National Domestic Violence Hotline for the purpose of conducting the research described under subsection (c), and for the input, interpretation, and dissemination of research data. (b) Application.--Each university or research institution desiring to receive a grant under this section shall submit an application to the Attorney General, at such time, in such manner, and accompanied by such additional information as the Attorney General, in consultation with the Secretary of Health and Human Services and the National Domestic Violence Hotline, may reasonably require. (c) Issues to Be Studied.--The study described in subsection (a) shall-- (1) compile statistical and substantive information about calls received by the Hotline since its inception, or a representative sample of such calls, while maintaining the confidentiality of Hotline callers; (2) interpret the data compiled under paragraph (1)-- (A) to determine the trends, gaps in services, and geographical areas of need; and (B) to assess the trends and gaps in services to underserved communities and the military community; and (3) gather other important information about domestic violence. (d) Report.--Not later than 3 years after the date of enactment of this Act, the grantee conducting the study under this section shall submit a report on the results of such study to Congress and the Attorney General. SEC. 5. GRANT TO RAISE PUBLIC AWARENESS OF DOMESTIC VIOLENCE ISSUES. (a) Grant Authorized.--Not later than 6 months after the submission of the report required under section 4(d), the Attorney General, in consultation with the Secretary of Health and Human Services and the National Domestic Violence Hotline, shall award a grant to an experienced organization to conduct a public awareness campaign to increase the public's understanding of domestic violence issues and awareness of the National Domestic Violence Hotline. (b) Application.--Each organization desiring to receive a grant under this section shall submit an application to the Attorney General, at such time, in such manner, and accompanied by such additional information as the Attorney General, in consultation with the Secretary of Health and Human Services and the National Domestic Violence Hotline, may reasonably require. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated, for each of the fiscal years 2005 and 2006-- (1) $500,000 to carry out section 3; (2) $250,000 to carry out section 4; and (3) $800,000 to carry out section 5. (b) Availability.--Any amounts appropriated pursuant to the authority of subsection (a) shall remain available until expended. (c) Nonexclusivity.--Nothing in this section shall be construed to limit or restrict the National Domestic Violence Hotline to apply for and obtain Federal funding from any other agency or department or any other Federal grant program. (d) No Condition on Appropriations.--Amounts appropriated pursuant to subsection (a) shall not be considered amounts appropriated for purposes of the conditions imposed under section 316(g)(2) of the Family Violence Prevention and Services Act (42 U.S.C. 10416(g)(2)).

Domestic Violence Connections Campaign Act of 2004 - Directs the Attorney General to award: (1) a grant to the National Domestic Violence Hotline for technology and telecommunication training and assistance for those affiliated with the Hotline in using improved equipment made available through the Connections Campaign; (2) a grant to a university or other research institution to study the Hotline; and (3) a grant to an experienced organization to conduct a campaign to raise public awareness of domestic violence issues and the Hotline.

To establish grants to improve and study the National Domestic Violence Hotline.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Food Assistance Relief Act of 2005''. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Agriculture. SEC. 3. FOOD STAMP PROGRAM DISASTER AUTHORITY. (a) In General.--Section 5(h) of the Food Stamp Act of 1977 (7 U.S.C. 2014(h)) is amended by adding at the end the following: ``(4) Response to hurricane katrina.-- ``(A) Definitions.--In this paragraph: ``(i) Affected area.-- ``(I) In general.--The term `affected area' means an area of a State that the Secretary determines was affected by Hurricane Katrina or a related condition. ``(II) Inclusion.--The term `affected area' includes any area that, as a result of Hurricane Katrina or a related condition, was covered by-- ``(aa) a natural disaster declaration under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); or ``(bb) a major disaster or emergency designation under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). ``(ii) Affected household.-- ``(I) In general.--The term `affected household' means a household-- ``(aa) in an affected area; ``(bb) in which a member worked immediately prior to August 29, 2005, in an affected area; ``(cc) that was displaced as a result of Hurricane Katrina or a related condition to other areas of the same or another State; or ``(dd) that the Secretary determines should receive relief under this paragraph as a result of Hurricane Katrina or a related condition. ``(II) Inclusion.--The term `affected household' includes a household containing 1 or more individuals that were displaced as a result of Hurricane Katrina or a related condition, as determined by the Secretary. ``(iii) Disaster recovery period.-- ``(I) In general.--The term `disaster recovery period' means the period of 180 days beginning on the date of enactment of this paragraph. ``(II) Extension.--The disaster recovery period shall be extended for another 180 days unless the President determines that the extension is not necessary to fully meet the needs of affected households. ``(B) Disaster recovery period.--During the disaster recovery period-- ``(i) clauses (iv) and (v) of subsection (g)(2)(B), subsections (d) and (o) of section 6, and section 8(c)(1) shall not apply to affected households; ``(ii) the application of an affected household shall be processed under the procedures established under section 11(e)(9); ``(iii) the State agency shall increase the value to the affected household of the thrifty food plan determined under section 3(o) by 10 percent when calculating the value of the allotment for an affected household under section 8(a); ``(iv) the Secretary shall pay each State agency an amount equal to 100 percent of administrative costs allowable under section 16(a) related to serving affected households in lieu of the payments section 16(a) would otherwise require for those costs; ``(v) an affected household shall be considered to meet the requirements of subsection (c)(2) if the income of the affected household, as calculated under subsection (c)(2), does not exceed the level permitted under subsection (c)(1) by more than 50 percent; ``(vi) any resource to which the household lost access because of Hurricane Katrina or a related condition shall not be considered a financial resource under subsection (g) at any time during which this subsection applies; ``(vii) any funds designated for rebuilding or relocation (including payments from Federal, State, or local governments, charitable organizations, employers, or insurance companies) shall be excluded from consideration under subsection (g) in determining the eligibility of an affected household; ``(viii) an affected household may not be considered to customarily purchase food and prepare meals together with other individuals if the affected household did not customarily purchase food and prepare meals for home consumption with those individuals immediately prior to August 29, 2005; and ``(ix) for purposes of determining the eligibility of an affected household, any immigrant lawfully present in the United States shall be treated in the same manner as a refugee eligible under section 402(a)(2)(A)(i) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(A)(i)). ``(C) Duplicate participation.-- ``(i) In general.--The Secretary shall take such actions as are prudent and reasonable under the circumstances to identify affected households that are participating in more than 1 State and to terminate the duplicate participation of those households. ``(ii) No action taken.--Except in the case of deliberate falsehoods, no action may be taken against any affected household relating to any duplicate participation during the disaster recovery period that takes place prior to termination under clause (i). ``(D) Claims relating to benefits.--Except in the case of intentional program violations as determined under section 6(b), no claim may be established under section 13(b) relating to benefits issued under this subsection. ``(E) Payment error rate.--For purposes of determining the payment error rate of a State agency under section 16(c), the Secretary shall disregard any errors resulting from the application of this paragraph to an affected household during the disaster recovery period. ``(F) Effect of more generous disaster plans.--This paragraph shall not supersede any provision of a plan approved under paragraph (1) that-- ``(i) provides more complete or expeditious relief to affected households; or ``(ii) provides assistance to more individuals.''. (b) Program Information Activities.-- (1) In general.--From funds otherwise appropriated for the food stamp program established under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary may use not more than $5,000,000 for the period of fiscal year 2005 through 2006 to enter into contracts with nonprofit organizations to support household and community efforts to address the food assistance and related needs resulting from Hurricane Katrina or a related condition. (2) Expediting provisions.--Notwithstanding any other provision of law, the Secretary shall not be required-- (A) to provide public notice of the availability of funds described in paragraph (1); or (B) to accept competitive bids for contracts under this subsection. SEC. 4. EMERGENCY FOOD ASSISTANCE PROGRAM AND SECTION 32 ASSISTANCE. (a) Definition of Eligible Recipient.--In this section, the term ``eligible recipient'' means an individual or household that, as determined by the Secretary in consultation with the Secretary of Homeland Security-- (1) is a victim of Hurricane Katrina or a related condition; (2) has been displaced by Hurricane Katrina or a related condition; or (3) is temporarily housing 1 or more individuals displaced by Hurricane Katrina or a related condition. (b) Assistance.-- (1) In general.--Notwithstanding any other provision of law, in addition to funds otherwise made available for fiscal year 2005 or 2006 to carry out the emergency food assistance program established under the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.), out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture $200,000,000 to remain available until expended to provide a variety of food to eligible recipient agencies for providing food assistance to eligible recipients, including-- (A) special supplemental foods for pregnant women and infants or for other individuals with special needs; (B) infant formula; (C) bottled water; and (D) fruit juices. (2) Use of funds.--Funds made available under paragraph (1) may be used to provide commodities in accordance with-- (A) section 27 of the Food Stamp Act of 1977 (7 U.S.C. 2036); (B) section 203A of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7504); and (C) section 204 of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7508). (3) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. (c) Section 32 Funding.--In addition to funds otherwise made available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), the Secretary shall use not less than $200,000,000 of funds made available under that section to provide food assistance to eligible recipients, including food described in subparagraphs (A) through (D) of subsection (b)(1). SEC. 5. CHILD NUTRITION PROGRAMS. (a) Definition of Disaster Recovery Period.-- (1) In general.--In this section, the term ``disaster recovery period'' means the period of 180 days beginning on the date of enactment of this Act. (2) Extension.--The disaster recovery period shall be extended for another 180 days unless the President determines that the extension is not necessary to fully meet the needs of affected households. (b) Child Nutrition Programs Disaster Authority.--After consultation with the official empowered to exercise the authority provided for by sections 402 and 502 of the Robert. T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5192), the Secretary may modify the conditions for assistance for programs authorized under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) during the disaster recovery period for households that are victims of a disaster or in areas affected by the disaster if the households are in need of temporary food assistance. SEC. 6. WIC FUNDING. (a) In General.--Out of any funds in the Treasury not otherwise appropriated, in addition to other funds otherwise made available to the Secretary for fiscal year 2005 or 2006 to carry out the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out that program $200,000,000, to remain available until September 30, 2007. (b) Receipt and Acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under subsection (a), without further appropriation. (c) Emergency Designation.--The amounts made available by the transfer of funds in or pursuant to subsection (a) are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress). (d) Allocation of Funds.--Notwithstanding section 17(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(i)), the Secretary may allocate funds made available under subsection (a) as the Secretary determines to be necessary to provide assistance to women, infants, and children who, as determined by the Secretary in consultation with the Secretary of Homeland Security-- (1) are victims of Hurricane Katrina or a related condition; or (2) have been displaced by Hurricane Katrina or a related condition. SEC. 7. COMMODITY SUPPLEMENTAL FOOD PROGRAM FUNDING. (a) In General.--Out of any funds in the Treasury not otherwise appropriated, in addition to other funds otherwise made available to the Secretary for fiscal year 2005 or 2006 to carry out the commodity supplemental food program established under section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-86), the Secretary of the Treasury shall transfer to the Secretary of Agriculture $20,000,000 to carry out that program. (b) Receipt and Acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under subsection (a), without further appropriation. (c) Emergency Designation.--The amounts made available by the transfer of funds in or pursuant to subsection (a) are designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress). (d) Allocation of Funds.--The Secretary shall use funds made available under subsection (a) as the Secretary determines to be necessary to provide assistance to individuals who, as determined by the Secretary in consultation with the Secretary of Homeland Security-- (1) are victims of Hurricane Katrina or a related condition; or (2) have been displaced by Hurricane Katrina or a related condition. SEC. 8. REPORT. Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Homeland Security, shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that-- (1) describes whether additional funding or authority is needed to continue to address the food needs of eligible recipients; and (2) includes any determination by the President under section 5(h)(4)(A)(iii)(II) of the Food Stamp Act of 1977 (as added by section 3(a)) that an extension of the disaster recovery period is not necessary to fully meet the needs of affected households. SEC. 9. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

Hurricane Katrina Food Assistance Relief Act of 2005 - Amends the Food Stamp Act of 1977 to provide expedited and increased food stamp benefits for households in areas affected by Hurricane Katrina (including areas that were disaster-designated as a result of Hurricane Katrina) or a related condition. Includes as an eligible household a household: (1) in an affected area; (2) in which a member worked in an affected area immediately prior to August 29, 2005; (3) that was displaced as a result of Hurricane Katrina or a related condition to other areas of the same or another state; (4) that the Secretary of Agriculture (the Secretary) determines should receive relief; or (5) containing one or more individuals displaced by Hurricane Katrina or a related condition. Treats lawful aliens in the same manner as refugees for food stamp household eligibility purposes. Authorizes the Secretary, under expedited procedures, to use specified food stamp program funds in FY2005-FY2006 for contracts with nonprofit organizations to support household and community efforts to address food assistance and related needs resulting from Hurricane Katrina or a related condition. Directs: (1) the Secretary of the Treasury to transfer to the Secretary specified amounts (which shall be available without further appropriation) for food assistance to eligible recipients, including special supplemental foods for pregnant women and infants (WIC) or for other individuals with special needs, infant formula, bottled water, and fruit juices; (2) the Secretary to use additional commodity distribution funds for food assistance to such recipients. Includes as an eligible recipient a person who: (1) is a victim of Hurricane Katrina or a related condition; (2) has been displaced by Hurricane Katrina or a related condition; or (3) is temporarily housing one or more individuals displaced by Hurricane Katrina or a related condition. Authorizes the Secretary to modify assistance conditions for programs under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 during the disaster recovery period for households that are victims of a disaster or in areas affected by the disaster if the households are in need of temporary food assistance. Directs the Secretary of the Treasury to transfer to the Secretary additional WIC and commodity supplemental food program funds (which shall be available without further appropriation) for persons victimized or displaced by Hurricane Katrina or a related condition.

A bill to provide the Secretary of Agriculture with additional authority and funding to provide emergency relief, in coordination with the Secretary of Homeland Security, to victims of Hurricane Katrina and related conditions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interest on Business Checking Act of 2003''. SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL BUSINESSES. (a) In General.--Section 2(a) of Public Law 93-100 (12 U.S.C. 1832(a)) is amended by inserting after paragraph (2) the following: ``(3) Notwithstanding any other provision of law, any depository institution may permit the owner of any deposit or account which is a deposit or account on which interest or dividends are paid and is not a deposit or account described in paragraph (2) to make not more than 24 transfers per month (or such greater number as the Board of Governors of the Federal Reserve System may determine by rule or order), for any purpose, to another account of the owner in the same institution. An account offered pursuant to this paragraph shall be considered a transaction account for purposes of section 19 of the Federal Reserve Act, unless the Board of Governors of the Federal Reserve System determines otherwise.''. (b) Conforming Amendments.-- (1) In general.--Section 2(a) of Public Law 93-100 (12 U.S.C. 1832(a)), as amended by subsection (a), is further amended-- (A) in paragraph (1), by striking ``but subject to paragraph (2)''; (B) by amending paragraph (2) to read as follows: ``(2) No provision of this section may be construed as conferring the authority to offer demand deposit accounts to any institution that is prohibited by law from offering demand deposit accounts.''; and (C) in paragraph (3), by striking ``and is not a deposit or account described in paragraph (2)''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on the date which is 2 years after the date of enactment of this Act. SEC. 3. AUTHORIZATION OF INTEREST-BEARING TRANSACTION ACCOUNTS. (a) Repeal of Prohibition on Payment of Interest on Demand Deposits.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is repealed. (2) Home owners' loan act.--Section 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. 1464(b)(1)(B)) is amended by striking ``savings association may not--'' and all that follows through ``(ii) permit any'' and inserting ``savings association may not permit any''. (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is repealed. (b) Joint Rulemaking Required.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Treasury and the Federal banking agencies shall issue joint final regulations authorizing the payment of interest and dividends on transaction accounts at depository institutions that are subject to regulation by those entities. (2) Contents.--Regulations required by this subsection shall-- (A) establish the scope of the authorization described in paragraph (1) and the types of transaction accounts to which that authorization shall apply; and (B) include any appropriate limitations, exceptions, or restrictions on that authorization, consistent with the purposes of this section. (3) Effective date of regulations.--The regulations required by this subsection shall take effect not later than 2 years after the date of enactment of this Act. (4) Definitions.--As used in this subsection-- (A) the terms ``depository institution'' and ``transaction account'' have the meanings given such terms in subparagraphs (A) and (C), respectively, of section 19(b)(1) of the Federal Reserve Act (12 U.S.C. 461(b)(1)); and (B) the term ``Federal banking agency'' has the meaning the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (c) Effective Date of Repeal.--The amendments made by subsection (a) shall become effective on the earlier of-- (1) 2 years after the date of enactment of this Act; or (2) the date on which final regulations required to be issued under subsection (b) become effective. SEC. 4. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS. (a) In General.--Section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) is amended by adding at the end the following: ``(12) Earnings on reserves.-- ``(A) In general.--Balances maintained at a Federal reserve bank by or on behalf of a depository institution may receive earnings to be paid by the Federal reserve bank at least once each calendar quarter at a rate or rates not to exceed the general level of short-term interest rates. ``(B) Regulations relating to payments and distribution.--The Board may promulgate regulations concerning-- ``(i) the payment of earnings in accordance with this paragraph; ``(ii) the distribution of such earnings to the depository institutions which maintain balances at such banks or on whose behalf such balances are maintained; and ``(iii) the responsibilities of depository institutions, Federal home loan banks, and the National Credit Union Administration Central Liquidity Facility with respect to the crediting and distribution of earnings attributable to balances maintained, in accordance with subsection (c)(1)(A), in a Federal reserve bank by any such entity on behalf of depository institutions. ``(C) Depository institution defined.--For purposes of this paragraph, the term `depository institution', in addition to any institution described in paragraph (1)(A), includes any trust company, corporation organized under section 25A or having an agreement with the Board under section 25, or any branch or agency of a foreign bank (as defined in section 1(b) of the International Banking Act of 1978).''. (b) Authorization for Pass Through Reserves for Member Banks.-- Section 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B)) is amended by striking ``which is not a member bank''. (c) Technical and Conforming Amendments.--Section 19 of the Federal Reserve Act (12 U.S.C. 461) is amended-- (1) in subsection (b)(4), (A) by striking subparagraph (C); and (B) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (2) in subsection (c)(1)(A), by striking ``subsection (b)(4)(C)'' and inserting ``subsection (b)''. SEC. 5. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE REQUIREMENTS. Section 19(b)(2)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(2)(A)) is amended-- (1) in clause (i), by striking ``the ratio of 3 per centum'' and inserting ``a ratio not greater than 3 percent (and which may be zero)''; and (2) in clause (ii), by striking ``and not less than 8 per centum,'' and inserting ``(and which may be zero),''. SEC. 6. TREATMENT OF CERTAIN ESCROW ACCOUNTS. (a) In General.--In the case of an escrow account maintained at a depository institution for the purpose of completing the settlement of a real estate transaction, activities described in subsection (b) shall not be treated as the payment or receipt of interest for purposes of this Act or any other provision of law relating to the payment of interest on accounts or deposits maintained at depository institutions, including such provisions in-- (1) Public Law 93-100; (2) the Federal Reserve Act; (3) the Home Owners' Loan Act; or (4) the Federal Deposit Insurance Act. (b) Exclusions.--For purposes of subsection (a), activities described in this paragraph are-- (1) the absorption, by the depository institution, of expenses incidental to providing a normal banking service with respect to an escrow account described in subsection (a); (2) the forbearance, by the depository institution, from charging a fee for providing any such banking function; and (3) any benefit which may accrue to the holder or the beneficiary of such escrow account as a result of an action of the depository institution described in paragraph (1) or (2) or a similar action.

Interest on Business Checking Act of 2003 - Amends Federal law to authorize interest-bearing transaction accounts for all businesses, permitting up to 24 transfers per month to another account of the owner in the same institution (or any greater number the Federal Reserve Board may determine). Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the proscription on the payment of interest on demand deposits. Requires a joint rulemaking by the Secretary of the Treasury and the Federal banking agencies authorizing the payment of interest and dividends on transaction accounts at depository institutions under their respective jurisdictions. Amends the Federal Reserve Act to authorize the payment of interest at least quarterly by a Federal reserve bank on reserves maintained there on behalf of a depository institution. Revises the ratio of reserves a depository institution must maintain against its transaction accounts, permitting a ratio of zero. States that where escrow accounts are maintained at a depository institution for completion of a real estate settlement transaction specified expense-taking or fee-waiving activities shall not be treated as the payment or receipt of interest for purposes relating to the payment of interest on accounts or deposits maintained at depository institutions.

A bill to allow all businesses to make up to 24 transfers each month from interest-bearing transaction accounts to other transaction accounts, to require the payment of interest on reserves held for depository institutions at Federal reserve banks, to repeal the prohibition of interest on business accounts, and for other purposes.

SECTION 1. SHORT TITLES. This Act may be cited as the ``Ships to be Recycled in the States Act'' or the ``STORIS Act''. SEC. 2. ANNUAL REPORT ON DISPOSITION OF VESSELS NOT WORTH PRESERVING. Section 57102 of title 46, United States Code, is amended by adding at the end the following: ``(c) Annual Report.-- ``(1) Requirement.--Not later than 1 year after the date of the enactment of the Ships to be Recycled in the States Act and annually thereafter, the Secretary of Transportation, in coordination with the Secretary of the Navy, shall report to the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Armed Services, the Committee on Natural Resources, and the Committee on Transportation and Infrastructure of the House of Representatives on the vessel disposal program carried out under this section and on any other disposal of obsolete vessels owned by the Government carried out under any other authority. ``(2) Content.--Each annual report required by paragraph (1) shall include the total amount of-- ``(A) appropriated funds expended to carry out the vessel disposal program under this section and any other disposal of obsolete vessels owned by the Government carried out under any other authority during the previous year; and ``(B) the sales accrued and disbursed for such program and disposal.''. SEC. 3. AUDIT OF VESSEL DISPOSAL PROGRAM. (a) Requirement.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct and submit to the appropriate committees of Congress a full audit of all excess Federal Government vessel sales contracts, including resulting receivables and expenditures, entered into by the Maritime Administration in the period beginning January 1, 1994, and ending on the date of the enactment of this Act. (b) Content.--The audit required by subsection (a) shall review-- (1) receivables, by contract from award to contract close- out; where receivables were held or invested; expenditures and distributions, including recipients of grants under the National Maritime Heritage Grants Program since the date of the enactment of the National Maritime Heritage Act of 1994 (Public Law 103-451); internal safeguards from waste, fraud, and abuse; and the status of any remaining unexpended funds; (2) agency management of the sales program, including review of safeguards from fraud, waste, and abuse from initial offerings, to submission of bids, and through award to contract close-out and any resulting protest or litigation; (3) contracts for the sale of excess Federal Government vessels that were awarded to bidders that were not the highest bidders and the financial impact of those awards on recipients of grants under the National Maritime Heritage Grants Program, including the State maritime academies, and the United States Merchant Marine Academy, and on the National Maritime Heritage Grant Program; and (4) agreements the Maritime Administration has entered into with the Coast Guard, the Department of Defense, the General Services Administration, the Environmental Protection Agency, and other Government agencies to dispose of excess Government vessels, including whether those agreements and agency policies are consistent with the Duncan Hunter National Defense Authorization Act for 2009 (Public Law 110-417) and other relevant State and Federal laws. (c) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means the following: (A) The Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate. (B) The Committee on Armed Services, the Committee on Natural Resources, and the Committee on Transportation and Infrastructure of the House of Representatives. (2) National maritime heritage grants program.--The term ``National Maritime Heritage Grants Program'' means the National Maritime Heritage Grants Program established pursuant to the National Maritime Heritage Act of 1994 (Public Law 103- 451; superseded by chapter 3087 of title 54, United States Code). (3) State maritime academy.--The term ``State maritime academy'' has the meaning given that term in section 51102 of title 46, United States Code. (4) Vessel operations revolving fund.--The term ``Vessel Operations Revolving Fund'' means the Vessel Operations Revolving Fund established under section 50301 of title 46, United States Code. SEC. 4. OBSOLETE VESSELS. (a) Prohibition on Transfers to Noncitizens.--Section 57104 of title 46, United States Code, is amended by striking subsection (d). (b) Selection of Scrapping Facilities.--Section 3502 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 54 U.S.C. 308704 note) is amended-- (1) by striking subsections (b), (e), and (f); (2) in subsection (c)(2)(A), by striking ``paragraph)'' and all that follows through the end and inserting ``paragraph);''; and (3) in subsection (d)(2), by striking ``shall--'' and all that follows through the end and inserting ``shall use full and open competition.''. (c) Availability of Funds From Sale and Scrapping of Obsolete Vessels.--Subsection (a)(1)(C) of section 308704 of title 54, United States Code, is amended to read as follows: ``(C) The remainder shall be available to the Secretary to carry out the Program, as provided in subsection (b).''. (d) Best Value Criteria.--Subsection (c)(1) of section 308704 of title 54, United States Code, is amended in the matter preceding subparagraph (A), by striking ``services)'' and inserting ``services from a pool of pre-qualified domestic ship recycling companies)''. SEC. 5. DISMANTLEMENT OF VESSELS. Section 6(e) of the Toxic Substances Control Act (15 U.S.C. 2605(e)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following: ``(5) Nothing in this subsection shall be construed to prohibit the dismantling of a vessel or marine structure for the purpose of recycling materials recovered from the vessel or marine structure. If a person so dismantling a vessel or marine structure finds polychlorinated biphenyls, or suspects polychlorinated biphenyls will be found, during the dismantling, then the person-- ``(A) shall notify the Administrator; and ``(B) shall sample, remove, and dispose of any polychlorinated biphenyls in accordance with the relevant provisions of this Act, other Federal law, and any guidance of the Administrator applicable to sampling vessels or marine structures for polychlorinated biphenyls.''. SEC. 6. REEFS FOR MARINE LIFE CONSERVATION PROGRAM. (a) Prohibition on Transfer of Obsolete Vessels to Foreign Countries.--Section 3(d) of the Act entitled ``An Act to authorize appropriations for the fiscal year 1973 for certain maritime programs of the Department of Commerce, and for related purposes'', approved August 22, 1972 (Public Law 92-402; 16 U.S.C. 1220(d)), is amended by striking ``States, and any foreign country,'' and inserting ``States''. (b) Conforming Amendment.--Section 7 of the Act entitled ``An Act to authorize appropriations for the fiscal year 1973 for certain maritime programs of the Department of Commerce, and for related purposes'', approved August 22, 1972 (Public Law 92-402; 16 U.S.C. 1220c-1), is amended by striking subsection (d). SEC. 7. PUBLICATION OF MARITIME ADMINISTRATION AGREEMENTS. (a) In General.--Chapter 501 of title 46, United States Code, is amended by adding the following: ``Sec. 50114. Publication of Maritime Administration vessel recycling agreements ``(a) Requirement for Publication.--The Administrator of the Maritime Administration shall make available to the public on the website of the Maritime Administration the full text of each memorandum of agreement, memorandum of understanding, cooperative agreement, and similar agreement between the Maritime Administration and any other agency, department, or person. ``(b) Timing of Publication.--Not later than 30 days after the date a document referred to in subsection (a) is signed by the parties, the Administrator of the Maritime Administration shall make such document available on the website of the Maritime Administration. ``(c) Initial Publication.--Not later than 30 days after the date of the enactment of the Ships to be Recycled in the States Act, the Administrator of the Maritime Administration shall make available on the website of the Maritime Administration each document referred to in subsection (a) that was in effect on the date of the enactment of such Act.''. (b) Table of Sections Amendment.--The table of sections for chapter 501 of title 46, United States Code, is amended by adding at the end the following: ``50114. Publication of Maritime Administration agreements.''.

Ships to be Recycled in the States Act or the STORIS Act This bill requires the Department of Transportation (DOT), in coordination with the Department of the Navy, to report to Congress on the program for disposal of government-owned merchant vessels as well as on any other disposal of obsolete government-owned vessels. The Government Accountability Office shall audit all excess federal government vessel sales contracts, including resulting receivables and expenditures, entered into by the Maritime Administration during a specified period. The bill repeals authority to scrap any vessel sold from the National Defense Reserve Fleet in an approved foreign market without obtaining additional separate DOT approval to transfer the vessel to a person not a U.S. citizen. The Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 is amended to revise requirements for the selection of qualified scrapping facilities. The Toxic Substances Control Act is amended to declare that nothing in the mandate for the Environmental Protection Agency (EPA) to regulate polychlorinated biphenyls (PCBs) shall be construed to prohibit the dismantling of a vessel or marine structure in order to recycle recovered materials. If PCBs are found or suspected, the person dismantling the vessel or marine structure must comply with specified requirements for informing the EPA and disposing of the PCBs. The bill repeals authorization for any foreign country to apply for an obsolete vessel to be used for an artificial reef. The Maritime Administration shall make public on its website the full text of each memorandum of agreement and similar agreement between the Maritime Administration and any other agency, department, or person.

STORIS Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Imperial Valley Desert Conservation and Recreation Act of 2015''. SEC. 2. LAND CONVEYANCE, ANZA-BORREGO DESERT STATE PARK, CALIFORNIA. (a) Conveyance Required.--The Secretary, without consideration, to the State, all right, title, and interest of the United States in and to a parcel of public lands administered by the Bureau of Land Management in San Diego County, California, comprising approximately 934 acres and generally depicted as ``Table Mountain Wilderness Study Area Proposed Transfer'' on the map prepared at the request of Representative Juan Vargas entitled ``Table Mountain Wilderness Study Area Proposed Transfer to the State'' and dated October 8, 2015, for the purpose of allowing the State to include that land as part of Anza- Borrego Desert State Park. (b) Time for Conveyance.--The Secretary shall complete the conveyance of the parcel under subsection (a) as soon as practicable after the termination of all mining claims related to the parcel. (c) Management.--The parcel conveyed under subsection (a) shall be managed by the State in accordance with the provisions of the California Wilderness Act (California Public Resources Code sections 5093.30-5093.40). (d) Withdrawal.--Subject to valid existing rights, the parcel to be conveyed under subsection (a) is withdrawn 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. (e) Reversion.--If the State ceases to manage the parcel conveyed under subsection (a) as part of the State Park System or in a manner inconsistent with the California Wilderness Act (California Public Resources Code sections 5093.30-5093.40), the land shall revert to the Secretary, at the discretion of the Secretary, to be managed as a Wilderness Study Area. SEC. 3. LAND CONVEYANCE, HOLTVILLE AIRPORT, IMPERIAL COUNTY, CALIFORNIA. (a) Conveyance Authority.--On the submission of an application by Imperial County, California, the Secretary of Transportation shall seek, in accordance with section 47125 of title 49, United States Code, and section 2641.1 of title 43, Code of Federal Regulations (or successor regulation), a conveyance from the Secretary of a parcel of Federal land administered by the Bureau of Land Management comprising approximately 3,500 acres adjacent to the Imperial County Holtville Airport (L04) for the purposes allowing the County to expand the airport. (b) Segregation.--With respect to the parcel described in subsection (a), the Secretary, acting through the Director of the Bureau of Land Management, shall-- (1) segregate the parcel; and (2) prohibit the appropriation of the parcel until the earlier of the following: (A) The date on which a notice of realty action terminates the application referred to in subsection (a). (B) The date on which a document of conveyance with regard to the parcel is published. SEC. 4. VINAGRE WASH SPECIAL MANAGEMENT AREA. (a) Definitions.--In this section: (1) Management area.--The term ``Management Area'' means the Vinagre Wash Special Management Area. (2) Map.--The term ``map'' means the map prepared at the request of Representative Juan Vargas entitled ``Vinagre Wash Proposed Special Management Area; Indian Pass Mountains and Palo Verde Mountains Potential Wilderness Additions, and Buzzards Peak, Milpitas Wash Potential Wilderness'' and dated October 8, 2015. (3) Public lands.--The term ``public lands'' has the meaning given that term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (b) Vinagre Wash Special Management Area.-- (1) Establishment.--There is established in the State the Vinagre Wash Special Management Area, to be managed by the El Centro Field Office and the Yuma Field Office of the Bureau of Land Management. (2) Purpose.--The purpose of the Management Area is to conserve, protect, and enhance-- (A) the plants and wildlife of the Management Area; and (B) the outstanding and nationally significant ecological, geological, scenic, archaeological, cultural, historic, recreational, and other resources of the Management Area. (3) Boundaries.--The Management Area shall consist of the public lands in Imperial County, California, comprising approximately 81,880 acres, as generally depicted as ``Proposed Special Management Area'' on the map. (4) Map; legal description.-- (A) In general.--As soon as practicable, but not later than three years after the date of enactment of this Act, the Secretary shall submit a map and legal description of the Management Area to-- (i) the Committee on Natural Resources of the House of Representatives; and (ii) the Committee on Energy and Natural Resources of the Senate. (B) Effect.--The map and legal description submitted under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct any errors in the map and legal description. (C) Availability.--Copies of the map submitted under subparagraph (A) shall be on file and available for public inspection in-- (i) the Office of the Director of the Bureau of Land Management; and (ii) the appropriate office of the Bureau of Land Management in the State. (c) Management.-- (1) Certain activities authorized.--The Secretary shall allow hiking, camping, hunting, and sightseeing and the use of motorized vehicles, mountain bikes, and horses on designated routes in the Management Area in a manner that-- (A) is consistent with the purpose of the Management Area; (B) ensures public health and safety; and (C) is consistent with applicable law. (2) Off-highway vehicle use.-- (A) In general.--Except as otherwise provided in this subsection and subject to all other applicable laws, the use of off-highway vehicles shall be permitted on routes in the Management Area generally depicted on the map. (B) Closure.--Subject to subparagraph (C), the Secretary may temporarily close or permanently reroute a portion of a route described in subparagraph (A) or opened pursuant to subparagraph (D)-- (i) to prevent, or allow for restoration of, resource damage; (ii) to protect tribal cultural resources, including the resources identified in the tribal cultural resources management survey conducted under paragraph (7); (iii) to address public safety concerns; or (iv) as otherwise required by law. (C) Designation of additional routes.--During the 3-year period beginning on the date of enactment of this Act, the Secretary-- (i) shall accept petitions from the public regarding additional routes for off-highway vehicles in the Management Area; and (ii) may designate additional routes that the Secretary determines-- (I) would provide significant or unique recreational opportunities; and (II) are consistent with the purposes of the Management Area. (3) Withdrawal.--Subject to valid existing rights, all Federal land within the Management Area is withdrawn from-- (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) right-of-way, leasing, or disposition under all laws relating to-- (i) minerals; or (ii) solar, wind, and geothermal energy. (4) No buffers.--The establishment of the Management Area shall not-- (A) create a protective perimeter or buffer zone around the Management Area; or (B) restrict, preclude, limit, or prevent uses or activities outside the Management Area that are permitted under other applicable laws, even if the uses or activities are prohibited within the Management Area. (5) Notice of available routes.--The Secretary shall ensure that visitors to the Management Area have access to adequate notice relating to the availability of designated routes in the Management Area through-- (A) the placement of appropriate signage along the designated routes; (B) the distribution of maps, safety education materials, and other information that the Secretary determines to be appropriate; and (C) restoration of areas that are not designated as open routes, including vertical mulching. (6) Stewardship.--In consultation with Indian tribes and other interested persons, the Secretary shall develop a program to provide opportunities for monitoring and stewardship of the Management Area to minimize environmental impacts and prevent resource damage from recreational use, including volunteer assistance with-- (A) route signage; (B) restoration of closed routes; (C) protection of Management Area resources; and (D) recreation education. (7) Protection of tribal cultural resources.--Not later than 2 years after the date of enactment of this Act, the Secretary, in accordance with chapter 2003 of title 54, United States Code, and any other applicable law, shall-- (A) prepare and complete a tribal cultural resources survey of the Management Area; and (B) consult with the Quechan Indian Nation and other Indian tribes demonstrating ancestral, cultural, or other ties to the resources within the Management Area on the development and implementation of the tribal cultural resources survey under subparagraph (A). (d) Potential Wilderness.-- (1) Protection of wilderness character.--The Secretary shall manage the public lands in the Management Area described in paragraph (2) in a manner that preserves the character of the land for the eventual inclusion of the land in the National Wilderness Preservation System. (2) Covered lands.--The public lands covered by this section are-- (A) the approximately 10,860 acres of land, as generally depicted as the ``Indian Pass Additions'' on the map; (B) the approximately 17,250 acres of land, as generally depicted as ``Milpitas Wash Potential Wilderness'' on the map; (C) the approximately 11,840 acres of land, as generally depicted as ``Buzzards Peak Potential Wilderness'' on the map; and (D) the approximately 9,350 acres of land, as generally depicted as ``Palo Verde Mountains Potential Wilderness'' on the map. (3) Military uses of lands.--The Secretary shall manage the public lands covered by this section in a manner that is consistent with the Wilderness Act (16 U.S.C. 1131 et seq.), except that the Secretary may authorize use of the land by the Secretary of the Navy for Naval Special Warfare Tactical Training, including long-range small unit training and navigation, vehicle concealment, and vehicle sustainment training, in accordance with applicable Federal laws. (4) Prohibited uses.--The following uses are prohibited on the public lands covered by this section: (A) Permanent roads. (B) Commercial enterprises. (C) Except as necessary to meet the minimum requirements for the administration of the land and to protect public health and safety-- (i) the use of mechanized vehicles; and (ii) the establishment of temporary roads. (5) Wilderness designation.-- (A) Eventual designation.--The public lands covered by this section shall be designated as wilderness and either included as part of an existing wilderness area or made a new component of the National Wilderness Preservation System on the date on which the Secretary, in consultation with the Secretary of Defense, publishes a notice in the Federal Register that all activities on the Federal land that are incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.) have terminated. (B) Designation.--On designation of the public lands as wilderness under paragraph (1)-- (i) the land described in paragraph (2)(A) shall be incorporated in, and shall be considered to be a part of, the Indian Pass Wilderness designated by section 102(27) of the California Desert Protection Act of 1994 (Public Law 104-433; 16 U.S.C. 1132 note); (ii) the land described in paragraph (2)(B) shall be designated as the Milpitas Wash Wilderness; (iii) the land described in paragraph (2)(C) shall be designated as the Buzzard Peak Wilderness; and (iv) the land described in paragraph (2)(D) shall be incorporated in, and shall be considered to be a part of, the Palo Verde Mountains Wilderness designated by section 102(48) of the California Desert Protection Act of 1994 (Public Law 104-433; 16 U.S.C. 1132 note). (6) Administration of wilderness.--Subject to valid existing rights, the land designated as wilderness or as a wilderness addition by paragraph (5)(B) shall be administered by the Secretary in accordance with this Act and the Wilderness Act (16 U.S.C. 1131 et seq.). SEC. 5. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) State.--The term ``State'' means the State of California.

Imperial Valley Desert Conservation and Recreation Act of 2015 This bill directs the Department of the Interior to convey to the state of California approximately 934 acres of specified public lands administered by the Bureau of Land Management (BLM) in San Diego County in order to allow California to include it as part of the Anza-Borrego Desert State Park. The Department of Transportation shall seek a conveyance from Interior of approximately 3,500 acres of BLM-administered land adjacent to the Imperial County Holtville Airport in Imperial County, California, to allow the county to expand the airport. The bill establishes the Vinagre Wash Special Management Area in California, which shall consist of approximately 81,880 acres of certain public lands in Imperial County. Interior shall manage specified lands in the Management Area to preserve their character for eventual inclusion in the National Wilderness Preservation System.

Imperial Valley Desert Conservation and Recreation Act of 2015

TITLE I--FAMILY ASSISTANCE PROVISIONS SEC. 101. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT PROGRAM THROUGH MARCH 31, 2004. (a) In General.--Activities authorized by part A of title IV of the Social Security Act, and by sections 510, 1108(b), and 1925 of such Act, shall continue through March 31, 2004, in the manner authorized for fiscal year 2002, notwithstanding section 1902(e)(1)(A) of such Act, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority for carrying out such activities during the first two quarters of fiscal year 2004 at the level provided for the first two quarters of fiscal year 2002. (b) Conforming Amendments.-- (1) Supplemental grants for population increases in certain states.--Section 403(a)(3)(H) of the Social Security Act (42 U.S.C. 603(a)(3)(H)) is amended-- (A) in the subparagraph heading, by striking ``of grants for fiscal year 2002''; and (B) in clause (ii)-- (i) by striking ``2003'' and inserting ``March 31, 2004''; and (ii) by striking ``2001'' and inserting ``fiscal year 2001''. (2) Contingency fund.--Section 403(b)(3)(C)(ii) of such Act (42 U.S.C. 603(b)(3)(C)(ii)) is amended by striking ``2003'' and inserting ``2004''. (3) Maintenance of effort.--Section 409(a)(7) of such Act (42 U.S.C. 609(a)(7)) is amended-- (A) in subparagraph (A), by striking ``or 2004'' and inserting ``2004, or 2005''; and (B) in subparagraph (B)(ii), by striking ``2003'' and inserting ``2004''. SEC. 102. EXTENSION OF THE NATIONAL RANDOM SAMPLE STUDY OF CHILD WELFARE AND CHILD WELFARE WAIVER AUTHORITY THROUGH MARCH 31, 2004. Activities authorized by sections 429A and 1130(a) of the Social Security Act shall continue through March 31, 2004, in the manner authorized for fiscal year 2002, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority for carrying out such activities during the first two quarters of fiscal year 2004 at the level provided for the first two quarters of fiscal year 2002. TITLE II--TAX PROVISIONS SEC. 201. DISCLOSURE OF RETURN INFORMATION TO CARRY OUT INCOME CONTINGENT REPAYMENT OF STUDENT LOANS. (a) In General.--Subparagraph (D) of section 6103(l)(13) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``September 30, 2003'' and inserting ``December 31, 2004''. (b) Effective Date.--The amendment made by subsection (a) shall apply to requests made after September 30, 2003. SEC. 202. EXTENSION OF INTERNAL REVENUE SERVICE USER FEES. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7528. INTERNAL REVENUE SERVICE USER FEES. ``(a) General Rule.--The Secretary shall establish a program requiring the payment of user fees for-- ``(1) requests to the Internal Revenue Service for ruling letters, opinion letters, and determination letters, and ``(2) other similar requests. ``(b) Program Criteria.-- ``(1) In general.--The fees charged under the program required by subsection (a)-- ``(A) shall vary according to categories (or subcategories) established by the Secretary, ``(B) shall be determined after taking into account the average time for (and difficulty of) complying with requests in each category (and subcategory), and ``(C) shall be payable in advance. ``(2) Exemptions, etc.-- ``(A) In general.--The Secretary shall provide for such exemptions (and reduced fees) under such program as the Secretary determines to be appropriate. ``(B) Exemption for certain requests regarding pension plans.--The Secretary shall not require payment of user fees under such program for requests for determination letters with respect to the qualified status of a pension benefit plan maintained solely by 1 or more eligible employers or any trust which is part of the plan. The preceding sentence shall not apply to any request-- ``(i) made after the later of-- ``(I) the fifth plan year the pension benefit plan is in existence, or ``(II) the end of any remedial amendment period with respect to the plan beginning within the first 5 plan years, or ``(ii) made by the sponsor of any prototype or similar plan which the sponsor intends to market to participating employers. ``(C) Definitions and special rules.--For purposes of subparagraph (B)-- ``(i) Pension benefit plan.--The term `pension benefit plan' means a pension, profit-sharing, stock bonus, annuity, or employee stock ownership plan. ``(ii) Eligible employer.--The term `eligible employer' means an eligible employer (as defined in section 408(p)(2)(C)(i)(I)) which has at least 1 employee who is not a highly compensated employee (as defined in section 414(q)) and is participating in the plan. The determination of whether an employer is an eligible employer under subparagraph (B) shall be made as of the date of the request described in such subparagraph. ``(iii) Determination of average fees charged.--For purposes of any determination of average fees charged, any request to which subparagraph (B) applies shall not be taken into account. ``(3) Average fee requirement.--The average fee charged under the program required by subsection (a) shall not be less than the amount determined under the following table: Average ``Category Fee Employee plan ruling and opinion.......................... $250 Exempt organization ruling................................ $350 Employee plan determination............................... $300 Exempt organization determination......................... $275 Chief counsel ruling...................................... $200. ``(c) Termination.--No fee shall be imposed under this section with respect to requests made after December 31, 2004.''. (b) Conforming Amendments.-- (1) The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7528. Internal Revenue Service user fees.''. (2) Section 10511 of the Revenue Act of 1987 is repealed. (3) Section 620 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is repealed. (c) Limitations.--Notwithstanding any other provision of law, any fees collected pursuant to section 7528 of the Internal Revenue Code of 1986, as added by subsection (a), shall not be expended by the Internal Revenue Service unless provided by an appropriations Act. (d) Effective Date.--The amendments made by this section shall apply to requests made after the date of the enactment of this Act. TITLE III--TRADE PROVISIONS SEC. 301. EXTENSION OF COBRA FEES. Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by striking ``September 30, 2003'' and inserting ``March 31, 2004''. TITLE IV--MEDICARE COST-SHARING PROVISIONS SEC. 401. EXTENSION OF MEDICARE COST-SHARING FOR CERTAIN QUALIFYING INDIVIDUALS. (a) Extension of Sunset.--Section 1902(a)(10)(E)(iv) of the Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended-- (1) by striking subclause (II); (2) beginning in the matter preceding subclause (I), by striking ``ending with December 2002'' and all that follows through ``for medicare cost-sharing described'' in subclause (I) and inserting ``ending with March 2004) for medicare cost-sharing described''; and (3) by striking ``, and'' at the end and inserting a semicolon. (b) Total Amount Available for Allocation.--Section 1933(c) of the Social Security Act (42 U.S.C. 1396u-3(c)) is amended-- (1) in paragraph (1)(E), by striking ``fiscal year 2002'' and inserting ``each of fiscal years 2002 and 2003''; and (2) in paragraph (2)(A), by striking ``the sum of'' and all that follows through ``1902(a)(10)(E)(iv)(II) in the State; to'' and inserting ``the total number of individuals described in section 1902(a)(10)(E)(iv) in the State; to''. (c) Special Rule for First Quarter of 2004.--Section 1933 of the Social Security Act (42 U.S.C. 1396u-3) is amended by adding at the end the following: ``(g) Special Rule.--With respect to the period that begins on January 1, 2004, and ends on March 31, 2004, a State shall select qualifying individuals, and provide such individuals with assistance, in accordance with the provisions of this section as in effect with respect to calendar year 2003, except that for such purpose-- ``(1) references in the preceding subsections of this section to `fiscal year' and `calendar year' shall be deemed to be references to such period; and ``(2) the total allocation amount under subsection (c) for such period shall be $100,000,000.''. SEC. 402. EXTENSION OF PROVISION EQUALIZING URBAN AND RURAL STANDARDIZED MEDICARE INPATIENT HOSPITAL PAYMENTS. (a) In General.--Paragraphs (1) and (2) of section 402(b) of the Miscellaneous Appropriations Act, 2003 (Public Law 108-7; 117 Stat. 548) are each amended by striking ``September 30, 2003'' and inserting ``March 31, 2004''. (b) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by subsection (a) shall take effect as if included in the enactment of the Miscellaneous Appropriations Act, 2003. (2) Authority to delay implementation.-- (A) In general.--If the Secretary of Health and Human Services (in this subsection referred to as the ``Secretary'') determines that it is not administratively feasible to implement the amendments made by subsection (a), notwithstanding such amendments and in order to comply with Congressional intent, the Secretary may delay the implementation of such amendments until such time as the Secretary determines to be appropriate, but in no case later than November 1, 2003. (B) Temporary adjustment for remainder of fiscal year 2004 to effect full rate change.--If the Secretary delays implementation of the amendments made by subsection (a) under subparagraph (A), the Secretary shall make such adjustment to the amount of payments affected by such delay, for the portion of fiscal year 2004 after the date of the delayed implementation, in such manner as the Secretary estimates will ensure that the total payments for inpatient hospital services so affected with respect to such fiscal year is the same as would have been made if this paragraph had not been enacted. (C) No effect on payments for subsequent payment periods.-- The application of subparagraphs (A) and (B) shall not affect payment rates and shall not be taken into account in calculating payment amounts for services furnished for periods after September 30, 2004. (D) Administration of provisions.-- (i) No rulemaking or notice required.--The Secretary may carry out the authority under this paragraph by program memorandum or otherwise and is not required to prescribe regulations or to provide notice in the Federal Register in order to carry out such authority. (ii) Limitation on review.--There shall be no administrative or judicial review under section 1869 or 1878 of the Social Security Act (42 U.S.C. 1395ff and 1395oo), or otherwise of any delay or determination made by the Secretary under this paragraph or the application of the payment rates determined under this paragraph. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Title I: Family Assistance Provisions - (Sec. 101) Extends through March 31, 2004, the TANF (Temporary Assistance for Needy Families) program under part A of title IV of the Social Security Act (SSA), and related provisions, including those providing for abstinence education and for extending eligibility for medical assistance under Medicaid (SSA title XIX) for six months for former TANF recipients, which were originally set to expire on September 30, 2002. (Sec. 102) Provides for a similar extension with respect to the national random sample study of child welfare under SSA title IV part B (Child and Family Services). Title II: Tax Provisions - Amends the Internal Revenue Code to provide for the extension through December 31, 2004, of the authority for : (1) disclosure of tax return information to carry out income contingent repayment of student loans; and (2) Internal Revenue Service user fees. Title III: Trade Provisions - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for an extension though March 31, 2004, of the authority for fees for certain customs services. Title IV: Medicare Cost-Sharing Provisions - (Sec. 401) Amends SSA title XIX to provide for the extension through March 31, 2004, of Medicare cost-sharing for certain low-income individuals. (Sec. 402) Amends the Miscellaneous Appropriations Act, 2003 to extend from September 30, 2003, through March 31, 2004, the requirement that rural standardized payment amounts under the Medicare Inpatient Hospital Prospective Payment System be increased to an amount equal to the standardized amount otherwise applicable for hospitals in a large urban area.

To extend the Temporary Assistance for Needy Families block grant program, and certain tax and trade programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Museum of the American Indian Commemorative Coin Act of 2000'', or the ``American Buffalo Coin Commemorative Coin Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) the Smithsonian Institution was established in 1846, with funds bequeathed to the United States by James Smithson for the ``increase and diffusion of knowledge'';/ (2) once established, the Smithsonian Institution became an important part of the process of developing the United States national identity, an ongoing role which continues today; (3) the Smithsonian Institution, which is now the world's largest museum complex, including 16 museums, 4 research centers, and the National Zoo, is visited by millions of Americans and people from all over the world each year; (4) the National Museum of the American Indian of the Smithsonian Institution (referred to in this section as the ``NMAI'') was established by an Act of Congress in 1989, in Public Law 101-185; (5) the purpose of the NMAI, as established by Congress, is to-- (A) advance the study of Native Americans, including the study of language, literature, history, art, anthropology, and life; (B) collect, preserve, and exhibit Native American objects of artistic, historical, literary, anthropological, and scientific interest; and (C) provide for Native American research and study programs; (6) the NMAI works in cooperation with Native Americans and oversees a collection that spans more than 10,000 years of American history; (7) it is fitting that the NMAI will be located in a place of honor near the United States Capitol, and on the National Mall; (8) thousands of Americans, including many American Indians, came from all over the Nation to witness the groundbreaking ceremony for the NMAI on September 28, 1999; (9) the NMAI is scheduled to open in the summer of 2002; (10) the original 5-cent buffalo nickel, as designed by James Earle Fraser and minted from 1913 through 1938, which portrays a profile representation of a Native American on the obverse side and a representation of an American buffalo on the reverse side, is a distinctive and appropriate model for a coin to commemorate the NMAI; and (11) the surcharge proceeds from the sale of a commemorative coin, which would have no net cost to the taxpayers, would raise valuable funding for the opening of the NMAI and help to supplement the endowment and educational outreach funds of the NMAI. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In commemoration of the opening of the Museum of the American Indian of the Smithsonian Institution, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 4. SOURCES OF BULLION. The Secretary may obtain silver for minting coins under this Act from any available source, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the $1 coins minted under this Act shall be based on the original 5-cent buffalo nickel designed by James Earle Fraser and minted from 1913 through 1938. Each coin shall have on the obverse side a profile representation of a Native American, and on the reverse side, a representation of an American buffalo (also known as a bison). (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2001''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.-- (1) In general.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (2) Sense of congress.--It is the sense of the Congress that the United States Mint facility in Denver, Colorado should strike the coins authorized by this Act, unless the Secretary determines that such action would be technically or cost- prohibitive. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning on January 1, 2001. (d) Termination of Minting.--No coins may be minted under this Act after December 31, 2001. SEC. 7. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge required by subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales of coins minted under this Act shall include a surcharge of $10 per coin. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--Subject to section 5134(f) of title 31, United States Code, the proceeds from the surcharges received by the Secretary from the sale of coins issued under this Act shall be paid promptly by the Secretary to the National Museum of the American Indian of the Smithsonian Institution for the purposes of-- (1) commemorating the opening of the National Museum of the American Indian; and (2) supplementing the endowment and educational outreach funds of the Museum of the American Indian. (b) Audits.--The National Museum of the American Indian shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the museum under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

Expresses the sense of Congress that the United States Mint Facility in Denver, Colorado, should strike such coins unless the Secretary determines that it would be technically or cost-prohibitive. Mandates that the proceeds from sales surcharges be paid promptly to the National Museum of the American Indian of the Smithsonian Institution to: (1) commemorate the opening of the Museum; and (2)supplement the Museum's endowment and educational outreach funds. Subjects the Museum to certain Federal audit requirements. Instructs the Secretary to take actions to ensure that coin minting and issuance will not result in any net cost to the Government.

National Museum of the American Indian Commemorative Coin Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Fair Federal Compensation Act of 2002''. TITLE I--DEDICATED INFRASTRUCTURE ACCOUNT SEC. 101. ESTABLISHMENT OF ACCOUNT. There is established in the general fund of the District of Columbia an account to be known as the Dedicated Infrastructure Account (hereafter in this title referred to as the ``Account''), which shall consist of the following amounts: (1) Amounts deposited pursuant to section 102. (2) Such other amounts as may be deposited pursuant to District of Columbia law. (3) Interest earned on amounts in the account. SEC. 102. DEPOSIT OF REVENUE OBTAINED UNDER NONRESIDENT WAGE TAX. All amounts obtained by the District of Columbia which are attributable directly to the imposition and withholding of the nonresident wage tax under title II shall be deposited into the Account. SEC. 103. USE OF AMOUNTS IN ACCOUNT. (a) In General.--Amounts in the Account may be used only for the following purposes: (1) Building and facility maintenance, construction, and capital improvement projects for District of Columbia public schools and public charter schools. (2) Transportation activities, including the payment of the local share of participation in public transportation activities and road construction and improvement projects. (3) Information technology improvements for the District government. (4) Debt service payments on bonds, notes, and other obligations of the District government. (b) Availability of Funds.--Funds appropriated or otherwise made available from the Account shall remain available until expended. TITLE II--IMPOSITION AND WITHHOLDING OF NONRESIDENT WAGE TAX SEC. 201. IMPOSITION AND WITHHOLDING OF NONRESIDENT WAGE TAX. (a) Imposition of Tax.--Every nonresident individual employed in the District of Columbia is subject to a tax equal to 2 percent of wages from employment in the District of Columbia and 2 percent of net earnings from self-employment in the District of Columbia, so long as there is a corresponding Federal credit. (b) Exception.--Individuals excluded from the definition of ``resident'' under the second sentence of section 47-1801.4(17), District of Columbia Code, partners in partnerships and sole proprietors subject to tax under sections 47-1808.1 through 47-1808.6, District of Columbia Code, and members of the military service on active duty are not subject to the tax imposed in this section. (c) Assessment and Collection of Non-Resident Wage Tax.--Every employer making payment of wages and every nonresident partner and sole proprietor of unincorporated businesses located in the District shall deduct and withhold the nonresident wage tax imposed by this section and make returns of tax in accordance with regulations prescribed by the Mayor of the District of Columbia. (d) Definitions.-- (1) Employer.--The term ``employer'' has the meaning given such term in section 3401(b) of the Internal Revenue Code of 1986. (2) Employment in the district of columbia and self- employment in the district of columbia.--The terms ``employment in the District of Columbia'' and ``self-employment in the District of Columbia'' shall mean employment or self-employment involving labor or personal services performed in the District of Columbia during the taxable year except that such terms shall not include labor or personal services performed by a nonresident in the District of Columbia for a period not exceeding 45 days during the taxable year. (3) Net earnings from self-employment.--The term ``net earnings from self-employment'' shall mean such net earnings as defined in section 1402 of the Internal Revenue Code of 1986. (4) Nonresident.--The term ``nonresident'' has the meaning given such term in section 47-1801.4(18), District of Columbia Code. (5) Wages.--The term ``wages'' has the meaning given such term in section 3401(a) of the Internal Revenue Code of 1986. SEC. 202. FEDERAL CREDIT CORRESPONDING TO IMPOSITION OF NONRESIDENT WAGE TAX. Section 31 of the Internal Revenue Code of 1986 (relating to determination of tax liability) is amended by adding at the end the following: ``(d) Tax Withheld at Source on Nonresidents of the District of Columbia.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the amount withheld at source under section 201 of the District of Columbia Fair Federal Compensation Act of 2002 (relating to the withholding of tax on nonresidents of the District of Columbia employed within the District). No deduction shall be allowed under this chapter for any tax for which credit is allowed under this subsection. ``(2) Administration.--The Secretary shall, to the maximum extent practicable, administer the credit allowed under paragraph (1) in a way which provides the benefit of the credit without any requirement to claim the credit on the taxpayer's return.''. SEC. 203. EFFECTIVE DATE. This title and the amendments made by this title shall apply to taxable years beginning after December 31, 2002.

District of Columbia Fair Federal Compensation Act of 2002 - Establishes the Dedicated Infrastructure Account in the general fund of the District of Columbia, which shall consist of: (1) deposits of revenue obtained by the District which are attributable directly to the imposition and withholding of the nonresident wage tax under this Act; (2) such other amounts as may be deposited pursuant to D.C. law; and (3) interest earned on such deposits. Specifies the use of such funds.Subjects, with exceptions, every nonresident individual employed in the District to a tax equal to two percent of wages from such employment and two percent of net earnings from self-employment, so long as there is a corresponding Federal credit.Amends the Internal Revenue Code (relating to determination of tax liability) to allow a credit against the imposed tax in an amount equal to the amount withheld at source under this Act. Prohibits a tax deduction for such tax credit.Requires the Secretary of the Treasury, to the maximum extent practicable, to administer the tax credit in a way which provides its benefit without any requirement to claim the credit on the taxpayer's return.

To promote the economic recovery of the District of Columbia, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Health Care Coalition Act of 2011''. SEC. 2. APPLICATION OF THE FEDERAL ANTITRUST LAWS TO HEALTH CARE PROFESSIONALS NEGOTIATING WITH HEALTH PLANS. (a) In General.--Any health care professionals who are engaged in negotiations with a health plan regarding the terms of any contract under which the professionals provide health care items or services for which benefits are provided under such plan shall, in connection with such negotiations, be exempt from the Federal antitrust laws. (b) Limitation.-- (1) No new right for collective cessation of service.--The exemption provided in subsection (a) shall not confer any new right to participate in any collective cessation of service to patients not already permitted by existing law. (2) No change in national labor relations act.--This section applies only to health care professionals excluded from the National Labor Relations Act. Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act. (c) No Application to Federal Programs.--Nothing in this section shall apply to negotiations between health care professionals and health plans pertaining to benefits provided under any of the following: (1) The Medicare Program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (2) The Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (3) The SCHIP program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). (4) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (5) Chapter 17 of title 38, United States Code (relating to Veterans' medical care). (6) Chapter 89 of title 5, United States Code (relating to the Federal employees' health benefits program). (7) The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). SEC. 3. DEFINITIONS. In this Act, the following definitions shall apply: (1) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Group health plan.--The term ``group health plan'' means an employee welfare benefit plan to the extent that the plan provides medical care (including items and services paid for as medical care) to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement, or otherwise. (3) Group health plan, health insurance issuer.--The terms ``group health plan'' and ``health insurance issuer'' include a third-party administrator or other person acting for or on behalf of such plan or issuer. (4) Health care services.--The term ``health care services'' means any services for which payment may be made under a health plan, including services related to the delivery or administration of such services. (5) Health care professional.--The term ``health care professional'' means any individual or entity that provides health care items or services, treatment, assistance with activities of daily living, or medications to patients and who, to the extent required by State or Federal law, possesses specialized training that confers expertise in the provision of such items or services, treatment, assistance, or medications. (6) Health insurance coverage.--The term ``health insurance coverage'' means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer. (7) Health insurance issuer.--The term ``health insurance issuer'' means an insurance company, insurance service, or insurance organization (including a health maintenance organization) that is licensed to engage in the business of insurance in a State and that is subject to State law regulating insurance. Such term does not include a group health plan. (8) Health maintenance organization.--The term ``health maintenance organization'' means-- (A) a federally qualified health maintenance organization (as defined in section 1301(a) of the Public Health Service Act (42 U.S.C. 300e(a)); (B) an organization recognized under State law as a health maintenance organization; or (C) a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization. (9) Health plan.--The term ``health plan'' means a group health plan or a health insurance issuer that is offering health insurance coverage. (10) Medical care.--The term ``medical care'' means amounts paid for-- (A) the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body; and (B) transportation primarily for and essential to receiving items and services referred to in subparagraph (A). (11) Person.--The term ``person'' includes a State or unit of local government. (12) State.--The term ``State'' includes the several States, the District of Columbia, Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 4. EFFECTIVE DATE. This Act shall take effect on on the date of the enactment of this Act and shall not apply with respect to conduct occurring before such date.

Quality Health Care Coalition Act of 2011 - Exempts health care professionals, including individuals and entities, from federal and state antitrust laws in connection with negotiations with a health plan regarding contract terms under which the professionals provide health care items or services for which plan benefits are provided. Declares that this Act: (1) applies only to health care professionals excluded from the National Labor Relations Act; and (2) does not apply to such negotiations relating to Medicare or Medicaid programs, the Children's Health Insurance Program (CHIP, formerly known as SCHIP), medical and dental care for members of the uniformed services, veterans' medical care, the federal employees health benefits program, or the Indian Health Care Improvement Act.

To ensure and foster continued patient safety and quality of care by clarifying the application of the antitrust laws to negotiations between groups of health care professionals and health plans and health care insurance issuers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mentoring America's Children Act of 2007''. SEC. 2. AMENDMENTS TO MENTORING PROGRAMS. (a) Purpose; Definitions.--Section 4130(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7140(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking ``achievement of such children'' and inserting ``outcomes of such children by improving their school connectedness, decreasing absenteeism, and increasing academic performance''; (B) in subparagraph (D), by striking ``and'' at the end; (C) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(F) to foster character education.''; (2) in paragraph (2)(A), by striking ``or who lacks strong positive role models'' and inserting ``who lacks strong positive role models, is a foster youth, or has 1 or both parents incarcerated''; (3) in paragraph (2)(B)(iii), by striking ``a partnership between a local educational agency and a nonprofit, community- based organization'' and inserting ``a consortium between 1 or more local educational agencies, nonprofit community-based organizations, and other partners, such as corporations, universities, or foster care group homes''; and (4) in paragraph (2)(C)(iii), by inserting ``and successful'' after ``responsible''. (b) Grant Program.--Section 4130(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7140(b)) is amended-- (1) in paragraph (1), in the matter preceding subparagraph (A), by striking ``this subpart under section 4003(2)'' and inserting ``this section under subsection (d)''; (2) in paragraph (1)(A), by striking ``(particularly'' and all that follows through ``failure)'' and inserting ``, particularly children living in rural, suburban, or urban areas facing high rates of crime, gang involvement, drug use, dropouts, or youth suicides,''; (3) in paragraph (1)(B), by striking clauses (vi) and (viii) and inserting the following: ``(vi) Encourage setting goals and planning for the future, including encouragement of graduation from secondary school, planning for postsecondary education or training, and participating in internships. ``(vii) Discourage involvement in gangs.''; (4) in paragraph (4)-- (A) in subparagraph (I), by striking ``and'' at the end; (B) in subparagraph (J), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(K) information regarding the staffing plan and levels the eligible entity will use to monitor the mentor/mentee match over the duration of the match; and ``(L) information regarding the eligible entity's sustainability plan, specifically how the eligible entity will meet the required match, which is-- ``(i) in year 1 of the grant, not less than 10 percent of the amount awarded for that year; ``(ii) in year 2 of the grant, not less than 25 percent of the amount awarded for that year; ``(iii) in year 3 of the grant, not less than 50 percent of the amount awarded for that year; and ``(iv) for an entity receiving subsequent funding under paragraph (5)(E), in all 3 years of the grant the match shall be not less than 50 percent of the amount awarded for that year.''; (5) in paragraph (5)-- (A) by striking subparagraph (B)(i) and inserting the following: ``(i) serves children with greatest need living in rural areas, high-crime areas, troubled home environments, or communities with a high rate of youth suicide, who attended school with violence problems, or who are foster children;''; (B) in subparagraph (C)-- (i) in clause (i), by striking ``urban and rural'' and inserting ``urban, suburban, and rural''; (ii) in clause (ii)(II), by inserting after ``organizations,'' the following: ``children,''; and (iii) in clause (iii), by inserting after ``mentoring program'' the following: ``and sustain it for the duration of the grant and beyond''; and (C) by adding at the end following: ``(E) Subsequent grants.--In awarding grants under subparagraph (A), the Secretary shall consider entities who have received funding in a prior grant cycle for a new grant only if each of the following criteria is met: ``(i) Performance during the initial grant was satisfactory in terms of program design and numbers of children served. ``(ii) The subsequent grant will exclusively support expanded service to a new geographic area or target population. ``(iii) The eligible entity demonstrates that it is able to provide a 50 percent match to Federal funds for all 3 years of the new grant. ``(F) Policy on one entity having two grants at same time.--In awarding grants under subparagraph (A), the Secretary may have in effect a policy under which an entity is prohibited from having 2 grants at the same time. However, such a policy shall not prohibit an entity from having 2 grants at the same time when the periods of the 2 grants overlap by 3 months or less.''. (c) Additional Provisions.--Section 4130 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7140) is amended by adding at the end the following: ``(c) Ensuring Quality Grants.-- ``(1) Support for grantees.--In order to ensure the strongest possible outcomes for children mentored through this section, the Secretary shall-- ``(A) provide training and technical assistance to grant recipients, beginning in year 1 and continuing throughout the span of the grant; ``(B) track the mentoring practices and outcomes of all grant recipients throughout the 3-year span of the grant utilizing a robust online tracking and evaluation system; and ``(C) submit an annual report to Congress detailing the number of children served by grant recipients and the outcomes achieved for those children. ``(2) Research on school-based mentoring.--In order to ensure that grant recipients have access to the most current research-based knowledge about building and carrying out strong and effective mentoring programs, the Secretary shall do the following: ``(A) Consult with leading mentoring organizations and researchers, including the Federal Mentoring Council and the National Mentoring Working Group, to determine priorities for research on school-based mentoring and appropriate research design, with consideration for-- ``(i) determining the ideal school environments in which school-based mentoring succeeds; ``(ii) identifying techniques for matching children with specific characteristics (such as age, academic situation, risk factors) with the most appropriate mentoring models; ``(iii) determining the ideal infrastructure needed to foster the expansion of school-based mentoring in a sustainable way; and ``(iv) refining best practices, match activities, and a range of mentoring models to lead to the best possible outcomes for children. ``(B) Issue grants or contracts to high-quality research entities to perform research on the priorities identified in subparagraph (A), with the following criteria: ``(i) The proposed research design shall meet accepted standards within the academic community. ``(ii) All research results and findings shall be widely disseminated to existing grantees and to the larger mentoring community. ``(C) Issue grants or contracts only if amount appropriated for each fiscal year under subsection (d)(1) exceeds $50,000,000. ``(d) Authorization of Appropriations; Reservation of Certain Amounts.-- ``(1) Authorization.--There are authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2008 and such sums as may be necessary for each succeeding fiscal year. ``(2) Reservations.--Each fiscal year, the Secretary shall reserve-- ``(A) not more than 5 percent of the amount appropriated for that fiscal year under paragraph (1) for expenditure on support for grantees as authorized by subsection (c)(1); and ``(B) not more than 10 percent of the amount appropriated for that fiscal year under paragraph (1) for expenditure on research as authorized by subsection (c)(2).''. (d) Revisions to Other Education Programs.-- (1) Inclusion of mentoring for minority programs.-- (A) Section 7121(c)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441(c)(1)) is amended-- (i) in subparagraph (E), by inserting ``, including mentoring,'' after ``programs and projects''; and (ii) in subparagraph (J), by inserting ``, including mentoring,'' after ``programs''. (B) Section 7205(a)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7515(a)(3)) is amended-- (i) in subparagraph (H)(ii), by inserting ``, including mentoring'' after ``programs''; and (ii) in subparagraph (I)(iii), by inserting ``, mentoring,'' after ``counseling''. (C) Section 7304(a)(2)(P) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7544(a)(2)(P)) is amended by inserting ``or mentoring programs'' after ``program''. (2) Transition services.--Section 1418(a)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6438(a)(2)(C)) is amended-- (A) in clause (iv), by striking ``and'' at the end; (B) in clause (v), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(vi) youth mentoring programs.''. (3) National safe and drug-free schools programs.--Section 4121(a)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131(a)(2)) is amended-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by adding ``and'' at the end; and (C) by adding at the end the following: ``(E) school and community-based mentoring programs;''.

Mentoring America's Children Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to make miscellaneous changes to the Mentoring grant program under title IV that include: (1) improvement of school connectedness and character education among mentoring's purposes; (2) corporations, universities, foster care group homes, and other entities among program providers; (3) a requirement that mentors help children become responsible and successful adults; (4) foster youth, children with an incarcerated parent, suburban children in high crime areas, and children living in high gang involvement, drug use, dropout, or youth suicide areas among those most in need of mentoring; (5) children's participation in internships as a program goal; (6) mandatory information on grant applicants about plans for monitoring mentor/mentee matches and the satisfaction of grant matching requirements that increase from 10% to 50% over the three-year grant term; and (7) entities serving foster children or children living in high youth suicide areas as priority grant recipients. Allows grantees to be considered for new grants if: (1) their prior performance was satisfactory; (2) they propose to use the new grant exclusively for expanded service to a new area or population; and (3) they are able to provide a 50% match to the new grant funds. Directs the Secretary of Education to: (1) provide training and technical assistance to, and track and evaluate the performance of, grantees; and (2) arrange for research on school-based mentoring, the results of which are to be provided to the mentoring community. Includes mentoring in ESEA programs for: (1) Indian, Native Hawaiian, and Alaskan Native education; (2) the transitioning of youth offenders into education; and (3) school violence and drug abuse prevention.

A bill to amend the Elementary and Secondary Education Act of 1965 to strengthen mentoring programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment Advisers Modernization Act of 2016''. SEC. 2. MODERNIZING CERTAIN REQUIREMENTS RELATING TO INVESTMENT ADVISERS. (a) Investment Advisory Contracts.-- (1) Assignment.-- (A) Assignment defined.--Section 202(a)(1) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(1)) is amended by striking ``; but'' and all that follows and inserting ``; but no assignment of an investment advisory contract shall be deemed to result from the death or withdrawal, or the sale or transfer of the interests, of a minority of the members, partners, shareholders, or other equity owners of the investment adviser having only a minority interest in the business of the investment adviser, or from the admission to the investment adviser of one or more members, partners, shareholders, or other equity owners who, after such admission, shall be only a minority of the members, partners, shareholders, or other equity owners and shall have only a minority interest in the business.''. (B) Consent to assignment by qualified clients.-- Section 205(a)(2) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-5(a)(2)) is amended by inserting before the semicolon the following: ``, except that if such other party is a qualified client (as defined in section 275.205-3 of title 17, Code of Federal Regulations, or any successor thereto), such other party may provide such consent at the time the parties enter into, extend, or renew such contract''. (2) Not required to provide for notification of change in membership of partnership.--Section 205 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-5) is amended-- (A) in subsection (a)-- (i) in paragraph (1), by striking the semicolon and inserting ``; or''; (ii) in paragraph (2), by striking ``; or'' and inserting a period; and (iii) by striking paragraph (3); and (B) in subsection (d), by striking ``paragraphs (2) and (3) of subsection (a)'' and inserting ``subsection (a)(2)''. (b) Advertising Rule.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Commission shall amend section 275.206(4)-1 of title 17, Code of Federal Regulations, to provide that paragraphs (a)(1) and (a)(2) of such section do not apply to an advertisement that an investment adviser publishes, circulates, or distributes solely to persons described in paragraph (2) of this subsection. (2) Persons described.--A person is described in this paragraph if such person is, or the investment adviser reasonably believes such person is-- (A) a qualified client (as defined in section 275.205-3 of title 17, Code of Federal Regulations), determined as of the time of the publication, circulation, or distribution of the advertisement rather than immediately prior to or after entering into the investment advisory contract referred to in such section; (B) a knowledgeable employee (as defined in section 270.3c-5 of title 17, Code of Federal Regulations) of any private fund to which the investment adviser acts as an investment adviser; (C) a qualified purchaser (as defined in section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a))); or (D) an accredited investor (as defined in section 230.501 of title 17, Code of Federal Regulations), determined as if the investment adviser were the issuer of securities referred to in such section and the time of the publication, circulation, or distribution of the advertisement were the sale of such securities. SEC. 3. REMOVING DUPLICATIVE BURDENS AND APPROPRIATELY TAILORING CERTAIN REQUIREMENTS. (a) Form PF.--Not later than 90 days after the date of the enactment of this Act, the Commission shall amend section 275.204(b)-1 of title 17, Code of Federal Regulations, to provide that an investment adviser to a private fund is not required to report any information beyond that which is required by sections 1a and 1b of Form PF, unless such investment adviser is a large hedge fund adviser or a large liquidity fund adviser (as such terms are defined in such Form). (b) Custody Rule.--Not later than 90 days after the date of the enactment of this Act, the Commission shall amend section 275.206(4)-2 of title 17, Code of Federal Regulations, consistent with, and expanding on, IM Guidance Update No. 2013-04, titled ``Privately Offered Securities under the Investment Advisers Act Custody Rule'', published by the Division of Investment Management of the Commission, with respect to the exception for certain privately offered securities in paragraph (b)(2) of such section, so as to-- (1) remove the requirement of clause (i)(B) of such paragraph (relating to the uncertificated nature and recordation of ownership of the securities); and (2) remove the requirement of clause (ii) of such paragraph (relating to audit and financial statement distribution requirements with respect to securities of pooled investment vehicles). (c) Proxy Voting Rule.--Not later than 90 days after the date of the enactment of this Act, the Commission shall amend section 275.206(4)-6 of title 17, Code of Federal Regulations, to provide that such section does not apply to any voting authority with respect to client securities that are not public securities. SEC. 4. FACILITATING ROBUST CAPITAL FORMATION BY PREVENTING REGULATORY MISMATCH. The Commission may not-- (1) amend section 230.156 of title 17, Code of Federal Regulations, to extend the provisions of such section to offerings of securities issued by private funds; or (2) adopt rules applicable to offerings of securities issued by private funds that are substantially the same as the provisions of such section. SEC. 5. EXCLUSION OF ADVISORY SERVICES TO REGISTERED INVESTMENT COMPANIES. This Act shall not apply with respect to advisory services provided, or proposed to be provided, to an investment company registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.). SEC. 6. REFERENCES TO REGULATIONS. In this Act, any reference to a regulation shall be construed to refer to such regulation or any successor thereto. SEC. 7. DEFINITIONS. In this Act: (1) Public security.--The term ``public security'' means a security issued by an issuer that-- (A) is required to submit reports under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a); 78o(d)); or (B) has a security that is listed or traded on any exchange or organized market operating in a foreign jurisdiction. (2) Terms defined in investment advisers act of 1940.--The terms defined in section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)) have the meanings given such terms in such section. Passed the House of Representatives September 9, 2016. Attest: KAREN L. HAAS, Clerk.

Investment Advisers Modernization Act of 2016 This bill directs the Securities and Exchange Commission (SEC) to amend specified regulations for investment advisers as they apply to private equity firms and private investment funds. (Sec. 2) The bill revises the disclaimer that, in the case of an investment adviser that is a partnership, an assignment shall not be deemed to result from the death, withdrawal, sale or transfer of minority interests to apply the disclaimer also to minority members, shareholders, for other equity owners of the investment adviser. Qualified clients of an investment adviser may consent to an assignment of the investment adviser contract at the time they enter into an advisory contract. The Investment Advisers Act of 1940 is amended to repeal the requirement that advisers organized as partnerships notify the other party to an investment adviser contract every time there is a change in the composition of the partnership. The SEC shall waive the application of specified antifraud prohibitions to advisers who advertise exclusively to: qualified clients, determined as of the time of the publication, circulation, or distribution of the advertisement rather than immediately before or after entering into the investment advisory contract; knowledgeable employees of any private fund to which the investment adviser acts as an investment adviser; qualified purchasers; or accredited investors (determined as if the investment adviser were the securities issuer and the time of the publication, circulation, or distribution of the advertisement were the sale of such securities). (Sec. 3) The SEC must amend a certain regulation regarding Form PF which registered investment advisers with at least $150 million in private funds assets under management must file with the SEC to report information about the private funds that they manage. This amendment shall state that an investment adviser to a private fund is not required to report any information beyond that which is required by sections 1a and 1b of Form PF unless it is a large hedge fund adviser or a large liquidity fund adviser. The SEC shall also amend the regulation requiring that client funds and securities of which an investment adviser has custody are verified by actual examination periodically by an independent public accountant. The SEC shall amend the proxy voting regulation to waive its application to any voting authority exercised by an investment adviser regarding client securities that are not public securities. (Sec. 4) On the other hand, the SEC may not: amend a specified regulation to extend its requirements and prohibitions concerning investment company sales literature to offerings of securities issued by private funds, or adopt substantially similar rules applicable to such offerings. (Sec. 5) This bill shall not apply to advisory services supplied to an investment company registered under the Investment Company Act of 1940. (Sec. 6) Any regulation referred to in this bill includes any successor regulation.

Investment Advisers Modernization Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Living Independently for Extended Time Act'' or the ``LIFETIME Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The number of Americans over age 65 or living with a disability is growing, and over 70 percent of these individuals will need some form of long-term services and supports, with a majority of individuals preferring home and community-based care. (2) This is a major demographic shift and provides an opportunity for innovative solutions in long-term services and supports. (3) Developing programs to facilitate high-quality independent community-based living, create and improve jobs, and address and improve upon gaps in existing systems will be essential to providing necessary services and supports to these individuals and families. (4) It is imperative that Congress act to address the looming long-term services and supports crisis. SEC. 3. PURPOSE. It is the purpose of this Act to establish a grant program to provide incentives to States for the development of solutions to the increased need of individuals for long-term services and supports and to increase State support and systems in long-term care. SEC. 4. ESTABLISHMENT OF LONG-TERM SERVICES AND SUPPORTS INNOVATION GRANT PROGRAM. (a) State Planning Grants.-- (1) In general.--Not later than 90 days after the date on which grant announcements are made under subsection (d), the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall award grants to eligible States to enable such States to develop innovative programs to meet the unique need for long-term services and supports in the State. (2) Eligibility.--To be eligible to receive a grant under paragraph (1), a State shall-- (A) submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require; (B) demonstrate to the Secretary that the State will work in conjunction with both public and private long-term services and supports stakeholder groups described in paragraph (3) to develop a coordinated statewide long-term services and supports program for the State that is not duplicative of other programs providing such services and supports in the State; and (C) provide assurances that the State will, not later than 1 year after the date on which the grant is awarded, submit to the Secretary a comprehensive plan for the implementation of innovative long-term services and supports program in the State, which shall include the utilization of existing State or local frameworks. (3) Stakeholder groups.--Stakeholder groups described in this paragraph shall be groups that-- (A) represent the interests of-- (i) consumers of long-term services and supports and related insurance products, as well as their representatives; (ii) older adults; (iii) individuals with cognitive or functional limitations; (iv) family caregivers for individuals described in clause (i), (ii), or (iii); (v) the health care workforce who directly provide long-term services and supports; (vi) private long-term services and supports insurance providers; (vii) employers; (viii) State insurance departments; (ix) area agency on aging or State agency on aging; (x) direct care workforce; and (xi) State Medicaid agencies; (B) have demonstrated experience in dealing with issues related to long-term services and supports, health care policy, and public and private insurance; and (C) represent the health care interests and needs of a variety of geographic areas and demographic groups. (b) State Implementation Grants.-- (1) In general.--The Secretary shall award grants to eligible States to enable such States to implement the comprehensive plans submitted under subsection (a)(2)(C) to meet the long-term services and supports needs of such States. (2) Eligibility.--To be eligible to receive a grant under paragraph (1), a State shall-- (A) submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require; (B) have submitted a comprehensive plan under subsection (a)(2)(C) that has been approved by the Secretary or, if the State has not applied for a grant under subsection (a), submit a plan (that is similar to the plans required under subsection (a)(2)(C)) to the Secretary for the implementation of new, or continued operation of existing, long-term services and supports activities; (C) provide assurances that the State will provide long-term services and supports under the grant to individuals who demonstrate a need for such services regardless of age; (D) provide assurances that the State will provide matching funds in accordance with paragraph (3); and (E) submit to the Secretary progress and outcomes reports containing uniform data as determined appropriate by the Secretary. (3) Matching requirement.--To be eligible to receive a grant under paragraph (1), a State shall agree, with respect to the costs to be incurred by the State in implementing the comprehensive plan under subsection (a)(2)(C), to make available non-Federal contributions (in cash or in-kind) toward such costs in an amount equal to not less than $1 for each $4 of Federal funds provided under the grant. Such contributions may be made directly or through donations from public or private entities. (4) Preference.--In awarding grants under paragraph (1), the Secretary shall give preference to States that demonstrate-- (A) the activities to be carried out under the grant will enhances access to quality, affordable long- term services and supports for consumers; and (B) the sustainability and scalability of the program to be carried out under the grant beyond the grant period. (5) Limitation.--A State shall not use in excess of 5 percent of the amount awarded under a grant under paragraph (1) for the administrative expenses associated with carrying out activities under the grant. (c) Technical Assistance and Outcomes Data.--The Secretary may use not to exceed 5 percent of the amount appropriated for each fiscal year under subsection (f) to-- (1) provide technical assistance to States in carrying out programs under this section; and (2) collect and disseminate data, including from the reports submitted by the States under subsection (b)(2)(D), on improvements to long-term services and supports provided in the States and the effect that grants under this section had on the availability of such services and supports. (d) Grant Announcements.--Not later than 1 year after the date of enactment of this Act, the Secretary shall announce the opportunity to apply for the initial series of grants under this section. Not later than 2 years after such date, the Secretary shall announce the opportunity to apply for the remaining grants under this section. (e) Report.--Not later than 1 year after the date on which grants are awarded under subsection (b), and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out under grants under this section, including a description of improvements to long-term services and supports provided in the States and the effect that grants under this section had on the availability of such services and supports. (f) Appropriations.-- (1) In general.--There is authorized to be appropriated-- (A) to award grants under subsection (a), $50,000,000, to be used during the first fiscal year for which such grants are awarded; and (B) to award grants under subsection (b), $250,000,000, to be available until expended. (2) Additional amounts.--In addition to amounts appropriated under paragraph (1)(B) for a fiscal year, the Secretary may use any amounts appropriated under paragraph (1)(A) and remaining unexpended after fiscal year 2015 to award grants under subsection (b). (g) Definition.--In this Act, the term ``long-term services and supports'' means the services and supports described in section 321(a) of the Older Americans Act of (42 U.S.C. 3030d(a) et seq.).

Living Independently for Extended Time Act or the LIFETIME Act This bill requires the Department of Health and Human Services to award grants to enable eligible states to develop innovative programs to meet the unique need for long-term services and supports in the state.

LIFETIME Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sensible Military Spending Act of 1996''. SEC. 2. REDUCTION IN MILITARY SPENDING. The amount spent by the Federal Government for activities within budget function 050-- (1) during fiscal year 1997, may not exceed $245,000,000,000; (2) during fiscal year 1998, may not exceed $235,000,000,000; (3) during fiscal year 1999, may not exceed $225,000,000,000; (4) during fiscal year 2000, may not exceed $215,000,000,000; and (5) during fiscal year 2001, may not exceed $210,000,000,000. SEC. 3. REDUCTIONS FOR CERTAIN DEPARTMENT OF DEFENSE PROGRAMS. (a) Reduction in Amounts Spent on Ballistic Missile Defense.-- Beginning with fiscal year 1997, the Secretary of Defense may not spend more than $1,250,000,000 during a fiscal year for ballistic missile defense research and development. (b) Limitation on Production of B-2 Bombers.--The Secretary of Defense may not procure more than 20 bombers under the B-2 aircraft program. (c) Termination of Funding for Conventional Arms Subsidies.--The Secretary of Defense may not after the date of the enactment of this Act obligate any funds to subsidize the marketing or financing of the sale of conventional arms to another nation. (d) Termination of Production of New SSN-21 Seawolf Attack Submarines.--The Secretary of Defense may not after the date of the enactment of this Act procure any additional vessels in the Seawolf attack submarine class. (e) Reduction in Spending on New Attack Submarine Program.--The amount spent by the Secretary of Defense on the new attack submarine program during fiscal year 1997 and each fiscal year thereafter may not exceed 10 percent of the amount spent on such program during fiscal year 1996. (f) Reduction in Spending on F-22 Advanced Tactical Fighter Program.--The amount spent by the Secretary of Defense on the F-22 Advanced Tactical Fighter program during fiscal year 1997 and each fiscal year thereafter may not exceed 25 percent of the amount spent on such program during fiscal year 1996. (g) Termination of Production of New Trident II D-5 Nuclear Missiles.--The Secretary of Defense may not after the date of the enactment of this Act procure any additional Trident II D-5 nuclear missiles. (h) Reduction in Spending on Foreign Intelligence.--The amount spent on foreign intelligence activities of the Government during fiscal year 1997 and each fiscal year thereafter may not exceed 90 percent of the amount spent on such activities during fiscal year 1996. (i) Cancellation of New Aircraft Carrier.--The Secretary of Defense shall cancel the new aircraft carrier program of the Department of the Navy. No funds may be obligated for that program after the date of the enactment of this Act. (j) Cancellation of MILSTAR Satellites.--The Secretary of Defense shall cancel the procurement of new MILSTAR satellites. No funds may be obligated for such satellites after the date of the enactment of this Act. (k) Termination of Production of C-17 Cargo Aircraft.--The Secretary of Defense shall terminate procurement of the C-17 cargo aircraft. No funds appropriated for a fiscal year after fiscal year 1996 may be obligated for procurement of such aircraft except as necessary to meet required contract termination costs. (l) Cancellation of Anti-Satellite Weapons Program.--The Secretary of Defense shall cancel the anti-satellite weapons program. No funds may be obligated for that program after the date of the enactment of this Act. SEC. 4. REDUCTIONS IN MILITARY SPENDING FROM FORCE STRUCTURE CHANGES. The Secretary of Defense shall achieve any additional savings necessary to reduce spending to the level of the funds available in a fiscal year to the Department of Defense by reducing the active duty force structure and by consolidation of bases and laboratories pursuant to section 6. Any reduction in such active duty force structure shall be achieved-- (1) without adverse impact on military readiness and quality of life for the remaining forces; (2) while providing adequate funds for military facility environmental remediation and defense community and worker transition; and (3) while taking into account an increased level of burdensharing by allies. SEC. 5. REDUCTIONS FOR CERTAIN DEPARTMENT OF ENERGY PROGRAMS. (a) Cancellation of New Tritium Production.--The Secretary of Energy shall cancel the tritium production program. No funds may be obligated for that program after the date of the enactment of this Act. (b) Cancellation of Certain Technologies.--The Secretary of Energy may not after the date of the enactment of this Act obligate any funds for technologies used to separate fissile components, including plutonium and highly enriched uranium, from spent nuclear fuel. (c) Reduction in Spending on Nuclear Testing.--Beginning with fiscal year 1997, the Secretary of Energy may not spend more than $50,000,000 during a fiscal year for nuclear test site readiness. (d) Reduction in Spending on Stockpile Stewardship.--The amount spent by the Secretary of Energy on stockpile stewardship in carrying out weapons activities for national security programs during fiscal year 1997 and each fiscal year thereafter may not exceed 50 percent of the amount spent on such stewardship during fiscal year 1996. (e) Cancellation of NIF.--The Secretary of Energy shall terminate construction of the National Ignition Facility. No funds may be obligated for that facility after the date of the enactment of this Act (f) Adequate Funding for Nuclear Weapons Environmental Restoration and Waste Management.--The Secretary of Energy shall provide adequate funds for environmental restoration and waste management activities at nuclear weapons facilities of the Department of Energy in order to meet all compliance requirements. SEC. 6. FURTHER REDUCTIONS THROUGH CONSOLIDATION OF BASES AND LABORATORIES. After taking into account reductions in force structure made pursuant to section 4, the Secretary of Defense and the Secretary of Energy shall achieve any additional savings necessary to reduce spending to the level of the funds available in a fiscal year to the Department of Defense and to the national security programs of the Department of Energy by consolidating bases and laboratories of the Department of Defense, the Department of Energy, and the National Aeronautics and Space Administration.

Sensible Military Spending Act of 1996 - Limits the fiscal year budget for activities within budget function 050 (military spending) to $245 billion for FY 1997, with annual $10 billion reductions in such amounts through FY 2000. Limits such budget to $210 billion in FY 2001. Prohibits the Secretary of Defense, beginning in FY 1997, from spending more than $1.25 billion during a fiscal year for ballistic missile defense research and development. Prohibits the Secretary from: (1) procuring more than 20 bombers under the B-2 aircraft program; (2) obligating any funds to subsidize the marketing or financing of the sale of conventional arms to another nation; (3) procuring any additional vessels in the Seawolf attack submarine class; or (4) procuring any additional Trident II D-5 nuclear submarines. Prohibits the amount of funds expended during FY 1997 and each fiscal year thereafter on: (1) the new attack submarine from exceeding ten percent of its FY 1996 amount; (2) the F-22 advanced tactical fighter program from exceeding 25 percent of its FY 1996 amount; and (3) foreign intelligence activities from exceeding 90 percent of its FY 1996 amount. Directs the Secretary to cancel or terminate the: (1) Navy's new aircraft carrier program; (2) procurement of new MILSTAR satellites; (3) procurement of C-17 cargo aircraft; and (4) anti-satellite weapons program. Directs the Secretary to achieve any additional savings necessary to reach the military spending limits required under this Act by reducing the active duty force structure and by the consolidation of bases and laboratories, with conditions. States that the Secretary of Energy: (1) shall cancel the tritium production program; (2) may not obligate funds after the date of enactment of this Act for technologies used to separate fissile components; (3) beginning with FY 1997, may not spend more than $50 million during a fiscal year for nuclear test site readiness; (4) in carrying out weapons activities for national security programs under the stockpile stewardship program, may not, during FY 1997 and thereafter, exceed 50 percent of its FY 1996 amount; (5) shall terminate construction of the National Ignition Facility; and (6) shall provide adequate funds for environmental restoration and waste management activities at Department of Energy (DOE) nuclear facilities in order to meet all compliance requirements. Directs each Secretary, after taking into account any reductions in force structure under this Act, to achieve any required additional savings by consolidating bases and laboratories of the Department of Defense, DOE, and the National Aeronautics and Space Administration.

Sensible Military Spending Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free and Fair Trade Act of 2011''. SEC. 2. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES. (a) Extension.--Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended by striking ``December 31, 2010'' and inserting ``June 30, 2012''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply to goods entered on or after the 15th day after the date of the enactment of this Act. (2) Retroactive application for certain liquidations and reliquidations.-- (A) In general.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to subparagraph (B), any entry of an article (other than an article described in section 503(b)(5) of the Trade Act of 1974, as amended by section 3(a) of this Act) to which duty-free treatment under title V of the Trade Act of 1974 would have applied if the entry had been made on December 31, 2010, that was made-- (i) after December 31, 2010; and (ii) before the 15th day after the date of the enactment of this Act, shall be liquidated or reliquidated as though such entry occurred on the date that is 15 days after the date of the enactment of this Act. (B) Requests.--A liquidation or reliquidation may be made under subparagraph (A) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (i) to locate the entry; or (ii) to reconstruct the entry if it cannot be located. (C) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subparagraph (A) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (3) Definition.--As used in this subsection, the term ``entry'' includes a withdrawal from warehouse for consumption. SEC. 3. INELIGIBILITY OF CERTAIN SLEEPING BAGS FOR PREFERENTIAL TREATMENT UNDER THE GENERALIZED SYSTEM OF PREFERENCES. (a) In General.--Section 503(b) of the Trade Act of 1974 (19 U.S.C. 2463(b)) is amended by adding at the end the following: ``(5) Certain sleeping bags.--An article classifiable under subheading 9404.30.80 of the Harmonized Tariff Schedule of the United States shall not be an eligible article for purposes of subsection (a).''. (b) Applicability.--The amendment made by subsection (a) shall apply to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. SEC. 4. EXTENSION OF ANDEAN TRADE PREFERENCE ACT. (a) Extension.--Section 208(a) of the Andean Trade Preference Act (19 U.S.C. 3206(a)) is amended-- (1) in paragraph (1)(A), by striking ``February 12, 2011'' and inserting ``June 30, 2012''; and (2) in paragraph (2), by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (b) Treatment of Certain Apparel Articles.--Section 204(b)(3) of the Andean Trade Preference Act (19 U.S.C. 3203(b)(3)) is amended-- (1) in subparagraph (B)-- (A) in clause (iii)-- (i) in subclause (II), by striking ``8 succeeding 1-year periods'' and inserting ``9 succeeding 1-year periods''; and (ii) in subclause (III)(bb), by striking ``and for the succeeding 3-year period'' and inserting ``and for the succeeding 4-year period''; and (B) in clause (v)(II), by striking ``7 succeeding 1-year periods'' and inserting ``8 succeeding 1-year periods''; and (2) in subparagraph (E)(ii)(II), by striking ``February 12, 2011'' and inserting ``June 30, 2012''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to articles entered on or after the 15th day after the date of the enactment of this Act. (2) Retroactive application for certain liquidations and reliquidations.-- (A) In general.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to subparagraph (B), any entry of an article to which duty-free treatment or other preferential treatment under the Andean Trade Preference Act would have applied if the entry had been made on February 12, 2011, that was made-- (i) after February 12, 2011; and (ii) before the 15th day after the date of the enactment of this Act, shall be liquidated or reliquidated as though such entry occurred on the date that is 15 days after the date of the enactment of this Act. (B) Requests.--A liquidation or reliquidation may be made under subparagraph (A) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (i) to locate the entry; or (ii) to reconstruct the entry if it cannot be located. (C) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subparagraph (A) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (3) Definition.--As used in this subsection, the term ``entry'' includes a withdrawal from warehouse for consumption. SEC. 5. OFFSET. (a) In General.--Notwithstanding any other provision of law, of all unobligated Federal funds available, $2,300,000,000 in appropriated discretionary unexpired funds are rescinded. (b) Implementation.--Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall-- (1) identify the accounts and amounts rescinded to implement subsection (a); and (2) submit a report to the Secretary of the Treasury and Congress of the accounts and amounts identified under paragraph (1) for rescission. (c) Exception.--This section shall not apply to the unobligated Federal funds of the Department of Defense or the Department of Veterans Affairs. SEC. 6. COMPLIANCE WITH PAYGO. 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.

Free and Fair Trade Act of 2011 - Amends the Trade Act of 1974 to extend duty-free treatment under the Generalized System of Preferences (GSP) through June 30, 2012. Requires the liquidation or reliquidation (refund of duties) on such articles that entered into the United States after December 31, 2010, and before the 15th day after enactment of this Act. Makes ineligible for such treatment certain imported sleeping bags. Amends the Andean Trade Preference Act (ATPA) to extend duty-free treatment or other preferential treatment of the products of Colombia and Ecuador through June 30, 2012. Extends through FY2012 preferential treatment for apparel articles assembled in one or more beneficiary countries from regional fabrics or regional components, and specified other type apparel (brassieres). Requires the liquidation or reliquidation (refund of duties) on such articles that entered into the United States after February 12, 2011, and before the 15th day after enactment of this Act. Extends the President's authority to take bilateral emergency action to grant duty-free treatment of certain apparel articles imported from an ATPDEA beneficiary country. Rescinds $2.3 billion in appropriated discretionary unexpired federal funds.

A bill to extend certain trade preference programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ATM Fee Reform Act of 1996''. SEC. 2. ELECTRONIC FUND TRANSFER FEE DISCLOSURES AT ANY HOST ATM. Section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b) is amended-- (1) by striking ``(d) In the event'' and inserting ``(d) Applicability to Service Providers Other Than Certain Financial Institutions.-- ``(1) In general.--In the event''; and (2) by adding at the end the following new paragraph: ``(2) Fee disclosures at electronic terminals.-- ``(A) In general.--The regulations prescribed under paragraph (1) shall require any host electronic terminal operator who imposes a fee on any consumer for providing host transfer services to such consumer to provide notice in accordance with subparagraph (B) to the consumer (at the time the service is provided) of-- ``(i) the fact that a fee is imposed by such operator for providing the service; and ``(ii) the amount of any such fee. ``(B) Notice requirements.--The notice required under subparagraph (A) with respect to any fee described in such subparagraph shall-- ``(i) be posted in a prominent and conspicuous location on or at the electronic terminal at which the electronic fund transfer is initiated by the consumer; and ``(ii) appear on the screen of the electronic terminal, or on a paper notice issued from the terminal, after the transaction is initiated and before the consumer is irrevocably committed to completing the transaction. ``(C) Prohibition on fees not properly disclosed and explicitly assumed by consumer.--No fee may be imposed by any host electronic terminal operator in connection with any electronic fund transfer initiated by a consumer for which a notice is required under subparagraph (A), unless-- ``(i) the consumer receives such notice in accordance with subparagraph (B); and ``(ii) the consumer elects to continue in the manner necessary to effect the transaction after receiving such notice. ``(D) Definitions.--For purposes of this paragraph, the following definitions shall apply: ``(i) Electronic fund transfer.--The term `electronic fund transfer' includes a transaction which involves a balance inquiry initiated by a consumer in the same manner as an electronic fund transfer, whether or not the consumer initiates a transfer of funds in the course of the transaction. ``(ii) Host electronic terminal operator.-- The term `host electronic terminal operator' means any person who-- ``(I) operates an electronic terminal at which consumers initiate electronic fund transfers; and ``(II) is not the financial institution which holds the account of any such consumer from which the transfer is made. ``(iii) Host transfer services.--The term `host transfer services' means any electronic fund transfer made by a host electronic terminal operator in connection with a transaction initiated by a consumer at an electronic terminal operated by such operator.''. SEC. 3. AGENCY REPORTS OF COMPLIANCE WITH REGULATION E. (a) In General.--Section 918 of the Electronic Fund Transfer Act (15 U.S.C. 1693p) is amended by adding at the end the following new subsection: ``(c) Compliance and Trends.-- ``(1) Regulation e compliance reports.--Each agency responsible under section 917 for enforcing compliance with the requirements imposed under this title shall submit an annual report to the Congress on the degree to which entities which are subject to the jurisdiction of such agency under this title are in compliance with regulations prescribed by the Board under section 904(d). ``(2) Trends in fees imposed by host atm operators.--Each report submitted by an agency pursuant to paragraph (1) shall include a description of any discernible trend, in the Nation as a whole and in each region-- ``(A) in the imposition of fees for which notices are required under section 904(d)(2); and ``(B) in the rate of compliance with regulations prescribed pursuant to such section. ``(3) Separate submission not required.--The information required to be submitted to the Congress under this subsection may be included in any other annual report submitted to the Congress by such agency.''. SEC. 4. DISCLOSURE OF POSSIBLE FEES TO CONSUMERS WHEN ATM CARD IS ISSUED. Section 911 of the Electronic Fund Transfer Act (15 U.S.C. 1693i) is amended by adding at the end the following new subsection: ``(d) Disclosure of Possible EFT Fees.--Whenever a card, code, or other means of access to a consumer's account is issued for the purpose of initiating electronic fund transfers from such account, the person issuing the card, code, or other means of access shall provide a written notice to the accountholder that a fee may be imposed by-- ``(1) a host electronic terminal operator (as defined in section 904(d)(2)(D)(ii)) if the consumer initiates a transfer from an electronic terminal which is not operated by the person issuing the card or other means of access; and ``(2) any national, regional, or local network utilized to effect the transaction.''. SEC. 5. FEASIBILITY STUDY. (a) In General.--The Comptroller General of the United States shall conduct a study of the feasibility of prohibiting the imposition of any fee by any person in connection with any electronic fund transfer initiated by a consumer through the use of an electronic terminal unless-- (1) a notice is provided to the consumer before the consumer is irrevocably committed to completing the transaction, which clearly states the amount of any fee which will be imposed upon the consummation of the transaction by-- (A) any host electronic terminal operator (as defined in section 904(d)(2)(D)(ii) of the Electronic Fund Transfer Act) involved in the transaction; (B) the financial institution holding the account of the consumer; (C) any national, regional, or local network utilized to effect the transaction; and (D) any other party involved in the transfer; and (2) the consumer elects to consummate the transaction after receiving the notice described in paragraph (1). (b) Factors To Be Considered.--In conducting the study required under subsection (a) with regard to the notice requirement described in such subsection, the Comptroller General shall consider the following factors: (1) The availability of appropriate technology. (2) Implementation and operating costs. (3) The competitive impact any such notice requirement would have on various sizes and types of institutions, if implemented. (4) The period of time which would be reasonable for implementing any such notice requirement. (5) The extent to which consumers would benefit from any such notice requirement. (6) Any other factor the Comptroller General determines to be appropriate in analyzing the feasibility of imposing any such notice requirement. (c) Report to the Congress.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Comptroller General shall submit a report to the Congress containing-- (1) the findings and conclusions of the Comptroller General in connection with the study required under subsection (a); and (2) the recommendation of the Comptroller General with regard to the question of whether a notice requirement described in subsection (a) should be implemented and, if so, how such requirement should be implemented.

ATM Fee Reform Act of 1996 - Amends the Electronic Fund Transfer Act to mandate fee disclosures at the time of service by any host electronic terminal operator which imposes a fee for providing host transfer services to a consumer. Requires each agency responsible for compliance enforcement under the Act to report annually to the Congress on compliance and on regional and national trends in fees imposed by host ATM operators. Mandates the disclosure to consumers whenever an electronic means of accessing the consumer's account is issued of possible fees for initiating electronic fund transfers. Requires the Comptroller General to study the feasibility of prohibiting the imposition of an electronic fund transfer fee unless notice has been provided before the consumer is irrevocably committed to completing the transaction.

ATM Fee Reform Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elderly Housing Quality Improvement Act of 2002''. SEC. 2. GRANTS FOR REPAIRS OF ELDERLY HOUSING. Section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) is amended by striking subsection (h) and inserting the following new subsection: ``(h) Authorization of Appropriations for Capital Repair Grants.-- For grants for activities under subsection (a)(1) there is authorized to be appropriated $200,000,000 for each of fiscal years 2003, 2004, 2005, 2006, and 2007.''. SEC. 3. AFFORDABLE ASSISTED LIVING FACILITIES. Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following new section: ``SEC. 36. GRANTS FOR CONVERSION OF PUBLIC HOUSING TO ASSISTED LIVING FACILITIES. ``(a) Grant Authority.--The Secretary may make grants in accordance with this section to public housing agencies for use for activities designed to convert dwelling units in eligible projects described in subsection (b) to assisted living facilities or other facilities that expand the availability of supportive services, to enhance the ability of elderly persons to maintain independent living. ``(b) Eligible Projects.--An eligible project described in this subsection is a public housing project (or a portion thereof) that is primarily occupied by elderly persons. ``(c) Applications.--Applications for grants under this section shall be submitted to the Secretary in accordance with such procedures as the Secretary shall establish. Such applications shall contain-- ``(1) a description of the proposed conversion activities for which a grant under this section is requested; ``(2) the amount of the grant requested; ``(3) a description of the resources that are expected to be made available, if any, in conjunction with the grant under this section; and ``(4) such other information or certifications that the Secretary determines to be necessary or appropriate. ``(d) Funding for Services.--The Secretary may not make a grant under this section unless the application contains sufficient evidence, in the determination of the Secretary, that there will be adequate funding for supportive services for residents of the facility converted with grant amounts. ``(e) Service Coordinators.--An application for a grant under this section may include a request for, and the Secretary may provide funds under a grant under this section for, amounts to provide service coordinators to assist in the provision of supportive services for residents of the facilities converted with grant amounts. ``(f) Selection Criteria.--The Secretary shall select applications for grants under this section based upon selection criteria, which shall be established by the Secretary and shall include-- ``(1) the extent to which the conversion is likely to provide assisted living facilities or supportive services that are needed or are expected to be needed by the categories of elderly persons that the assisted living facility is intended to serve; ``(2) the extent of financial need on the part of the applicant for funding to carry out the conversion activities proposed; ``(3) the extent to which the agency has evidenced community support for the conversion, by such indicators as letters of support from the local community for the conversion and financial contributions from public and private sources; ``(4) the extent to which the applicant demonstrates a strong commitment to promoting the autonomy and independence of the elderly persons that the assisted living facility or other supportive services facility is intended to serve; ``(5) the quality, completeness, and managerial capability of providing services to elderly residents, especially in such areas as meals, 24-hour staffing, and on-site health care; and ``(6) such other criteria as the Secretary determines to be appropriate to ensure that funds made available under this section are used effectively. ``(g) Definition.--For the purposes of this section, the term `assisted living facility' has the meaning given such term in section 232(b) of the National Housing Act (12 U.S.C. 1715w(b)). ``(h) Authorization of Appropriations.--There is authorized to be appropriated for providing grants under this section such sums as may be necessary for each of fiscal years 2003, 2004, 2005, 2006, and 2007.''. SEC. 4. ELDERLY HOUSING SERVICE COORDINATORS. (a) Authorization of Appropriations for Federally Assisted Housing.--For grants under section 676 of the Housing and Community Development Act of 1992 (42 U.S.C. 13632) for providing service coordinators and for contracts under section 802 of the Cranston- Gonzalez National Affordable Housing Act (42 U.S.C. 8011) to provide congregate services programs for eligible residents of eligible housing projects under subparagraphs (B) through (D) of subsection (k)(6) of such section, there is authorized to be appropriated to the Secretary of Housing and Urban Development, for each of fiscal years 2003, 2004, 2005, 2006, and 2007-- (1) such sums as may be necessary to renew all grants under such sections that were made for prior fiscal years; and (2) $30,000,000 for grants in addition to such renewal grants. (b) Public Housing.--There is authorized to be appropriated to the Secretary of Housing and Urban Development, for each of fiscal years 2003, 2004, 2005, 2006, and 2007, for grants for use only for activities described in paragraph (2) of section 34(b) of the United States Housing Act of 1937 (42 U.S.C. 1437z-6(b)(2))-- (1) such sums as may be necessary to renew all grants for providing service coordinators and congregate services for the elderly and disabled in public housing that were made in prior fiscal years; and (2) $20,000,000 for grants in addition to such renewal grants. SEC. 5. MIXED FINANCE PILOT PROGRAM. (a) Authority.--The Secretary of Housing and Urban Development shall carry out a pilot program under this section to determine the effectiveness and feasibility of providing assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for housing projects that are used both for supportive housing for the elderly and for other types of housing, which may include market rate housing. (b) Scope.--Under the pilot program the Secretary shall provide, to the extent that sufficient approvable applications for such assistance are received, assistance in the manner provided under subsection (d) for not more than five housing projects. (c) Mixed Use.--The Secretary shall require, for a project to be assisted under the pilot program-- (1) that a portion of the dwelling units in the project be reserved for use in accordance with, and subject to, the requirements applicable to units assisted under section 202 of the Housing Act of 1959; and (2) that the remainder of the dwelling units be used for other purposes. (d) Financing.--The Secretary may use amounts provided for assistance under section 202 of the Housing Act of 1959 for assistance under the pilot program for capital advances in accordance with subsection (d)(1) of such section and project rental assistance in accordance with subsection (d)(2) of such section, only for dwelling units described in subsection (c)(1) of this section. Any assistance provided pursuant to subsection (d)(1) of such section 202 shall be provided in the form of a capital advance, subject to repayment as provided in such subsection, and shall not be structured as a loan. The Secretary shall take such action as may be necessary to ensure that the repayment contingency under such subsection is enforceable for projects assisted under the pilot program and to provide for appropriate protections of the interests of the Secretary in relation to other interests in the projects so assisted. (e) Waiver Authority.--Notwithstanding subsection (c)(1) of this section, the Secretary may waive the applicability of any provision of section 202 of the Housing Act of 1959 for any project assisted under the pilot program under this section as may be appropriate to carry out the program, except to the extent inconsistent with this section.

Elderly Housing Quality Improvement Act of 2002 - Amends the Housing Act of 1959 to authorize appropriations for capital repair grants under the supportive housing for the elderly program.Amends the United States Housing Act of 1937 to authorize: (1) the Secretary of Housing and Urban Development to make grants to public housing agencies to convert public housing units primarily occupied by elderly persons to assisted living or other supportive services facilities in order to enhance such persons' ability to maintain independent living; and (2) such grants to provide for service coordinators.Authorizes appropriations for elderly housing service coordinators and congregate services under specified federally-assisted and public housing programs.Directs the Secretary to carry out a pilot program (up to five housing projects) to determine the effectiveness of providing assistance under the supportive housing for the elderly program for projects that are used for both supportive housing for the elderly and for other types of housing, including market rate housing.

To improve the quality of, and provide, housing for elderly families.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission of the Federal Response to Natural Disasters in Puerto Rico Act of 2018''. SEC. 2. ESTABLISHMENT AND PURPOSE. (a) Establishment.--There is established a National Commission of the Federal Response to Natural Disasters in Puerto Rico (in this Act referred to as the ``Commission''). (b) Purpose.--The purpose of the Commission is to examine the Federal preparedness, response, and recovery to the 2017 natural disasters in Puerto Rico, including the Federal Government's consideration of the following aspects: (1) Federal preparedness activities prior to Hurricanes Irma and Maria, including Federal plans for the 2017 hurricane season and decisionmaking regarding prepositioning contracts and supplies. (2) Federal response activities during Hurricanes Irma and Maria, including Federal coordination, distribution of assistance, and contracting. (3) Federal recovery activities after Hurricanes Irma and Maria, including Federal efforts to obtain accurate accounting of the death toll, damage impacts, and long-term rebuilding assistance for survivors. SEC. 3. CONSIDERATIONS. To carry out its examination, the Commission shall take into consideration the Federal preparedness, response, and recovery efforts in Puerto Rico as compared to other jurisdictions that were impacted by the 2017 hurricane season, as well as the following issues: (1) The impact and destruction of Hurricane Irma, Hurricane Maria, the resulting landslides, and flooding. (2) The adequacy of the death toll methodology and processes, and whether previous death counts and mortality estimates slowed or otherwise affected Federal response efforts. (3) The Federal emergency and contingency plans in place before the 2017 hurricane season. (4) The Federal preparedness guidelines issued ahead of the 2017 hurricane season. (5) The vulnerability of Puerto Rico's economic situation on Federal preparedness. (6) The implications of Puerto Rico's reliance on imported oil for power generation. (7) The adequacy of the telecommunications network in Puerto Rico. (8) The capacity of the local government and Federal Government to quickly mobilize and respond to disasters and emergencies in Puerto Rico. (9) The impact of the uncertainty in long-term Federal health care funding on medical and emergency readiness. (10) The implication of Puerto Rico's treatment under the Internal Revenue Code of 1986 and its impact on readiness. (11) The adequacy of available data and its effects on the Federal response. (12) The geographic, ecological, and infrastructure issues that could have affected response efforts. (13) A comparison of response efforts in other United States jurisdictions vis-a-vis efforts in Puerto Rico for the 2017 hurricane season. SEC. 4. COMPOSITION AND COMPENSATION OF COMMISSION. (a) Members.--The Commission shall be composed of 8 members, of whom two shall be appointed by the Speaker of the House of Representatives, two shall be appointed by the Majority Leader of the Senate, two shall be appointed by the Minority Leader of the House of Representatives, and two shall be appointed by the Minority Leader of the Senate. (b) Chair and Vice Chair.--The Commission, by majority vote, shall choose a Chair and Vice Chair. (c) Qualifications and Restrictions.-- (1) In general.--Individuals shall be selected for appointment on the Commission solely on the basis of their professional qualifications, experience, and expertise in relevant fields, including disaster response and emergency preparedness. (2) Restrictions.--Individuals may not be an officer or employee of the Federal Government or any State, or a current elected official of the local government. (d) Appointment.-- (1) In general.--All members of the Commission shall be appointed not later than 30 days after the date of the enactment of this Act. (2) Presidential authority.--The President shall have no authority to terminate the appointment of any member of the commission. (e) Vacancies.--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 not later than 60 days after the date on which the vacancy occurs. (f) Compensation.-- (1) In general.--Members of the Commission may be compensated for travel expenses necessary to conduct the work and services for the Commission. (2) Travel expenditures.--Members shall be allowed travel expenditures, 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 of title 5, United States Code. (g) Staff.-- (1) In general.--With a majority vote of the Commission, members may recruit personnel to assist with the Commission's work, including the creation of the report. (2) Personnel.--Any such personnel may include private citizens, employees or detailees of the Federal Government, or employees of the territorial government. SEC. 5. FUNCTIONS AND POWERS OF THE COMMISSION. (a) Quorum.-- (1) In general.--Not later than 60 days after the date on which all members of the Commission have been appointed, the Commission shall meet and begin the operations of the Commission. (2) Subsequent meetings.--Each subsequent meeting shall occur upon the call of the Chair or a majority of its members. (3) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold meetings. (b) Public Meetings.--The Commission shall host not less than 10 public meetings in locations that are accessible to individuals of every municipality with elected officials, local community leaders, academic institutions, for-profit and non-for-profit organizations, and individuals in Puerto Rico to the extent appropriate. (c) Written Input.--The Commission shall allow participants both in Puerto Rico and the mainland to provide written input to be included in an appendix of the final report. (d) Hearings.-- (1) In general.--The Commission may hold hearings, take testimony, and receive evidence for its investigation. (2) Protection of information.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. (e) Subpoenas.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses, and requiring the submission of data, books, records, correspondence, memoranda, papers, documents, electronic files, metadata, tapes, and materials of any nature relating to any matter under investigation. (f) Information From Agencies.--The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics. (g) GSA Services.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (h) Federal Assistance From Other Agencies.--Departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (i) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 6. REPORTS OF COMMISSION. (a) Report.--Not later than 12 months after the date of the enactment of this Act, the Commission shall submit to the President and Congress a final report on the causes and circumstances surrounding the natural disasters in Puerto Rico, including preparedness and immediate response, and providing recommendations to guard against future natural disasters outside of the continental United States, which shall contain findings, conclusions, and recommendations as have been agreed to by a majority of Commission members and shall-- (1) be made available to the public in the English and Spanish languages; (2) include findings for the issues described in section 2; and (3) include-- (A) the number and nature of complaints filed to the Inspectors General for Federal agencies responsible in the aftermath of the 2017 natural disasters; (B) details on Federal procurement and acquisition practices in the aftermath of the 2017 natural disasters; (C) details on disaster mitigation protocols given cultural and language differences; and (D) disaster response processes taking into account demographics (age, race, gender, income) and the impact on segments of the population with disabilities. (b) Appendix.--An appendix to the final report shall include written input of participants in Puerto Rico and the mainland. (c) Interim Report.--Not later than 6 months after the date of enactment of this Act, the Commission shall provide to Congress an interim report. SEC. 7. SUNSET. The Commission shall terminate on the day that is 90 days after the date on which the final report is submitted. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $3,000,000 to carry out this Act, to remain available until expended.

National Commission of the Federal Response to Natural Disasters in Puerto Rico Act of 2018 This bill establishes a National Commission of the Federal Response to Natural Disasters in Puerto Rico to examine the federal preparedness, response, and recovery to the 2017 natural disasters in Puerto Rico. The commission shall take into consideration the federal preparedness, response, and recovery efforts in Puerto Rico as compared to other jurisdictions impacted by the 2017 hurricane season, and consider other issues, including the impact and destruction of Hurricanes Irma and Maria, the vulnerability of Puerto Rico's economic situation on preparedness, the implications of Puerto Rico's reliance on imported oil for power generation, and the adequacy of the telecommunications network in Puerto Rico.

National Commission of the Federal Response to Natural Disasters in Puerto Rico Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Beneficiary Enrollment Notification and Eligibility Simplification Act of 2017'' or the ``BENES Act of 2017''. SEC. 2. ELIGIBILITY AND ENROLLMENT NOTIFICATION. (a) Notification Requirements.--Section 1804 of the Social Security Act (42 U.S.C. 1395b-2) is amended by adding at the end the following new subsection: ``(d) Eligibility Information.-- ``(1) Coordination of notice.--The Secretary, in consultation with representatives of each of the groups described in paragraph (2)(A), and in coordination with the Commissioner of Social Security and the Secretary of the Treasury, shall prepare and distribute a notice, in accordance with this subsection, to potentially eligible Medicare individuals. ``(2) Groups for consultation.-- ``(A) In general.--For purposes of paragraph (1), the groups described in this subparagraph include the following: ``(i) Individuals who are more than 60 years of age. ``(ii) Individuals with disabilities. ``(iii) Individuals with end stage renal disease. ``(iv) Low-income individuals and families. ``(v) Employers (including human resources professionals). ``(vi) States (including representatives of State-run Health Insurance Exchanges, Medicaid offices, and Departments of Insurance). ``(vii) State Health Insurance Assistance Programs. ``(viii) Health insurers. ``(ix) Health insurance agents and brokers. ``(x) Such other groups as specified by the Secretary. ``(B) Nonapplication of faca.--The Federal Advisory Committee Act shall not apply to consultations made pursuant to paragraph (1) with groups described in subparagraph (A). ``(3) Contents of notice.--The notice required under paragraph (1) shall contain information on (including a clear, simple explanation of)-- ``(A)(i) eligibility for benefits under this title, and in particular benefits under part B; ``(ii) the possibility of a late enrollment penalty for failure to timely enroll (including the availability of equitable relief); and ``(iii) how to access the Webpage described in paragraph (5); and ``(B) the need for coordination of benefits under part B (including secondary and primary coverage scenarios) imposed under this title, including the effects of enrollment in retiree health coverage; group health coverage; coverage under a group health plan provided by an employer pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986, or title VI of the Employee Retirement Income Security Act of 1974; coverage under a qualified health plan offered through an Exchange established under title I of the Patient Protection and Affordable Care Act; and other widely available coverage which may be available to potentially eligible Medicare individuals. ``(4) Timing of notice to potential enrollees.--Beginning one year after the date of the enactment of this subsection, a notice required under paragraph (1) shall be mailed to each potentially eligible Medicare individual no less than two times in accordance with the following: ``(A) The notice shall be provided to such individual on the same schedule and in combination with the individual's Social Security statement. ``(B) In the case that the individual does not receive a Social Security statement, such notice shall be mailed no later than 3 months prior to the date of such individual's initial enrollment period as provided under section 1837 and shall subsequently be provided to such individual no later than one month prior to such date. ``(5) Creation of a centralized enrollment webpage.--The information contained in notices required under this subsection shall be made available through a new Webpage to be maintained by the Secretary. Such Webpage shall include both Social Security and Medicare online tools in a coordinated and organized manner, and shall also contain, or link to, such other eligibility tools, services, notices (including with respect to the availability of equitable relief), and other information as determined by the Secretary, in consultation with groups described in paragraph (2) for the purposes of being available to potentially eligible Medicare individuals. ``(6) Interagency coordination.--Beginning not later than 2 months after the date of the enactment of this subsection, the Secretary, along with the Secretary of the Treasury and the Commissioner of the Social Security Administration, shall undertake all necessary action and coordination to identify potentially eligible individuals and in order to provide such individuals with notifications under this subsection in accordance with paragraph (4). ``(7) Notification improvement.--The Secretary shall, no less than once every fiscal year, review the content of the notices required under this subsection and the practices of providing such notices to individuals, and shall update and revise such notices and practices as the Secretary deems appropriate. ``(8) Potentially eligible medicare individual defined.-- For purposes of this subsection, the term `potentially eligible Medicare individual' means an individual, with respect to a month, who is expected to satisfy the description in paragraph (1) or (2) of section 1836 during such month or during any of the subsequent 11 months.''. (b) Disclosure Authority.--Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information to carry out eligibility notification requirements for certain programs.-- ``(A) In general.--The Secretary, upon request from the Secretary of Health and Human Services, shall disclose to officers, employees, and contractors of the Department of Health and Human Services and the Social Security Administration return information of any taxpayer who is a potentially eligible Medicare individual (as defined in section 1804(d)(8) of the Social Security Act). Such return information shall be limited to-- ``(i) taxpayer identity information with respect to such taxpayer, including the age and address or other location of such taxpayer, ``(ii) the filing status of such taxpayer, ``(iii) such other information as is prescribed by the Secretary of Health and Human Services by regulation as might indicate whether the taxpayer is eligible for coverage under such title, and ``(iv) the taxable year with respect to which the preceding information relates or, if applicable, the fact that such information is not available. ``(B) Restriction on use of disclosed information.--Return information disclosed under subparagraph (A) may be used by officers, employees, and contractors of the Department of Health and Human Services or the Social Security Administration only for the purposes of, and to the extent necessary in, establishing potential eligibility for benefits under title XVIII of the Social Security Act.''. (c) Computer Matching Agreement.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, the Secretary of the Treasury, and the Commissioner of Social Security shall enter into a computer matching agreement pursuant to section 552a(o) of title 5 of the United States Code for the purposes of implementing section 1804(d) of the Social Security Act, as added by subsection (a), and section 6103(l)(23) of the Internal Revenue Code of 1986, as added by subsection (b). (d) Report to Congress.--Not later than 4 years after the date of the enactment of this Act, the Secretary of Health and Human Services, the Secretary of the Treasury, and the Commissioner of Social Security shall submit to Congress a report on the process taken by the relevant agencies in implementing the notice requirement under subsection (d) of section 1804 of the Social Security Act (42 U.S.C. 1395b-2), as added by subsection (a) of this section, the status of notices created pursuant to such section, and an evaluation of the effect of such notices on enrollment under title XVIII of the Social Security Act. Such report shall be made publicly available. SEC. 3. BENEFICIARY MEDICARE PART B ENROLLMENT PERIODS AND EFFECTIVE DATE OF COVERAGE. (a) Effective Dates.--Section 1838(a) of the Social Security Act (42 U.S.C. 1395q(a)) is amended-- (1) by amending paragraph (2) to read as follows: ``(2)(A) in the case of an individual who enrolls pursuant to subsection (d) of section 1837 before the month in which he first satisfies paragraph (1) or (2) of section 1836, the first day of such month, ``(B) in the case of an individual not described in subparagraph (A) who first satisfies such paragraph in a month beginning before January 2019 and who enrolls-- ``(i) pursuant to such subsection (d) in such month in which he first satisfies such paragraph, the first day of the month following the month in which he so enrolls, ``(ii) pursuant to such subsection (d) in the month following such month in which he first satisfies such paragraph, the first day of the second month following the month in which he so enrolls, or ``(iii) pursuant to such subsection (d) more than one month following such month in which he satisfies such paragraph, the first day of the third month following the month in which he so enrolls, ``(C) in the case of an individual not described in subparagraph (A) who enrolls pursuant to subsection (e) of section 1837 in a month beginning before January 2019, the July 1 following the month in which he so enrolls, ``(D) in the case of an individual not described in subparagraph (A) who first satisfies such paragraph in a month beginning on or after January 1, 2019, and who enrolls pursuant to such subsection (d) in such month in which he first satisfies such paragraph or in any subsequent month, the first day of the month following the month in which he so enrolls, or ``(E) in the case of an individual not described in subparagraph (A) who enrolls pursuant to subsection (e) of section 1837 in a month beginning on or after October 15, 2018, the first day of the month following the month in which he so enrolls.''; and (2) by amending paragraph (3) to read as follows: ``(3)(A) in the case of an individual who is deemed to have enrolled on or before the last day of the third month of his initial enrollment period beginning before January 1, 2019, the first day of the month in which he first meets the applicable requirements of section 1836 or July 1, 1973, whichever is later, or ``(B) in the case of an individual who is deemed to have enrolled on or after the first day of the fourth month of his initial enrollment period beginning before January 1, 2019, as prescribed under subparagraphs (B)(i), (B)(ii), (B)(iii), and (C) of paragraph (2) of this subsection.''. (b) General and Special Enrollment Periods.--Section 1837(e) of the Social Security Act (42 U.S.C. 1395p(e)) is amended to read as follows: ``(e) Enrollment Periods.-- ``(1) For coverage during years before 2019.--There shall be a general enrollment period during the period beginning on January 1 and ending on March 31 of each year before 2019. ``(2) For coverage during years beginning with 2019.--For 2019 and each subsequent year: ``(A) In general.--Subject to subparagraph (B), there shall be a general enrollment period beginning on October 15 of the previous year through December 31 of such previous year. ``(B) Exceptional circumstances.--The Secretary shall establish special enrollment periods in the case of a potentially eligible Medicare individual (as defined in section 1804(d)(8)) who meets such exceptional conditions as the Secretary may provide.''. (c) Technical Correction.--Section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended by striking ``close of the enrollment period'' each place it appears and inserting ``close of the month''.

Beneficiary Enrollment Notification and Eligibility Simplification Act of 2017 or the BENES Act of 2017 This bill amends title XVIII (Medicare) of the Social Security Act and the Internal Revenue Code to: establish requirements for the Centers for Medicare & Medicaid Services (CMS) to notify individuals of their potential eligibility for Medicare, require the Internal Revenue Service to disclose to CMS specified taxpayer information for the purpose of establishing individuals' potential Medicare eligibility, and restructure Medicare enrollment periods and coverage periods.

Beneficiary Enrollment Notification and Eligibility Simplification Act of 2017

SECTION 1. QUALIFIED HYBRID MOTOR VEHICLE CREDITS. (a) Qualified Hybrid Motor Vehicle Purchasers Credit.-- (1) In general.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following: ``SEC. 30B. QUALIFIED HYBRID MOTOR VEHICLE PURCHASERS CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 65 percent of the sum of the credit amounts determined under subsection (b) with respect each qualified hybrid motor vehicle placed in service by the taxpayer during the taxable year. ``(b) Credit Amount.--For purposes of subsection (a)-- ``(1) Fuel economy.--The credit amount determined under this paragraph shall be determined in accordance with the following table: ``In the case of a vehicle which achieves a fuel economy (expressed as a percentage of the 2002 model The credit year city fuel economy) of-- amount is-- At least 125 percent but less than 150 percent......... $400 At least 150 percent but less than 175 percent......... $800 At least 175 percent but less than 200 percent......... $1,200 At least 200 percent but less than 225 percent......... $1,600 At least 225 percent but less than 250 percent......... $2,000 At least 250 percent................................... $2,400. ``(2) Conservation credit.--The amount determined under paragraph (1) with respect to any vehicle shall be increased in accordance with the following table: ``In the case of a vehicle which achieves a lifetime fuel savings (expressed in The credit amount gallons of gasoline) of-- shall be increased by-- At least 1,200 but less than 1,800..................... $250 At least 1,800 but less than 2,400..................... $500 At least 2,400 but less than 3,000..................... $750 At least 3,000......................................... $1,000. ``(c) New Qualified Hybrid Motor Vehicle.--For purposes of this section-- ``(1) In general.--The term `new qualified hybrid motor vehicle' means a motor vehicle-- ``(A) which draws propulsion energy from onboard sources of stored energy which are both-- ``(i) an internal combustion or heat engine using consumable fuel, and ``(ii) a rechargeable energy storage system, ``(B) which has received a certificate of conformity under the Clean Air Act and meets or exceeds the equivalent qualifying California low emission vehicle standard under section 243(e)(2) of the Clean Air Act for that make and model year, and-- ``(i) in the case of a vehicle having a gross vehicle weight rating of 6,000 pounds or less, 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, and ``(ii) in the case of any other vehicle, the Bin 8 Tier II emission standard which is so established, ``(C) which is a passenger automobile or light truck with a gross vehicle weight rating of not more than 8,500 pounds, ``(D) which has a maximum available power of at least 4 percent, ``(E) the original use of which commences with the taxpayer, ``(F) which is acquired for use or lease by the taxpayer and not for resale, and ``(G) which is made by a manufacturer. ``(2) Consumable fuel.--For purposes of paragraph (1)(A)(i), the term `consumable fuel' means any solid, liquid, or gaseous matter which releases energy when consumed by an auxiliary power unit. ``(3) Maximum available power.--The term `maximum available power' means the maximum power available from the rechargeable energy storage system, during a standard 10 second pulse power or equivalent test, divided by such maximum power and the SAE net power of the heat engine. ``(d) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under subpart A and sections 27 and 30 for the taxable year. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Motor vehicle.--The term `motor vehicle' has the meaning given such term by section 30(c)(2). ``(2) Other terms.--The terms `automobile', `passenger automobile', `light truck', and `manufacturer' have the meanings given such terms in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act (42 U.S.C. 7521 et seq.). ``(3) 2002 model year city fuel economy.-- ``(A) In general.--The 2002 model year city fuel economy with respect to a vehicle shall be determined in accordance with the following tables: ``(i) In the case of a passenger automobile: ``If vehicle inertia The 2002 model year weight class is: city fuel economy is: 1,500 or 1,750 lbs................................. 45.2 mpg 2,000 lbs.......................................... 39.6 mpg 2,250 lbs.......................................... 35.2 mpg 2,500 lbs.......................................... 31.7 mpg 2,750 lbs.......................................... 28.8 mpg 3,000 lbs.......................................... 26.4 mpg 3,500 lbs.......................................... 22.6 mpg 4,000 lbs.......................................... 19.8 mpg 4,500 lbs.......................................... 17.6 mpg 5,000 lbs.......................................... 15.9 mpg 5,500 lbs.......................................... 14.4 mpg 6,000 lbs.......................................... 13.2 mpg 6,500 lbs.......................................... 12.2 mpg 7,000 to 8,500 lbs................................. 11.3 mpg. ``(ii) In the case of a light truck: ``If vehicle inertia The 2002 model year weight class is: city fuel economy is: 1,500 or 1,750 lbs................................. 39.4 mpg 2,000 lbs.......................................... 35.2 mpg 2,250 lbs.......................................... 31.8 mpg 2,500 lbs.......................................... 29.0 mpg 2,750 lbs.......................................... 26.8 mpg 3,000 lbs.......................................... 24.9 mpg 3,500 lbs.......................................... 21.8 mpg 4,000 lbs.......................................... 19.4 mpg 4,500 lbs.......................................... 17.6 mpg 5,000 lbs.......................................... 16.1 mpg 5,500 lbs.......................................... 14.8 mpg 6,000 lbs.......................................... 13.7 mpg 6,500 lbs.......................................... 12.8 mpg 7,000 to 8,500 lbs................................. 12.1 mpg. ``(B) Vehicle inertia weight class.--For purposes of subparagraph (A), the term `vehicle inertia weight class' has the same meaning as when defined in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act (42 U.S.C. 7521 et seq.). ``(4) Fuel economy.--Fuel economy with respect to any vehicle shall be measured under rules similar to the rules under section 4064(c). ``(5) Reduction in basis.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(6) No double benefit.--The amount of any deduction or credit allowable under this chapter (other than the credits allowable under this section and section 30) shall be reduced by the amount of credit allowed under subsection (a) for such vehicle for the taxable year. ``(7) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit (including recapture in the case of a lease period of less than the economic life of a vehicle). ``(8) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(9) Election not to take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle. ``(10) Business carryovers allowed.--If the credit allowable under subsection (a) for a taxable year exceeds the limitation under subsection (d) for such taxable year, such excess (to the extent of the credit allowable with respect to property subject to the allowance for depreciation) shall be allowed as a credit carryback and carryforward under rules similar to the rules of section 39. ``(11) Interaction with motor vehicle safety standards.-- Unless otherwise provided in this section, a motor vehicle shall not be considered eligible for a credit under this section unless such vehicle is in compliance with the motor vehicle safety provisions of sections 30101 through 30169 of title 49, United States Code. ``(f) Regulations.-- ``(1) In general.--The Secretary shall promulgate such regulations as necessary to carry out the provisions of this section. ``(2) Determination of motor vehicle eligibility.--The Secretary, after coordination with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall prescribe such regulations as necessary to determine whether a motor vehicle meets the requirements to be eligible for a credit under this section. ``(g) Termination.--This section shall not apply to any property placed in service after December 31, 2009.''. (2) Conforming amendments.-- (A) Section 30(d) of such Code (relating to special rules) is amended by adding at the end the following new paragraph: ``(5) No double benefit.--No credit shall be allowed under this section for any motor vehicle for which a credit is also allowed under section 30B.''. (B) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following: ``(32) to the extent provided in section 30B(e)(7).''. (C) Section 6501(m) of such Code is amended by inserting ``30B(e)(9),'' after ``30(d)(4),''. (D) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following: ``Sec. 30B. Qualified hybrid motor vehicle purchasers credit.''. (3) 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. (4) Sticker information required at retail sale.-- (A) In general.--The Secretary of the Treasury shall issue regulations under which each qualified vehicle sold at retail shall display a notice-- (i) that such vehicle is a qualified vehicle, and (ii) that the buyer may not benefit from the credit allowed under section 30B of the Internal Revenue Code of 1986 if such buyer has insufficient tax liability. (B) Qualified vehicle.--For purposes of paragraph (1), the term ``qualified vehicle'' means a vehicle with respect to which a credit is allowed under section 30B of the Internal Revenue Code of 1986. (b) Qualified Hybrid Motor Vehicle Manufacturers Credit.-- (1) 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. 45J. QUALIFIED HYBRID MOTOR VEHICLE MANUFACTURERS CREDIT. ``(a) In General.--For purposes of section 38, the qualified hybrid motor vehicle manufacturers credit determined under this section is 35 percent of the sum of the credit amounts determined under section 30B(b) with respect to each qualified hybrid motor vehicle produced by the taxpayer. ``(b) Definitions.--For purposes of this section, any term used in this section which is also used in section 30B shall have the meaning given such term by section 30B.''. (2) Credit treated as business credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) the qualified hybrid motor vehicle manufacturers credit determined under section 45J(a).''. (3) 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. 45J. Qualified hybrid motor vehicle manufacturers credit.''. (4) Effective date.--The amendments made by this section shall apply to property produced after the date of the enactment of this Act, in taxable years ending after such date.

Amends the Internal Revenue Code to allow tax credits for purchasers and manufacturers of qualified hybrid motor vehicles. Defines "qualified hybrid motor vehicle" as a motor vehicle which: (1) operates on an internal combustion or heat engine using consumable fuel and a rechargeable energy storage system; (2) meets specified emission standards under the Clean Air Act; (3) is a passenger vehicle or light truck with a gross weight rating of not more than 8,500 pounds; (4) has a maximum available power (defined as the maximum power available from the rechargeable energy storage system during a standard 10-second pulse power or equivalent test, divided by such maximum power and the SAE net power of the heat engine) of at least four percent; and (5) is acquired for use or lease by a taxpayer and not for resale.

To amend the Internal Revenue Code of 1986 to provide tax incentives for the production of qualified hybrid motor vehicles.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hudson-Mohawk River Basin Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Hudson-Mohawk River Basin together with the Erie Canal connects the Great Lakes to the Atlantic Ocean and includes the approximately 13,400 square mile area encompassing the following five large sub-basins: (A) The Upper Hudson River sub-basin. (B) The Mohawk River sub-basin. (C) The Lower Hudson River sub-basin. (D) The Passaic River sub-basin. (E) The Raritan River sub-basin. (2) The Hudson-Mohawk River Basin includes the New York-New Jersey metropolitan area, which is the largest metropolitan area of the country. This metropolitan area, together with the many communities in the Upper Hudson, Mohawk, and Lower Hudson sub-basins, makes the area one of the most densely and heavily populated river basins in the country, with over 15,000,000 people. (3) The water resources of the Hudson-Mohawk River Basin are functionally interrelated and their uses are interdependent. A dedicated program is essential to provide effective communication, coordination, and cooperation among Federal, State, and local governments, nongovernmental organizations, and the private sector. (4) The New York-New Jersey Harbor Estuary is a complex natural harbor at the junction of three major water bodies, the New York Bight, the Hudson River, and the Long Island Sound. In addition, it receives freshwater inputs from the Raritan and Passaic Rivers. The health and productivity of the New York Bight are affected directly by the quality of the freshwater inputs to the estuary from the Hudson, Passaic, and Raritan Rivers. (5) The Mohawk River and its watershed drain directly into the Hudson River, providing the largest freshwater input to the brackish water mix that characterizes the Hudson River Estuary and supports a biologically rich and productive ecosystem. (6) The Mohawk River is integrated with the Erie Canal along much of its channel, tying the operation of the canal system to the health of the Mohawk and Hudson Rivers. (7) Individuals in many communities throughout the Hudson- Mohawk River Basin have experienced devastating flooding that has led to tremendous costs for homeowners, businesses, and State and local governments. A holistic approach to river and stream monitoring, updated floodplain maps, and development of floodplain management strategies based upon improved understanding of the Hudson-Mohawk River Basin's hydrology would make communities safer and more resilient to flood events. (8) Climate change is occurring and, as a result, sea level rise along the United States eastern coastline will increase the vulnerability of coastal communities to storm surge and flooding in the New York-New Jersey harbors and along the major rivers in the Hudson-Mohawk River Basin. (9) Each of the subwatersheds of the Hudson-Mohawk River Basin receives the support of programs administered by Federal, State, regional, and local organizations. (10) New York, New Jersey, Vermont, Massachusetts, and Connecticut have a long history of achievements working together on resource management issues through their memberships in the Delaware River Basin Commission, the Susquehanna River Basin Commission, the Appalachian Regional Commission, the New England Interstate Water Pollution Control Commission, and the Lake Champlain Basin Program. (11) The impacts experienced as a result of recent hurricanes and storms illustrate the need for integrated, basin-wide planning to address water management challenges and vulnerability to flooding. (12) Protecting wetlands, expanding use of green infrastructure, strengthening dams and levees, and upgrading wastewater and water treatment infrastructure will be necessary to reduce the impacts of extreme weather events and maintain water quality and public health. SEC. 3. DEFINITIONS. In this Act: (1) Basin state.--The term ``Basin State'' means each of the States of New York, New Jersey, Connecticut, Massachusetts, and Vermont. (2) Grant program.--The term ``grant program'' means the Hudson-Mohawk River Basin grant program established under section 5. (3) Hudson-mohawk river basin.--The term ``Hudson-Mohawk River Basin'' means the area of drainage of the Hudson, Mohawk, Passaic, and Raritan Rivers and their tributaries into the New York-New Jersey Harbor Estuary. (4) Restoration and protection.--The term ``restoration and protection'' means the conservation, stewardship, and enhancement of habitat for fish and wildlife to preserve and improve ecosystems and ecological processes on which they depend, and for use and enjoyment by the public. (5) Restoration program.--The term ``restoration program'' means the Hudson-Mohawk River Basin restoration program established under section 4. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Water resources.--The term ``water resources'' means all surface waters and ground waters contained or otherwise originating within the Hudson-Mohawk River Basin. SEC. 4. RESTORATION PROGRAM ESTABLISHMENT. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a nonregulatory program to be known as the ``Hudson-Mohawk River Basin Restoration Program''. (b) Duties.--In carrying out the restoration program, the Secretary shall-- (1) draw on existing and new management plans for the Hudson-Mohawk River Basin, or portions of the Basin, and work in consultation with applicable management entities, including representatives of the Federal Government, State and local governments, and regional and nonprofit organizations, as appropriate, to identify, prioritize, and implement water resources activities within the Basin; (2) adopt a Basin-wide strategy that-- (A) coordinates activities being undertaken by the Basin States, advisory committees, local governments, institutions of higher education, and nongovernmental organizations to address environmental, economic, and cultural issues associated with the management and use of water resources in the Hudson-Mohawk River Basin; and (B) supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph (1); and (3) establish the Hudson-Mohawk River Basin grant program in accordance with section 5. (c) Coordination.--In establishing the restoration program, the Secretary shall consult, as appropriate, with-- (1) the heads of Federal agencies, including-- (A) the Administrator of the Environmental Protection Agency; (B) the Administrator of the National Oceanic and Atmospheric Administration; (C) the Chief of the Natural Resources Conservation Service; (D) the Chief of Engineers of the Corps of Engineers; and (E) the head of any other applicable agency; (2) the Governors of the Basin States; (3) other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Hudson-Mohawk River Basin; (4) institutions of higher education and nongovernmental organizations; and (5) other parties as determined by the Secretary. (d) Purposes.--The purposes of the restoration program include-- (1) addressing the management, development, conservation, and use of water resources throughout the Hudson-Mohawk River Basin; (2) coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Hudson-Mohawk River Basin; (3) carrying out coordinated restoration and protection activities and providing for technical assistance throughout the Hudson-Mohawk River Basin and Basin States-- (A) to sustain and enhance fish and wildlife habitat restoration and protection activities; (B) to improve and maintain water quality to support fish and wildlife, as well as the habitats of fish and wildlife, and drinking water; (C) to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat; (D) to improve opportunities for public access and recreation in the Hudson-Mohawk River Basin consistent with the ecological needs of fish and wildlife habitat; (E) to facilitate strategic planning to maximize the resilience of natural systems and habitats under changing watershed conditions; (F) to engage the public through outreach, education, and citizen involvement; and (G) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities; (4) maintaining an inventory of historic and cultural resources of the Hudson-Mohawk River Basin and identifying projects to provide for cultural enrichment, preservation of cultural resources, public education about local heritage and historical significance of properties, canals, and historic sites within the Hudson-Mohawk River Basin; and (5) providing a mechanism to promote communication and coordination among the organizations engaged in water resource management activities to promote collaborative working relationships among all entities working in the Hudson-Mohawk River Basin. SEC. 5. GRANTS AND ASSISTANCE. (a) Hudson-Mohawk River Basin Grant Program.--To the extent that funds are available to carry out this section, the Secretary shall establish a voluntary grant program to be known as the ``Hudson-Mohawk River Basin Grant Program'' to provide-- (1) competitive matching grants of varying amounts to State and local governments, nonprofit organizations, institutions of higher education, and other eligible entities to carry out activities described in section 4(d); and (2) technical assistance to grant recipients. (b) Criteria.--The Secretary, in consultation with the organizations described in section 4(c), shall develop criteria for the grant program to help ensure that activities funded under this section accomplish one or more of the purposes identified in section 4(d) and advance the implementation of priority actions or needs identified in the Basin-wide strategy adopted under section 4(b)(2). (c) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of a project funded under the grant program shall be determined by the Secretary and shall not exceed 80 percent of the total cost of the activity. (2) Non-federal share.--The non-Federal share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials. SEC. 6. ANNUAL REPORTS. Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the implementation of this Act, including a description of each project that has received funding under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary to carry out this Act $25,000,000 for each of fiscal years 2017 through 2023. (b) Use.--Of any amount made available under this section for each fiscal year, the Secretary shall use at least 75 percent to carry out the grant program and to provide, or provide for, technical assistance under such program.

Hudson-Mohawk River Basin Act This bill requires the Department of the Interior to establish a nonregulatory Hudson-Mohawk River Basin Restoration Program, under which it shall: draw on management plans for the Hudson-Mohawk River Basin and work with applicable management entities, including the federal government, state and local governments, and regional and nonprofit organizations, to identify, prioritize, and implement water resources activities within the basin; adopt a basin-wide strategy that coordinates activities being undertaken by the basin states (New York, New Jersey, Connecticut, Massachusetts, and Vermont), advisory committees, local governments, institutions of higher education, and nongovernmental organizations to address environmental, economic, and cultural issues associated with the management and use of water resources in the basin and that supports implementation of science-based restoration and protection activities; and establish the Hudson-Mohawk River Basin grant program to provide competitive matching grants and technical assistance to state and local governments, nonprofit organizations, institutions of higher education, and other eligible entities to carry out specified restoration and protection activities. Program purposes are listed, including: addressing the management, development, conservation, and use of water resources throughout the basin; coordinating restoration and protection activities; carrying out coordinated restoration and protection activities and providing technical assistance throughout the basin states; maintaining an inventory of historic and cultural resources of the basin and identifying projects to provide for cultural enrichment, preservation of cultural resources, public education about local heritage and historical significance of properties, canals, and historic sites within the basin; and providing a mechanism to promote communication, coordination, and collaborative working relationships among entities working in the basin. Interior shall develop criteria to ensure that activities funded through the grant program accomplish identified purposes and advance the implementation of priority actions or needs identified in the basin-wide strategy.

Hudson-Mohawk River Basin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Bridges Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) bridges are important and necessary components of the surface transportation system of the United States; (2) bridges are an important factor in the efficient movement of people and goods; (3) properly maintained and constructed bridges help save lives; (4) more than 25 percent of the bridges on the Interstate System are classified as deficient or in poor condition; and (5) an investment of more than $5,000,000,000 annually is needed to maintain the bridges that are in existence as of the date of enactment of this Act. SEC. 3. BRIDGE DISCRETIONARY PROGRAM. (a) Extension of Program.--Section 144(g) of title 23, United States Code, is amended by striking paragraph (1) and inserting the following: ``(1) Discretionary bridge program.-- ``(A) Set aside.--For each fiscal year, before any apportionment is made under subsection (e), the Secretary shall set aside $500,000,000 from the funds authorized to carry out this section. ``(B) Use of set aside.--The amount set aside under subparagraph (A) shall be available for obligation in the same manner and to the same extent as the sums apportioned under subsection (e), except that-- ``(i) the amount shall be available for obligation at the discretion of the Secretary; ``(ii) for each fiscal year, $8,500,000 of the amount shall be available to carry out section 144A; ``(iii) for each fiscal year, $12,500,000 of the amount shall be available to carry out section 144B; ``(iv) for each fiscal year, $15,000,000 of the amount shall be available to carry out section 144C; and ``(v) the remainder of the amount shall be available in accordance with paragraph (2). ``(C) Other state funds.--Funds made available to a State under subparagraph (B) shall not be considered in determining the apportionments and allocations that the State shall be entitled to receive, under the other provisions of this title and other law, of amounts in the Highway Trust Fund.''. (b) Highway Timber Bridge Research and Construction Program.-- (1) Transfer to title 23.--Section 1039 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 144 note; 105 Stat. 1990) is-- (A) transferred to title 23, United States Code; (B) redesignated as section 144A of that title; and (C) inserted after section 144 of that title. (2) Conforming amendments.-- (A) Section 144A of title 23, United States Code (as added by paragraph (1)), is amended-- (i) by striking the section heading and inserting the following: ``Sec. 144A. Highway timber bridge research and construction program''; (ii) in subsection (e)-- (I) by striking ``of title 23, United States Code, for each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997'' and inserting ``for each of fiscal years 1998 through 2003''; and (II) in paragraph (2), by striking ``($7,000,000 in the case of fiscal year 1992)''; and (iii) by striking subsection (f). (B) The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 144 the following: ``144A. Highway timber bridge research and construction program.''. SEC. 4. INNOVATIVE HIGHWAY STEEL BRIDGE RESEARCH AND CONSTRUCTION PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 144A (as added by section 3(b)(1)) the following: ``Sec. 144B. Innovative highway steel bridge research and construction program ``(a) Research Grants.--The Secretary shall make grants to other Federal agencies, universities, private businesses, nonprofit organizations, and research or engineering entities to carry out research concerning-- ``(1) the development of new, cost-effective highway steel bridge applications; ``(2) the development of engineering design criteria for steel products and materials for use in highway bridges and structures to improve steel design properties; ``(3) the development of highway steel bridges and structures that will withstand natural disasters; ``(4) the development of products, materials, and systems for use in highway steel bridges that demonstrate new alternatives to current processes and procedures with respect to performance in various environments; and ``(5) rehabilitation measures that demonstrate effective, safe, and reliable methods for the use of steel in rehabilitating highway bridges and structures. ``(b) Technology and Information Transfer.--The Secretary shall take such action as is necessary to ensure that the information and technology resulting from research conducted under subsection (a) is made available to State and local transportation departments and other interests as specified by the Secretary. ``(c) Construction Grants.-- ``(1) Authority.--The Secretary shall make grants to States for projects for the construction of steel bridges and structures on Federal-aid highways. ``(2) Applications.-- ``(A) Submission.--A State that desires to receive a grant under this subsection shall submit an application to the Secretary. ``(B) Contents.--The application shall be in such form and contain such information as the Secretary may require by regulation. ``(3) Approval criteria.--The Secretary shall select and approve applications for grants under this subsection based on whether the project that is the subject of the grant-- ``(A) has a design that has both initial and long- term structural integrity; ``(B) has an innovative design, product, material, or system that has the potential for increasing knowledge, cost effectiveness, durability, and future use of the innovation; and ``(C) uses practices and construction techniques that comply with all environmental regulations. ``(d) Federal Share.--The Federal share of the cost of a research or construction project under this section shall be 80 percent. ``(e) Funding.-- ``(1) In general.--From the funds reserved from apportionment under section 144(g)(1) for each of fiscal years 1998 through 2003-- ``(A) $2,500,000 shall be available to the Secretary to carry out subsections (a) and (b); and ``(B) $10,000,000 shall be available to the Secretary to carry out subsection (c). ``(2) Availability.--Sums made available under paragraph (1) shall remain available until expended.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 144A (as added by section 3(b)(2)(B)) the following: ``144B. Innovative highway steel bridge research and construction program.''. SEC. 5. CARBON COMPOSITE BRIDGE RETROFIT RESEARCH AND DEMONSTRATION PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 144B (as added by section 4(a)) the following: ``Sec. 144C. Carbon composite bridge retrofit research and demonstration program ``(a) Research Grants.--The Secretary shall make grants to other Federal agencies and to universities, private businesses, nonprofit organizations, and research or engineering entities, in the United States, to carry out research concerning-- ``(1) the development of new, economical carbon composite highway bridge retrofit systems; ``(2) the development of engineering design criteria for carbon composite products for use in highway bridges in order to improve methods for characterizing carbon composite design properties; ``(3) deployment systems for the incorporation of carbon composites that demonstrate alternative processes for the seismic retrofit of bridges and the rehabilitation of structurally deficient bridge structures; ``(4) alternative carbon composite transportation system structures that demonstrate the development of applications for lighting support, sound barriers, culverts, and retaining walls in highway infrastructure; and ``(5) additional rehabilitation measures that demonstrate effective, safe, and reliable methods for rehabilitating highway infrastructure with carbon composites. ``(b) Technology and Information Transfer.--The Secretary shall take such action as is necessary to ensure that the information and technology resulting from research conducted under subsection (a) is made available to State and local transportation departments and other interests as specified by the Secretary. ``(c) Construction Grants.-- ``(1) Authority.--The Secretary shall make grants to States for projects for the reconstruction or seismic retrofit of bridges on the National Highway System. ``(2) Applications.-- ``(A) Submission.--A State that desires to receive a grant under this subsection shall submit an application to the Secretary. ``(B) Contents.--The application shall be in such form and contain such information as the Secretary may require by regulation. ``(3) Approval criteria.--The Secretary shall select and approve applications for grants under this subsection based on whether the project that is the subject of the grant-- ``(A) has a design that has both initial and long- term structural and environmental integrity; ``(B) has a design that uses carbon composite materials; ``(C) has an innovative design that has the potential for increasing knowledge, cost effectiveness, and future use of the design; ``(D) will ensure the structural integrity of a major river crossing in the New Madrid region during a seismic event; ``(E) will extend the service life of a structurally deficient bridge by at least 15 years; and ``(F) uses bridge retrofit technology and material that are produced in the United States. ``(d) Federal Share.--The Federal share of the cost of a research or construction project under this section shall be 80 percent. ``(e) Funding.-- ``(1) In general.--From the funds reserved from apportionment under section 144(g)(1) for each of fiscal years 1998 through 2003-- ``(A) $1,000,000 shall be available to the Secretary to carry out subsections (a) and (b); and ``(B) $14,000,000 shall be available to the Secretary to carry out subsection (c). ``(2) Availability.--Sums made available under paragraph (1) shall remain available until expended.''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 144B (as added by section 4(b)) the following: ``144C. Carbon composite bridge retrofit research and demonstration program.''.

Safe Bridges Act of 1997 - Amends Federal transportation law to direct the Secretary of Transportation to set aside $800 million per fiscal year for obligation at the Secretary's discretion for the highway bridge replacement and rehabilitation program. Recodifies under Federal law provisions of the Intermodal Surface Transportation Efficiency Act of 1991 relating to the highway timber bridge research and construction program. Directs the Secretary to make grants to carry out research concerning: (1) the development of highway steel bridge applications and materials used in such structures; (2) the development of bridges and structures that will withstand natural disasters and various environments; and (3) using steel in rehabilitating highway bridges and structures. Requires such technology to be made available to State and local transportation departments. Directs the Secretary to make grants to States for projects for the construction of steel bridges and structures on Federal-aid highways, with a Federal cost-share limit of 80 percent of project costs. Provides project funding for FY 1998 through 2003. Directs the Secretary to make grants to carry out research for the development of carbon composite highway bridge retrofit systems and related rehabilitation measures. Requires such technology to be made available to State and local transportation departments. Directs the Secretary to make grants to States for projects for the reconstruction or seismic retrofit of bridges on the national highway system, with a Federal cost-share limit of 80 percent of project costs. Provides project funding for FY 1998 through 2003.

Safe Bridges Act of 1997

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Sexually Violent Predators Act''. SEC. 2. FINDINGS. Congress finds that-- (1) there exists a small but extremely dangerous group of sexually violent persons who do not have a mental disease or defect; (2) persons who are sexually violent predators generally have antisocial personality features that-- (A) are not amenable to mental illness treatment modalities in existence on the date of enactment of this Act; and (B) render the persons likely to engage in sexually violent behavior; (3) the likelihood that sexually violent predators will repeat acts of predatory sexual violence is high; and (4) the prognosis for curing sexually violent predators is poor and the treatment needs of the population of the predators are very long-term. SEC. 3. DEFINITIONS. As used in this Act: (1) Mental abnormality.--The term ``mental abnormality'' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes the person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. (2) Predatory.--The term ``predatory'', with respect to an act, means an act directed towards a stranger, or a person with whom a relationship has been established or promoted, for the primary purpose of victimization. (3) Sexually violent offense.--The term ``sexually violent offense'' means an act that is a violation of title 18, United States Code or State criminal code that-- (A) involves the use or attempted or threatened use of physical force against the person or property of another person; and (B) is determined beyond a reasonable doubt to be sexually motivated. (4) Sexually violent predator.--The term ``sexually violent predator'' means a person who has been convicted of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. SEC. 4. ESTABLISHMENT OF PROGRAM. (a) In General.-- (1) State guidelines.--In accordance with this section, the Attorney General shall establish guidelines for State programs to require a sexually violent predator to register a current address with a designated State law enforcement agency upon release from prison, being placed on parole, or being placed on supervised release. The Attorney General shall approve each State program that complies with the guidelines. (2) State compliance.-- (A) Implementation date.--A State that does not implement a program described in paragraph (1) by the date that is 3 years after the date of enactment of this Act, and maintain the implementation thereafter, shall be ineligible for funds in accordance with subparagraph (B). (B) Ineligibility for funds.-- (i) In general.--A State that does not implement the program as described in subparagraph (A) shall not receive 10 percent of the funds that would otherwise be allocated to the State under section 506 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756). (ii) Reallocation of funds.--Funds made available under clause (i) shall be reallocated, in accordance with such section, to such States as implement the program as described in subparagraph (A). (b) Registration Requirement Upon Release, Parole, or Supervised Release.-- (1) In general.--An approved State program established in accordance with this section shall contain the requirements described in this section. (2) Determination.--The determination that a person is a ``sexually violent predator'' and the determination that a person is no longer a ``sexually violent predator'' shall be made by the sentencing court after receiving a report by a board of experts on sexual offenses. Each State shall establish a board composed of experts in the field of the behavior and treatment of sexual offenders. (3) Notification.--If a person who is required to register under this section is anticipated to be released from prison, paroled, or placed on supervised release, a State prison officer shall, not later than 90 days before the anticipated date of the release or commencement of the parole-- (A) inform the person of the duty to register; (B) inform the person that if the person changes residence address, the person shall give the new address to a designated State law enforcement agency in writing not later than 10 days after the change of address; (C) obtain the name of the person, identifying factors, anticipated future residence, offense history, and documentation of any treatment received for the mental abnormality or personality disorder of the person; and (D) require the person to read and sign a form stating that the duty of the person to register under this section has been explained. (4) Transfer of information to state and the fbi.--Not later than 3 days after the receipt of the information described in paragraph (3)(C), the officer shall forward the information to a designated State law enforcement agency. As soon as practicable after the receipt of the information by the State law enforcement agency, the agency shall-- (A) enter the information into the appropriate State law enforcement record system and notify the appropriate law enforcement agency that has jurisdiction over the area in which the person expects to reside; and (B) transmit the information to the Identification Division of the Federal Bureau of Investigation. (5) Quarterly verification.-- (A) Mailing to person.--Not less than every 90 days after the date of the release or commencement of parole of a person required to register under this section, the designated State law enforcement agency shall mail a nonforwardable verification form to the last reported address of the person. (B) Return of verification form.-- (i) In general.--The person shall return, by mail, the verification form to the agency not later than 10 days after the receipt of the form. The verification form shall be signed by the person, and shall state that the person continues to reside at the address last reported to the designated State law enforcement agency. (ii) Failure to return.--If the person fails to mail the verification form to the designated State law enforcement agency by the date that is 10 days after the receipt of the form by the person, the person shall be in violation of this section unless the person proves that the person has not changed the residence address of the person. (6) Notification of local law enforcement agencies of changes in addresses.--Any change of address by a person required to register under this section that is reported to the designated State law enforcement agency shall as soon as practicable be reported to the appropriate law enforcement agency that has jurisdiction over the area in which the person is residing. (7) Penalty.--A person required to register under a State program established pursuant to this section who knowingly fails to register and keep the registration current shall be subject to criminal penalties in the State. It is the sense of Congress that the penalties should include imprisonment for not less than 180 days. (8) Termination of obligation to register.--The obligation of a person to register under this section shall terminate on a determination made in accordance with the provision of paragraph (2) of this section that the person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. (c) Community Notification.--The designated State law enforcement agency shall release relevant information that is necessary to protect the public concerning a specific sexually violent predator required to register under this section. (d) Immunity for Good Faith Conduct.--Law enforcement agencies, employees of law enforcement agencies, and State officials shall be immune from liability for any good faith conduct under this section.

Sexually Violent Predators Act - Directs the Attorney General to: (1) establish guidelines for State programs to require a sexually violent predator (a person convicted of a sexually violent offense who suffers from a mental abnormality or personality disorder (condition) that makes the person likely to engage in predatory sexually violent offenses) to register a current address with a designated State law enforcement agency (agency) upon being released from prison, being placed on parole, or being placed on supervised release; and (2) approve each State program that complies with the guidelines. Makes a State that does not implement and maintain such a program ineligible to receive ten percent of the funds that would otherwise be allocated to it under the Drug Control and System Improvement Grant Program. Provides for reallocation of such funds to States in compliance. Requires: (1) the sentencing court to make the determination that a person is or is no longer a sexually violent predator after receiving a report by a board of experts on sexual offenses; and (2) each State to establish such a board. Directs a State prison officer, if a person required to register is anticipated to be released from prison, paroled, or placed on supervised release, to: (1) inform the person of the duty to register and to provide any change of address to a designated State agency in writing; (2) obtain the person's name, identifying factors, anticipated future residence, and offense history and documentation of any treatment received for the condition; and (3) require the person to read and sign a form stating that the duty to register has been explained. Requires the officer to forward the information to a designated State agency which shall enter the information into the appropriate State law enforcement record system, notify the appropriate agency with jurisdiction over the area in which the person expects to reside, and transmit the information to the Identification Division of the Federal Bureau of Investigation. Sets forth provisions regarding: (1) quarterly address verification; (2) notification of local agencies of address changes; (3) penalties for failing to register and keep registration current; (4) termination of the obligation to register; (5) community notification; and (6) immunity for good faith conduct under this Act.

Sexually Violent Predators Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Steel Industry Retiree Benefits Protection Act of 2003''. SEC. 2. EXTENSION OF REFUNDABLE CREDIT TO FORMER EMPLOYERS FOR HEALTH INSURANCE PAYMENTS FOR CERTAIN STEEL INDUSTRY RETIREES. (a) In General.--Subsection (a) of section 35 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.-- ``(1) Credit allowed to eligible individuals.--In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A an amount equal to 65 percent of the amount paid by the taxpayer for coverage of the taxpayer and qualifying family members under qualified health insurance for eligible coverage months beginning in the taxable year. ``(2) Credit allowed for payments for eligible steel industry retirees.--In the case of a qualified steel company, there shall be allowed as a credit against the tax imposed by subtitle A an amount equal to 65 percent of the amount paid during the taxable year by the qualified steel company for qualifying coverage of an eligible steel industry retiree and qualifying family members under qualified health insurance. For purposes of paragraphs (1) and (2), amounts paid for coverage shall not include any premiums paid for the Medicare supplemental insurance program established under part B of title XVIII of the Social Security Act.''. (b) Qualifying Coverage.--Subsection (g) of section 35 of such Code (relating to special rules) is amended by redesignating paragraph (9) as paragraph (10) and inserting after paragraph (8) the following new paragraph: ``(9) Qualifying coverage.--For purposes of subsection (a)(2)-- ``(A) In general.--Coverage shall not be treated as qualifying coverage unless at least 50 percent of the cost of such coverage for all eligible steel industry retirees who are retired from the applicable qualified steel company, and qualifying family members, determined on a combined basis, for such taxable year is paid or incurred by such qualified steel company. ``(B) Special rule relating to collective bargaining.--Subparagraph (A) may be satisfied separately with respect to coverage provided to eligible steel industry retirees pursuant to a collective bargaining agreement.''. (c) Definition of Eligible Steel Industry Retiree.-- (1) In general.--Subsection (c) of section 35 of such Code is amended by adding at the end the following new paragraph: ``(5) Eligible steel industry retiree.-- ``(A) In general.--The term `eligible steel industry retiree' means, with respect to any month, any individual who-- ``(i) is a retiree of a qualified steel company, and ``(ii) is receiving retiree health benefits in accordance with an employee benefit plan (within the meaning of section 3 (3) of the Employee Retirement Income Security Act of 1974) which is established, maintained, or contributed to by the retiree's former employer and is in effect on or after January 1, 2000, or is no longer receiving such benefits as a result of the termination of coverage under such benefit plan on or after January 1, 2000, pursuant to an order of bankruptcy court, by operation of bankruptcy law, or by agreement with an authorized representative as provided in section 1114 of title 11, United States Code. ``(B) Retiree.--For purposes of this paragraph, the term `retiree' means, with respect to a qualified steel company, an individual (including any eligible surviving spouse of an individual) who has met any years of service or disability requirements under an employee benefit plan described in subparagraph (A)(ii) which are necessary to receive retiree health benefits under the plan, and at least 50 percent of whose years of service were performed in the United States on behalf of a qualified steel company. ``(C) Qualified steel company.--The term `qualified steel company' means-- ``(i) a person who was engaged on or before January 1, 2003, in-- ``(I) the production or manufacture of a steel mill product, ``(II) the mining or processing of iron ore or beneficiated iron ore products, or ``(III) the production of coke for use in a steel mill product, or ``(ii) a labor organization that, in the aggregate at one or more qualified steel companies, represents at least 10,000 employees. ``(D) Qualified steel company.--The term `qualified steel company' includes any person who, on or before January 1, 2003, was engaged in the transportation of any steel product or iron ore products solely or principally for another qualified steel company described in the preceding sentence, but only if such person and such other person bear a relationship to each other specified in section 267(b).''. (2) Conforming amendments.-- (A) Paragraph (1) of section 35(c) of such Code is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding the following new subparagraph: ``(D) an eligible steel industry retiree.''. (B) Paragraph (1) of section 35(d) of such Code is amended-- (i) in subparagraph (A) by inserting ``, or the eligible steel industry retiree's,'' after ``taxpayer's'', and (ii) in subparagraph (B) by inserting ``or the eligible steel industry retiree'' after ``taxpayer''. (d) Addition of Steel Retiree Health Benefits to Definition of Qualified Health Insurance.--Paragraph (1) of section 35(e) of such Code is amended by adding at the end the following new subparagraphs: ``(K) Coverage under an employee benefit plan of a qualified steel company or coverage funded by a steel industry retiree benefits health trust. ``(L) In the case of an eligible steel industry retiree, coverage under a medicare supplemental policy (as defined in section 1882(g)(1) of the Social Security Act), Medicare+Choice plan (as defined in part C of title XVIII of such Act), and similar plans.''. (e) Exception From Specified Coverage Rule for Steel Industry Retirees.--Subsection (f) of section 35 of such Code is amended by adding at the end the following flush sentence: ``Paragraph (2) shall not apply in the case of a credit under this section otherwise allowable to an eligible steel industry retiree and qualifying family members of such retiree.''. (f) Special Rule for Qualified Steel Company Payments to a Steel Industry Retiree Health Benefits Trust.--Subsection (g) of section 35 of such Code, as amended by subsection (b), is further amended by adding at the end the following new paragraph: ``(10) Treatment of payments by a qualified steel company to a steel industry retiree health benefits trust.--For purposes of this section-- ``(A) In general.--Amounts paid by a qualified steel company to a steel industry retiree health benefits trust shall be treated as amounts paid for qualifying coverage for purposes of subsection (a)(2) (determined without regard to paragraph (9)). ``(B) Steel industry retiree health benefits trust.--The term `steel industry retiree health benefits trust' means a trust established for the purpose of paying health and death benefits to eligible steel industry retirees and qualifying family members either pursuant to section 501(c)(9) or in connection with the acquisition by a qualified steel company of another qualified steel company or of a substantial portion of the assets of another qualified steel company.''. (g) Other Conforming Amendments.-- (1) Section 35(g)(1) of such Code is amended by striking ``subsection (a)'' and inserting ``subsection (a)(1)''. (2) Section 35(g)(2) of such Code is amended by striking ``162(l) or 213'' and inserting ``162(l), 213, or 419''. (h) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003.

Steel Industry Retiree Benefits Protection Act of 2003 - Amends the Internal Revenue Code to allow the 65 percent health insurance costs credit, in the case of a qualified steel company, for qualifying coverage of a qualified steel industry retiree and qualifying family members under a qualified health insurance plan.

To amend the Internal Revenue Code of 1986 to protect the health benefits of steel industry retirees by expanding the availability of the refundable tax credit to the health insurance costs paid by former employers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National All Schedules Prescription Electronic Reporting Act of 2004''. SEC. 2. CONTROLLED SUBSTANCE MONITORING PROGRAM. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding after section 399N the following: ``SEC. 399O. CONTROLLED SUBSTANCE MONITORING PROGRAM. ``(a) Formula Grants.-- ``(1) In general.--Each fiscal year, the Secretary shall make a payment to each State with an application approved under this section for the purpose of establishing and implementing a controlled substance monitoring program under this section. ``(2) Determination of amount.--In making payments under paragraph (1) for a fiscal year, the Secretary shall allocate to each State with an application approved under this section an amount which bears the same ratio to the amount appropriated to carry out this section for that fiscal year as the number of pharmacies of the State bears to the number of pharmacies of all States with applications approved under this section (as determined by the Secretary), except that the Secretary may adjust the amount allocated to a State under this paragraph after taking into consideration the budget cost estimate for the State's controlled substance monitoring program. ``(b) Application Approval Process.-- ``(1) In general.--To seek a grant under this section, a State shall submit an application at such time, in such manner, and containing such assurances and information as the Secretary may reasonably require. Each such application shall include-- ``(A) a budget cost estimate for the State's controlled substance monitoring program; ``(B) proposed standards for security for information handling and for the database maintained by the State under subsection (d) generally including efforts to use appropriate encryption technology or other such technology; ``(C) proposed standards for meeting the uniform electronic format requirement of subsection (g); ``(D) proposed standards for availability of information and limitation on access to program personnel; ``(E) proposed standards for access to the database, and procedures to ensure database accuracy; ``(F) proposed standards for redisclosure of information; ``(G) proposed penalties for illegal redisclosure of information; and ``(H) assurances of compliance with all other requirements of this section. ``(2) Approval or disapproval.--Not later than 90 days after the submission by a State of an application under paragraph (1), the Secretary shall approve or disapprove the application. The Secretary shall approve the application if the State demonstrates to the Secretary that the State will establish and implement or operate a controlled substance monitoring program in accordance with this section. ``(3) Withdrawal of authorization.--If a State fails to implement a controlled substance monitoring program in accordance with this section-- ``(A) the Secretary shall give notice of the failure to the State; and ``(B) if the State fails to take corrective action within a reasonable period of time, the Secretary shall withdraw any approval of the State's application under this section. ``(4) Voluntary discontinuance.--A funding agreement for the receipt of a payment under this section is that the State involved will give a reasonable period of notice to the Secretary before ceasing to implement or operate a controlled substance monitoring program under this section. The Secretary shall determine the period of notice that is reasonable for purposes of this paragraph. ``(5) Return of funds.--If the Secretary withdraws approval of a State's application under this section, or the State chooses to cease to implement a controlled substance monitoring program under this section, a funding agreement for the receipt of a payment under this section is that the State will return to the Secretary an amount which bears the same ratio to the overall payment as the remaining time period for expending the payment bears to the overall time period for expending the payment (as specified by the Secretary at the time of the payment). ``(c) Reporting Requirements.--In implementing a controlled substance monitoring program under this section, a State shall comply with the following: ``(1) The State shall require dispensers to report to such State each dispensing in the State of a controlled substance to an ultimate user or research subject not later than 1 week after the date of such dispensing. ``(2) The State may exclude from the reporting requirement of this subsection-- ``(A) the direct administration of a controlled substance to the body of an ultimate user or research subject; ``(B) the dispensing of a controlled substance in a quantity limited to an amount adequate to treat the ultimate user or research subject involved for 48 hours or less; or ``(C) the administration or dispensing of a controlled substance in accordance with any other exclusion identified by the Secretary for purposes of this paragraph. ``(3) The information to be reported under this subsection with respect to the dispensing of a controlled substance shall include the following: ``(A) Drug Enforcement Administration Registration Number of the dispenser. ``(B) Drug Enforcement Administration Registration Number and name of the practitioner who prescribed the drug. ``(C) Name, address, and telephone number of the ultimate user or research subject. ``(D) Identification of the drug by a national drug code number. ``(E) Quantity dispensed. ``(F) Estimated number of days for which such quantity should last. ``(G) Number of refills ordered. ``(H) Whether the drug was dispensed as a refill of a prescription or as a first-time request. ``(I) Date of the dispensing. ``(J) Date of origin of the prescription. ``(4) The State shall require dispensers to report information under this section in accordance with the electronic format specified by the Secretary under subsection (g), except that the State may waive the requirement of such format with respect to an individual dispenser. ``(5) The State shall automatically share information reported under this subsection with another State with an application approved under this section if the information concerns-- ``(A) the dispensing of a controlled substance to an ultimate user or research subject who resides in such other State; or ``(B) the dispensing of a controlled substance prescribed by a practitioner whose principal place of business is located in such other State. ``(6) The State may notify the appropriate authorities responsible for drug diversion investigation if information in the database maintained by the State under subsection (d) indicates an unlawful diversion or misuse of a controlled substance. ``(d) Database.--In implementing a controlled substance monitoring program under this section, a State shall comply with the following: ``(1) The State shall establish and maintain an electronic database containing the information reported to the State under subsection (c). ``(2) The database must be searchable by any field or combination of fields. ``(3) The State shall include reported information in the database at such time and in such manner as the Secretary determines appropriate, with appropriate safeguards for ensuring the accuracy and completeness of the database. ``(4) The State shall take appropriate security measures to protect the integrity of, and access to, the database. ``(e) Provision of Information.--Subject to subsection (f), in implementing a controlled substance monitoring program under this section, a State may provide information from the database established under subsection (d) and, in the case of a request under paragraph (3), summary statistics of such information, in response to a request by-- ``(1) a practitioner (or the agent thereof) who certifies, under the procedures determined by the State, that the requested information is for the purpose of providing medical or pharmaceutical treatment or evaluating the need for such treatment to a bona fide current patient; ``(2) any local, State, or Federal law enforcement, narcotics control, licensure, disciplinary, or program authority, who certifies, under the procedures determined by the State, that the requested information is related to an individual investigation or proceeding involving the unlawful diversion or misuse of a schedule II, III, or IV substance, and such information will further the purpose of the investigation or assist in the proceeding; ``(3) any agent of the Department of Health and Human Services, a State medicaid program, a State health department, or the Drug Enforcement Administration who certifies that the requested information is necessary for research to be conducted by such department, program, or administration, respectively, and the intended purpose of the research is related to a function committed to such department, program, or administration by law that is not investigative in nature; or ``(4) any agent of another State, who certifies that the State has an application approved under this section and the requested information is for the purpose of implementing the State's controlled substance monitoring program under this section. ``(f) Limitations.--In implementing a controlled substance monitoring program under this section, a State-- ``(1) shall make reasonable efforts to limit the information provided pursuant to a valid request under subsection (e) to the minimum necessary to accomplish the intended purpose of the request; and ``(2) shall not provide any individually identifiable information in response to a request under subsection (e)(3). ``(g) Electronic Format.--The Secretary shall specify a uniform electronic format for the reporting, sharing, and provision of information under this section. ``(h) Rules of Construction.-- ``(1) Functions otherwise authorized by law.--Nothing in this section shall be construed to restrict the ability of any authority, including any local, State, or Federal law enforcement, narcotics control, licensure, disciplinary, or program authority, to perform functions otherwise authorized by law. ``(2) No preemption.--Nothing in this section shall be construed as preempting any State law, except that no such law may relieve any person of a requirement otherwise applicable under this Act. ``(3) Additional privacy protections.--Nothing in this section shall be construed as preempting any State from imposing any additional privacy protections. ``(4) Certain confidentiality requirements.--Nothing in this section shall be construed as superceding the confidentiality requirements of programs defined by and subject to part 2 of title 42, Code of Federal Regulations. ``(5) No federal private cause of action.--Nothing in this section shall be construed to create a Federal private cause of action. ``(i) Relation to HIPAA.--Except to the extent inconsistent with this section, the provision of information pursuant to subsection (c)(5), (c)(6), or (e) and the subsequent transfer of such information are subject to any requirement that would otherwise apply under the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(j) Preference.--Beginning January 1, 2007, the Secretary, in awarding any competitive grant that is related to drug abuse (as determined by the Secretary) to a State, shall give preference to any State with an application approved under this section. ``(k) Study.--Not later than 2 years after the date of the enactment of this section, the Secretary shall-- ``(1) complete a study that-- ``(A) determines the progress of States in establishing and implementing controlled substance monitoring programs under this section; ``(B) determines the feasibility of implementing a real-time electronic controlled substance monitoring program, including the costs associated with establishing such a program; and ``(C) provides an analysis of the privacy protections in place for the information reported to the controlled substance monitoring program in each State receiving a grant for the establishment or operation of such program, and a comparison to the privacy requirements that apply to covered entities under regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, along with any recommendations for additional requirements for protection of this information; and ``(2) submit a report to the Congress on the results of the study. ``(l) Advisory Council.-- ``(1) Establishment.--A State may establish an advisory council to assist in the establishment and implementation of a controlled substance monitoring program under this section. ``(2) Sense of congress.--It is the sense of the Congress that, in establishing an advisory council under this subsection, a State should consult with appropriate professional boards and other interested parties. ``(m) Definitions.--For purposes of this section: ``(1) The term `bona fide patient' means an individual who is a patient of the dispenser or practitioner involved. ``(2) The term `controlled substance' means a drug that is included in schedule II, III, or IV of section 202(c) of the Controlled Substance Act. ``(3) The term `dispense' means to deliver a controlled substance to an ultimate user or research subject by, or pursuant to the lawful order of, a practitioner, irrespective of whether the dispenser uses the Internet or other means to effect such delivery. ``(4) The term `dispenser' means a physician, pharmacist, or other individual who dispenses a controlled substance to an ultimate user or research subject. ``(5) The term `practitioner' means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which he or she practices or does research, to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research. ``(6) The term `State' means each of the 50 States and the District of Columbia. ``(7) The term `ultimate user' means a person who has lawfully obtained, and who possesses, a controlled substance for his or her own use, for the use of a member of his or her household, or for the use of an animal owned by him or her or by a member of his or her household. ``(n) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated-- ``(1) $25,000,000 for each of fiscal years 2006 and 2007; and ``(2) $15,000,000 for each of fiscal years 2008, 2009, and 2010.''. Passed the House of Representatives October 5, 2004. Attest: JEFF TRANDAHL, Clerk.

National All Schedules Prescription Electronic Reporting Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to approved States to establish a controlled substance monitoring program. Bases the amount of each grant on the ratio of pharmacies in the State receiving such a grant to the number of pharmacies in all approved States. Requires a State to submit a grant application that shall include proposed penalties for illegal redisclosure of information and proposed standards for: (1) information security; (2) availability of information and limitation on access to program personnel; (3) database access and integrity; and (4) redisclosure of information. Requires the Secretary to approve such an application if the State demonstrates that it will establish or operate a controlled substance monitoring program in accordance with this Act. Requires an approved State to give notice if it fails to implement such a program. Requires the Secretary to withdrawal approval if the State fails to take corrective action within a reasonable period of time. Requires an approved State to give the Secretary notice before ceasing to implement or operate such a program. Requires an approved State to: (1) require dispensers to report within one week of each dispensing of a controlled substance to an ultimate user or research subject; (2) report information in accordance with the specified electronic format; (3) automatically share with another approved State information concerning the dispensing of a controlled substance to a user or subject who resides in such other State or by a practitioner whose principal place of business is in such other State. Allows a State to notify the appropriate authorities responsible for drug diversion investigations if information in the database indicates an unlawful diversion or misuse of a controlled substance. Requires the State to establish and maintain an electronic searchable database containing the information reported. Allows a State to provide information from the database in response to certain requests by practitioners, law enforcement, narcotics control, licensure, disciplinary, or program authorities, the controlled substance monitoring program of another State, and agents of the Department of Health and Human Services (HHS), State Medicaid programs, State health departments, or the Drug Enforcement Administration (DEA). Requires a State to make reasonable efforts to limit the information provided to the minimum necessary and to withhold all individually identifiable information from requests by HHS, State Medicaid programs, State health departments, or DEA. Requires the Secretary to: (1) specify a uniform electronic format for the reporting, sharing, and provision of information; (2) give preference to approved States in awarding competitive grants related to drug use beginning January 1, 2007; (3) study and report to Congress on such programs, including the progress of States in establishing such programs, the feasibility of implementing a real-time electronic controlled substance monitoring program, and privacy protections. Authorizes appropriations.

To provide for the establishment of a controlled substance monitoring program in each State.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Jobs Creation Act of 2010''. SEC. 2. PURPOSE. The purpose of this Act is to provide employment opportunities for coastal communities by increasing support for-- (1) cooperative research management and monitoring projects that improve science-based management decisions; (2) the revitalization of coastal infrastructure; (3) marine debris prevention or removal; and (4) restoration, protection, and stewardship of coastal resources. SEC. 3. COASTAL JOBS CREATION GRANT PROGRAM. (a) Establishment.--The Secretary of Commerce (in this Act referred to as the ``Secretary'') shall use funds made available under this Act to implement a Coastal Jobs Creation Grant Program using the authorities listed in subsection (b). The Secretary shall expend such funds as quickly as possible consistent with prudent management. (b) Authorities.--The authorities referred to in subsection (a) are authorities under the following laws: (1) Section 306A of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(a)). (2) Section 309 of the Coastal Zone Management Act (16 U.S.C. 1456(b)). (3) Section 315(e) of the Coastal Zone Management Act (16 U.S.C. 1461(e)). (4) Section 204 of the Coral Reef Conservation Act (16 U.S.C. 6403). (5) Section 104 of the Estuary Restoration Act of 2000 (33 U.S.C. 2903). (6) Section 12304 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603). (7) The Endangered Species Act of 1973 (16 U.S.C. 1535). (8) The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (9) The Atlantic Coastal Fishery Conservation and Management Act (15 U.S.C. 5101 et seq.). (10) Section 3 of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1952). (11) Section 408 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f-1). (12) Section 311 of the National Marine Sanctuaries Act (16 U.S.C. 1442). (13) Section 205 of the National Sea Grant College Program Act (33 U.S.C. 1124). (c) Activities.--Activities funded under the Coastal Jobs Creation Grant Program shall include activities eligible under one or more of the authorities listed under subsection (b), and shall include-- (1) cooperative research to collect and compile economic and social data related to recreational and commercial fisheries management that the Secretary determines will improve science-based management decisions; (2) cooperative research to identify and protect essential fish habitat and habitat areas of particular concern and to improve techniques and evaluate effectiveness of habitat protection and restoration efforts; (3) improving the quality and accuracy of information generated by the Marine Recreational Fishery Statistics Survey; (4) supporting efforts to train and deploy observers authorized or required under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); (5) preservation, conservation, or restoration of ocean and coastal resources identified for their conservation, recreational, ecological, historic, or aesthetic values; (6) redevelopment of deteriorating and underutilized working waterfronts and ports to support fisheries or other ocean-dependent industries; (7) research, monitoring, and stewardship within the National Estuarine Research Reserve System, the National Marine Sanctuary System, and coral reef ecosystems, and under the National Sea Grant College Program; (8) implementation of local strategies developed by State or Federal agencies to conserve coral reef ecosystems; (9) research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies; (10) cooperative research to collect data to improve, supplement, or enhance fishery, protected species, and marine mammal stock assessments, including research on the effects of climate change and habitat loss on stock dynamics; (11) cooperative research to assess the amount and type of bycatch and to engineer gear types designed to reduce or prevent bycatch; (12) reducing and preventing the occurrence and adverse impacts of marine debris on the marine environment and navigation safety; (13) establishment and implementation of status and trends monitoring of coastal habitats for major ecosystems, including remote sensing technology, ground-truth verification, and geographic information system data delivery; or (14) development and implementation of training programs to build the capacity of citizens of coastal communities to effectively carry out the purposes of this Act. (d) Funding Criteria.--The Secretary may not make funds available under this Act for a proposed project unless the project, to the maximum extent practicable-- (1) provides the greatest employment opportunities and prioritizes development of sustainable employment opportunities for coastal communities and benefits commercial and recreational fishing industries or other ocean-dependent industries; (2) replicates or builds upon a successful local, State, Federal, or tribal project; (3) utilizes existing fishing community infrastructure, including idled fishing vessels; (4) supports research and monitoring that improves science- based management decisions; (5) contributes to restoring, protecting, or preserving coastal and ocean ecosystems; or (6) assists in developing a well-trained and informed workforce capable of implementing activities identified in section 3(c) of this Act. (e) Implementation.--Within 180 days after the date of enactment of this Act, the Secretary shall, in consultation with the Administrator and the Economic Development Administration, develop in support of the Coastal Jobs Creation Grant Program established in section 3(a) of this Act-- (1) a process for solicitation of proposals from Federal, State, local government agencies and sources, private entities, academia, and non-profit entities; and (2) criteria for evaluating any and all proposals received under the process described in subsection (e)(1), including a means of predicting how many jobs will be created by each proposal. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. To carry out the Coastal Jobs Creation Grant Program there is authorized to be appropriated to the Secretary of Commerce $80,000,000 for each of fiscal years 2011 through 2015, of which no more than 5 percent may be used each fiscal year for administrative expenses of such program.

Coastal Jobs Creation Act of 2010 - Directs the Secretary of Commerce to implement a Coastal Jobs Creation Grant Program which shall include research and programs regarding: (1) recreational and commercial fisheries management: (2) essential fish habitats; (3) fishery and marine mammal stock assessments; (4) training and deployment of observers under the Magnuson-Stevens Fishery Conservation and Management Act; (5) conservation of ocean and coastal resources; (6) waterfront and port redevelopment; (7) coral reef ecosystem conservation; (8) improvement of coastal and ocean observation technologies; (9) bycatch reduction; and (10) preventing the occurrence and adverse impacts of marine debris on the marine environment and navigation safety.

A bill to promote coastal jobs creation, promote sustainable fisheries and fishing communities, revitalize waterfronts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Exempt Hospitals Responsibility Act of 2006''. SEC. 2. REQUIRED POLICIES AND PROCEDURES OF SPECIFIED MEDICAL CARE PROVIDERS. (a) In General.--Section 501 of the Internal Revenue Code of 1986 (relating to exemption from tax on corporations, certain trusts, etc.) is amended-- (1) by redesignating subsection (r) as subsection (s), and (2) by inserting after subsection (q) the following new subsection: ``(r) Policies and Procedures of Specified Medical Care Providers.-- ``(1) In general.--A specified medical care provider shall not be treated as described in section 501(c)(3) unless such provider has adopted, and normally operates consistently with, policies and procedures for providing, and charging for, specified medically necessary care to low-income uninsured individuals consistent with the requirements of subchapter H of chapter 42. ``(2) Denial of deduction.--No deduction shall be allowed under any provision of this title, including sections 170, 545(b)(2), 556(b)(2), 642(c), 2055, 2106(a)(2), and 2522, with respect to any contribution to an organization which is not described in section 501(c)(3) by reason of paragraph (1). ``(3) Definitions.--Terms used in this subsection shall have the same meanings as when used in subchapter H of chapter 42, except that with respect to the term `specified medical care provider' clause (i) of section 4968C(1)(A) shall not apply.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 3. FAILURE BY SPECIFIED MEDICAL CARE PROVIDER TO MEET MINIMUM CHARITY CARE REQUIREMENT. (a) In General.--Chapter 42 of the Internal Revenue Code of 1986 (relating to private foundations and certain other tax-exempt organizations) is amended by adding at the end the following new subchapter: ``Subchapter H--Failure by Specified Medical Care Provider To Meet Minimum Charity Care Requirements ``Sec. 4968. Excise tax on specified medical care provider for failure to provide specified medically necessary care. ``Sec. 4968A. Excise tax on specified medical care provider for overcharging for specified medically necessary care. ``Sec. 4968B. Excise tax on specified medical care provider for failure to disclose charitable medical care information and negotiated charges. ``Sec. 4968C. Definitions. ``SEC. 4968. EXCISE TAX ON SPECIFIED MEDICAL CARE PROVIDER FOR FAILURE TO PROVIDE SPECIFIED MEDICALLY NECESSARY CARE. ``If a specified medical care provider fails to provide specified medically necessary care to a low-income uninsured individual who seeks such care from such provider in an in-person visit, there is hereby imposed on such provider a tax equal to $1,000 for each such failure. ``SEC. 4968A. EXCISE TAX ON SPECIFIED MEDICAL CARE PROVIDER FOR OVERCHARGING FOR SPECIFIED MEDICALLY NECESSARY CARE. ``(a) Imposition of Tax.--If a specified medical care provider collects from a low-income uninsured individual an amount in excess of the maximum allowed charges for specified medically necessary care provided to such individual, there is hereby imposed a tax on such provider in an amount equal to 3 times such excess. ``(b) Maximum Allowed Charges.--For purposes of this section, the term `maximum allowed charges' means-- ``(1) with respect to a low-income uninsured individual whose annual household income is not more than 100 percent of the poverty line applicable to the size of the family involved, $25 for each visit, and ``(2) with respect to a low-income uninsured individual whose annual household income is more than 100 percent, but not more than 200 percent, of the poverty line applicable to the size of the family involved, the average amount paid to the specified medical care provider for such medical care under contracts with private health insurers. ``SEC. 4968B. EXCISE TAX ON SPECIFIED MEDICAL CARE PROVIDER FOR FAILURE TO DISCLOSE CHARITABLE MEDICAL CARE INFORMATION AND NEGOTIATED CHARGES. ``(a) Imposition of Tax.--If a specified medical care provider fails to meet the requirements of subsection (b), there is hereby imposed a tax on such provider equal to $1,000-- ``(1) for each such failure with respect to a requirement described in subsection (b)(1), and ``(2) for each day on which such failure occurred with respect to a requirement described in subsection (b)(2). ``(b) Disclosure of Charitable Medical Care Information and Medical Care Price Data.-- ``(1) Disclosure to patients.--The requirements of this paragraph are met if the specified medical care provider discloses its policies with respect to providing, and charging for, specified medically necessary care-- ``(A) in the patient admission process, and ``(B) in any attempt by the provider to charge for medical care provided, and ``(2) Disclosure to public.--The requirements of this paragraph are met if the specified medical care provider makes available to the public-- ``(A) its policies with respect to providing, and charging for, specified medically necessary care, and ``(B) a list of the average prices actually paid to the provider for each procedure or service, grouped by private health insurance, self-pay, and governmental health programs. ``(c) Maximum Tax.--The amount of tax imposed under subsection (a)(2) with respect to each failure shall not exceed $50,000. ``SEC. 4968C. DEFINITIONS. ``For purposes of this subchapter-- ``(1) Specified medical care provider.-- ``(A) In general.--The term `specified medical care provider' means an organization which-- ``(i) is described in section 501(c)(3), ``(ii) has as its principal purpose the provision of medical or hospital care, ``(iii) has as its principal purpose the provision of medical education or medical research and is actively engaged in providing medical or hospital care, or ``(iv) is required under State law to be licensed as a hospital. ``(B) Exceptions.--Such term shall not include a convalescent home or a home for children or the aged. ``(2) Specified medically necessary care.-- ``(A) In general.--The term `specified medically necessary care' means any medical care which is within the scope of medical care provided by the specified medical care provider. ``(B) Exceptions.--Such term shall not include-- ``(i) any medical care-- ``(I) which is attested to by the physician or practitioner treating the low-income uninsured individual as being not medically necessary, or ``(II) with respect to which the low-income uninsured individual signs a waiver acknowledging such care is not medically necessary, and ``(ii) any organ transplant, any medical care that is cosmetic or experimental in nature, and any treatment to improve the functioning of a malformed member. ``(3) Low-income uninsured individual.-- ``(A) In general.--The term `low-income uninsured individual' means any individual who, at the time the medical care is sought-- ``(i) is not covered by insurance constituting medical care, other than coverage described in section 223(c)(1)(B), ``(ii) has an annual household income equal to not more than 200 percent of the poverty line applicable to the size of the family involved, ``(iii) does not fail the resource requirement of subparagraph (D) or (E) of section 1860-14(a)(3) of the Social Security Act, ``(iv) is a citizen or resident of the United States, and ``(v) is not eligible for government- sponsored insurance constituting medical care. ``(B) Exception.--An individual shall not be a low- income uninsured individual if the individual fails to comply with reasonable requests by a specified medical care provider to provide documentation, or make an attestation, regarding income, assets, citizenship or residency, or insurance status. ``(4) Poverty line.--The term `poverty line' has the meaning given such term in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902).''. (b) Conforming Amendment.--The table of subchapters for chapter 42 of such Code is amended by adding at the end the following new item: ``subchapter h. failure by specified medical care provider to meet minimum charity care requirement.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Tax Exempt Hospitals Responsibility Act of 2006 - Amends the Internal Revenue Code to: (1) deny a tax exemption to medical care providers (i.e., tax-exempt charitable or teaching hospitals) that fail to adopt and carry out policies for providing medically necessary care to low-income individuals without health insurance; (2) deny a tax deduction for contributions to such providers; and (3) impose excise tax penalties on such medical care providers for failing to provide medically necessary care to low-income uninsured individuals, for overcharging for such care, and for failing to make certain disclosures to patients and the public relating to medical care and pricing.

To amend the Internal Revenue Code of 1986 to impose an excise tax on certain medical care providers that fail to provide a minimum level of charity medical care, and for other purposes.

SECTION 1. TRANSFER OF LANDS INTO TRUST FOR PUEBLOS OF SAN ILDEFONSO AND SANTA CLARA, NEW MEXICO. (a) Lands Held in Trust for Pueblo of Santa Clara.--All right, title, and interest of the United States in the lands described in subsection (b), including all improvements thereon and appurtenances thereto and rights to all minerals, including oil and gas, are hereby declared to be held by the United States in trust for the Pueblo of Santa Clara. (b) Land Description.--The lands referred to in subsection (a) consist of approximately 2,484 acres of land presently under the jurisdiction of the Bureau of Land Management of the Department of the Interior situated within Rio Arriba County, New Mexico, and are more particularly described as follows: That portion of Section 22, Township 20 North, Range 7 East, New Mexico Principal Meridian, that is north of the line established in accordance with the provisions of Section 2(a) of this Act. South half of Section 23, Township 20 North, Range 7 East, New Mexico Principal Meridian. South half of Section 24, Township 20 North, Range 7 East, New Mexico Principal Meridian. All of Section 25, Township 20 North, Range 7 East, New Mexico Principal Meridian, except for the 5 acre tract in the Southeast quarter owned by San Ildefonso Pueblo. That portion of Section 26, Township 20 North, Range 7 East, New Mexico Principal Meridian, that is north and east of the line established in accordance with the provisions of Section 2(a) of this Act. That portion of Section 27, Township 20 North, Range 7 East, New Mexico Principal Meridian, that is north of the line established in accordance with the provisions of Section 2(a) of this Act. That portion of Section 19, Township 20 North, Range 8 East, New Mexico Principal Meridian, that is not included within the Santa Clara Pueblo Grant or the Santa Clara Indian Reservation. That portion of Section 30, Township 20 North, Range 8 East, New Mexico Principal Meridian, that is not included within the Santa Clara Pueblo Grant or the San Ildefonso Grant. (c) Lands Held in Trust for Pueblo of San Ildefonso.--All right, title, and interest of the United States in the lands described in subsection (d), including all improvements thereon and appurtenances thereto and rights to all minerals, including oil and gas, are hereby declared to be held by the United States in trust for the Pueblo of San Ildefonso. (d) Land Description.--The lands referred to in subsection (c) consist of approximately 2,000 acres of land presently under the jurisdiction of the Bureau of Land Management of the Department of the Interior situated within Rio Arriba and Santa Fe Counties, New Mexico, and are more particularly described as follows: That portion of Section 22, Township 20 North, Range 7 East, New Mexico Principal Meridian, that is south of the line established in accordance with the provisions of Section 2 (a) of this Act. That portion of Section 26, Township 20 North, Range 7 East, New Mexico Principal Meridian, that is south and west of the line established in accordance with the provisions of Section 2(a) of this Act. That portion of Section 27, Township 20 North, Range 7 East, New Mexico Principal Meridian, that is south of the line established in accordance with the provisions of Section 2(a) of this Act. All of Section 34, Township 20 North, Range 7 East, New Mexico Principal Meridian. That portion of Section 35, Township 20 North, Range 7 East, New Mexico Principal Meridian, that is not included within the San Ildefonso Pueblo Grant. SEC. 2. SURVEY OF BOUNDARY LINE; PUBLICATION OF DESCRIPTION IN FEDERAL REGISTER. (a) Survey of Boundary Line.--In order to accurately establish on the ground the boundary of the lands declared to be held in trust for the Pueblo of Santa Clara and the boundary of the lands declared to be held in trust for the Pueblo of San Ildefonso as described in section 1 of this Act, the Secretary of Interior shall, by the date that is 180 days after the date of enactment of this Act, cause a survey to be conducted by the Office of Cadastral Survey of the Bureau of Land Management of the boundary lines established under the provisions of the Agreement to Affirm Boundary Between Pueblo of Santa Clara and Pueblo of San Ildefonso Aboriginal Lands Within Garcia Canyon Tract, that was executed on December 20, 2000, by the respective Governors of the two Pueblos, which survey shall be undertaken in accordance with the provisions of such Agreement. (b) Publication of Land Descriptions in Federal Register.--Upon completion of the survey described in subsection (a), and its acceptance by the respective Governors of the 2 Pueblos, the Secretary shall cause the full metes and bounds description of the lines thus established, together with a full and accurate description of the lands declared to be held in trust for each Pueblo by Section 1 of this Act, respectively, to be published in the Federal Register, and such descriptions shall, upon their publication, constitute the official descriptions of the lands transferred into trust hereunder. In preparing such publication, the Secretary is authorized to correct any technical errors in the legal descriptions contained in this Act, so as to make the descriptions of the lands declared to be held in trust for the two Pueblos consistent with the terms of the Agreement described in subsection (a). SEC. 3. ADMINISTRATION OF LANDS DECLARED TO BE HELD IN TRUST. Upon the enactment of this Act, and subject to the other provisions of this Act, the lands described in section 1(b) are hereby declared to be part of the Pueblo of Santa Clara's reservation and the lands described in section 1(d) are hereby declared to be part of the Pueblo of San Ildefonso's reservation. All lands described in Section 1 shall be administered in accordance with the laws and rules of law generally applicable to property held in trust by the United States for Indian tribes. SEC. 4. VALID EXISTING RIGHTS PRESERVED. Nothing in this Act shall deprive any person (other than the United States) of any legal existing right-of-way, lease, permit, mining claim, grazing permit, water right, or any other right or interest which such person may have in any of the trust lands within the purview of this Act on the date preceding the date of enactment of this Act. No existing right or claim of either Pueblo to any lands or interest in lands based upon Aboriginal or Indian title shall be enlarged, impaired or otherwise affected by this Act. SEC. 5. LANDS SUBJECT TO SECTION 17 OF PUEBLO LANDS ACT. The lands described in section 1, and all lands owned or acquired by the Pueblo of Santa Clara within the Santa Clara Pueblo Grant, and all lands owned or acquired by the Pueblo of San Ildefonso within the San Ildefonso Pueblo Grant, shall be fully subject to the provisions of Section 17 of the Act of June 7, 1924 (43 Stat. 641; commonly referred to as the ``Pueblo Lands Act''). SEC. 6. USE OF LANDS. Land conveyed under this Act may only be used for traditional and customary uses or stewardship conservation for the benefit of the Pueblo of San Ildefonso or the Pueblo of Sanat Clara for whom the land is held in trust. The Secretary of the Interior shall work with the Pueblos to develop appropriate criteria for use of the land to ensure that the land is preserved for traditional and customary uses or stewardship conservation. SEC. 7. WATER. Nothing in this Act shall constitute or be construed to constitute-- (1) an express or implied reservation of water or water rights with respect to the land conveyed under this Act; or (2) a creation, recognition, disclaimer, relinquishment, or reduction of any water rights of Pueblo of San Ildefonso or the Pueblo Santa Clara existing prior to the date of the enactment of this Act.

Declares the right, title, and interest of the United States in certain tracts of land in Rio Arriba County, New Mexico, to be held in trust for the Pueblo of Santa Clara and the Pueblo of San Ildefonso, respectively (including mineral rights). Directs the Office of Cadastral Survey to conduct a survey of the boundary lines between the properties.Recognizes any person's (other than the United States') existing right-of-way, lease, permit, mining claim, grazing permit, water right, or other right or interest in the trust lands. Prohibits any existing right or claim of either Pueblo to any lands or interest in lands based upon Aboriginal or Indian title from being affected by this Act.Subjects the trust lands to the Pueblo Lands Act of 1924.Requires trust lands to be used only for traditional or customary uses or stewardship conservation.Prohibits this Act from being construed to constitute the reservation of water or water rights in the trust lands or any change in status of water rights of either Pueblo.

To declare that the United States holds certain public domain lands in trust for the Pueblos of San Ildefonso and Santa Clara.

SECTION 1. FREEDOM NATIONAL PARK. (a) Purpose; Establishment.--In order to-- (1) preserve for the benefit of the American people certain historic sites, structures, and properties of outstanding national significance associated with the struggle for civil rights by Americans of African descent and the effort to promote international human rights associated with the Jimmy Carter Library and Museum and the Carter Presidential Center; (2) establish a historic and recreational corridor in the form of a roadside park surrounding the State roadway known as the Freedom Parkway, connecting the Martin Luther King, Jr. Historic District with the Jimmy Carter Library and Museum, the Carter Presidential Center, and various Civil War battle sites associated with the Battle of Atlanta, including Copen Hill; and (3) provide educational, interpretive, and recreational facilities to enhance the enjoyment of visitors to these sites, there is established Freedom National Park (hereinafter in this Act referred to as the ``park''). (b) Description of Area.--The park shall consist of approximately 165 acres of lands and interests in lands as generally depicted on the map entitled ``Freedom National Park Boundary Concept'', numbered ______ and dated ______ and shall include the area surrounding the Jimmy Carter Library and Museum and Carter Presidential Center and the corridor immediately adjacent to the right-of-way of the roadway known as the Freedom Parkway which connects the Carter Presidential Center with the Martin Luther King, Jr. Historic District. The map shall be on file and available in the offices of the National Park Service, Department of the Interior. (c) Acquisition of Property; Authority of Secretary; Leasing of State-Owned Lands.--The Secretary of the Interior (hereinafter in this Act referred to as the ``Secretary'') is hereby authorized to acquire lands and interests therein, including leasehold interests, within the boundaries of the park as depicted on the map referenced in subsection (b), by donation, purchase with donated or appropriated funds, or exchange. All property owned by the State of Georgia or any political subdivision thereof may be acquired only by donation or lease agreement conditioned upon use of the land solely for purposes of a roadside park. SEC. 2. ADMINISTRATION. (a) In General.--The Secretary shall administer the park in accordance with the provisions of this Act and the provisions of law generally applicable to the administration of units of the National Park System, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4), the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467), and the National Historic Preservation Act (16 U.S.C. 470-470x-6). (b) Road Construction or Use Restrictions.--The Secretary shall not permit the construction or use of any road within the park which would provide vehicular access for through traffic, other than the Freedom Parkway and streets existing on the date of enactment of this Act nor shall the Secretary permit construction of any roadways which would have the effect of altering the design of the Freedom Parkway, except for construction of such cul-de-sac driveways as may be reasonably necessary to provide access between the Freedom Parkway and roadside recreation facilities. (c) Cooperative Agreements.-- (1) In general.--In furtherance of the purposes of this Act, the Secretary is authorized to enter into cooperative agreements with State and local governments and with private owners of properties of natural, historical, or cultural significance within or in the immediate vicinity of the park, including (but not limited to) the resources described in section 1(b), pursuant to which the Secretary may-- (A) mark, interpret, restore, or provide technical assistance for the preservation and interpretation of such properties; and (B) provide assistance, including management services, program implementation, and financial assistance consistent with subsection (a). (2) Access and property alterations.--Such agreements may contain (but need not be limited to) provisions that-- (A) the Secretary, through the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by such agreement for the purpose of conducting visitors through such properties and interpreting them to the public; and (B) no changes or alterations may be made to the properties except by mutual agreement between the Secretary and the other parties to such agreements. (3) Specific provisions.--An agreement entered into under this subsection may contain specific provisions which outline in detail the extent of the participation by the Secretary in the restoration, preservation, interpretation, and maintenance of such properties not specifically provided for in paragraph (1). SEC. 3. MANAGEMENT PLAN. Within one year after the date on which funds are first made available for the purposes of preparing a general management plan, the Secretary, in consultation with the State of Georgia and the city of Atlanta, shall develop and transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, a general management plan for the park consistent with the purposes of this Act, including (but not limited to)-- (1) a general visitor use and interpretive program which fully considers the historic and cultural aspects of the park, including the themes of individual freedom, civil rights, and human rights; (2) a statement on the number of visitors and types of public uses within the park which can be reasonably accommodated in accordance with the protection of its resources; and (3) a general development plan for the park, including the estimated cost thereof. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.

Establishes the Freedom National Park in Georgia. Requires the Secretary of the Interior to develop and transmit to specified congressional committees a general management plan for the Park that provides for: (1) a general visitor use and interpretive program which fully considers the historic and cultural aspects of the Park, including the themes of individual freedom, civil rights, and human rights; (2) a statement on the number of visitors and types of public uses within the Park which can reasonably be accommodated in accordance with the protection of its resources; and (3) a general development plan for the Park and the estimated cost thereof. Authorizes appropriations.

To establish the Freedom National Park in the State of Georgia, and for other purposes.

SECTION 1. EXEMPTION FROM INCOME TAX FOR STATE-CREATED ORGANIZATIONS PROVIDING PROPERTY AND CASUALTY INSURANCE FOR PROPERTY FOR WHICH SUCH COVERAGE IS OTHERWISE UNAVAILABLE. (a) In General.--Subsection (c) of section 501 of the Internal Revenue Code of 1986 (relating to exemption from tax on corporations, certain trusts, etc.) is amended by adding at the end the following new paragraph: ``(28)(A) Any association created before January 1, 1999, by State law and organized and operated exclusively to provide property and casualty insurance coverage for property located within the State and with respect to which the State determines, through appropriate State action, that coverage in the authorized insurance market is not reasonably available to a substantial number of insurable real properties (and any successor association), if-- ``(i) no part of the net earnings of which inures to the benefit of any private shareholder or individual, ``(ii) except as provided in clause (v), no part of the assets of which may be used for, or diverted to, any purpose other than-- ``(I) to satisfy, in whole or in part, the liability of the association for, or with respect to, claims made on policies written by the association, ``(II) to invest in investments authorized by applicable law, ``(III) to pay reasonable and necessary administration expenses in connection with the establishment and operation of the association and the processing of claims against the association, or ``(IV) to make remittances pursuant to State law to be used by the State to provide for the payment of claims on policies written by the association, purchase reinsurance covering losses under such policies, or to support governmental programs to prepare for or mitigate the effects of natural catastrophic events, ``(iii) the State law governing the association permits the association to levy assessments on insurance companies authorized to sell property and casualty insurance in the State, or on property and casualty insurance policyholders with insurable interests in property located in the State to fund deficits of the association, including the creation of reserves, ``(iv) the plan of operation of the association is subject to approval by the chief executive officer or other official of the State, by the State legislature, or both, and ``(v) the assets of the association revert upon dissolution to the State, the State's designee, or an entity designated by the State law governing the association, or State law does not permit the dissolution of the association. ``(B)(i) An entity described in clause (ii) (and any successor entity) shall be disregarded as a separate entity and treated as part of the association described in subparagraph (A) from which it receives remittances described in clause (ii) if an election is made within 30 days after the date that such association is determined to be exempt from tax. ``(ii) An entity is described in this clause if it is an entity or fund created before January 1, 1999, pursuant to State law and organized and operated exclusively to receive, hold, and invest remittances from an association described in subparagraph (A) and exempt from tax under subsection (a), to make disbursements to pay claims on insurance contracts issued by such association, and to make disbursements to support governmental programs to prepare for or mitigate the effects of natural catastrophic events.''. (b) Unrelated Business Taxable Income.--Subsection (a) of section 512 of the Internal Revenue Code of 1986 (relating to unrelated business taxable income) is amended by adding at the end the following new paragraph: ``(6) Special rule applicable to organizations described in section 501(c)(28).--In the case of an organization described in section 501(c)(28), the term `unrelated business taxable income' means taxable income for a taxable year computed without the application of section 501(c)(28) if at the end of the immediately preceding taxable year the organization's net equity exceeded 15 percent of the total coverage in force under insurance contracts issued by the organization and outstanding at the end of such preceding year.''. (c) Transitional Rule.--No income or gain shall be recognized by an association as a result of a change in status to that of an association described by section 501(c)(28) of the Internal Revenue Code of 1986, as amended by subsection (a). (d) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2001.

Amends the Internal Revenue Code to add to the list of 501(c) organizations (tax-exempt organizations) any nonprofit association created before January 1, 1999, by State law and organized and operated exclusively to provide property and casualty insurance coverage for losses occurring due to the effect of natural catastrophic events for property located within the State for which the State has determined that coverage in the authorized insurance market is not reasonably available to a substantial number of insurable real properties.

A bill to amend the Internal Revenue Code of 1986 to provide equitable treatment for associations which prepare for or mitigate the effects of natural disasters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``George McGovern-Robert Dole International Food for Education and Child Nutrition Act of 2001''. SEC. 2. INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION. Title IV of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1731 et seq.) is amended by adding at the end the following: ``SEC. 417. INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION. ``(a) Definitions.--In this section: ``(1) Eligible commodity.--The term `eligible commodity' means-- ``(A) an agricultural commodity; and ``(B) a vitamin or mineral produced-- ``(i) in the United States; or ``(ii) in limited situations determined by the Secretary, outside the United States. ``(2) Eligible organization.--The term `eligible organization' means a private voluntary organization, cooperative, or intergovernmental organization, as determined by the Secretary. ``(3) Program.--The term `Program' means the International Food for Education and Child Nutrition Program established under subsection (b)(1). ``(4) Recipient country.--The term `recipient country' means 1 or more developing countries covered by a plan approved under subsection (d)(1)(A)(ii). ``(b) Program Establishment.-- ``(1) In general.--In cooperation with other countries, the Secretary shall establish, and the Department of Agriculture shall act as the lead Federal agency for, the International Food for Education and Child Nutrition Program, through which the Secretary shall provide to eligible organizations eligible commodities and technical and nutritional assistance for pre- school and school-age children in connection with education programs to improve food security and enhance educational opportunities for pre-school age and primary-school age children in recipient countries. ``(2) Administration.--In carrying out the Program, the Secretary may use the personnel and other resources of the Food and Nutrition Service and other agencies of the Department of Agriculture. ``(c) Purchase and Donation of Eligible Commodities and Provision of Assistance.-- ``(1) In general.--Under the Program, the Secretary shall enter into agreements with eligible organizations-- ``(A) to purchase, acquire, and donate eligible commodities to eligible organizations; and ``(B) to provide technical and nutritional assistance. ``(2) Other donor countries.--Consistent with the Program, the Secretary shall encourage other donor countries, directly or through eligible organizations-- ``(A) to donate goods and funds to recipient countries; and ``(B) to provide technical and nutritional assistance to recipient countries. ``(3) Private sector.--The President and the Secretary are urged to encourage the support and active involvement of the private sector, foundations, and other individuals and organizations in programs and activities assisted under this section. ``(d) Plans and Agreements.-- ``(1) In general.--To be eligible to receive eligible commodities and assistance under this section, an eligible organization shall-- ``(A)(i) submit to the Secretary a plan that describes the manner in which; ``(I) the eligible commodities and assistance will be used in 1 or more recipient countries to meet the requirements of this section; and ``(II) the role of the government in the recipient countries in carrying out the plan; and ``(ii) obtain the approval of the Secretary for the plan; and ``(B) enter into an agreement with the Secretary establishing the terms and conditions for use of the eligible commodities and assistance. ``(2) Multiyear agreements.-- ``(A) In general.--An agreement under paragraph (1)(B) may provide for eligible commodities and assistance on a multiyear basis. ``(B) Local capacity.--The Secretary shall facilitate, to the extent the Secretary determines is appropriate, the development of agreements under paragraph (1)(B) that, on a multiyear basis, strengthen local capacity for implementing and managing assistance programs. ``(3) Streamlined procedures.--The Secretary shall develop streamlined procedures for the development, review, and approval of plans submitted under paragraph (1)(A) by eligible organizations that demonstrate organizational capacity and the ability to develop, implement, monitor, and report on, and provide accountability for, activities conducted under this section. ``(4) Graduation.--An agreement under paragraph (1)(B) shall include provisions-- ``(A)(i) to sustain the benefits to the education, enrollment, and attendance of children in schools in the targeted communities when the provision of commodities and assistance to a recipient country under the Program terminates; and ``(ii) to estimate the period of time required for the recipient country or eligible organization to provide assistance described in subsection (b)(1) without additional assistance provided under this section; or ``(B) to otherwise provide other long-term benefits to the targeted populations. ``(e) Effective Use of Eligible Commodities.--The Secretary shall ensure that each eligible organization-- ``(1) uses eligible commodities made available under this section effectively, in the areas of greatest need, and in a manner that promotes the purposes of this section; ``(2) in using assistance provided under this section, assesses and takes into account the nutritional and educational needs of participating pre-school age and primary-school age children; ``(3) to the maximum extent practicable, uses the lowest cost means of delivering eligible commodities and providing other assistance authorized under the Program; ``(4) works with recipient countries and indigenous institutions or groups in recipient countries to design and carry out mutually acceptable food and education assistance programs for participating pre-school age and primary-school age children; ``(5) monitors and reports on the distribution or sale of eligible commodities provided under this section using methods that will facilitate accurate and timely reporting; ``(6) periodically evaluates the effectiveness of the Program, including evaluation of whether the food security and education purposes can be sustained in a recipient country if the recipient country is gradually terminated from the assistance in accordance with subsection (d)(4); and ``(7) considers means of improving the operation of the Program by the eligible organization and ensuring and improving the quality of the eligible commodities provided under this section, including improvement of the nutrient or micronutrient content of the eligible commodities. ``(f) Interagency Coordination on Policy Goals.--The Secretary shall consult and collaborate with other Federal agencies having appropriate expertise in order to provide assistance under this section to promote equal access to education to improve the quality of education, combat exploitative child labor, and advance broad-based sustainable economic development in recipient countries. ``(g) Sales and Barter.-- ``(1) In general.--Notwithstanding subsection (d)(1)(A), with the approval of the Secretary, an eligible organization may-- ``(A) acquire funds or goods by selling or bartering eligible commodities provided under this section within the recipient country or countries near the recipient country; and ``(B) use the funds or goods to improve food security and enhance educational opportunities for pre- school age and primary-school age children within the recipient country, including implementation and administrative costs incurred in carrying out this subsection. ``(2) Payment of administrative costs.--An eligible organization that receives payment for administrative costs under paragraph (1) shall not be eligible to receive payment for the same administrative costs under subsection (h)(3). ``(h) Eligible Costs.--Subject to subsections (d)(1) and (m), the Secretary shall pay all or part of-- ``(1) the costs and charges described in paragraphs (1) through (5) and (7) of section 406(b) with respect to an eligible commodity; ``(2) the internal transportation, storage, and handling costs incurred in moving the eligible commodity, if the Secretary determines that-- ``(A) payment of the costs is appropriate; and ``(B) the recipient country is a low income, net food-importing country that-- ``(i) meets the poverty criteria established by the International Bank for Reconstruction and Development for Civil Works Preference; or ``(ii) has a national government that is committed to or is working toward, through a national action plan, the World Declaration on Education for All convened in 1990 in Jomtien, Thailand, and the follow-up Dakar Framework for Action of the World Education Forum in 2000; and ``(3) the projected costs of an eligible organization for administration, sales, monitoring, and technical assistance under a plan approved by the Secretary under subsection (d)(1)(A) (including an itemized budget), taking into consideration, as determined by the Secretary-- ``(A) the projected amount of such costs itemized by category; and ``(B) the projected amount of assistance received from other donors. ``(i) Displacement.--Subsections (a)(2), (b), and (h) of section 403 shall apply to this section. ``(j) Audits and Training.--The Secretary shall take such actions as are necessary to support, monitor, audit, and provide necessary training in proper management under the Program. ``(k) Annual Report.--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 an annual report that describes-- ``(1) the results of the implementation of the Program during the applicable year, including the impact on the enrollment, attendance, and performance of children in primary schools targeted under the Program; and ``(2) the level of commitments by, and the potential for obtaining additional goods and assistance from, other countries for the purposes of this section during subsequent years. ``(l) Independence of Authorities.--Each authority granted under this section shall be in addition to, and not in lieu of, any authority granted to the Secretary or the Commodity Credit Corporation under any other provision of law.-- ``(m) Funding.-- ``(1) In general.--Subject to paragraphs (2) and (3), for each of fiscal years 2002 through 2006, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section. ``(2) Fiscal year limitations.-- ``(A) In general.--Subject to subparagraph (B), the amount of funds of the Commodity Credit Corporation uses to carry out this section shall not exceed-- ``(i) $300,000,000 for fiscal year 2002; or ``(ii) $400,000,000 for each of fiscal years 2003 through 2006. ``(B) Participation by donor countries.--If the Secretary determines for any of fiscal years 2004 through 2006 that there is adequate participation in the Program by donor countries, in lieu of the maximum amount authorized for that fiscal year under subparagraph (A)(ii), the amount of funds of the Commodity Credit Corporation uses to carry out this section shall not exceed-- ``(i) $525,000,000 for fiscal year 2004; ``(ii) $625,000,000 for fiscal year 2005; or ``(iii) $750,000,000 for fiscal year 2006. ``(3) Use limitations.--Of the funds provided under paragraph (2), the Secretary may use to carry out subsection (h)(3), not more than-- ``(A) $40,000,000 for fiscal year 2002; ``(B) $50,000,000 for fiscal year 2003; ``(C) $60,000,000 for fiscal year 2004; ``(D) $70,000,000 for fiscal year 2005; or ``(E) $80,000,000 for fiscal year 2006.''. SEC. 3. CONFORMING AMENDMENTS. (a) Section 401(a) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1731(a)) is amended by inserting ``(other than section 417)'' after ``this Act'' each place it appears. (b) Section 404(b)(4) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1734(b)(4)) is amended by inserting ``with respect to agreements entered into under this Act (other than section 417),'' after ``(4)''. (c) Section 406(d) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736(d)) is amended by inserting ``(other than section 417)'' after ``this Act''. (d) Section 408 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736b) is amended by inserting ``(other than section 417)'' after ``this Act''. (e) Section 412(b)(1) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736f(b)(1)) is amended by inserting ``(other than section 417)'' after ``this Act'' each place it appears.

George McGovern-Robert Dole International Food for Education and Child Nutrition Act of 2001 - Amends the Agricultural Trade Development and Assistance Act of 1954 to establish an international food for education and child nutrition program under which agricultural commodities shall be provided to eligible organizations to assist pre-school and school-age children in connection with related education programs in recipient countries.

A bill to amend the Agricultural Trade Development and Assistance Act of 1954 to establish an international food for education and child nutrition program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on Educational Readiness Act''. SEC. 2. PURPOSE. It is the purpose of this Act to promote and improve the quality of preschool skills development by coordinating efforts on behalf of public and private organizations to improve and enhance systems of care for children and their families. SEC. 3. NATIONAL COMMISSION ON EDUCATIONAL READINESS. (a) Establishment.--There is hereby established a National Commission on Educational Readiness (hereafter in this Act referred to as the ``Commission''). (b) Membership and Administration of the Commission.-- (1) In general.--The Commission shall consist of 11 members, of whom-- (A) 2 members shall be appointed by the Secretary of Education; (B) 2 members shall be appointed by the Secretary of Health and Human Services; (C) 2 members shall be appointed by the Majority Leader of the Senate in consultation with the Minority Leader of the Senate; (D) 2 members shall be appointed by the Speaker of the House of Representatives in consultation with the Minority Leader of the House of Representatives; and (E) 3 members shall be jointly selected by the Majority Leader of the Senate and the Speaker of the House of Representatives from among individuals who have demonstrated expertise in areas such as early childhood development, comprehensive services delivery for pregnant women, infants, toddlers, and preschool children, professional teaching, or nonprofit organizations or foundations which work to expand educational opportunities for preschool children, such individuals may include State or local officials responsible for health and education policy, parents or representatives of parent organizations. (2) Chairman and vice chairman.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. (3) Vacancies.--A vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment was made. (4) Meetings.--The Commission shall meet on a regular basis, as necessary, at the call of the Chairperson of the Commission or a majority of the Commission's members. (5) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (6) Terms.--(A) Members of the Commission shall be appointed to serve for terms of 3 years, except that of the members first appointed-- (i) 4 members shall serve for terms of 1 year; (ii) 4 members shall serve for terms of 2 years; and (iii) 3 members shall serve for terms of 3 years. (B) Members may be reappointed to the Commission. (7) Contracts.--To carry out this Act, the Commission may enter into such contracts and other arrangements to such extent or in such amounts as are provided in appropriation Acts, and without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5). Contracts and other arrangements may be entered into under this paragraph with or without consideration or bond. (8) Compensation.--Each member of the Commission shall serve without compensation, but shall be allowed travel expenses including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, when engaged in the performance of Commission duties. (9) Activity of the commission.--The Commission may begin to carry out its duties under this Act when at least 6 members of the Commission have been appointed pursuant to paragraph (1). SEC. 4. DUTIES OF THE COMMISSION. The Commission shall-- (1) recommend a national policy designed to prepare the Nation's children for formal learning, including recommendations concerning appropriate roles for the Federal Government, States, local governments and the private sector; (2) recommend to the President and the Congress the specific changes needed within Federal laws and policies to achieve an effective Federal role in such preparation; (3) encourage State and local initiatives on behalf of children (including legislative and policy changes as the Commission determines necessary) and monitor progress toward school readiness; (4) sponsor national, State and regional conferences on ready to learn activities; (5) establish and operate a national clearinghouse for the dissemination of information and materials on readiness to learn; (6) establish an advisory council in accordance with section 10; (7) collaborate with specific entities involved with ready to learn issues or activities such as the National Ready to Learn Council, the National Education Goals Panel and appropriate State ready to learn activities; (8) develop and maintain collaborative arrangements with public agencies and professional and voluntary organizations that are involved in ready to learn issues; and (9) provide consultation and technical assistance, or arrange for the provision of such consultation and technical assistance, to State and community entities providing or preparing to provide integrated comprehensive health or child development services or educational services to pregnant women, infants, toddlers, and preschool children. SEC. 5. REPORTS. (a) In General.--Not later than 1 year after the date on which all members of the Commission are appointed in accordance with section 3(b), the Commission shall prepare and submit to the President and to the appropriate committees of the Congress a comprehensive report on the activities of the Commission. (b) Contents.--The report submitted pursuant to subsection (a) shall include such findings and recommendations for legislation and administrative action as the Commission considers appropriate based on the activities of the Commission. (c) Other Reports.--The Commission shall prepare and submit to the President and the Congress such other reports as the Commission considers appropriate. SEC. 6. INFORMATION. The Commission may secure directly from any Federal agency such information, relevant to the Commission's functions, as may be necessary to enable the Commission to carry out the Commission's duties. Upon request of the Chairman of the Commission, the head of the agency shall, to the extent permitted by law, furnish such information to the Commission. SEC. 7. GIFTS. The Commission may accept, use, and dispose of gifts and donations of money, services, or property, for the purpose of aiding the activities of the Commission. SEC. 8. MAIL. The Commission may use the United States mails in the same manner and under the same conditions as the departments and agencies of the United States. SEC. 9. COMMISSION STAFF. (a) Executive Director.--The Commission shall appoint an executive director, who shall be paid at a rate not to exceed the maximum rate of basic pay under section 5376 of title 5, United States Code, and such professional and clerical personnel as may be reasonable and 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 of chapter 53 of such title, or of any other provision of law, relating to the number, classification and General Schedule rates, except that no employee, other than the staff director, may be compensated at a rate to exceed the maximum rate applicable to level 15 of the General Schedule set forth in section 5332 of title 5, United States Code. (b) Other Federal Personnel.--Upon request of the Chairman of the Commission, the head of any Federal agency is authorized to detail, without reimbursement, any personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act. Such detail shall be without interruption or loss of civil service status or privilege set forth in section 5332 of title 5, United States Code. SEC. 10. ADVISORY COUNCIL. (a) Establishment.--The Commission shall establish an advisory council (hereafter in this Act referred to as the ``Council'') composed of representatives of professional and voluntary organizations, and recognized scholars and experts in early childhood development, education, health, child advocacy and other relevant fields. (b) Functions.-- (1) In general.--The Council shall-- (A) advise the Commission regarding-- (i) readiness to learn; (ii) the design, development and execution of the strategies assisted under this Act; and (iii) the coordination of activities assisted under this Act, including procedures to assure compliance with the provisions of this Act; and (B) make recommendations to the Commission in accordance with paragraph (2). (2) Recommendations.--The Council shall make recommendations to the Commission regarding how best to-- (A) promote collaboration and joint activities to assist communities in assuring the Nation's children receive the variety of supports such children require to be ready for school; (B) report on and promote innovative and exemplary projects and programs that highlight integrated, comprehensive services, including how such projects and programs may be used as models for replication in other communities; (C) encourage and support the development of State and community ready to learn activities; (D) monitor national progress toward the National Education Goal regarding school readiness; and (E) develop, exchange and disseminate information regarding readiness to learn. SEC. 11. APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. The provisions of the Federal Advisory Committee Act shall not apply to the Commission established under this Act. SEC. 12. EXPERTS AND CONSULTANTS. Subject to such rules as may be prescribed by the Commission, the Chairman of the Commission may procure temporary and intermittent services under section 3109 of title 5, United States Code, as rates for individuals, not to exceed the daily rate payable for level GS-15 of the General Schedule set forth in section 5332 of title 5, United States Code. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $1,500,000 for fiscal year 1994 and such sums as may be necessary for each of the fiscal years 1995 and 1996 to carry out the provisions of this Act. (b) Availability.--Amounts appropriated pursuant to the authority of subsection (a) shall remain available until expended.

National Commission on Educational Readiness Act - Establishes a National Commission on Educational Readiness (the Commission). Directs the Commission to: (1) recommend a national policy to prepare children for formal learning; (2) recommend specific changes in Federal laws and policies to effectuate the Federal role; (3) encourage State and local initiatives and monitor progress toward school readiness; (4) run a national clearinghouse for information and materials on readiness to learn; (5) sponsor conferences; (6) establish an advisory council; (7) arrange for provision of consultation and technical assistance to State or community entities for integrated comprehensive health or child development services or educational services to pregnant women, infants, toddlers, and preschool children; and (8) report to the President and the Congress. Authorizes appropriations.

National Commission on Educational Readiness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Municipal Preparation and Strategic Response Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Emergency response unit.--The term ``emergency response unit'' means a State or local emergency response unit, including any fire department, police department, sheriff's office, paramedic unit, local public health unit, or hospital, or any other entity determined by a State or unit of local government to be essential to emergency response and preparedness. (2) Unit of local government.--The term ``unit of local government'' includes any city, county, town, borough, tribe, or other municipality or consortia of local governments. SEC. 3. FINDINGS. The Congress finds that-- (1) in the event of a catastrophe or an attack on the Nation, emergency response units are the first to respond to the scene and thereby take the greatest risks, underscoring the need for a coordinated response to an emergency; (2) potential contamination of reservoirs, water supplies, sewers, and food supplies, as well as the potential release of biochemical agents and contaminants are a threat to front line rescuers and appropriate protocols and procedures must be established; (3) the potential threats of a disruption of communications and other high technology systems through the use of electronic warfare techniques must be identified and appropriate protocol and procedures must be established; and (4) there is a clear and present need to coordinate a response to terrorism-related emergencies among emergency response units and between local, State, and Federal agencies. SEC. 4. GRANT PROGRAM. (a) In General.--The Director of the Federal Emergency Management Agency shall make grants on a competitive basis to units of local government and emergency response units. (b) Use of Grants.--Grants made under this section shall be used to-- (1) develop strategic response plans that-- (A) provide for a clearly defined and unified response to a terrorist attack or other catastrophe; (B) coordinate the activities and procedures of various emergency response units; (C) define the relationship, roles, responsibilities, jurisdictions, command structures, and communication protocols of emergency response units; (D) coordinate response procedures with similar emergency response units in neighboring units of local government as well as with State and Federal agencies; (E) identify potential local targets of terrorism and include specific response procedures for each potential target; (F) assess and address threats and outline coordinated response procedures; and (G) identify areas where additional training, equipment, or other assistance is needed to implement such procedures; (2) prepare and issue reports to units of local government, State legislatures, and Congress that include recommendations for specific legislative action; and (3) conduct public forums or other appropriate activities to educate the public about-- (A) potential threats and steps the public can take to prepare for them; (B) the contents of the strategic response plans; (C) how to communicate with authorities in the event of an emergency; (D) the location of safe public assembly areas or other emergency shelters; and (E) other appropriate information. SEC. 5. STATE EMERGENCY MANAGEMENT COORDINATORS. The Director of the Federal Emergency Management Agency shall designate for each State a representative of the Federal Emergency Management Agency to-- (1) advise and assist units of local government with the development of strategic response plans; (2) act as a liaison between units of local government and the Federal Government; and (3) coordinate the sharing of information about Federal Government initiatives and protocol. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 2002 $1,000,000,000 to carry out this Act. Such sums shall remain available until expended. SEC. 7. FIREFIGHTER COUNTERTERRORISM GRANTS. (a) Grants for Counterterrorism Training.--Section 33(b)(3) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(3)) is amended-- (1) in subparagraph (M) by striking ``or'' at the end; (2) in subparagraph (N) by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(O) to fund counterterrorism training and provide related equipment.''. (b) Special Rule.--Section 33(b)(6) of such Act (15 U.S.C. 2229(b)(6)) is amended by adding at the end the following new subparagraph: ``(C) Exemption.--This paragraph shall not apply to grants that are made exclusively for the purposes described in paragraph (3)(O).''. (c) Authorization of Appropriations.--Section 33 of such Act (15 U.S.C. 2229) is amended by adding at the end the following new subsection: ``(f) Authorization for Counterterrorism Programs.--In addition to amounts authorized under subsection (e), there are authorized to be appropriated for fiscal year 2002 $250,000,000 for grants to be used exclusively for the purposes described in subsection (b)(3)(O). Such sums shall remain available until expended.''. SEC. 8. LAW ENFORCEMENT COUNTERTERRORISM GRANTS. (a) Grants for Counterterrorism Training.--Section 1701(b)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)(1)) is amended-- (1) in subparagraph (B) by striking ``and'' at the end; (2) in subparagraph (C) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(D) provide counterterrorism training and related equipment.''. (b) Special Rule.--Section 1701(i) of such Act (42 U.S.C. 3796dd(i)) is amended by adding at the end ``This subsection shall not apply to grants that are made exclusively for the purposes described in subsection (b)(1)(D).''. (c) Authorization of Appropriations.--Section 1001(a)(11) of such Act (42 U.S.C. 3793(a)(11)) is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following new subparagraph: ``(B) In addition to the amounts authorized under subparagraph (A), there are authorized to be appropriated for fiscal year 2002 $250,000,000 for grants to be used exclusively for the purposes described in section 1701(b)(1)(D). Such sums shall remain available until expended. Subparagraph (C) shall not apply to such sums.''.

Municipal Preparation and Strategic Response Act - Requires the Director of the Federal Emergency Management Agency (FEMA) to make grants to local governments and emergency response units for use for: (1) developing strategic response plans that provide for a unified, coordinated response to a terrorist attack or other catastrophe; (2) preparing and issuing reports to local governments, State legislatures, and Congress; and (3) conducting public forums or other appropriate activities to educate the public about potential threats and steps they can take to prepare for them, the contents of such plans, how to communicate with authorities in an emergency; and emergency shelters.Requires the Director to designate for each State a FEMA representative to: (1) assist local governments with the development of strategic response plans; (2) act as a liaison between such governments and the Federal Government; and (3) coordinate the sharing of information about Government initiatives and protocol.Amends the Federal Fire Prevention and Control Act of 1974 to authorize the Director to make grants to fire departments, and amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to States, local governments, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia thereof, to fund counterterrorism training and provide related equipment. Exempts such grants from matching requirements.

To direct the Director of the Federal Emergency Management Agency to provide grants to local governments and emergency response units to develop plans for a clearly defined and coordinated response to emergencies, and to provide grants to police and fire departments for counterterrorism training.

SECTION 1. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following: ``SEC. 1635. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT. ``(a) In General.--The Secretary, in cooperation with the Inland Empire Utilities Agency, may participate in the design, planning, and construction of the Inland Empire regional water recycling project described in the report submitted under section 1606. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000.''. (b) Conforming Amendment.--The table of sections in section 2 of such Act is amended by inserting after the item relating to section 1634 the following: ``Sec. 1635. Inland Empire Regional Water Recycling Project.''. SEC. 2. REGIONAL BRINE LINES. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 1636. REGIONAL BRINE LINES. ``(a) In General.-- ``(1) Southern california.--The Secretary, in cooperation with units of local government, may carry out a program under the Federal reclamation laws to assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean as identified in-- ``(A) the Salinity Management Study prepared by the Bureau of Reclamation and the Metropolitan Water District of Southern California; and ``(B) the Southern California Comprehensive Water Reclamation and Reuse Study prepared by the Bureau of Reclamation. ``(2) San francisco bay and santa clara valley.--The Secretary may carry out a study of, and a program under the Federal reclamation laws to assist water agencies in, projects to construct regional brine lines in the San Francisco Bay area and the Santa Clara Valley area, California. ``(b) Agreements and Regulations.--The Secretary may enter into such agreements and promulgate such regulations as are necessary to carry out this section. ``(c) Cost Sharing.-- ``(1) Projects.--The Federal share of the cost of a project to construct regional brine lines described in subsection (a) shall not exceed-- ``(A) 25 percent of the total cost of the project; or ``(B) $50,000,000. ``(2) Study.--The Federal share of the cost of the study described in subsection (a)(2) shall be 50 percent. ``(d) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of any project described in subsection (a).''. (b) Conforming Amendment.--The table of sections in section 2 of such Act is further amended by inserting after the item relating to section 1635 the following: ``Sec. 1636. Regional brine lines.''. SEC. 3. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 1637. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. ``(a) In General.--The Secretary, in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, the Western Municipal Water District, and the Santa Ana Watershed Project Authority and acting under the Federal reclamation laws, shall participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $50,000,000. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (b) Conforming Amendment.--The table of sections in section 2 of such Act is further amended by inserting after the item relating to section 1636 the following: ``Sec. 1637. Lower Chino Dairy Area desalination demonstration and reclamation project.''.

Sets forth limits respecting the Federal cost share of such projects and study. Authorizes appropriations.

To amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to particpate in the Inland Empire regional water recycling project, to authorize the Secretary to carry out a program to assist agencies in projects to construct regional brine lines in California, and to authorize the Secretary to participate in the Lower Chino Dairy Area desalination demonstration and reclamation project.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paid Vacation Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) according to the Bureau of Labor Statistics, each year the average American works one month (160 hours) more today than in 1976; (2) job-related stress costs business $344 billion a year in absenteeism, lost productivity, and health costs; (3) some 75 percent of visits to primary care physicians come from stress-induced problems; (4) 147 countries require paid vacation leave, and the United States is the only industrialized Nation without a minimum annual leave law; (5) one of the fastest growing economies in the world, China, requires 3 weeks off for employees, which they call ``Golden Weeks''; (6) Canada requires 2 weeks off for all employees, and 3 weeks off for employees with 5 years or more with one employer; (7) the Pew Research Center says more free time is the number one priority for middle-class Americans--with 68 percent of those surveyed listed this as a high priority for them; (8) in 2008, about half (52 percent) of American workers took a vacation of a week or longer, and only 14 percent of American workers took 2 weeks or more for vacation; (9) men who don't take regular vacations are 32 percent more likely to die of heart attacks, and 21 percent more likely to die early of all causes; (10) women who don't take regular vacations have a 50 percent greater risk of heart attack, and are twice as likely to be depressed as those who do; (11) the travel industry adds $740 billion a year to the Nation's economy, while stress and burnout at work cost the economy over $300 billion a year; and (12) vacations allow workers and businesses to increase productivity, decrease stress-related health costs, and provide time for family strengthening and bonding. SEC. 3. ENTITLEMENT TO VACATION. Section 7 of the Fair Labor Standards Act (29 U.S.C. 207) is amended by inserting after subsection (b) the following: ``(c)(1) Beginning on the date of enactment of the Paid Vacation Act of 2009, an eligible employee of an employer that employs 100 or more employees at any time during a calendar year shall be entitled to a total of 1 workweek of paid vacation during each 12-month period. ``(2) Beginning on the date that is 3 years after the date of enactment of the Paid Vacation Act of 2009, an eligible employee of an employer that employs 50 or more employees at any time during a calendar year shall be entitled to a total of 1 workweek of paid vacation during each 12-month period, and an eligible employee of an employer that employs 100 or more employees shall be entitled to a total of 2 workweeks of paid vacation during each 12-month period, beginning on that eligible employee's first anniversary of employment. ``(3) An eligible employee shall provide the employer with not less than 30 days' notice, before the date the paid vacation under paragraph (1) or (2) is to begin, of the employee's intention to take paid vacation under such paragraph, and identify the date such paid vacation shall begin. ``(4) For purposes of this subsection-- ``(A) the term `eligible employee' means an employee who has been employed for at least 12 months by the employer with respect to whom leave is requested under paragraph (1) or (2) and for at least 1,250 hours of service with such employer during such 12-month period; and ``(B) the term 1 workweek of `paid vacation' means vacation time, in addition to and apart from sick leave and any leave otherwise required by law, to be taken in a continuous series or block of work days comprising 7 calendar days that cannot be rolled over, but must be used within the 12-month period. ``(5) The exemptions to this section provided in section 13 shall not apply to this subsection.''. SEC. 4. PUBLIC AWARENESS CAMPAIGN BY DEPARTMENT OF LABOR. The Secretary of Labor is authorized to conduct a public awareness campaign, through the Internet and other media, to inform the public of the entitlement to leave afforded by this Act. There is authorized to be appropriated such sums as may be necessary for the public awareness campaign. SEC. 5. STUDY ON PRODUCTIVITY. The Secretary of Labor shall conduct a study on workplace productivity and the effect on productivity of the leave requirement in this Act. The study shall also address any benefits to public health and psychological well-being as a result of such leave. Not later than 3 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report containing the findings of the study, and shall publish such findings on the website of the Department of Labor.

Paid Vacation Act of 2009 - Amends the Fair Labor Standards Act to require: (1) upon enactment of this Act, each employer who employs 100 or more employees to provide each employee one week of paid vacation during each 12-month period; and (2) beginning three years after enactment of this Act, each employer who employs 50 or more employees to provide each employee one week of paid vacation during each 12-month period, and each employer that employs 100 or more employees to provide each employee two weeks paid vacation during each 12-month period, beginning on the employee's first anniversary of employment. Requires an employee to provide the employer not less than 30 days' prior notice of his or her intent to take paid vacation, including the date the paid vacation will begin. Requires the Secretary of Labor to conduct: (1) a public awareness campaign, through the Internet and other media, to inform the public of the entitlement to paid leave under the Act; and (2) a study on workplace productivity and the effect of paid leave on such productivity.

To amend the Fair Labor Standards Act to require that employers provide a minimum of 1 week of paid annual leave to employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Encryption Standards and Procedures Act of 1994''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Advancements in communications and information technology and the widespread use of that technology have enhanced the volume and value of domestic and international communication of electronic information as well as the ability to preserve the confidentiality, protect the privacy, and authenticate the origin, of that information. (2) The proliferation of communications and information technology has made it increasingly difficult for the government to obtain and decipher, in a timely manner and as provided by law, electronic information that is necessary to provide for public safety and national security. (3) The development of the Nation's information infrastructure and the realization of the full benefits of that infrastructure require that electronic information resident in, or communicated over, that infrastructure is secure, confidential, and authentic. (4) Security, privacy, and authentication of electronic information resident in, or communicated over, the Nation's information infrastructure are enhanced with the use of encryption technology. (5) The rights of individuals and other persons to security, privacy, and protection in their communications and in the dissemination and receipt of electronic information should be preserved and protected. (6) The authority and ability of the government to obtain and decipher, in a timely manner and as provided by law, electronic information necessary to provide for public safety and national security should also be preserved. (7) There is a national need to develop, adopt, and use encryption methods and procedures that advance the development of the Nation's information infrastructure and that preserve the personal rights referred to in paragraph (5) and the governmental authority and ability referred to in paragraph (6), as provided by law. (b) Purposes.--It is the purpose of this Act-- (1) to promote the development of the Nation's information infrastructure consistent with public welfare and safety, national security, and the privacy and protection of personal property; (2) to encourage and facilitate the development, adoption, and use of encryption standards and procedures that provide sufficient privacy, protection, and authentication of electronic information and that reasonably satisfy the needs of government to provide for public safety and national security; and (3) to establish Federal policy governing the development, adoption, and use of encryption standards and procedures and a Federal program to carry out that policy. SEC. 3. ENCRYPTION STANDARDS AND PROCEDURES. (a) Computer System Security and Privacy Advisory Board.-- (1) Requirement of privacy expertise.--Section 21(a)(2) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-4(a)(2)) is amended by inserting ``(including computer systems privacy)'' after ``related disciplines''. (2) Expanded functions.--Section 21(b) of such Act (15 U.S.C. 278g-4(b)) is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``; and''; and (C) by adding after paragraph (3) the following new paragraph: ``(4) to advise the Institute and the Congress on privacy issues pertaining to electronic information and on encryption standards developed under section 31(b).''. (b) Standards and Procedures.--The National Institute of Standards and Technology Act is further amended-- (1) by redesignating section 31 as section 32; and (2) by inserting after section 30 the following new section 31: ``SEC. 31. ENCRYPTION STANDARDS AND PROCEDURES. ``(a) Establishment and Authority.--The Secretary, acting through the Director, shall establish an Encryption Standards and Procedures Program to carry out this section. In carrying out this section, the Secretary, acting through the Director, may (in addition to the authority provided under section 2) conduct research and development on encryption standards and procedures, make grants, and enter into contracts, cooperative agreements, joint ventures, royalty arrangements, and licensing agreements on such terms and conditions the Secretary considers appropriate. ``(b) Federal Encryption Standards.-- ``(1) In general.--The Secretary, acting through the Director and after providing notice to the public and an opportunity for comment, may by regulation develop encryption standards as part of the program established under subsection (a). ``(2) Requirements.--Any encryption standard developed under paragraph (1)-- ``(A) shall, to the maximum extent practicable, provide for the confidentiality, integrity, or authenticity of electronic information; ``(B) shall advance the development, and enhance the security, of the Nation's information infrastructure; ``(C) shall contribute to public safety and national security; ``(D) shall not diminish existing privacy rights of individuals and other persons; ``(E) shall preserve the functional ability of the government to decipher, in a timely manner, electronic information that has been obtained pursuant to an electronic surveillance permitted by law; ``(F) may be implemented in software, firmware, hardware, or any combination thereof; and ``(G) shall include a validation program to determine the extent to which such standards have been implemented in conformance with the requirements set forth in this paragraph. ``(3) Consultation.--Standards developed under paragraph (1) shall be developed in consultation with the heads of other appropriate Federal agencies. ``(c) Permitted Use of Standards.--The Federal Government shall make available for public use any standard established under subsection (b), except that nothing in this Act may be construed to require such use by any individual or other person. ``(d) Escrow Agents.-- ``(1) Designation.--If a key escrow encryption standard is established under subsection (b), the President shall designate at least 2 Federal agencies that satisfy the qualifications referred to in paragraph (2) to act as key escrow agents for that standard. ``(2) Qualifications.--A key escrow agent designated under paragraph (1) shall be a Federal agency that-- ``(A) possesses the capability, competency, and resources to administer the key escrow encryption standard, to safeguard sensitive information related to it, and to carry out the responsibilities set forth in paragraph (3) in a timely manner; and ``(B) is not a Federal agency that is authorized by law to conduct electronic surveillance. ``(3) Responsibilities.--A key escrow agent designated under paragraph (1) shall, by regulation and in consultation with the Secretary and any other key escrow agent designated under such paragraph, establish procedures and take other appropriate steps-- ``(A) to safeguard the confidentiality, integrity, and availability of keys or components thereof held by the agent pursuant to this subsection; ``(B) to preserve the integrity of any key escrow encryption standard established under subsection (b) for which the agent holds the keys or components thereof; ``(C) to hold and manage the keys or components thereof consistent with the requirements of this section and the encryption standard established under subsection (b); and ``(D) to carry out the responsibilities set forth in this paragraph in the most effective and efficient manner practicable. ``(4) Authority.--A key escrow agent designated under paragraph (1) may enter into contracts, cooperative agreements, and joint ventures and take other appropriate steps to carry out its responsibilities. ``(e) Limitations on Access and Use.-- ``(1) Release of key to certain agencies.--A key escrow agent designated under subsection (d) may release a key or component thereof held by the agent pursuant to that subsection only to a Federal agency that is authorized by law to conduct electronic surveillance and that is authorized to obtain and use the key or component by court order or other provision of law. An entity to whom a key or component thereof has been released under this paragraph may use the key or component thereof only in the manner and for the purpose and duration that is expressly provided for in the court order or other provision of law authorizing such release and use. ``(2) Limitation on use by private persons and foreign citizens.-- ``(A) In general.--Except as provided in subparagraph (B), a person (including a person not a citizen or permanent resident of the United States) that is not an agency of the Federal Government or a State or local government shall not have access to or use keys associated with an encryption standard established under subsection (b). ``(B) Exception.--A representative of a foreign government may have access to and use a key associated with an encryption standard established under subsection (b) only if the President determines that such access and use is in the national security and foreign policy interests of the United States. The President shall prescribe the manner and conditions of any such access and use. ``(3) Limit on use by government agencies.--A government agency, instrumentality, or political subdivision thereof shall not have access to or use a key or component thereof associated with an encryption standard established under subsection (b) that is held by a key escrow agent under subsection (d) unless such access or use is authorized by this section, by court order, or by other law. ``(f) Review and Report.-- ``(1) In general.--Within 2 years after the date of the enactment of this Act and at least once every 2 years thereafter, the Secretary shall conduct a hearing on the record in which all interested parties shall have an opportunity to comment on the extent to which encryption standards, procedures, and requirements established under this section have succeeded in fulfilling the purposes of this section and the manner and extent to which such standards, procedures, and requirements can be improved. ``(2) Report.--Upon completion of a hearing conducted under paragraph (1), the Secretary shall submit to the Congress a report containing a statement of the Secretary's findings pursuant to the hearing along with recommendations and a plan for correcting any deficiencies or abuses in achieving the purposes of this section that are identified as a result of the hearing. ``(g) Regulations.--Within one year after the date of the enactment of this Act, the Secretary and each key escrow agent designated by the President under subsection (d) shall, after notice to the public and opportunity for comment, issue any regulations necessary to carry out this section. ``(h) Liability.--The United States shall not be liable for any loss incurred by any individual or other person resulting from any compromise or security breach of any encryption standard established under subsection (b) or any violation of this section or any regulation or procedure established by or under this section by-- ``(1) any person who is not an official or employee of the United States; or ``(2) any person who is an official or employee of the United States, unless such compromise, breach, or violation is willful. ``(i) Severability.--If any provision of this section, or the application thereof, to any person or circumstance, is held invalid, the remainder of this section, and the application thereof, to other persons or circumstances shall not be affected thereby. ``(j) Definitions.--For purposes of this section: ``(1) The term `content', when used with respect to electronic information, includes the substance, purport, or meaning of that information. ``(2) The term `electronic communications system' has the meaning given such term in section 2510(14) of title 18, United States Code. ``(3) The term `encryption' means a method-- ``(A) to encipher and decipher the content of electronic information to protect the privacy and security of such information; or ``(B) to verify the integrity, or authenticate the origin, of electronic information. ``(4) The term `encryption standard' means a technical, management, physical, or administrative standard or associated guideline or procedure for conducting encryption, including key escrow encryption, to ensure or verify the integrity, authenticity, or confidentiality of electronic information that, regardless of application or purpose, is stored, processed, transmitted, or otherwise communicated domestically or internationally in any public or private electronic communications system. ``(5) The term `key escrow encryption' means an encryption method that allows the government, pursuant to court order or other provision of law, to decipher electronic information that has been encrypted with that method by using a unique secret code or key that is, in whole or in part, held by and obtained from a key escrow agent. ``(6) The term `key escrow agent' means an entity designated by the President under subsection (d) to hold and manage keys associated with an encryption standard established under subsection (b). ``(7) The term `key' means a unique secret code or character string that enables a party other than the sender, holder, or intended recipient of electronic information to decipher such information that has been enciphered with a corresponding encryption standard established under subsection (b) only with such code or string. ``(8) The term `electronic information' means the content, source, or destination of any information in any electronic form and in any medium which has not been specifically authorized by a Federal statute or an Executive Order to be kept secret in the interest of national defense or foreign policy and which is stored, processed, transmitted or otherwise communicated, domestically or internationally, in an electronic communications system, and ``(A) electronic communication within the meaning of section 2510(12) of title 18, United States Code; or ``(B) wire communication within the meaning of section 2510(1) of such title. ``(9) The term `government' means the Federal Government, a State or political subdivision of a State, the District of Columbia, or a commonwealth, territory, or possession of the United States. ``(k) Authorization of Appropriations.-- ``(1) In general.--From amounts otherwise authorized to be appropriated to the Secretary of Commerce for fiscal years 1995 through 1997 to carry out the programs of the Institute, the amount of $50,000,000 shall be available for such fiscal years to carry out this section. Such amount shall remain available until expended. Of such amount, $1,000,000 shall be available for the National Research Council study on national cryptography policy authorized under section 267 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C 421 note). ``(2) Transfer authority.--The Secretary may transfer funds appropriated pursuant to paragraph (1) to a key escrow agent other than the Secretary in amounts sufficient to cover the cost of carrying out the responsibilities of the agent under this section. Funds so transferred shall remain available until expended.''. HR 5199 IH----2

Encryption Standards and Procedures Act of 1994 - Amends the National Institute of Standards and Technology Act to establish an Encryption Standards and Procedures Program to: (1) promote the development of an information infrastructure consistent with public welfare, national security, and the privacy and protection of personal property; (2) encourage the development and use of encryption standards; and (3) establish related Federal policies and standards.

Encryption Standards and Procedures Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal-Local Information Sharing Partnership Act of 2001''. SEC. 2. AUTHORITY TO SHARE GRAND JURY INFORMATION. Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure is amended-- (1) in clause (i)(V), by inserting after ``national security official'' the following: ``or to law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)''; and (2) in clause (iii)-- (A) by striking ``Federal''; and (B) by adding at the end the following: ``Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to clause (i)(V), shall only use that information consistent with such guidelines as the Attorney General shall issue to protect confidentiality.''. SEC. 3. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION INFORMATION. Section 2517(6) of title 18, United States Code, is amended-- (1) in the first sentence, by inserting after ``national security official'' the following: ``or to law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)''; (2) in the second sentence, by striking ``Federal''; and (3) by adding at the end the following: ``Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with such guidelines as the Attorney General shall issue to protect confidentiality.''. SEC. 4. FOREIGN INTELLIGENCE INFORMATION. Section 203(d)(1) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001 (Public Law 107-56) is amended-- (1) in the first sentence, by inserting after ``national security official'' the following: ``or to law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)''; (2) in the second sentence, by striking ``Federal''; and (3) by adding at the end the following: ``Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with such guidelines as the Attorney General shall issue to protect confidentiality.''. SEC. 5. DISCLOSURES TO GOVERNMENTAL AGENCIES FOR COUNTERTERRORISM PURPOSES. Section 626(a) of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by adding at the end the following: ``The recipient of that consumer report or information may further disclose the contents of that report or information to law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision) to assist the official who is to receive that information in the performance of the official duties of that official. Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this subsection shall only use that information consistent with such guidelines as the Attorney General shall issue to protect confidentiality.''. SEC. 6. MULTILATERAL COOPERATION AGAINST TERRORISTS. Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) is amended-- (1) in paragraph (1), by striking the period at the end and inserting a semicolon; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) the Secretary of State may provide copies of any record of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States, or any information contained in those records, to law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision), if the Secretary determines that it is necessary and appropriate, however, any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with such guidelines as the Attorney General shall issue to protect confidentiality; and''. SEC. 7. INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEILLANCE. Section 160(k)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806) is amended by inserting after ``law enforcement officers'' the following: ``or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)''. SEC. 8. INFORMATION ACQUIRED FROM A PHYSICAL SEARCH. Section 305(k)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1825) is amended by inserting after ``law enforcement officers'' the following: ``or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision)''. SEC. 9. DISCLOSURE OF EDUCATIONAL RECORDS. Section 444(j)(1)(B) of the General Education Provisions Act (20 U.S.C. 1232g) is amended-- (1) by inserting after ``disseminate'' the following: ``(including disclosure of the contents of those education records to law enforcement personnel of a State or political subdivision of a State, including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision, in the performance of the official duties of that law enforcement officer)''; and (2) by adding at the end the following: ``Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with those guidelines.''. SEC. 10. INVESTIGATION AND PROSECUTION OF TERRORISM. Section 408(c)(1)(B) of the National Education Statistics Act of 1994 (20 U.S.C. 9007) is amended-- (1) by inserting after ``disseminate'' the following: ``(including disclosure of the contents of those reports, records, and information to law enforcement personnel of a State or political subdivision of a State, including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision, in the performance of the official duties of that law enforcement officer)''; and (2) by adding at the end the following: ``Any chief executive officer or law enforcement personnel of a State or political subdivision of a State who receives information pursuant to this paragraph shall only use that information consistent with those guidelines.''.

Federal-Local Information Sharing Partnership Act of 2001 - Amends the Federal Rules of Criminal Procedure, the Federal criminal code, and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001 to authorize the sharing of grand jury information, electronic, wire, and oral interception information, and foreign intelligence information, respectively, with State or local law enforcement personnel. Directs that such information be used consistent with such guidelines as the Attorney General shall issue to protect confidentiality.Amends: (1) the Fair Credit Reporting Act to authorize the recipient of a consumer report or information to disclose the contents to law enforcement personnel to assist in the performance of official duties; and (2) the Immigration and Nationality Act to authorize the Secretary of State to provide copies of Department of State and U.S. diplomatic and consular office records regarding visas or related information to law enforcement personnel. Directs that such information be used consistent with such guidelines.Amends: (1) the Foreign Intelligence Surveillance Act of 1978 to authorize the sharing of information acquired from an electronic surveillance or from a physical search with law enforcement personnel; and (2) the General Education Provisions Act and the National Education Statistics Act of 1994 to authorize the disclosure of the contents of education records and reports, records, and information to law enforcement personnel, subject to guidelines for the use of that information.

To provide for the sharing of certain foreign intelligence information with local law enforcement personnel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Forest Restoration Act''. SEC. 2. CATEGORICAL EXCLUSION TO ADDRESS A DECLARED EMERGENCY. (a) Authority To Conduct Forest Management Activity.--The Secretary concerned may develop and carry out a forest management activity on National Forest System lands or public lands in a State when the primary purpose of the forest management activity is to address a declared emergency. (b) Availability of Categorical Exclusion.--Except as provided in section 4, a categorical exclusion is available to the Secretary concerned to develop and carry out a forest management activity described in subsection (a). (c) Authorization of Appropriations.--For purposes of this section, there is authorized to be appropriated to the Secretary concerned $300,000,000 for each of fiscal years 2018 through 2025. SEC. 3. USE OF TIMBER SALE REVENUES TO OFFSET FUNDS APPROPRIATED TO ADDRESS A DECLARED EMERGENCY. (a) Timber Sales Required.-- (1) Identification of amounts appropriated.--For fiscal year 2019 and each fiscal year thereafter, the Secretary of Agriculture shall identify the amount of funds, if any, appropriated in the prior fiscal year pursuant to the authorization of appropriations in section 2(c). (2) Sales.--Not later than 5 years after the end of the fiscal year in which an identification is made under paragraph (1), the Secretary of Agriculture shall sell (in the manner provided for under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a)) an amount of timber the sale of which is sufficient to recoup the amount identified under paragraph (1) and any costs associated with such sale. (3) Proceeds.--Proceeds from the sale of timber described under paragraph (2) shall be deposited as follows: (A) An amount equal to the appropriated amount identified under paragraph (1) shall be deposited in the general fund of the Treasury of the United States as miscellaneous receipts. (B) An amount equal to the costs associated with the sale shall be deposited in a designated fund from which sums are to be used, to cover the cost to the United States for design, engineering, and supervision of the construction of needed roads and the cost for Forest Service sale preparation and supervision of the harvesting of such timber. (C) Any amounts not described under subparagraph (A) or (B) shall be deposited in the general fund of the Treasury of the United States as miscellaneous receipts. (b) Categorical Exclusion.--Except as provided in section 4, a categorical exclusion is available to the Secretary of Agriculture for timber sales conducted pursuant to subsection (a). SEC. 4. LIMITATION OF CATEGORICAL EXCLUSION. A categorical exclusion under this Act may not be used on National Forest System lands or public lands-- (1) that are included in the National Wilderness Preservation System; (2) that are located within an inventoried roadless area unless the reforestation activity is consistent with the forest plan applicable to the area; or (3) on which timber harvesting for any purpose is prohibited by statute. SEC. 5. DEFINITIONS. In this Act: (1) Categorical exclusion.--The term ``categorical exclusion'' means an exception to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) for a project or activity relating to the management of National Forest System lands or public lands that would otherwise be considered a major Federal action. (2) Declared emergency.--The term ``declared emergency'' means an insect or disease infestation in a State that has been declared an emergency by the Governor of such State. (3) National forest system lands.--The term ``National Forest System lands'' means Federal lands derived from the public domain that are included in the National Forest System (as such term is defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))), including such lands within the boundaries of a national monument managed by the Forest Service. (4) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture, with respect to National Forest System lands; or (B) the Secretary of the Interior, with respect to public lands. (5) State.--The term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.

Emergency Forest Restoration Act This bill allows the Department of Agriculture (USDA), regarding National Forest System lands, or the Department of the Interior, regarding public lands, to develop and carry out a forest management activity on lands of the department concerned in a state when the activity's primary purpose is to address an insect or disease infestation that has been declared an emergency by the state governor. With specified exceptions, a categorical exclusion shall be available to USDA or Interior for these purposes. A "categorical exclusion" is an exception to the requirements of the National Environmental Policy Act of 1969 for a project or activity relating to the management of National Forest System lands or public lands that would otherwise be considered a major federal action. Beginning in FY2019, USDA shall identify the amount of funds, if any, appropriated in the previous fiscal year pursuant to the authorization of appropriations specified in this bill. Within five years of the end of the fiscal year in which an identification is made, USDA shall sell an amount of timber the sale of which is sufficient to recoup the identified amount and any associated costs. The bill prescribes requirements for the deposit of sales proceeds.

Emergency Forest Restoration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer and Main Street Protection Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) merchandise purchased from out-of-State firms is subject to State and local sales taxes in the same manner as merchandise purchased from in-State firms, (2) State and local governments generally are unable to compel out-of-State firms to collect and remit such taxes, and consequently, many out-of-State firms choose not to collect State and local taxes on merchandise delivered across State lines, (3) moreover, many out-of-State firms fail to inform their customers that such taxes exist, with some firms even falsely claim that merchandise purchased out-of-State is tax-free, and consequently, many consumers unknowingly incur tax liabilities, including interest and penalty charges, (4) Congress has a duty to protect consumers from explicit or implicit misrepresentations of State and local sales tax obligations, (5) small businesses, which are compelled to collect State and local sales taxes, are subject to unfair competition when out-of-State firms cannot be compelled to collect and remit such taxes on their sales to residents of the State, (6) State and local governments provide a number of resources to out-of-State firms including government services relating to disposal of tons of catalogs, mail delivery, communications, and bank and court systems, (7) the inability of State and local governments to require out-of-State firms to collect and remit sales taxes deprives State and local governments of needed revenue and forces such State and local governments to raise taxes on taxpayers, including consumers and small businesses, in such State, (8) the Supreme Court ruled in Quill Corporation v. North Dakota, 112 S. Ct. 1904 (1992) that the due process clause of the Constitution does not prohibit a State government from imposing personal jurisdiction and tax obligations on out-of- State firms that purposefully solicit sales from residents therein, and that the Congress has the power to authorize State governments to require out-of-State firms to collect State and local sales taxes, and (9) as a matter of federalism, the Federal Government has a duty to assist State and local governments in collecting sales taxes on sales from out-of-State firms. SEC. 3. AUTHORITY FOR COLLECTION OF SALES TAX. (a) In General.--A State is authorized to require a person who is subject to the personal jurisdiction of the State to collect and remit a State sales tax, a local sales tax, or both, with respect to tangible personal property if-- (1) the destination of the tangible personal property is in the State, (2) during the 1-year period ending on September 30 of the calendar year preceding the calendar year in which the taxable event occurs, the person has gross receipts from sales of such tangible personal property-- (A) in the United States exceeding $3,000,000, or (B) in the State exceeding $100,000, and (3) the State, on behalf of its local jurisdictions, collects and administers all local sales taxes imposed pursuant to this Act. (b) States Must Collect Local Sales Taxes.-- Except as provided in section 4(d), a State in which both State and local sales taxes are imposed may not require State sales taxes to be collected and remitted under subsection (a) unless the State also requires the local sales taxes to be collected and remitted under subsection (a). (c) Aggregation Rules.--All persons that would be treated as a single employer under section 52 (a) or (b) of the Internal Revenue Code of 1986 shall be treated as one person for purposes of subsection (a). (d) Destination.--For purposes of subsection (a), the destination of tangible personal property is the State or local jurisdiction which is the final location to which the seller ships or delivers the property, or to which the seller causes the property to be shipped or delivered, regardless of the means of shipment or delivery or the location of the buyer. SEC. 4. TREATMENT OF LOCAL SALES TAXES. (a) Uniform Local Sales Taxes.-- (1) In general.--Sales taxes imposed by local jurisdictions of a State shall be deemed to be uniform for purposes of this Act and shall be collected under this Act in the same manner as State sales taxes if-- (A) such local sales taxes are imposed at the same rate and on identical transactions in all geographic areas in the State, and (B) such local sales taxes imposed on sales by out- of-State persons are collected and administered by the State. (2) Application to border jurisdiction tax rates.--A State shall not be treated as failing to meet the requirements of paragraph (1)(A) if, with respect to a local jurisdiction which borders on another State, such State or local jurisdiction-- (A) either reduces or increases the local sales tax in order to achieve a rate of tax equal to that imposed by the bordering State on identical transactions, or (B) exempts from the tax transactions which are exempt from tax in the bordering State. (b) Nonuniform Local Sales Taxes.-- (1) In general.--Except as provided in subsection (d), nonuniform local sales taxes required to be collected pursuant to this Act shall be collected under one of the options provided under paragraph (2). (2) Election.--For purposes of paragraph (1), any person required under authority of this Act to collect nonuniform local sales taxes shall elect to collect either-- (A) all nonuniform local sales taxes applicable to transactions in the State, or (B) a fee (at the rate determined under paragraph (3)) which shall be in lieu of the nonuniform local sales taxes described in subparagraph (A). Such election shall require the person to use the method elected for all transactions in the State while the election is in effect. (3) Rate of in-lieu fee.--For purposes of paragraph (2)(B), the rate of the in-lieu fee for any calendar year shall be an amount equal to the product of-- (A) the amount determined by dividing total nonuniform local sales tax revenues collected in the State for the most recently completed State fiscal year for which data is available by total State sales tax revenues for the same year, and (B) the State sales tax rate. Such amount shall be rounded to the nearest 0.25 percent. (4) Nonuniform local sales taxes.--For purposes of this Act, nonuniform local sales taxes are local sales taxes which do not meet the requirements of subsection (a). (c) Distribution of Local Sales Taxes.-- (1) In general.--Except as provided in subsection (d), a State shall distribute to local jurisdictions a portion of the amounts collected pursuant to this Act determined on the basis of-- (A) in the case of uniform local sales taxes, the proportion which each local jurisdiction receives of uniform local sales taxes not collected pursuant to this Act, (B) in the case of in-lieu fees described in subsection (b)(2)(B), the proportion which each local jurisdiction's nonuniform local sales tax receipts bears to the total nonuniform local sales tax receipts in the State, and (C) in the case of any nonuniform local sales tax collected pursuant to this Act, the geographical location of the transaction on which the tax was imposed. The amounts determined under subparagraphs (A) and (B) shall be calculated on the basis of data for the most recently completed State fiscal year for which the data is available. (2) Timing.--Amounts described in paragraph (1) (B) or (C) shall be distributed by a State to its local jurisdictions in accordance with State timetables for distributing local sales taxes, but not less frequently than every calendar quarter. Amounts described in paragraph (1)(A) shall be distributed by a State as provided under State law. (3) Transition rule.--If, upon the effective date of this Act, a State has a State law in effect providing a method for distributing local sales taxes other than the method under this subsection, then this subsection shall not apply to that State until the 91st day following the adjournment sine die of that State's next regular legislative session which convenes after the effective date of this Act (or such earlier date as State law may provide). Local sales taxes collected pursuant to this Act prior to the application of this subsection shall be distributed as provided by State law. (d) Exception Where State Board Collects Taxes.--Notwithstanding section 3(b) and subsections (b) and (c) of this section, if a State had in effect on January 1, 1995, a State law which provides that local sales taxes are collected and remitted by a board of elected States officers, then for any period during which such law continues in effect-- (1) the State may require the collection and remittance under this Act of only the State sales taxes and the uniform portion of local sales taxes, and (2) the State may distribute any local sales taxes collected pursuant to this Act in accordance with State law. SEC. 5. RETURN AND REMITTANCE REQUIREMENTS. (a) In General.--A State may not require any person subject to this Act-- (1) to file a return reporting the amount of any tax collected or required to be collected under this Act, or to remit the receipts of such tax, more frequently than once with respect to sales in a calendar quarter, or (2) to file the initial such return, or to make the initial such remittance, before the 90th day after the person's first taxable transaction under this Act. (b) Local Taxes.--The provisions of subsection (a) shall also apply to any person required by a State acting under authority of this Act to collect a local sales tax or in-lieu fee. SEC. 6. NONDISCRIMINATION AND EXEMPTIONS. Any State which exercises any authority granted under this Act shall allow to all persons subject to this Act all exemptions or other exceptions to State and local sales taxes which are allowed to persons located within the State or local jurisdiction. SEC. 7. APPLICATION OF STATE LAW. (a) Persons Required To Collect State or Local Sales Tax.--Any person required by section 3 to collect a State or local sales tax shall be subject to the laws of such State relating to such sales tax to the extent that such laws are consistent with the limitations contained in this Act. (b) Limitations.--Except as provided in subsection (a), nothing in this Act shall be construed to permit a State-- (1) to license or regulate any person, (2) to require any person to qualify to transact intrastate business, or (3) to subject any person to State taxes not related to the sales of tangible personnel property. (c) Preemption.--Except as otherwise provided in this Act, this Act shall not be construed to preempt or limit any power exercised or to be exercised by a State or local jurisdiction under the law of such State or local jurisdiction or under any other Federal law. SEC. 8. TOLL-FREE INFORMATION SERVICE. A State shall not have power under this Act to require any person to collect a State or local sales tax on any sale unless, at the time of such sale, such State has a toll-free telephone service available to provide such person information relating to collection of such State or local sales tax. Such information shall include, at a minimum, all applicable tax rates, return and remittance addresses and deadlines, and penalty and interest information. As part of the service, the State shall also provide all necessary forms and instructions at no cost to any person using the service. The State shall prominently display the toll-free telephone number on all correspondence with any person using the service. This service may be provided jointly with other States. SEC. 9. DEFINITIONS. For the purposes of this Act-- (1) the term ``compensating use tax'' means a tax imposed on or incident to the use, storage, consumption, distribution, or other use within a State or local jurisdiction or other area of a State, of tangible personal property; (2) the term ``local sales tax'' means a sales tax imposed in a local jurisdiction or area of a State and includes, but is not limited to-- (A) a sales tax or in-lieu fee imposed in a local jurisdiction or area of a State by the State on behalf of such jurisdiction or area, and (B) a sales tax imposed by a local jurisdiction or other State-authorized entity pursuant to the authority of State law, local law, or both; (3) the term ``person'' means an individual, a trust, estate, partnership, society, association, company (including a limited liability company) or corporation, whether or not acting in a fiduciary or representative capacity, and any combination of the foregoing; (4) the term ``sales tax'' means a tax, including a compensating use tax, that is-- (A) imposed on or incident to the sale, purchase, storage, consumption, distribution, or other use of tangible personal property as may be defined or specified under the laws imposing such tax, and (B) measured by the amount of the sales price, cost, charge or other value of or for such property; and (5) the term ``State'' means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. SEC. 10. EFFECTIVE DATE. This Act shall take effect 180 days after the date of the enactment of this Act. In no event shall this Act apply to any sale occurring before such effective date.

Consumer and Main Street Protection Act of 1995 - Authorizes States to require a person who is subject to the personal jurisdiction of the State to collect and remit a State sales tax, a local sales tax, or both, with respect to tangible personal property if: (1) the destination of the tangible personal property is in the State; (2) during the preceding year, the person has gross receipts from sales of such tangible personal property in the United States exceeding $3 million or in the State exceeding $100,000; and (3) the State, on behalf of its local jurisdictions, collects and administers all local sales taxes imposed pursuant to this Act. Provides for treatment of local sales taxes, return and remittance requirements, and application of State law. Provides that a State shall not have power to require any person to collect a State or local sales tax unless the State has a toll-free telephone service to provide information relating to the collection of such tax.

Consumer and Main Street Protection Act of 1995

SECTION 1. TAX ON OUTDOOR ADVERTISING. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to income taxes) is amended by adding at the end the following: ``PART VIII--OUTDOOR ADVERTISING ``Sec. 59B. Outdoor advertising. ``SEC. 59B. OUTDOOR ADVERTISING. ``(a) Imposition of Tax.--There is hereby imposed a tax equal to 15 percent of the gross income received or accrued by any person from the lease of any taxable outdoor advertising display. Such tax shall be in addition to any other tax imposed by this subtitle. ``(b) Taxable Outdoor Advertising Display.--For purposes of this section, the term `taxable outdoor advertising display' means any outdoor advertising display (as defined by section 1033(g)(3)(C)) other than such a display having 32 square feet or less of advertising space.''. (b) Technical Amendment.--The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Part VIII. Outdoor advertising.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. SEC. 2. OUTDOOR ADVERTISING PROGRAM TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to Trust Fund Code) is amended by adding at the end the following: ``SEC. 9512. OUTDOOR ADVERTISING PROGRAM TRUST FUND. ``(a) Establishment of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Outdoor Advertising Program Trust Fund', consisting of such amounts as may be appropriated or credited to the trust fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are appropriated to the Outdoor Advertising Program Trust Fund amounts equivalent to the revenues received in the Treasury from the tax imposed by section 59B. ``(c) Expenditures From Trust Fund.--The Secretary of the Treasury shall transfer from the Outdoor Advertising Program Trust Fund to the Secretary of Transportation such amounts as the Secretary of Transportation determines are necessary to carry out section 131 of title 23, United States Code.''. (b) Technical Amendment.--The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 9512. Outdoor Advertising Program Trust Fund.''. SEC. 3. CONTROL OF OUTDOOR ADVERTISING. Section 131 of title 23, United States Code, is amended-- (1) in subsection (d)-- (A) by striking ``(d) In'' and inserting the following: ``(d) Industrial and Commercial Areas.-- ``(1) In general.--In''; (B) in the first sentence of paragraph (1) (as so designated), by striking ``, or in unzoned'' and all that follows through ``Secretary''; and (C) by adding at the end the following: ``(2) Limitation on new signs.-- ``(A) In general.--Subject to this paragraph, no new sign, display, or device may be erected under paragraph (1) after the date of enactment of this paragraph. ``(B) Applicability of just compensation requirements.--Except as provided in subparagraph (C), just compensation under subsection (g) shall not be paid upon the removal of any sign, display, or device lawfully erected under State law after the date of enactment of this paragraph. ``(C) Exception.-- ``(i) In general.--Subject to clause (ii), a State may permit a person, at the person's option, to erect in the State a sign, display, or device in accordance with the requirements of paragraph (1) upon removal without payment of just compensation under subsection (g) of a sign, display, or device lawfully erected under this subsection. ``(ii) Statewide limitation.--The total number of signs, displays, and devices erected and maintained under this subsection in a State shall not exceed the total number of signs, displays, and devices lawfully erected before the date of enactment of this paragraph under this subsection in the State and in existence on that date.''; (2) in the first sentence of subsection (g), by striking ``and not permitted under subsection (c) of this section, whether or not removed pursuant to or because of this section'' and inserting ``and removed under this section''; (3) in subsection (k), by striking ``Subject to compliance with subsection (g) of this section for the payment of just compensation, nothing'' and inserting ``Nothing''; (4) in subsection (m), by striking the first and second sentences and inserting the following: ``There are appropriated from the Outdoor Advertising Program Trust Fund established by section 9512 of the Internal Revenue Code of 1986 such sums as are necessary to carry out this section.''; (5) by redesignating subsection (t) as subsection (v); and (6) by inserting after subsection (s) the following: ``(t) State Inventory of Outdoor Advertising Signs, Displays, and Devices.-- ``(1) Requirement.--For the purpose of subsection (b), a State shall not be considered to have made provision for effective control of the erection and maintenance of outdoor advertising signs, displays, and devices unless the State maintains, and annually submits to the Secretary, an inventory of all outdoor advertising signs, displays, and devices in the State for which the effective control is required under this section, including a specification of whether each sign, display, or device is illegal, nonconforming, or conforming under State law. ``(2) State scenic byways.--The State inventory required by paragraph (1) shall identify each sign, display, or device described in paragraph (1) that is located along a highway on the Interstate System or Federal-aid primary system designated as a scenic byway under a program of the State described in subsection (s). ``(3) Use of state inventories.--The Secretary shall use the State inventories submitted under this subsection to ensure compliance with subsection (d)(2)(C)(ii) and to carry out this section. ``(u) Limitation on Vegetation Removal.--For the purpose of subsection (b), a State shall not be considered to have made provision for effective control of the erection and maintenance of outdoor advertising signs, displays, and devices if the State carries out or permits the removal of vegetation in, or other alteration of, a right- of-way referred to in subsection (b) for the purpose of improving the visibility of any outdoor advertising sign, display, or device located outside the right-of-way.''.

Amends the Internal Revenue Code to: (1) impose a tax equal to 15 percent of the gross income received from the lease of any taxable outdoor advertising display; and (2) establish in the Treasury the Outdoor Advertising Program Trust Fund into which the revenues collected from the imposition of such tax shall be deposited. Amends Federal aid highway law to repeal a provision which allows outdoor advertising to be placed within a certain distance of unzoned commercial or industrial areas on or near the Interstate and primary highway systems. Prohibits: (1) any new sign, display, or device from being erected after the enactment of this Act in specified areas adjacent to such systems; and (2) compensation from being paid for the removal of such signs and related advertising, with exceptions. Requires funds for the control of outdoor advertising to be appropriated from the Fund. (Currently, such funds are authorized to be appropriated from the Treasury.) Provides that a State shall not be considered to have made provision for effective control of the erection and maintenance of signs along the Interstate and primary systems: (1) unless it maintains and annually submits to the Secretary of Transportation an inventory of all State signs for which such control is required; and (2) if it carries out or permits the removal of vegetation in, or alteration of, certain rights-of-way in order to improve the visibility of any sign located outside a right-of-way. Requires such State inventory to identify each sign that is located along a system highway designated as a scenic byway.

A bill to improve the control of outdoor advertising in areas adjacent to the Interstate System, the National Highway System, and certain other federally assisted highways, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Depository Institution Disaster Relief Act of 1997''. SEC. 2. TRUTH IN LENDING ACT; EXPEDITED FUNDS AVAILABILITY ACT. (a) Truth in Lending Act.--During the 180-day period beginning on the date of enactment of this Act, the Board may make exceptions to the Truth in Lending Act (15 U.S.C. 1601 et seq.) for transactions within an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), has determined that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1997 flooding of the Red River of the North and its tributaries, if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweigh possible adverse effects. (b) Expedited Funds Availability Act.--During the 180-day period beginning on the date of enactment of this Act, the Board may make exceptions to the Expedited Funds Availability Act (12 U.S.C. 4001 et seq.) for depository institution offices located within any area referred to in subsection (a) if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweigh possible adverse effects. (c) Time Limit on Exceptions.--Any exception made under this section shall expire not later than the earlier of-- (1) 1 year after the date of enactment of this Act; or (2) 1 year after the date of any determination referred to in subsection (a). (d) Publication Required.--Not later than 60 days after the date of a determination under subsection (a), the Board shall publish in the Federal Register a statement that-- (1) describes the exception made under this section; and (2) explains how the exception can reasonably be expected to produce benefits to the public that outweigh possible adverse effects. SEC. 3. DEPOSIT OF INSURANCE PROCEEDS. The appropriate Federal banking agency may, by order, permit an insured depository institution, during the 18-month period beginning on the date of enactment of this Act, to subtract from the institution's total assets, in calculating compliance with the leverage limit prescribed under section 38 of the Federal Deposit Insurance Act (12 U.S.C. 18310), an amount not exceeding the qualifying amount attributable to insurance proceeds, if the agency determines that-- (1) the institution-- (A) had its principal place of business within an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1997 flooding of the Red River of the North and its tributaries, on the day before the date of any such determination; (B) derives more than 60 percent of its total deposits from persons who normally reside within, or whose principal place of business is normally within, areas of intense devastation caused by the major disaster; (C) was adequately capitalized (as defined in section 38 of the Federal Deposit Insurance Act (12 U.S.C. 18310)) before the major disaster; and (D) has an acceptable plan for managing the increase in its total assets and total deposits; and (2) the subtraction is consistent with the purpose of section 38 of the Federal Deposit Insurance Act (12 U.S.C. 18310). SEC. 4. BANKING AGENCY PUBLICATION REQUIREMENTS. (a) In General.--During the 180-day period beginning on the date of enactment of this Act, a qualifying regulatory agency may take any of the following actions with respect to depository institutions or other regulated entities whose principal place of business is within, or with respect to transactions or activities within, an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1997 flooding of the Red River of the North and its tributaries, if the agency determines that the action would facilitate recovery from the major disaster: (1) Procedure.--Exercise the agency's authority under provisions of law other than this section without complying with-- (A) any requirement of section 553 of title 5, United States Code; or (B) any provision of law that requires notice or opportunity for hearing or sets maximum or minimum time limits with respect to agency action. (2) Publication requirements.--Make exceptions, with respect to institutions or other entities for which the agency is the primary Federal regulator, to-- (A) any publication requirement with respect to establishing branches or other deposit-taking facilities; or (B) any similar publication requirement. (b) Publication Required.--Not later than 90 days after the date of an action under this section, a qualifying regulatory agency shall publish in the Federal Register a statement that-- (1) describes the action taken under this section; and (2) explains the need for the action. (c) Qualifying Regulatory Agency Defined.--For purposes of this section, the term ``qualifying regulatory agency'' means-- (1) the Board; (2) the Office of the Comptroller of the Currency; (3) the Office of Thrift Supervision; (4) the Federal Deposit Insurance Corporation; (5) the Federal Financial Institutions Examination Council; (6) the National Credit Union Administration; and (7) with respect to chapter 53 of title 31, United States Code, the Secretary of the Treasury. SEC. 5. SENSE OF THE CONGRESS. It is the sense of the Congress that each Federal financial institutions regulatory agency should, by regulation or order, make exceptions to the appraisal standards prescribed by title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3331 et seq.) for transactions involving institutions for which the agency is the primary Federal regulator with respect to real property located within a disaster area pursuant to section 1123 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3352), if the agency determines that the exceptions can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweigh possible adverse effects. SEC. 6. OTHER AUTHORITY NOT AFFECTED. Nothing in this Act limits the authority of any department or agency under any other provision of law. SEC. 7. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 18310). (2) Board.--The term ``Board'' means the Board of Governors of the Federal Reserve System. (3) Federal financial institutions regulatory agency.--The term ``Federal financial institutions regulatory agency'' has the same meaning as in section 1121 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3350). (4) Insured depository institution.--The term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (5) Leverage limit.--The term ``leverage limit'' has the same meaning as in section 38 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (6) Qualifying amount attributable to insurance proceeds.-- The term ``qualifying amount attributable to insurance proceeds'' means the amount (if any) by which the institution's total assets exceed the institution's average total assets during the calendar quarter ending before the date of any determination referred to in section 3(1)(A), because of the deposit of insurance payments or governmental assistance made with respect to damage caused by, or other costs resulting from, the major disaster.

Depository Institution Disaster Relief Act of 1997 - Authorizes the Board of Governors of the Federal Reserve System to make exceptions to the Truth in Lending Act and the Expedited Funds Availability Act with respect to transactions and depository institutions located within national disaster areas produced by the 1997 flooding of the Red River and its tributaries, if the Board determines that the exception can reasonably be expected to alleviate hardships to the public that outweigh possible adverse effects. Authorizes the appropriate Federal banking agency to permit an insured depository institution in such a disaster area, which also meets certain other requirements, to subtract the amount of disaster insurance proceeds or governmental assistance from its total assets when calculating compliance with mandatory leverage limits of the Federal Deposit Insurance Act. Authorizes the Board and other Federal banking agencies to disregard specified rulemaking procedural and publication requirements of Federal law with respect to such depository institutions. Expresses the sense of the Congress that each Federal financial institution regulatory agency should make exceptions to the appraisal standards prescribed by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 with respect to real property located within a disaster area, if the agency determines that this can reasonably be expected to alleviate hardships to the public that outweigh possible adverse effects.

Depository Institution Disaster Relief Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Readjustment Counseling Service Amendments of 1995''. SEC. 2. ORGANIZATION OF THE READJUSTMENT COUNSELING SERVICE IN THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 7305 of title 38, United States Code, is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph (7): ``(7) A Readjustment Counseling Service.''. (b) Organization.--The Readjustment Counseling Service shall have the organizational structure and administrative structure of that service as such structures were in existence on January 1, 1993. (c) Revision of Organizational Structure.--(1) The Secretary of Veterans Affairs may not alter or revise the organizational structure or the administrative structure of the Readjustment Counseling Service until-- (A) the Secretary has submitted to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing a full and complete statement of the proposed alteration or revision; and (B) a period of 60 days has elapsed after the date on which the report is received by the committees. (2) In the computation of the 60-day period under paragraph (1)(B), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than 3 calendar days to a day certain. (d) Budget Information Relating to the Service.--Each budget submitted to Congress by the President under section 1105 of title 31, United States Code, shall set forth the amount requested in the budget for the operation of the Readjustment Counseling Service in the fiscal year covered by the budget and shall set forth separately the amount requested for administrative oversight of the activities of the service (including the amount requested for funding of the Advisory Committee on Readjustment of Veterans). SEC. 3. DIRECTOR OF THE READJUSTMENT COUNSELING SERVICE. (a) Director.--Section 7306(b) of title 38, United States Code, is amended-- (1) by striking out ``and'' at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following: ``(4) one shall be a person who (A)(i) is a qualified psychiatrist, (ii) is a qualified psychologist holding a diploma as a doctorate in clinical or counseling psychology from an authority approved by the American Psychological Association and has successfully undergone an internship approved by that association, (iii) is a qualified holder of a master in social work degree, or (iv) is a registered nurse holding a master of science in nursing degree in psychiatric nursing or any other mental-health related degree approved by the Secretary, and (B) has at least 3 years of clinical experience and 2 years of administrative experience in the Readjustment Counseling Service or other comparable mental health care counseling service (as determined by the Secretary), who shall be the director of the Readjustment Counseling Service.''. (b) Status of Director.--Section 7306(a)(3) of such title is amended by striking out ``eight'' and inserting in lieu thereof ``nine''. (c) Organizational Requirement.--The Director of the Readjustment Counseling Service shall report to the Under Secretary for Health of the Department of Veterans Affairs through the Associate Deputy Under Secretary for Health for Clinical Programs. SEC. 4. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND CERTAIN RELATED COUNSELING SERVICES. (a) Readjustment Counseling.--(1) Subsection (a) of section 1712A of title 38, United States Code, is amended to read as follows: ``(a)(1)(A) Upon the request of any veteran referred to in subparagraph (B) of this paragraph, the Secretary shall furnish counseling to the veteran to assist the veteran in readjusting to civilian life. ``(B) A veteran referred to in subparagraph (A) of this paragraph is any veteran who-- ``(i) served on active duty during the Vietnam era; or ``(ii) served on active military, naval, or air service in a theater of combat operations (as determined by the Secretary, in consultation with the Secretary of Defense) during a period of war or in any other area during a period in which hostilities (as defined in subparagraph (D) of this paragraph) occurred in such area. ``(C) Upon the request of any veteran other than a veteran referred to in subparagraph (A) of this paragraph, the Secretary may furnish counseling to the veteran to assist the veteran in readjusting to civilian life. ``(D) For the purposes of subparagraph (A) of this paragraph, the term `hostilities' means an armed conflict in which the members of the Armed Forces are subjected to danger comparable to the danger to which members of the Armed Forces have been subjected in combat with enemy armed forces during a period of war, as determined by the Secretary in consultation with the Secretary of Defense. ``(2) The counseling referred to in paragraph (1) shall include a general mental and psychological assessment of a covered veteran to ascertain whether such veteran has mental or psychological problems associated with readjustment to civilian life.''. (2) Subsection (c) of such section is repealed. (b) Other Counseling.--Such section is further amended by inserting after subsection (b) the following new subsection (c): ``(c)(1) The Secretary shall provide the counseling services described in section 1701(6)(B)(ii) of this title to the surviving parents, spouse, and children of any member of the Armed Forces who is killed during service on active military, naval, or air service in a theater of combat operations (as determined by the Secretary, in consultation with the Secretary of Defense) during a period of war or in any other area during a period in which hostilities (as defined in subsection (a)(1)(D) of this section) occurred in such area. ``(2) The Secretary may provide the counseling services referred to in paragraph (1) to the surviving parents, spouse, and children of any member of the Armed Forces who dies while serving on active duty or from a condition (as determined by the Secretary) incurred in or aggravated by such service.''. (c) Authority To Contract for Counseling Services.--Subsection (e) of such section is amended by striking out ``subsections (a) and (b)'' each place it appears and inserting in lieu thereof ``subsections (a), (b), and (c)''. SEC. 5. ADVISORY COMMITTEE ON THE READJUSTMENT OF VETERANS. (a) In General.--(1) Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1712B the following: ``Sec. 1712C. Advisory Committee on the Readjustment of Veterans ``(a)(1) There is in the Department the Advisory Committee on the Readjustment of Veterans (hereafter in this section referred to as the `Committee'). ``(2) The Committee shall consist of not more than 18 members appointed by the Secretary from among veterans who-- ``(A) have demonstrated significant civic or professional achievement; and ``(B) have experience with the provision of veterans benefits and services by the Department. ``(3) The Secretary shall seek to ensure that members appointed to the Committee include persons from a wide variety of geographic areas and ethnic backgrounds, persons from veterans service organizations, and women. ``(4) The Secretary shall determine the terms of service and pay and allowances of the members of the Committee, except that a term of service may not exceed 2 years. The Secretary may reappoint any member for additional terms of service. ``(b)(1) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the provision by the Department of benefits and services to veterans in order to assist veterans in the readjustment to civilian life. ``(2)(A) In providing advice to the Secretary under this subsection, the Committee shall-- ``(i) assemble and review information relating to the needs of veterans in readjusting to civilian life; ``(ii) provide information relating to the nature and character of psychological problems arising from service in the Armed Forces; ``(iii) provide an on-going assessment of the effectiveness of the policies, organizational structures, and services of the Department in assisting veterans in readjusting to civilian life; and ``(iv) provide on-going advice on the most appropriate means of responding to the readjustment needs of veterans in the future. ``(B) In carrying out its duties under subparagraph (A), the Committee shall take into special account veterans of the Vietnam era, and the readjustment needs of such veterans. ``(c)(1) Not later than March 31 of each year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that relate to the readjustment of veterans to civilian life. Each such report shall include-- ``(A) an assessment of the needs of veterans with respect to readjustment to civilian life; ``(B) a review of the programs and activities of the Department designed to meet such needs; and ``(C) such recommendations (including recommendations for administrative and legislative action) as the Committee considers appropriate. ``(2) Not later than 90 days after the receipt of each report under paragraph (1), the Secretary shall transmit to the Committees on Veterans' Affairs of the Senate and House of Representatives a copy of the report, together with any comments and recommendations concerning the report that the Secretary considers appropriate. ``(3) The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate. ``(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted pursuant to that section. ``(d)(1) Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Committee under this section. ``(2) Section 14 of such Act shall not apply to the Committee.''. (2) The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1712B the following: ``1712C. Advisory Committee on the Readjustment of Veterans.''. (b) Original Members.--(1) Notwithstanding subsection (a)(2) of section 1712C of such title (as added by subsection (a)), the members of the Advisory Committee on the Readjustment of Vietnam and Other War Veterans on the date of the enactment of this Act shall be the original members of the advisory committee recognized under such section. (2) The original members shall so serve until the Secretary of Veterans Affairs carries out appointments under such subsection (a)(2). The Secretary shall carry out such appointments as soon after such date as is practicable. The Secretary may make such appointments from among such original members. SEC. 6. PLAN FOR EXPANSION OF VIETNAM VETERAN RESOURCE CENTER PILOT PROGRAM. (a) Requirement.--(1) The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a plan for the expansion of the Vietnam Veteran Resource Center program established pursuant to the amendment made by section 105 of the Veterans' Administration Health-Care Amendments of 1985 (Public Law 99-166; 99 Stat. 944). The plan shall include a schedule for, and an assessment of the cost of, the implementation of the program at or through all Department of Veterans Affairs readjustment counseling centers. (2) The Secretary shall submit the plan not later than 4 months after the date of the enactment of this Act. (b) Definition.--In this section, the term ``Department of Veterans Affairs readjustment counseling centers'' has the same meaning given the term ``center'' in section 1712A(i)(1) of title 38, United States Code. SEC. 7. REPORT ON COLLOCATION OF VET CENTERS AND DEPARTMENT OF VETERANS AFFAIRS OUTPATIENT CLINICS. (a) Requirement.--(1) The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the feasibility and desirability of the collocation of Vet Centers and outpatient clinics (including rural mobile clinics) of the Department of Veterans Affairs as current leases for such centers and clinics expire. (2) The Secretary shall submit the report not later than 6 months after the date of the enactment of this Act. (b) Covered Matters.--The report under this section shall include an assessment of the following: (1) The results of any collocation of Vet Centers and outpatient clinics carried out by the Secretary before the date of the enactment of this Act, including the effects of such collocation on the quality of care provided at such centers and clinics. (2) The effect of such collocation on the capacity of such centers to carry out their primary mission. (3) The extent to which such collocation will impair the operational independence or administrative integrity of such centers. (4) The feasibility of combining the services provided by such centers and clinics in the course of the collocation of such centers and clinics. (5) The advisability of the collocation of centers and clinics of significantly different size. (6) The effect of the locations (including urban and rural locations) of the centers and clinics on the feasibility and desirability of such collocation. (7) The amount of any costs savings to be achieved by Department as a result of such collocation. (8) The desirability of such collocation in light of plans for the provision of health care services by the Department under national health care reform. (9) Any other matters that the Secretary determines appropriate. SEC. 8. VET CENTER HEALTH CARE PILOT PROGRAM. (a) In General.--The Secretary of Veterans Affairs shall carry out a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers. The Secretary shall carry out the pilot program in accordance with this section. (b) Services.--(1) In carrying out the pilot program, the Secretary shall provide the services referred to in paragraph (2) at not less than 10 readjustment counseling centers in existence on the date of the enactment of this Act. (2) The Secretary shall provide basic ambulatory services and health care screening services by such personnel as the Secretary considers appropriate at each readjustment counseling center under the pilot program. The Secretary shall assign not less than one-half of a full-time employee equivalent at each such center in order to provide such services under the pilot program. (3) In determining the location of the readjustment counseling centers at which to provide services under the pilot program, the Secretary shall select centers that are located in a variety of geographic areas and that serve veterans of a variety of economic, social, and ethnic backgrounds. (c) Period of Operation.--(1) The Secretary shall commence the provision of health-related services at readjustment counseling centers under the pilot program not later than 4 months after the date of the enactment of this Act. (2) The pilot program shall terminate 2 years after the date on which the Secretary commences the provision of services under paragraph (1). (d) Report.--(1) The Secretary shall submit to Congress a report on the pilot program established under this section. The report shall include the following: (A) A description of the program, including information on-- (i) the number of veterans provided basic ambulatory services and health care screening services under the pilot program; (ii) the number of such veterans referred to Department of Veterans Affairs general health-care facilities in order to provide such services to such veterans; and (iii) the cost to the Department of Veterans Affairs of the pilot program. (B) An analysis of the effectiveness of the services provided to veterans under the pilot program. (C) The recommendations of the Secretary for means of improving the pilot program, and an estimate of the cost to the Department of implementing such recommendations. (D) An assessment of the desirability of expanding the type or nature of services provided under the pilot program in light of plans for the provision of health care services by the Department under national health care reform. (E) An assessment of the extent to which the provision of services under the pilot program impairs the operational or administrative independence of the readjustment counseling centers at which such services are provided. (F) An assessment of the effect of the location of the centers on the effectiveness for the Department and for veterans of the services provided under the pilot program. (G) Such other information as the Secretary considers appropriate. (2) The Secretary shall submit the report not later than 18 months after the date of the enactment of this Act. (e) Definitions.--For the purposes of this section: (1) The term ``Department of Veterans Affairs general health-care facility'' has the meaning given such term in section 1712A(i)(2) of title 38, United States Code. (2) The term ``eligible veteran'' means any veteran eligible for outpatient services under paragraph (1), (2), or (3) of section 1712(a) of such title. (3) The term ``readjustment counseling center'' has the same meaning given the term ``center'' in section 1712A(i)(1) of such title. S 403 IS----2

Readjustment Counseling Service Amendments of 1995 - Includes a Readjustment Counseling Service (RCS) as part of the Veterans Health Administration of the Department of Veterans Affairs. Prohibits the Secretary of Veterans Affairs from altering or revising the organizational structure of RCS until the Secretary has notified specified congressional committees and 60 days have elapsed since such notification. Requires RCS budget information to be included annually in the President's budget submitted to the Congress. Outlines eligibility requirements for one of the Assistant Under Secretaries for Health in the Department, including at least three years of clinical experience and two years of administrative experience in RCS or other comparable mental health care counseling service. Makes such a qualified person the director of RCS. Increases from eight to nine the authorized number of Assistant Under Secretaries for Health. Directs the Secretary to furnish readjustment counseling to any veteran who: (1) served on active duty during the Vietnam era; or (2) served on active duty in a theater of combat during a period of war (currently, only after May 7, 1975) in any area in which hostilities occurred. Authorizes the Secretary to furnish such assistance to any other veteran upon request. Directs the Secretary to provide counseling to survivors and dependents of members of the armed forces killed while performing such duty. Allows the Secretary to provide such counseling to the survivors and dependents of other members killed during active duty or from a condition incurred in or aggravated by such service. Establishes in the Department the Advisory Committee on the Readjustment of Veterans to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans. Requires specified reports from the Advisory Committee and the Secretary. Directs the Secretary to report to the congressional veterans' affairs committees: (1) a plan for the expansion of the Vietnam Veteran Resource Center program; and (2) on the feasibility and desirability of the collocation of Vet Centers and outpatient clinics of the Department as current leases for such centers and clinics expire. Directs the Secretary to carry out and report to the Congress on a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers.

Readjustment Counseling Service Amendments of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Energy Emergency Relief Act of 2008''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; and (2) the term ``small business concern'' has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. FINDINGS. Congress finds that-- (1) a significant number of small business concerns in the United States, nonfarm as well as agricultural producers, use heating oil, natural gas, propane, or kerosene to heat their facilities and for other purposes; (2) a significant number of small business concerns in the United States sell, distribute, market, or otherwise engage in commerce directly related to heating oil, natural gas, propane, and kerosene; and (3) significant increases in the price of heating oil, natural gas, propane, or kerosene-- (A) disproportionately harm small business concerns dependent on those fuels or that use, sell, or distribute those fuels in the ordinary course of their business, and can cause them substantial economic injury; (B) can negatively affect the national economy and regional economies; (C) have occurred in the winters of 1983 to 1984, 1988 to 1989, 1996 to 1997, 1999 to 2000, 2000 to 2001, 2004 to 2005, 2006 to 2007, and 2007 to 2008; and (D) can be caused by a host of factors, including international conflicts, global or regional supply difficulties, weather conditions, insufficient inventories, refinery capacity, transportation, and competitive structures in the markets, causes that are often unforeseeable to, and beyond the control of, those who own and operate small business concerns. SEC. 4. SMALL BUSINESS ENERGY EMERGENCY DISASTER LOAN PROGRAM. (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting immediately after paragraph (9) the following: ``(10) Energy emergencies.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `base price index' means the moving average of the closing unit price on the New York Mercantile Exchange for heating oil, natural gas, or propane for the 10 days, in each of the most recent 2 preceding years, which correspond to the trading days described in clause (ii); ``(ii) the term `current price index' means the moving average of the closing unit price on the New York Mercantile Exchange, for the 10 most recent trading days, for contracts to purchase heating oil, natural gas, or propane during the subsequent calendar month, commonly known as the `front month'; ``(iii) the term `heating fuel' means heating oil, natural gas, propane, or kerosene; and ``(iv) the term `significant increase' means-- ``(I) with respect to the price of heating oil, natural gas, or propane, any time the current price index exceeds the base price index by not less than 50 percent; and ``(II) with respect to the price of kerosene, any increase which the Administrator, in consultation with the Secretary of Energy, determines to be significant. ``(B) Authorization.--The Administration may make such loans, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, to assist a small business concern that has suffered or that is likely to suffer substantial economic injury as the result of a significant increase in the price of heating fuel occurring on or after October 1, 2007. ``(C) Interest rate.--Any loan or guarantee extended under this paragraph shall be made at the same interest rate as economic injury loans under paragraph (2). ``(D) Maximum amount.--No loan may be made under this paragraph, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, if the total amount outstanding and committed to the borrower under this subsection would exceed $1,500,000, unless such borrower constitutes a major source of employment in its surrounding area, as determined by the Administrator, in which case the Administrator, in the discretion of the Administrator, may waive the $1,500,000 limitation. ``(E) Declarations.--For purposes of assistance under this paragraph-- ``(i) a declaration of a disaster area based on conditions specified in this paragraph shall be required, and shall be made by the President or the Administrator; and ``(ii) if no declaration has been made under clause (i), the Governor of a State in which a significant increase in the price of heating fuel has occurred may certify to the Administration that small business concerns have suffered economic injury as a result of such increase and are in need of financial assistance which is not otherwise available on reasonable terms in that State, and upon receipt of such certification, the Administration may make such loans as would have been available under this paragraph if a disaster declaration had been issued. ``(F) Use of funds.--Notwithstanding any other provision of law, loans made under this paragraph may be used by a small business concern described in subparagraph (B) to convert from the use of heating fuel to a renewable or alternative energy source, including agriculture and urban waste, geothermal energy, cogeneration, solar energy, wind energy, or fuel cells.''. (b) Conforming Amendments Relating to Heating Fuel.--Section 3(k) of the Small Business Act (15 U.S.C. 632(k)) is amended-- (1) by inserting ``, significant increase in the price of heating fuel'' after ``civil disorders''; and (2) by inserting ``other'' before ``economic''. (c) Effective Period.--The amendments made by this section shall apply during the 4-year period beginning on the date on which guidelines are published by the Administrator under section 6. SEC. 5. AGRICULTURAL PRODUCER EMERGENCY LOANS. (a) In General.--Section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) is amended-- (1) in the first sentence-- (A) by striking ``operations have'' and inserting ``operations (i) have''; and (B) by inserting before ``: Provided,'' the following: ``, or (ii)(I) are owned or operated by such an applicant that is also a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), and (II) have suffered or are likely to suffer substantial economic injury on or after October 1, 2007, as the result of a significant increase in energy costs or input costs from energy sources occurring on or after October 1, 2007, in connection with an energy emergency declared by the President or the Secretary''; (2) in the third sentence, by inserting before the period at the end the following: ``or by an energy emergency declared by the President or the Secretary''; and (3) in the fourth sentence-- (A) by inserting ``or energy emergency'' after ``natural disaster'' each place that term appears; and (B) by inserting ``or declaration'' after ``emergency designation''. (b) Funding.--Funds available on the date of enactment of this Act for emergency loans under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et seq.) shall be available to carry out the amendments made by subsection (a) to meet the needs resulting from energy emergencies. (c) Effective Period.--The amendments made by this section shall apply during the 4-year period beginning on the date on which guidelines are published by the Secretary of Agriculture under section 6. SEC. 6. GUIDELINES AND RULEMAKING. (a) Guidelines.--Not later than 30 days after the date of enactment of this Act, the Administrator and the Secretary of Agriculture shall each issue such guidelines as the Administrator or the Secretary, as applicable, determines to be necessary to carry out this Act and the amendments made by this Act. (b) Rulemaking.--Not later than 30 days after the date of enactment of this Act, the Administrator, after consultation with the Secretary of Energy, shall promulgate regulations specifying the method for determining a significant increase in the price of kerosene under section 7(b)(10)(A)(iv)(II) of the Small Business Act, as added by this Act. SEC. 7. REPORTS. (a) Small Business Administration.--Not later than 12 months after the date on which the Administrator issues guidelines under section 6, and annually thereafter until the date that is 12 months after the end of the effective period of section 7(b)(10) of the Small Business Act, as added by this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report on the effectiveness of the assistance made available under section 7(b)(10) of the Small Business Act, as added by this Act, including-- (1) the number of small business concerns that applied for a loan under such section and the number of those that received such loans; (2) the dollar value of those loans; (3) the States in which the small business concerns that received such loans are located; (4) the type of heating fuel or energy that caused the significant increase in the cost for the participating small business concerns; and (5) recommendations for ways to improve the assistance provided under such section 7(b)(10), if any. (b) Department of Agriculture.--Not later than 12 months after the date on which the Secretary of Agriculture issues guidelines under section 6, and annually thereafter until the date that is 12 months after the end of the effective period of the amendments made to section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) by this Act, the Secretary shall submit to the Committee on Small Business and Entrepreneurship and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Small Business and the Committee on Agriculture of the House of Representatives, a report that-- (1) describes the effectiveness of the assistance made available under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); and (2) contains recommendations for ways to improve the assistance provided under such section 321(a), if any.

Small Business Energy Emergency Relief Act of 2008 - Amends the Small Business Act to authorize the Small Business Administration to make disaster loans to assist small businesses that have suffered or are likely to suffer substantial economic injury as the result of a significant increase in the price of heating fuel occurring on or after October 1, 2007. Prohibits such loan from being made if the total amount outstanding and committed to the borrower would exceed $1.5 million, unless the borrower is a major source of employment in its surrounding area. Amends the Consolidated Farm and Rural Development Act to authorize the Secretary of Agriculture to make loans to farm operations that qualify as a small business and that have or are likely to suffer substantial economic injury on or after October 1, 2007, as the result of a significant increase in energy costs in connection with an energy emergency declared by the President or the Secretary.

To establish a small business energy emergency disaster loan program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long-Term Care Patient Protection Act of 1998''. SEC. 2. SPECIAL REQUIREMENTS FOR INDIVIDUALS PROVIDING FEEDING AND HYDRATION ASSISTANCE TO NURSING FACILITY RESIDENTS AND SKILLED NURSING FACILITY PATIENTS. (a) Medicaid Program.--Section 1919 of the Social Security Act (42 U.S.C. 1396r) is amended-- (1) in subsection (b)-- (A) in paragraph (5)(F)-- (i) by striking ``or'' at the end of clause (i); (ii) by striking the period at the end of clause (ii) and inserting ``, or''; and (iii) by adding at the end the following new clause: ``(iii) who is a feeding and hydration assistant (as defined in paragraph (8)(B)).''; and (B) by adding at the end the following new paragraph: ``(8) Required training of feeding and hydration assistants.-- ``(A) In general.--A nursing facility must not use on a full-time or other paid basis any individual as a feeding and hydration assistant in the facility unless the individual-- ``(i) has completed a feeding and hydration assistance training and competency evaluation program approved by the State under subsection (e)(8), and ``(ii) is competent to provide feeding and hydration services. ``(B) Feeding and hydration assistant defined.--In this paragraph, the term `feeding and hydration assistant' means any individual who assists residents in a nursing facility to eat or drink but does not otherwise provide any nursing or nursing-related services to such residents, but does not include an individual who-- ``(i) is a licensed health professional (as defined in paragraph (5)(G)) or a registered dietitian, ``(ii) volunteers to provide such services without monetary compensation, or ``(iii) is a nurse aide (as defined in paragraph (5)(F), but without applying clause (iii) thereof).''; (2) in subsection (e), by adding at the end the following new paragraph: ``(8) Specification and review of feeding and hydration assistance training and competency evaluation programs.--The State must-- ``(A) specify those training and competency evaluation programs that the State approves for purposes of subsection (b)(8) and that meet the requirements established under subsection (f)(10), which shall at a minimum include training concerning-- ``(i) recommended amounts of food and hydration, ``(ii) methods of providing food and hydration, and ``(iii) recognition of symptoms of malnutrition and dehydration; and ``(B) provide for the review and reapproval of such programs, at a frequency and using a methodology consistent with the requirements established under subsection (f)(10)(B). The failure of the Secretary to establish requirements under subsection (f)(10) shall not relieve any State of its responsibility under this paragraph.''; and (3) in subsection (f), by adding at the end the following new paragraph: ``(10) Requirements for feeding and hydration assistance training and evaluation programs.--For purposes of subsections (b)(8) and (e)(8), the Secretary shall establish-- ``(A) requirements for the approval of feeding and hydration assistance training and competency evaluation programs; and ``(B) requirements respecting the minimum frequency and methodology to be used by a State in reviewing such programs' compliance with the requirements for such programs.''. (b) Medicare Program.--Section 1819 of such Act (42 U.S.C. 1395i-3) is amended-- (1) in subsection (b)-- (A) in paragraph (5)(F)-- (i) by striking ``or'' at the end of clause (i); (ii) by striking the period at the end of clause (ii) and inserting ``, or''; and (iii) by adding at the end the following new clause: ``(iii) who is a feeding and hydration assistant (as defined in paragraph (8)(B)).''; and (B) by adding at the end the following new paragraph: ``(8) Required training of feeding and hydration assistants.-- ``(A) In general.--A skilled nursing facility must not use on a full-time or other paid basis any individual as a feeding and hydration assistant in the facility unless the individual-- ``(i) has completed a feeding and hydration assistance training and competency evaluation program approved by the State under subsection (e)(6), and ``(ii) is competent to provide feeding and hydration services. ``(B) Feeding and hydration assistant defined.--In this paragraph, the term `feeding and hydration assistant' means any individual that assists residents in a skilled nursing facility to eat or drink but does not otherwise provide any nursing or nursing-related services to such residents, but does not include an individual-- ``(i) is a licensed health professional (as defined in paragraph (5)(G)) or a registered dietitian, ``(ii) volunteers to provide such services without monetary compensation, or ``(iii) is a nurse aide (as defined in paragraph (5)(F), but without applying clause (iii) thereof).''; (2) in subsection (e), by adding at the end the following new paragraph: ``(6) Specification and review of feeding and hydration assistance training and competency evaluation programs.--The State must-- ``(A) specify those training and competency evaluation programs that the State approves for purposes of subsection (b)(8) and that meet the requirements established under subsection (f)(8), which shall, at a minimum, include training concerning-- ``(i) recommended amounts of food and hydration, ``(ii) methods of providing food and hydration, and ``(iii) recognition of symptoms of malnutrition and dehydration; and ``(B) provide for the review and reapproval of such programs, at a frequency and using a methodology consistent with the requirements established under subsection (f)(8)(B). The failure of the Secretary to establish requirements under subsection (f)(8) shall not relieve any State of its responsibility under this paragraph.''; and (3) in subsection (f), by adding at the end the following new paragraph: ``(8) Requirements for feeding and hydration assistance training and evaluation programs.--For purposes of subsections (b)(8) and (e)(6), the Secretary shall establish-- ``(A) requirements for the approval of feeding and hydration assistance training and competency evaluation programs; and ``(B) requirements respecting the minimum frequency and methodology to be used by a State in reviewing such programs' compliance with the requirements for such programs.''.

Long-Term Care Patient Protection Act of 1998 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to prohibit nursing facilities and skilled nursing facilities from using on a full-time or other paid basis as a feeding and hydration assistant any individual who has not completed a related, State-approved training and competency evaluation and is not competent to provide such services. Requires States to specify, and provide for review and reapproval of, approved programs meeting Federal requirements. Directs the Secretary of Health and Human Services to establish such requirements, as well as requirements respecting the minimum frequency and methodology a State shall use in reviewing compliance with them.

Long-Term Care Patient Protection Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens Protection Act of 1998''. SEC. 2. INTERPRETATION. It is the intent of this Act that the term ``employee'' shall be interpreted so as to include, but not be limited to, an attorney, investigator, special prosecutor, or other employee of the Department of Justice as well as an attorney, investigator, accountant, or a special prosecutor acting under the authority of the Department of Justice. TITLE I--ETHICAL STANDARDS FOR FEDERAL PROSECUTORS SEC. 101. ETHICAL STANDARDS FOR FEDERAL PROSECUTORS. (a) In General.--Chapter 31 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 530B. Ethical standards for attorneys for the Government ``(a) An attorney for the Government shall be subject to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in that attorney's duties, to the same extent and in the same manner as other attorneys in that State. ``(b) The Attorney General shall make and amend rules of the Department of Justice to assure compliance with this section. ``(c) As used in this section, the term `attorney for the Government' includes any attorney described in section 77.2(a) of part 77 of title 28 of the Code of Federal Regulations.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``530B. Ethical standards for attorneys for the Government.''. TITLE II--PUNISHABLE CONDUCT SEC. 201. PUNISHABLE CONDUCT. (a) Violations.--The Attorney General shall establish, by plain rule, that it shall be punishable conduct for any Department of Justice employee to-- (1) in the absence of probable cause seek the indictment of any person; (2) fail promptly to release information that would exonerate a person under indictment; (3) intentionally mislead a court as to the guilt of any person; (4) intentionally or knowingly misstate evidence; (5) intentionally or knowingly alter evidence; (6) attempt to influence or color a witness' testimony; (7) act to frustrate or impede a defendant's right to discovery; (8) offer or provide sexual activities to any government witness or potential witness; (9) leak or otherwise improperly disseminate information to any person during an investigation; or (10) engage in conduct that discredits the Department. (b) Penalties.--The Attorney General shall establish penalties for engaging in conduct described in subsection (a) that shall include-- (1) probation; (2) demotion; (3) dismissal; (4) referral of ethical charges to the bar; (5) loss of pension or other retirement benefits; (6) suspension from employment; and (7) referral of the allegations, if appropriate, to a grand jury for possible criminal prosecution. SEC. 202. COMPLAINTS. (a) Written Statement.--A person who believes that an employee of the Department of Justice has engaged in conduct described in section 201(a) may submit a written statement, in such form as the Attorney General may require, describing the alleged conduct. (b) Preliminary Investigation.--Not later than 30 days after receipt of a written statement submitted under subsection (a), the Attorney General shall conduct a preliminary investigation and determine whether the allegations contained in such written statement warrant further investigation. (c) Investigation and Penalty.--If the Attorney General determines after conducting a preliminary investigation under subsection (a) that further investigation is warranted, the Attorney General shall within 90 days further investigate the allegations and, if the Attorney General determines that a preponderance of the evidence supports the allegations, impose an appropriate penalty. SEC. 203. MISCONDUCT REVIEW BOARD. (a) Establishment.--There is established as an independent establishment a board to be known as the ``Misconduct Review Board'' (hereinafter in this Act referred to as the ``Board''). (b) Membership.--The Board shall consist of-- (1) three voting members appointed by the President, one of whom the President shall designate as Chairperson; (2) two non-voting members appointed by the Speaker of the House of Representatives, one of whom shall be a Republican and one of whom shall be a Democrat; and (3) two non-voting members appointed by the Majority Leader of the Senate, one of whom shall be a Republican and one of whom shall be a Democrat. (c) Non-Voting Members Serve Advisory Role Only.--The non-voting members shall serve on the Board in an advisory capacity only and shall not take part in any decisions of the Board. (d) Submission of Written Statement to Board.--If the Attorney General makes no determination pursuant to section 202(b) or imposes no penalty under section 202(c), a person who submitted a written statement under section 202(a) may submit such written statement to the Board. (e) Review of Attorney General Determination.--The Board shall review all determinations made by the Attorney General under sections 202(b) or 202(c). (f) Board Investigation.--In reviewing a determination with respect to a written statement under subsection (e), or a written statement submitted under subsection (d), the Board may investigate the allegations made in the written statement as the Board considers appropriate. (g) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (h) Meetings.--The Board shall meet at the call of the Chairperson or a majority of its voting members. All meetings shall be open to the public. The Board is authorized to sit where the Board considers most convenient given the facts of a particular complaint, but shall give due consideration to conducting its activities in the judicial district where the complainant resides. (i) Decisions.--Decisions of the Board shall be made by majority vote of the voting members. (j) Authority To Impose Penalty.--After conducting such independent review and investigation as it deems appropriate, the Board by a majority vote of its voting members may impose a penalty, including dismissal, as provided in section 201(b) as it considers appropriate. (k) Compensation.-- (1) Prohibition of compensation of federal employees.-- Members of the Board who are full-time officers or employees of the United States, including Members of Congress, may not receive additional pay, allowances, or benefits by reason of their service on the Board. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (l) Experts and Consultants.--The Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed $200 per day. (m) Staff of Federal Agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Board to assist it in carrying out its duties under this Act. (n) Obtaining Official Data.--The Board may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Board, the head of that department or agency shall furnish that information to the Board. (o) Mails.--The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (p) Administrative Support Services.--Upon the request of the Board, the Administrator of General Services shall provide to the Board, on a reimbursable basis, the administrative support services necessary for the Board to carry out its responsibilities under this Act. (q) Contract Authority.--The Board may contract with and compensate government and private agencies or persons for services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). [( ) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter [under investigation by the Commission] [which the Commission is empowered to investigate by section ]. The attendance of witnesses and the production of evidence may be required from any place within [the United States] [a State] [a judicial district] at any designated place of hearing within the [United States] [that State] [that judicial district]. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found.]

TABLE OF CONTENTS: Title I: Ethical Standards for Federal Prosecutors Title II: Punishable Conduct Citizens Protection Act of 1998 - Title I: Ethical Standards for Federal Prosecutors - Subjects a Government attorney to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in duties to the same extent and in the same manner as other attorneys in that State. Directs the Attorney General to make and amend rules of the Department of Justice (DOJ) to assure compliance with this title. Title II: Punishable Conduct - Directs the Attorney General to: (1) establish by rule that it shall be punishable conduct for any DOJ employee to seek an indictment in the absence of probable cause, to fail promptly to release information that would exonerate a person under indictment, to intentionally or knowingly misstate or alter evidence, to attempt to influence or color a witness's testimony, to act to frustrate or impede a defendant's right to discovery, to offer or provide sexual activities to any government witness or potential witness, to leak or otherwise improperly disseminate information to any person during an investigation, or to engage in conduct that discredits DOJ; and (2) establish penalties for engaging in such conduct, including probation, demotion, dismissal, referral of ethical charges to the bar, loss of pension or other retirement benefits, suspension from employment, and referral of the allegations (if appropriate) to a grand jury for possible criminal prosecution. (Sec. 202) Sets forth procedures regarding written complaints of such conduct by a DOJ employee, investigation of such complaints by the Attorney General, and imposition of appropriate penalties. (Sec. 203) Establishes an independent Misconduct Review Board to review all determinations by the Attorney General with respect to such complaints and to investigate allegations made in statements that may be submitted to it with respect to complaints for which the Attorney General has made no determination or imposed no penalty. Authorizes the Board to impose penalties established above.

Citizens Protection Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Extension Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) The Federal Government developed the Agriculture Extension Program, and more recently, the Manufacturing Extension Program to help farmers and small manufacturers gain access to the latest technologies. Today's small and medium- sized businesses need a technology extension program that provides access to cutting edge technology. (2) There is a need to create partnerships to cut the time it takes for new developments in university laboratories to reach the manufacturing floor, to help small and medium-sized businesses transform their innovations into jobs. (3) There is a need to build upon the Manufacturing Extension Program to encourage the adoption of advanced technology. SEC. 3. TECHNOLOGY EXTENSION PROGRAM. (a) Purpose.--It is the purpose of this section-- (1) to encourage meaningful use of the most advanced available technologies by small businesses and medium-sized businesses to the maximum extent possible to improve the productivity of those businesses and thereby to promote economic growth; and (2) to promote regional partnerships between educational institutions and businesses to develop such technologies and products in the surrounding areas. (b) Grant Program.--To achieve the purpose of this section, the Secretary of Commerce (in this section, referred to as the ``Secretary'') shall carry out a program to provide, through grants, financial assistance for the establishment and support of regional centers for the commercial use of advanced technologies by small businesses and medium-sized businesses. (c) Eligibility.--An entity is eligible to receive a grant as a regional center under this section if the entity-- (1) is affiliated with a United States-based institution or organization that is operated on a not-for-profit basis, or any combination of two or more of such institutions or organizations; (2) offers to enter into an agreement with the Secretary to function as a regional center for the commercial use of advanced technologies for the purpose of this section within a region determined appropriate by the Secretary; and (3) demonstrates that it has the capabilities necessary to achieve the purpose of this section through its operations as a center within that region. (d) Selection of Applicants.-- (1) Competitive process.--The Secretary shall use a competitive process for the awarding of grants under this section and, under that process, select recipients of the grants on the basis of merit, with priority given to underserved areas. (2) Applications for grants.--The Secretary shall prescribe the form and content of applications required for grants under this section. (e) Specific Activities of Regional Centers.--A regional center may use the proceeds of a grant under this section for any activity that carries out the purpose of this section, including such activities as the following: (1) Assist small businesses and medium-sized businesses to address their most critical needs for the application of the latest technology, improvement of infrastructure, and use of best business practices. (2) In conjunction with institutions of higher education and laboratories located in the region, transfer technologies to small businesses and medium-sized businesses located in such region to create jobs and increase production in surrounding areas. (f) Additional Administrative Authorities.-- (1) Cost-sharing.--The Secretary may require the recipient of a grant to defray, out of funds available from sources other than the Federal Government, a specific level of the operating expenses of the regional center for which the grant is made. (2) Additional terms and conditions.--The Secretary, in awarding a grant, may impose any other terms and conditions for the use of the proceeds of the grant that the Secretary determines appropriate for carrying out the purposes of this section and to protect the interests of the United States. (g) Definitions of Small Business and Medium-Sized Business.-- (1) Secretary to prescribe.--The Secretary shall prescribe the definitions of the terms ``small business'' and ``medium- sized business'' for the purpose of this section. (2) Small business standards.--In defining the term ``small business'', the Secretary shall apply the standards applicable for the definition of the term ``small-business concern'' under section 3 of the Small Business Act (15 U.S.C. 632). (h) Regulations.--The Secretary shall prescribe regulations for the grant program administered under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated for the Department of Commerce for carrying out this section $125,000,000 for fiscal year 2002, and such sums as are necessary for each fiscal year thereafter.

Technology Extension Act of 2001 - Directs the Secretary of Commerce to provide financial assistance, through grants, for the establishment and support of regional centers for the commercial use of advanced technologies by small- and medium-sized businesses. Allows a regional center to use grant proceeds to: (1) assist such businesses in addressing their most critical needs for the application of the latest technology, improvement of infrastructure, and use of best business practices; and (2) transfer technologies to such businesses in the region in order to create jobs and increase production.

To expand the Manufacturing Extension Program to bring the new economy to small and medium-sized businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Freedom of Information Improvement Act of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the purpose of the Freedom of Information Act is to require agencies of the Federal Government to make certain agency information available for public inspection and copying and to establish and enable enforcement of the right of any person to obtain access to the records of such agencies (subject to statutory exemptions) for any public or private purpose; (2) since the enactment of the Freedom of Information Act in 1966, and the amendments enacted in 1974 and 1986, the Freedom of Information Act has been a valuable means through which any person can learn how the Federal Government operates; (3) the Freedom of Information Act has led to the disclosure of waste, fraud, abuse, and wrongdoing in the Federal Government; (4) the Freedom of Information Act has led to the identification of unsafe consumer products, harmful drugs, and serious health hazards; (5) Government agencies increasingly use computers to conduct agency business and to store publicly valuable agency records and information; and (6) Government agencies should use new technology to enhance public access to agency records and information. (b) Purposes.--The purposes of this Act are to-- (1) foster democracy by ensuring public access to agency records and information; (2) improve public access to agency records and information; (3) ensure agency compliance with statutory time limits; and (4) maximize the usefulness of agency records and information collected, maintained, used, retained, and disseminated by the Federal Government. SEC. 3. PUBLIC INFORMATION AVAILABILITY. Section 552(a)(1) of title 5, United States Code, is amended-- (1) in the matter before subparagraph (A) by inserting ``including by computer telecommunications, or if computer telecommunications means are not available, by other electronic means,'' after ``Federal Register''; (2) by striking out ``and'' at the end of subparagraph (D); (3) by redesignating subparagraph (E) as subparagraph (F); and (4) by inserting after subparagraph (D) the following new subparagraph: ``(E) a complete list of all statutes that the agency head or general counsel relies upon to authorize the agency to withhold information under subsection (b)(3) of this section, together with a specific description of the scope of the information covered; and''. SEC. 4. MATERIALS MADE AVAILABLE IN ELECTRONIC FORMAT AND INDEX OF RECORDS MADE AVAILABLE TO THE PUBLIC. Section 552(a)(2) of title 5, United States Code, is amended-- (1) in the matter before subparagraph (A) by inserting ``, including, within 1 year after the date of the enactment of the Electronic Freedom of Information Improvement Act of 1996, by computer telecommunications, or if computer telecommunications means are not available, by other electronic means,'' after ``copying''; (2) in subparagraph (B) by striking out ``and'' after the semicolon; (3) by adding after subparagraph (C) the following new subparagraphs: ``(D) an index of all major information systems containing agency records regardless of form or format unless such an index is provided as otherwise required by law; ``(E) a description of any new major information system with a statement of how such system shall enhance agency operations under this section; ``(F) an index of all records which are made available to any person under paragraph (3) of this subsection; and ``(G) copies of all records, regardless of form or format, which because of the nature of their subject matter, have become or are likely to become the subject of subsequent requests for substantially the same records under paragraph (3) of this subsection;''; (4) in the second sentence by striking out ``or staff manual or instruction'' and inserting in lieu thereof ``staff manual, instruction, or index or copies of records, which are made available under paragraph (3) of this subsection''; and (5) in the third sentence by inserting ``and the extent of such deletion shall be indicated on the portion of the record which is made available or published at the place in the record where such deletion was made'' after ``explained fully in writing''. SEC. 5. HONORING FORMAT REQUESTS. Section 552(a)(3) of title 5, United States Code, is amended by-- (1) inserting ``(A)'' after ``(3)''; (2) inserting ``(A) through (F)'' after ``under paragraphs (1) and (2)''; (3) striking out ``(A) reasonably'' and inserting in lieu thereof ``(i) reasonably''; (4) striking out ``(B)'' and inserting in lieu thereof ``(ii)''; and (5) adding at the end thereof the following new subparagraphs: ``(B) An agency shall, as requested by any person, provide records in any form or format in which such records are maintained by that agency. ``(C) An agency shall make reasonable efforts to search for records in electronic form or format and provide records in the form or format requested by any person, including in an electronic form or format, even where such records are not usually maintained but are available in such form or format.''. SEC. 6. DELAYS. (a) Fees.--Section 552(a)(4)(A) of title 5, United States Code, is amended by adding at the end thereof the following new clause: ``(viii) If at an agency's request, the Comptroller General determines that the agency annually has either provided responsive documents or denied requests in substantial compliance with the requirements of paragraph (6)(A), one-half of the fees collected under this section shall be credited to the collecting agency and expended to offset the costs of complying with this section through staff development and acquisition of additional request processing resources. The remaining fees collected under this section shall be remitted to the Treasury as general funds or miscellaneous receipts.''. (b) Demonstration of Circumstances for Delay.--Section 552(a)(4)(E) of title 5, United States Code, is amended-- (1) by inserting ``(i)'' after ``(E)''; and (2) by adding at the end thereof the following new clause: ``(ii) Any agency not in compliance with the time limits set forth in this subsection shall demonstrate to a court that the delay is warranted under the circumstances set forth under paragraph (6) (B) or (C) of this subsection.''. (c) Period for Agency Decision To Comply With Request.--Section 552(a)(6)(A)(i) is amended by striking out ``ten days'' and inserting in lieu thereof ``twenty days''. (d) Agency Backlogs.--Section 552(a)(6)(C) of title 5, United States Code, is amended by inserting after the second sentence the following: ``As used in this subparagraph, for requests submitted pursuant to paragraph (3) after the date of the enactment of the Electronic Freedom of Information Improvement Act of 1996, the term `exceptional circumstances' means circumstances that are unforeseen and shall not include delays that result from a predictable workload, including any ongoing agency backlog, in the ordinary course of processing requests for records.''. (e) Notification of Denial.--The last sentence of section 552(a)(6)(C) of title 5, United States Code, is amended to read: ``Any notification of any full or partial denial of any request for records under this subsection shall set forth the names and titles or positions of each person responsible for the denial of such request and the total number of denied records and pages considered by the agency to have been responsive to the request.''. (f) Multitrack FIFO Processing and Expedited Access.--Section 552(a)(6) of title 5, United States Code, is amended by adding at the end thereof the following new subparagraphs: ``(D)(i) Each agency shall adopt a first-in, first-out (hereafter in this subparagraph referred to as FIFO) processing policy in determining the order in which requests are processed. The agency may establish separate processing tracks for simple and complex requests using FIFO processing within each track. ``(ii) For purposes of such a multitrack system-- ``(I) a simple request shall be a request requiring 10 days or less to make a determination on whether to comply with such a request; and ``(II) a complex request shall be a request requiring more than 10 days to make a determination on whether to comply with such a request. ``(iii) A multitrack system shall not negate a claim of due diligence under subparagraph (C), if FIFO processing within each track is maintained and the agency can show that it has reasonably allocated resources to handle the processing for each track. ``(E)(i) Each agency shall promulgate regulations, pursuant to notice and receipt of public comment, providing that upon receipt of a request for expedited access to records and a showing by the person making such request of a compelling need for expedited access to records, the agency determine within 10 days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such a request, whether to comply with such request. A request for records to which the agency has granted expedited access shall be processed as soon as practicable. A request for records to which the agency has denied expedited access shall be processed within the time limits under paragraph (6) of this subsection. ``(ii) A person whose request for expedited access has not been decided within 10 days of its receipt by the agency or has been denied shall be required to exhaust administrative remedies. A request for expedited access which has not been decided may be appealed to the head of the agency within 15 days (excepting Saturdays, Sundays, and legal public holidays) after its receipt by the agency. A request for expedited access that has been denied by the agency may be appealed to the head of the agency within 5 days (excepting Saturdays, Sundays, and legal public holidays) after the person making such request receives notice of the agency's denial. If an agency head has denied, affirmed a denial, or failed to respond to a timely appeal of a request for expedited access, a court which would have jurisdiction of an action under paragraph (4)(B) of this subsection may, upon complaint, require the agency to show cause why the request for expedited access should not be granted, except that such review shall be limited to the record before the agency. ``(iii) The burden of demonstrating a compelling need by a person making a request for expedited access may be met by a showing, which such person certifies under penalty of perjury to be true and correct to the best of such person's knowledge and belief, that failure to obtain the requested records within the timeframe for expedited access under this paragraph would-- ``(I) threaten an individual's life or safety; ``(II) result in the loss of substantial due process rights and the information sought is not otherwise available in a timely fashion; or ``(III) affect public assessment of the nature and propriety of actual or alleged governmental actions that are the subject of widespread, contemporaneous media coverage.''. SEC. 7. COMPUTER REDACTION. Section 552(b) of title 5, United States Code, is amended by inserting before the period in the sentence following paragraph (9) the following: ``, and the extent of such deletion shall be indicated on the released portion of the record at the place in the record where such deletion was made''. SEC. 8. DEFINITIONS. Section 552(f) of title 5, United States Code, is amended to read as follows: ``(f) For purposes of this section-- ``(1) the term `agency' as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency; ``(2) the term `record' means all books, papers, maps, photographs, machine-readable materials, or other information or documentary materials, regardless of physical form or characteristics, but does not include-- ``(A) library and museum material acquired or received and preserved solely for reference or exhibition purposes; ``(B) extra copies of documents preserved solely for convenience of reference; ``(C) stocks of publications and of processed documents; or ``(D) computer software which is obtained by an agency under a licensing agreement prohibiting its replication or distribution; and ``(3) the term `search' means a manual or automated review of agency records that is conducted for the purpose of locating those records which are responsive to a request under subsection (a)(3)(A) of this section.''. Passed the Senate September 17, 1996. Attest: Secretary. 104th CONGRESS 2d Session S. 1090 _______________________________________________________________________ AN ACT To amend section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), to provide for public access to information in an electronic format, and for other purposes.

Electronic Freedom of Information Improvement Act of 1996 - Amends the Freedom of Information Act (FOIA) to require Federal agencies, via computer telecommunications or other electronic means, to: (1) publish all information required to be published in the Federal Register; (2) make available a list of statutes relied on by the agency to withhold information; and (3) make available (unless promptly published) for public inspection and copying final opinions, policy statements, administrative staff manuals, an index of all major information systems containing agency records, and an index of all records made available to any person, as well as copies of all records likely to become subject to subsequent requests. Requires agencies to provide requesters records in the form or format in which they are maintained. States that, if, at any agency's request, the Comptroller General determines that the agency annually has either provided responsive documents or denied requests in substantial compliance with FOIA requirements, then one-half of the fees collected from FOIA requests shall be credited to the collecting agency and expended to offset compliance costs. Extends from ten to 20 days the length of time allowed an agency to decide whether to comply with a FOIA request. Requires an agency not in compliance with specified time limits to demonstrate to a court that its delay is warranted under the circumstances. Defines as unforeseen the "exceptional circumstances" of a delay allowing a court to permit an agency additional time to review its records, and excludes from "exceptional" delays resulting from a predictable workload (including an ongoing backlog) in the ordinary course of processing record requests. Requires each agency to process requests on a first-in, first-out basis. Authorizes an agency to establish separate processing tracks for simple and complex requests. Provides for expedited access to records for persons demonstrating specified compelling need. Declares that, where a reasonably segregable portion of a record is provided to a requester after FOIA-exempt portions are deleted, the extent of any deletions shall be indicated on the released portion of the record at the place where they were made.

Electronic Freedom of Information Improvement Act of 1996

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Animal Welfare Act Amendments of 1997''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Expanded definition of dealer. Sec. 3. Licensing requirements. Sec. 4. Prohibited activities without license. Sec. 5. Provisions regarding auction sales. Sec. 6. Enforcement and penalties. Sec. 7. Injunction authority. SEC. 2. EXPANDED DEFINITION OF DEALER. (a) Dealer.--Subsection (f) of section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended to read as follows: ``(f) Dealer.--(1) The term `dealer' means any person who (in commerce for compensation or profit) acquires, delivers for transportation or transports (except as a carrier), buys or offers to buy, sells or offers for sale, leases or offers to lease, negotiates the purchase, sale, or lease of, or otherwise transfers-- ``(A) any animal, whether alive or dead, for research, experimentation, teaching, exhibition, or use as a pet; ``(B) any dog for hunting or security purposes; or ``(C) any dog or cat for breeding purposes. ``(2) The term includes an operator of an auction sale at which any activity described in paragraph (1) takes place and any person who owns or leases premises that are used for a trade day, flea market, or similar event at which any activity described in paragraph (1) takes place. ``(3) The term includes an animal pound or shelter operated by or on behalf of a local government and any governmental entity that sells or otherwise provides animals to any dealer or research facility.''. (b) Clerical Amendments.--Section 2 of such Act is further amended-- (1) by striking the semicolon at the end of subsections (a), (b), (d), (e), and (g) through (k) and inserting a period; and (2) in subsection (n), by striking ``; and'' and inserting a period. SEC. 3. LICENSING REQUIREMENTS. Section 3 of the Animal Welfare Act (7 U.S.C. 2133) is amended to read as follows: ``SEC. 3. LICENSING REQUIREMENTS. ``(a) Issuance of Licenses.--To apply for a license under this section, a dealer or exhibitor shall submit to the Secretary an application in such form and manner as the Secretary may prescribe. The Secretary shall issue licenses to dealers and exhibitors upon payment of the applicable fee established pursuant to section 23 and demonstration by the dealer or exhibitor of compliance with the regulations and standards promulgated by the Secretary pursuant to this Act. ``(b) Licensing Exemptions.-- ``(1) Exemptions authorized.--The Secretary may issue regulations exempting persons described in paragraph (2) from licensing and other requirements under this Act, subject to such conditions as the Secretary may prescribe, if, in the judgment of the Secretary-- ``(A) the licensing of such persons would not effectuate the policy of the Act; and ``(B) the activity of the persons does not involve the use of animals for research purposes. ``(2) Persons eligible for exemptions.--Persons who may be exempted from licensing and other requirements under paragraph (1) include the following: ``(A) Operators of retail pet stores (except retail pet stores which sell animals to research facilities, exhibitors, or dealers). ``(B) Persons who sell wild or exotic animals, as defined by the Secretary, with respect to such wild or exotic animals. ``(C) Persons whose business activities as dealers or exhibitors are de minimis.''. ``(c) Licenses Prohibited.--The Secretary shall not issue (or renew) a license under this section with regard to any of the following persons: ``(1) A person whose license has been suspended, revoked, or voluntarily terminated while the person was in violation of this Act or a regulation or standard promulgated under this Act. ``(2) A person who has not paid any civil penalty previously assessed by the Secretary under this Act. ``(3) A person who has been convicted of, or entered a plea of nolo contendere or its equivalent to, a charge of violating any of the following: ``(A) A treaty or Federal, State, or local law involving the care or treatment of, or recordkeeping for, animals. ``(B) The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or any treaty, Federal, State, or local law for the protection of endangered or threatened species.''. SEC. 4. PROHIBITED ACTIVITIES WITHOUT LICENSE. Section 4 of the Animal Welfare Act (7 U.S.C. 2134) is amended to read as follows: ``SEC. 4. EFFECT OF FAILURE TO OBTAIN LICENSE OR EXEMPTION. ``(a) Treatment of Licensed and Exempted Persons.--Subsection (b) does not apply to a dealer or exhibitor who-- ``(1) holds a current and unsuspended license from the Secretary under section 3(a); or ``(2) is exempted by the Secretary from such licensing requirement pursuant to section 3(b). ``(b) Prohibition Against Certain Activities.--Except in the case of dealers and exhibitors described in subsection (a), a dealer or exhibitor may not-- ``(1) acquire any animal; ``(2) sell or offer for sale any animal; ``(3) lease or offer for lease any animal; ``(4) transport or offer for transportation any animal; ``(5) buy or offer to buy any animal; ``(6) exhibit or offer to exhibit; ``(7) transfer any animal; or ``(8) engage in any other business activity as a dealer or exhibitor.''. SEC. 5. PROVISIONS REGARDING AUCTION SALES. (a) Regulation.--Section 12 of the Animal Welfare Act (7 U.S.C. 2142) is amended to read as follows: ``SEC. 12. HUMANE STANDARDS AND RECORDKEEPING REQUIREMENTS AT AUCTION SALES. ``The Secretary shall promulgate humane standards and recordkeeping and reporting requirements to govern the purchase, sale, or handling of animals by-- ``(1) dealers, research facilities, exhibitors at auction sales; and ``(2) by persons consigning animals to auction sales.''. (b) Conforming Amendments.-- (1) Holding period.--Section 5 of the Animal Welfare Act (7 U.S.C. 2135) is amended by striking ``Secretary: Provided, That operators of auction sales subject to section 12 of this Act'' and inserting ``Secretary, except that operators of auction sales''. (2) Research facility purchases.--Section 7 of the Animal Welfare Act (7 U.S.C. 2137) is amended by striking ``subject to section 12 of this Act''. (3) Federal purchases.--Section 8 of the Animal Welfare Act (7 U.S.C. 2138) is amended by striking ``subject to section 12 of this Act''. (4) Agency relationship.--Section 9 of the Animal Welfare Act (7 U.S.C. 2139) is amended by striking ``subject to section 12 of this Act''. (5) Enforcement and penalties.--Section 19 of the Animal Welfare Act (7 U.S.C. 2149) is amended-- (A) in subsections (b) and (c), by striking ``carrier, or operator of an auction sale subject to section 12 of this Act,'' both places it appears and inserting ``or carrier''; and (B) in subsection (d), by striking ``, exhibitor, or operator of an auction sale subject to section 12 of this Act,'' and inserting ``or exhibitor''. SEC. 6. ENFORCEMENT AND PENALTIES. Subsection (a) of section 19 of the Animal Welfare Act (7 U.S.C. 2149), is amended to read as follows: ``(a) Suspension or Refusal To Renew License.-- ``(1) Temporary and final orders.--If the Secretary has reason to believe that a person licensed under this Act has violated or is violating any provision of this Act (or the regulations or standards issued under this Act), the Secretary may suspend or refuse to renew the person's license temporarily, but not to exceed 120 days except as provided in paragraph (3). If after notice and opportunity for hearing the violation is determined to have occurred, the Secretary may suspend or refuse to renew the person's license for such additional period as the Secretary may specify or revoke the license. An order suspending, revoking, or refusing to renew a license after notice and opportunity for hearing shall be effective pending the final determination of the Secretary. ``(2) Notice of temporary action; licensee rights.--When the Secretary temporarily suspends or refuses to renew a license under paragraph (1), the Secretary shall promptly send written notice to the licensee informing the licensee of the following: ``(A) The nature of the alleged violation. ``(B) The time and place of the alleged violation. ``(C) The action of the Secretary in response to the alleged violation. ``(D) The right of the licensee to request a hearing on the matter only during the 10-day period beginning on the date the licensee receives the written notice. ``(3) Time for hearing.--A hearing on an alleged violation shall be held within 30 days after the date on which the Secretary receives the request for the hearing. However, unless the licensee requests the hearing within 10 days of receipt of the written notice, the licensee shall forfeit any right to a hearing within such 30-day period, and the suspension or refusal to renew shall remain in effect until a hearing is held and the administrative law judge issues a decision and order. ``(4) Time for decision.--The administrative law judge shall issue a decision and order within 30 days after the conclusion of a hearing whenever a suspension or refusal to renew is in effect.''. SEC. 7. INJUNCTION AUTHORITY. Subsection (a) of section 29 of the Animal Welfare Act (7 U.S.C. 2159) is amended to read as follows: ``(a) Request for Attorney General To Apply for Injunction.-- ``(1) Request.--Whenever the Secretary has reason to believe that a person described in paragraph (2) should be enjoined from operating in violation of this Act or the regulations and standards issued under this Act, the Secretary shall notify the Attorney General. Upon notification, the Attorney General may apply to the United States district court for the district in which the person resides or conducts business for a temporary restraining order or preliminary injunction to prevent the person from operating in violation of this Act or the regulations and standards prescribed under this Act. ``(2) Circumstances for making request.--A person referred to in paragraph (1) is a dealer, exhibitor, research facility, carrier, or intermediate handler that the Secretary has reason to believe-- ``(A) is dealing in stolen animals; ``(B) is placing the health of any animal in danger in violation of this Act or the regulations or standards issued under this Act; or ``(C) is otherwise in violation of this Act or the regulations and standards issued under this Act. ``(3) Dealing in animals.--For purposes of paragraph (2), a person who engages in any of the activities described in section 2(f)(1) shall be considered to be dealing in animals.''.

Animal Welfare Act Amendments of 1997 - Amends the Animal Welfare Act to redefine "dealer," including delineation of auction operators and shelters or other facilities operated by or for a governmental entity. Revises licensing (and exception) provisions. Prohibits license issuance or renewal to a person who: (1) loses a license for a violation of such Act or failure to pay a related civil penalty; or (2) has violated another animal welfare or species protection law or treaty. Directs the Secretary of Agriculture to promulgate humane standards and recordkeeping requirements for animal auctions. Sets forth enforcement and injunction provisions.

Animal Welfare Act Amendments of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Voters' Equal Access to Voter Registration Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Members of the Armed Forces and their family members (in this section referred to as ``military voters'') who have sought to vote in recent elections for Federal office have had substantial difficulty doing so, frequently resulting in the disenfranchisement of such military voters. (2) Due to the highly transient nature of military service and frequent overseas deployments, military voters are constantly on the move between military installations in the United States and to and from overseas locations. As a result, military voters are typically absent from their home voting jurisdictions on election day and, if military voters wish to exercise their right to vote, they must do so by absentee ballot. (3) In 1986, Congress enacted the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) in an attempt to permit military voters to register to vote and vote by absentee ballot in all elections for Federal office. Nevertheless, the absentee voting system, as created under such Act, has consistently failed to ensure that military voters actually receive their unmarked absentee ballots prior to election day. Military voters continue to experience substantial difficulty in registering to vote, updating their voting addresses, and obtaining absentee ballots prior to election day. (4) In 1993, Congress enacted the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) to create a national voter registration system, as well as to provide citizens with increased opportunities to register to vote and receive voting assistance. Such Act, however, failed to ensure that military voters have the same access to voter registration assistance as the civilian population, because their military service typically takes them out of their home voting jurisdictions, where they would otherwise be able to receive such assistance, as required under such Act. (5) The Inspector General of the Department of Defense has found that military voters do not receive adequate information and assistance to register to vote and request an absentee ballot. In a survey following the 2004 election, the Inspector General found that only 40 to 50 percent of members of the Armed Forces, and a lesser percentage of their dependents, received voting information or assistance prior to the election. The Inspector General reached a similar conclusion after the 2006 election, finding that less than 40 percent of military voters received voting information and assistance. (6) Millions of military voters have been disenfranchised as a result of the current system's inability to provide them with voting information and assistance. A Department of Defense study conducted by the Defense Manpower Data Center found that, in the 2006 election for Federal office, only 22 percent of military voters were able to successfully vote, by either casting an absentee ballot or voting in person--which represents approximately one-half of the percentage of the overall national population that voted in such election. A separate study by the U.S. Election Assistance Commission found that, in such election, only a small fraction of military voters were able to request an absentee ballot. The Election Assistance Commission study further showed that, even when military voters were able to request a ballot, a significant percentage of the ballots requested never reached the military voters who requested them, having been sent to outdated addresses from which the military voters had since moved. (7) Preliminary data from the 2008 Presidential election shows little or no improvement. According to statistics collected from 5 of the 6 States with the largest number of military voters, only 21.9 percent of all eligible military voters in those States were able to request absentee ballots. Once again, many ballots were sent to outdated addresses and did not reach the intended military voters. (8) The ability of military voters to participate in the democratic process would be significantly improved through more robust efforts by the Armed Forces to provide such voters with pertinent voting information and effective assistance when they need it most--when their address changes as a result of reassignment to a new duty station or overseas deployment. The Armed Forces, in so doing, would dramatically increase the ability of military voters to request and obtain absentee ballots, and they would also help ensure that local election officials have the most current address of military voters in order to send absentee ballots to such voters. SEC. 3. TREATMENT OF ACTIVE DUTY MILITARY INSTALLATIONS. Section 7 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-5) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) Active Duty Military Installations.-- ``(1) Not later than 180 days after the date of enactment of this subsection, each Secretary of a military department shall take appropriate actions to designate an office on each installation of the Armed Forces under the jurisdiction of such Secretary to ensure that each individual described in paragraph (2) is provided the opportunity to register to vote in an election for Federal office, update the individual's voter registration information, and request an absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act. ``(2) The following individuals are described in this paragraph: ``(A) A member of the Armed Forces-- ``(i) who is undergoing a permanent change of duty station; ``(ii) who is deploying overseas for at least 6 months; ``(iii) who is or returning from an overseas deployment of at least 6 months; or ``(iv) who requests assistance related to voter registration. ``(B) A dependent of a member of the Armed Forces, if the dependent-- ``(i) requests assistance related to voter registration; and ``(ii) is at least 18 years of age. ``(3) The assistance described in paragraph (1) shall be provided to a member of the Armed Forces-- ``(A) described in clause (i) of paragraph (2)(A), as part of the administrative processing of the member upon arrival at the new duty station of the member; ``(B) described in clause (ii) of such paragraph, as part of the administrative processing of the member upon deployment from the home duty station of the member; ``(C) described in clause (iii) of such paragraph, as part of the administrative processing of the member upon return to the home duty station of the member; and ``(D) described in clause (iv) of such paragraph, at any time the member requests such assistance. ``(4) An office designated by the Secretary of a military department under paragraph (1) shall be considered to be a voter registration agency designated under subsection (a)(2) of this section for all purposes of this subchapter.''. SEC. 4. OUTREACH FOR MEMBERS OF THE ARMED FORCES AND THEIR FAMILY MEMBERS. (a) In General.--The Secretary of each military department, or the Presidential designee under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.), shall take appropriate actions to inform members of the Armed Forces and the dependents of such members of the assistance available under section 7(d) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg- 5), as added by section 3, including-- (1) the availability of voter registration assistance at offices designated under paragraph (1) of such section 7(d); and (2) the time, location, and manner in which a member of the Armed Forces and a dependent of such a member may utilize such assistance. (b) Reports.-- (1) Report on status of implementation.-- (A) Report required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of each military department, or the Presidential designee under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff), shall submit to the relevant committees of Congress a report on the status of the implementation of section 7(d) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-5), as added by section 3. (B) Elements.--The report under subparagraph (A) shall include a detailed description of the specific steps taken towards the implementation of such section, including the designation of offices under paragraph (1) of such section 7(d). (2) Report on utilization of voter registration assistance.-- (A) Reports required.--Not later than 1 year after the date of the enactment of this Act, the Secretary of each military department, or the Presidential designee, shall submit to the relevant committees of Congress a report on the utilization of voter registration assistance provided under such section 7(d). (B) Elements.--The report under subparagraph (A) shall include-- (i) a description of the specific programs implemented by each military department of the Armed Forces pursuant to such section 7(d); and (ii) the number of military service members and dependents who utilized voter registration assistance provided under such section 7(d). (3) Relevant committees of congress defined.--In this subsection, the term ``relevant committees of Congress'' means-- (A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and (B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives.

Military Voters' Equal Access to Voter Registration Act of 2009 - Amends the National Voter Registration Act of 1993 to require designating direct each Secretary of a military department to designate an office on each Armed Forces installation to ensure that certain individuals are provided the opportunity to register to vote in federal elections, update voter registrations, and request absentee ballots under the Uniformed and Overseas Citizens Absentee Voting Act. Designates as those individuals those who are: (1) members of the Armed Forces and are undergoing a permanent change of duty station, deploying overseas for at least 6 months, returning from an overseas deployment of at least 6 months, or requests assistance related to voter registration; and (2) are dependents of members of the Armed Forces, request assistance, and are at least 18 years old. Considers an office so designated to be a voter registration agency for all purposes of the Act. Requires informing Armed Forces members and their dependents of the assistance available under this Act.

A bill to amend the National Voter Registration Act of 1993 to provide members of the Armed Forces and their family members equal access to voter registration assistance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Completion Challenge Grant Act of 2000''. SEC. 2. REFERENCES. Except as otherwise expressly provided in this Act, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 3. SUMMER PROGRAMS AND SUPPLEMENTARY GRANTS. (a) Duration of Grants.--The matter preceding subparagraph (A) of section 402A(b)(2) (20 U.S.C. 1070a-11(b)(2)) is amended by inserting ``, except grants made under section 402D(d),'' before ``shall''. (b) Minimum Grants.--Section 402A(b)(3)(A) (20 U.S.C. 1070a- 11(b)(3)(A)) is amended by striking ``sections 402D'' and inserting ``sections 402D(a)''. (c) College Completion Challenge Grants.--Section 402D (20 U.S.C. 1070a-14) is amended by adding at the end the following: ``(d) College Completion Challenge Grants.-- ``(1) Reservation.--For any fiscal year, the Secretary may reserve not more than 20 percent of the funds made available under this section for College Completion Challenge Grants in accordance with this subsection. ``(2) Eligible entities.--The following entities may apply for a College Completion Challenge Grant: ``(A) A recipient of a grant under subsection (a). ``(B) Any entity described in section 402A(b)(1) that demonstrates, to the satisfaction of the Secretary, that it is providing services described in subsection (a). ``(C) Subject to paragraph (5), any entity that is seeking a grant under subsection (a). ``(3) Uses of funds; requirements.--(A) Subject to paragraph (4)(B), a recipient of a grant under this subsection may use those funds to provide grant aid under subparagraph (B) or a summer program under subparagraph (C). ``(B)(i) Except as provided in subparagraphs (C)(i) and (D), a recipient of a grant under this subsection may use those funds to provide grants to students who are in their first 2 years of postsecondary education and who are receiving Federal Pell Grants under subpart 1. ``(ii)(I) The Secretary may, by regulation, establish minimum award levels for grants to students under clause (i), taking into account such factors as the different costs of attendance associated with public and private institutions. ``(II) If the Secretary does not establish minimum award levels under subclause (I), or if an institution wishes to provide grants under clause (i) in an amount less than the minimum set by the Secretary, the institution shall demonstrate in its application, to the satisfaction of the Secretary, that the size of the grants it will provide to students is appropriate and likely to have a significant effect on student retention at that institution. ``(iii) A grant provided to a student under clause (i) shall not be considered in determining that student's need for grant or work assistance under this title, except that in no case shall the total amount of student financial assistance awarded to a student under this title exceed that student's cost of attendance, as defined in section 472. ``(C)(i) A recipient of a grant under this subsection may use those funds to establish an intensive summer program for incoming first-year students (or students entering their second or third year of postsecondary education if the institution can demonstrate, to the satisfaction of the Secretary, that it is addressing the needs of first-year students and that a summer program may help retention of second- or third-year students at risk of dropping out of school). ``(ii) A summer program under this subparagraph shall-- ``(I) be no shorter than 6 weeks; ``(II) include room, board, and the cost of the program, at no cost to the student; and ``(III) include a stipend. ``(D) A recipient of funds under this subsection may serve students who have completed their first 2 years of postsecondary education if it demonstrates in its application, to the satisfaction of the Secretary, that-- ``(i) these students are at high risk of dropping out of school; and ``(ii) it will first meet the needs of all its eligible first- and second-year students for services under this subsection. ``(4) Applications.--(A) Each eligible applicant that desires a grant under this subsection shall submit to the Secretary an application for that grant at such time and containing such information as the Secretary may prescribe. ``(B) Each eligible applicant that submits to the Secretary an application that does not propose to use funds under this subsection for both grants under paragraph (3)(B) and a summer program under paragraph (3)(C) shall demonstrate, to the satisfaction of the Secretary, how it will otherwise provide both grants under paragraph (3)(B) and a summer program under paragraph (3)(C). ``(C) Each eligible applicant for a grant under this subsection whose grant under subsection (a) will end prior to its grant under this subsection shall describe, in its application for a grant under this subsection, how it will continue to carry out the services and activities it carried out under subsection (a) during the duration of its grant under subsection (a). ``(D) Each eligible applicant for a grant under this subsection that is not receiving funds under subsection (a) shall describe in its application, to the satisfaction of the Secretary, the services described under subsection (a) that it is providing using funds other than funds provided under subsection (a). ``(5) Special rule.-- Any eligible applicant that is applying for grants under both subsection (a) and this subsection that does not provide the services described under subsection (a) at the time of application through funding sources other than subsection (a) may not receive a grant under this subsection unless it also receives a grant under subsection (a). ``(6) Matching funds.--(A) Except as provided in subparagraph (B), a recipient of a grant under this subsection shall provide, from non-Federal funds, not less than 33 percent of the total cost, in cash, of its program under this subsection. ``(B) Subparagraph (A) shall not apply to any institution of higher education that is eligible to receive funds under part A or B of title III, or under title V. ``(7) Duration of grants.--Grants under this subsection shall be awarded for a period of 4 years.''.

Authorizes the Secretary of Education to reserve specified funds to make such grants to certain entities. Requires grantees to use such funds to provide: (1) additional grant aid to students in their first two years of postsecondary education who are receiving Federal Pell Grants; or (2) intensive summer programs for incoming first-year students (and, under certain conditions, second- or third-year students). Allows grantees to use such funds to serve students who have completed their first two years of postsecondary education if they are at high risk of dropping out of school and if the grantee will first meet the needs of all its eligible first- and second-year students for services under this Act.

College Completion Challenge Grant Act of 2000

SECTION 1. CONVEYANCE OF TWO HARBORS LIGHTHOUSE, MINNESOTA. (a) Authority To Convey.-- (1) In general.--Subject to subsection (b), the Commandant of the Coast Guard may convey, by an appropriate means of conveyance, all right, title, and interest of the United States in and to the real property comprising the Coast Guard Light Station Two Harbors, located in Lake County, Minnesota, to the Lake County Historical Society. (2) Identification of property.--The Commandant may identify, define, describe, and determine the real property to be conveyed under this section. (3) Historical artifacts.--Any historical artifact, including any lens or lantern, located on or associated with the real property conveyed at or before the time of the conveyance, shall remain the personal property of the United States. (b) Terms and Conditions of Conveyance.-- (1) In general.--Any conveyance of real property under this section shall be made-- (A) without payment of consideration; and (B) subject to the terms and conditions the Commandant considers appropriate to protect the interests of the United States, including the reservation of easements or other rights on behalf of the United States. (2) Maintenance of navigation functions.--Any conveyance of real property under this section shall be made subject to the terms and conditions that the Commandant considers necessary to assure that-- (A) any active aid to navigation located on the real property conveyed shall remain the personal property of the United States, and shall continue to be operated and maintained by the United States for as long as it is needed for this purpose; (B) the Lake County Historical Society shall not in any manner interfere with, or allow interference with, any aid to navigation without express written permission from the Commandant; and (C) there is reserved to the United States the right to-- (i) operate, maintain, install, improve, relocate, replace, or remove any aid to navigation located on the real property conveyed; (ii) make any changes to the real property conveyed as may be necessary for navigational purposes; and (iii) enter the real property conveyed at any time, without notice, for the purpose of exercising any of the rights reserved under this subparagraph. (3) Obligation limitation.--The Lake County Historical Society is not required by this section to maintain any active aid to navigation. (4) Historic preservation.--The Lake County Historical Society shall maintain the real property conveyed under this section in accordance with the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) and the regulations promulgated under that Act. (5) Maintenance standard.--The Lake County Historical Society shall maintain the real property conveyed under this section, including any improvements, at its own cost and expense, in a proper, substantial, and workmanlike manner. (6) Reversionary interest.--In addition to any term or condition established under this section, the conveyance of real property under this subsection shall be subject to the condition that all right, title, and interest in the real property conveyed under this section shall immediately revert to the United States, and be placed under the administrative control of the Administrator of General Services, if-- (A) the real property conveyed, or any part thereof-- (i) ceases to be used as a nonprofit center for the interpretation and preservation of maritime history; (ii) ceases to be maintained in a manner that ensures its present or future use as a site for aids to navigation; or (iii) ceases to be maintained in a manner consistent with the provisions of the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), or the regulations promulgated under that Act; or (B) at least 30 days before that reversion the Commandant provides written notice to Lake County Historical Society that the real property conveyed is needed for national security purposes. (c) Definitions.--As used in this section-- (1) the term ``aid to navigation'' means equipment used for navigation purposes, including any light, antenna, sound signal, or other associated lighthouse equipment; and (2) the term ``Lake County Historical Society'' means the Lake County Historical Society (a nonprofit corporation established under the laws of the State of Minnesota), its parent organization or subsidiary, if any, and its successors and assigns.

Authorizes the Commandant of the Coast Guard to convey all right, title, and interest of the United States in the Coast Guard Light Station Two Harbors, located in Lake County, Minnesota, to the Lake County Historical Society. Subjects such conveyance to the condition that the station maintain its U.S.-operated navigational functions.

To authorize the Commandant of the Coast Guard to convey the real property comprising Coast Guard Light Station Two Harbors, located in Lake County, Minnesota, to the Lake County Historical Society.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Third Higher Education Extension Act of 2006''. SEC. 2. EXTENSION OF PROGRAMS. Section 2(a) of the Higher Education Extension Act of 2005 (P.L. 109-81; 20 U.S.C. 1001 note) is amended by striking ``September 30, 2006'' and inserting ``June 30, 2007''. SEC. 3. ELIGIBLE LENDER TRUSTEE RELATIONSHIPS WITH ELIGIBLE INSTITUTIONS. (a) Amendment.--Section 435(d) of the Higher Education Act of 1965 (20 U.S.C. 1085(d)) is amended by adding at the end the following new paragraph: ``(7) Eligible lender trustees.--Notwithstanding any other provision of this subsection, an eligible lender may not make or hold a loan under this part as trustee for an institution of higher education, or for an organization affiliated with an institution of higher education, unless-- ``(A) the eligible lender is serving as trustee for that institution or organization as of the date of enactment of the Third Higher Education Extension Act of 2006 under a contract that was originally entered into before the date of enactment of such Act and that continues in effect or is renewed after such date; and ``(B) the institution or organization, and the eligible lender, with respect to its duties as trustee, each comply on and after January 1, 2007, with the requirements of paragraph (2), except that-- ``(i) the requirements of clauses (i), (ii), (vi), and (viii) of paragraph (2)(A) shall, subject to clause (ii) of this subparagraph, only apply to the institution (including both an institution for which the lender serves as trustee and an institution affiliated with an organization for which the lender serves as trustee); ``(ii) in the case of an organization affiliated with an institution-- ``(I) the requirements of clauses (iii) and (v) of paragraph (2)(A) shall apply to the organization; and ``(II) the requirements of clause (viii) of paragraph (2)(A) shall apply to the institution or the organization (or both), if the institution or organization receives (directly or indirectly) the proceeds described in such clause; ``(iii) the requirements of clauses (iv) and (ix) of paragraph (2)(A) shall not apply to the eligible lender, institution, or organization; and ``(iv) the eligible lender, institution, and organization shall ensure that the loans made or held by the eligible lender as trustee for the institution or organization, as the case may be, are included in a compliance audit in accordance with clause (vii) of paragraph (2)(A).''. (b) Effective Date.--The amendment made by subsection (a) shall not apply with respect to any loan under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) disbursed before January 1, 2007. SEC. 4. HISPANIC-SERVING INSTITUTIONS. (a) Definition Changes.--Section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)) is amended-- (1) in paragraph (5)-- (A) by inserting ``and'' after the semicolon at the end of subparagraph (A); (B) in subparagraph (B)-- (i) by striking ``at the time of application,''; and (ii) by inserting ``at the end of the award year immediately preceding the date of application'' after ``Hispanic students''; (C) by striking ``; and'' at the end of subparagraph (B) and inserting a period; and (D) by striking subparagraph (C); and (2) by striking paragraph (7). (b) Wait-Out Period Eliminated.--Section 504(a) of such Act (20 U.S.C. 1101c(a)) is amended to read as follows: ``(a) Award Period.--The Secretary may award a grant to a Hispanic- serving institution under this title for 5 years.''. SEC. 5. GUARANTY AGENCY ACCOUNT MAINTENANCE FEES. Section 458(b) of the Higher Education Act of 1965 (20 U.S.C. 1087h(b)) is amended by striking ``shall not exceed'' and inserting ``shall be calculated on''. SEC. 6. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR SURVIVORS OF VICTIMS OF THE SEPTEMBER 11, 2001, ATTACKS. (a) Definitions.--For purposes of this section: (1) Eligible public servant.--The term ``eligible public servant'' means an individual who, as determined in accordance with regulations of the Secretary-- (A) served as a police officer, firefighter, other safety or rescue personnel, or as a member of the Armed Forces; and (B) died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001. (2) Eligible victim.--The term ``eligible victim'' means an individual who, as determined in accordance with regulations of the Secretary, died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001. (3) Eligible parent.--The term ``eligible parent'' means the parent of an eligible victim if-- (A) the parent owes a Federal student loan that is a consolidation loan that was used to repay a PLUS loan incurred on behalf of such eligible victim; or (B) the parent owes a Federal student loan that is a PLUS loan incurred on behalf of an eligible victim. (4) Secretary.--The term ``Secretary'' means the Secretary of Education. (5) Federal student loan.--The term ``Federal student loan'' means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965. (b) Relief From Indebtedness.-- (1) In general.--The Secretary shall provide for the discharge or cancellation of-- (A) the Federal student loan indebtedness of the spouse of an eligible public servant, as determined in accordance with regulations of the Secretary, including any consolidation loan that was used jointly by the eligible public servant and his or her spouse to repay the Federal student loans of the spouse and the eligible public servant; (B) the portion incurred on behalf of the eligible victim (other than an eligible public servant), of a Federal student loan that is a consolidation loan that was used jointly by the eligible victim and his or her spouse, as determined in accordance with regulations of the Secretary, to repay the Federal student loans of the eligible victim and his or her spouse; (C) the portion of the consolidation loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim; and (D) the PLUS loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim. (2) Method of discharge or cancellation.--A loan required to be discharged or canceled under paragraph (1) shall be discharged or canceled by the method used under section 437(a), 455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), whichever is applicable to such loan. (c) Facilitation of Claims.--The Secretary shall-- (1) establish procedures for the filing of applications for discharge or cancellation under this section by regulations that shall be prescribed and published within 90 days after the date of enactment of this Act and without regard to the requirements of section 553 of title 5, United States Code, and section 437 of the General Education Provisions Act (20 U.S.C. 1232); and (2) take such actions as may be necessary to publicize the availability of discharge or cancellation of Federal student loan indebtedness under this section. (d) Availability of Funds for Payments.--Funds available for the purposes of making payments to lenders in accordance with section 437(a) for the discharge of indebtedness of deceased or disabled individuals shall be available for making payments under section 437(a) to lenders of loans as required by this section. (e) Applicable to Outstanding Debt.--The provisions of this section shall be applied to discharge or cancel only Federal student loans (including consolidation loans) on which amounts were owed on September 11, 2001, except that nothing in this section shall be construed to authorize any refunding of any repayment of a loan. (f) Deadlines and Procedures.--Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098(a)) shall not apply to any regulations required by this section. SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act, or in the Higher Education Extension Act of 2005 as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (P.L. 109-171) to the provisions of the Higher Education Act of 1965 and the Taxpayer-Teacher Protection Act of 2004. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Third Higher Education Extension Act of 2006 - Amends the Higher Education Extension Act of 2005 to extend the programs under the Higher Education Act of 1965 through June 30, 2007. Amends the Higher Education Act of 1965 to bar trustees of institutions of higher education (IHEs), or of institution-affiliated organizations, from serving as eligible lenders under the Federal Family Education Loan (FFEL) program, unless the trusteeship continues pursuant to a contract entered into before the enactment of this Act. Imposes specified requirements on exempt lender-trustees and the IHEs or institution-affiliated organizations they serve. Subjects exempt lender-trustee loans to compliance audits. Alters the grant program for Hispanic-serving IHEs to: (1) move the time at which at least 25% of their full-time students must be Hispanic, from the time such IHEs apply for a new grant back to the end of the preceding grant year; (2) eliminate the requirement that at least 50% of their Hispanic students be poor; and (3) eliminate the two-year waiting period between grant applications. Requires that account maintenance fees payable to guarantee agencies under the FFEL program be calculated on the basis of .10% of the original principal amount of such outstanding loans on which insurance was issued. (Currently, such fees are capped at such percentage.) Directs the Secretary of Education to discharge or cancel the federal student loan indebtedness of spouses and parents of individuals who died (or die) or who became (or become) permanently and totally disabled from injuries suffered in the terrorist attacks on September 11, 2001. States that, in the case of a consolidation loan used jointly by a victim of such attacks and his or her spouse, the discharge or cancellation shall apply only to that portion of debt incurred on behalf of the victim; except that, where the victim served as a police officer, firefighter, other safety or rescue personnel, or member of the Armed Forces, all of the debt on such loan shall be discharged or canceled.

To temporarily extend the programs under the Higher Education Act of 1965, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access Aid Act of 1999''. SEC. 2. ESTABLISHMENT OF PROGRAM. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end the following new part: PART L--ACCESS AID ACT ``SEC. 10995A. INNOVATIVE PARTNERSHIPS AUTHORIZED. ``(a) Purposes of Access Aid Act.--The Secretary is authorized, in accordance with the requirements of this part, to establish a demonstration program with the following purposes: ``(1) Encourage nonprofit organizations working with local school districts to establish a program that identifies and mentors college eligible students and their families on college selection, college admissions, and college funding. Such program shall serve students no later than the end of grade 10 and shall continue to support them until the end of their 4- or 5-year college career. Nonprofit organizations shall provide comprehensive mentoring, supportive services, and outreach to students and others and schools participating under this part to promote enrollment of first generation, low-income students and others in colleges and universities across the Nation. ``(2) Shift the cost of programs established under this part from the Federal Government to the private sector after 24 months to ensure that programs created under this part continue without Federal funds. ``(3) A nonprofit organization selected to receive assistance under this part shall involve parents or legal guardians of students in every aspect of college selection and college admissions in the financial aid process. ``(b) Counseling Component; Individual Services.--The primary focus of the counseling services under this part shall be college selection, college admissions, and college funding. Such counseling shall involve the students' parents or legal guardians and shall be conducted on an individual and confidential basis. The program shall enable students to evaluate and select a college based on the student's interest level and qualifications not cost. Such support programs ensures a higher rate of college graduation. ``(c) Emergency Grant Component.--Programs under this part may provide participating students small grants to underwrite the costs of college visits or to purchase books and equipment required by (but not included in) the student budget of the college. In addition, emergency grants may be used when a student's demonstrated need is not fully funded by the postsecondary institution. In every case, emergency grants will be made pursuant to the purposes outlined in this part. ``(d) Workshops Component.--In addition to individual counseling of students and scholars, the organization shall provide outreach support to each participating school's guidance or career counseling staff and provide workshops relating to college admissions, college funding, and financial aid form completion to the general population of each participating school or other interested schools. At each project site, the organization shall provide no less than 10 workshops in participating and surrounding school districts. ``SEC. 10995B. IMPLEMENTATION OF PROGRAM. ``(a) Identification of Participants.--The students selected for assistance under this part shall be nominated for the program by the staffs of the participating high schools. The primary standard for selection relates to college eligible, first generation, low-income students, with no student served by TRIO or GEAR UP eligible for the program under this part. ``(b) Scope of Access Aid.--Students shall be selected for assistance under this part in each State. ``(c) Qualifying Organizations.--In order to qualify for a grant under this part, the applicant shall-- ``(1) be a tax-exempt not-for-profit organization; ``(2) not be affiliated with a public or private educational institution; ``(3) not sell a financial product of any kind; ``(4) demonstrate experience in the college admissions and college funding arenas; ``(5) demonstrate familiarity with Federal outreach programs; ``(6) demonstrate prior experience with the public secondary school sector; ``(7) provide evidence that there is a demand by schools and school districts for its program; ``(8) provide a plan for orderly shift of the funding component from the public to the private sector; ``(9) provide for a plan for public awareness of the program, the participants, and the outcomes; ``(10) provide a plan for counseling services for participants from entry into the program until completion of college; and ``(11) include a quantifiable evaluation plan. ``(d) Plan Required for Eligibility.-- ``(1) In order to qualify for a grant under this part, the applicant shall submit to the Secretary a plan for carrying out the program under this part. Such plan shall describe the program, including the selection process for participating students and the districts, the services rendered, and the strategy to be used to shift the funding responsibility from the Federal Government to the private sector. ``(2) The plan submitted pursuant to paragraph (1) shall be in such form, contain or be accompanied by such information, and be submitted at such time as the Secretary may require by regulation and shall-- ``(A) describe the activities for which assistance under this section is sought; and ``(B) provide such additional assurances to ensure compliance with the requirements of this part. ``SEC. 10995C. EARLY INTERVENTION. ``In order to receive payments under this part, an organization shall demonstrate to the satisfaction of the Secretary that the organization will provide comprehensive mentoring, outreach, and supportive services to students, parents, and schools participating under this part to promote enrollment of first generation, low-income students in colleges and universities across the Nation. Such individual services shall begin not later than the end of the 10th grade and shall continue until completion of college. Such counseling must involve the students' parents or legal guardians and shall be conducted on an individual and confidential basis. The primary focus of the counseling services shall be college selection, college admissions, and college funding. In order to assure completion of college, the program shall have participating students select and attend colleges across the Nation based upon their appropriateness for the student rather than the cost. ``SEC. 10995D. USES OF FUNDS. ``(a) In General.--The Secretary shall, by regulation, establish criteria for determining whether comprehensive mentoring, counseling, outreach, and supportive services programs may be used to meet the requirements of this part. ``(b) Allowable Providers.--To meet the requirements of this part, the organization may contract on a limited basis certain services from other providers. ``SEC. 10995E. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $2,000,000 for each of fiscal years 2001 through 2005.''.

Authorizes the Secretary of Education to establish an Access Aid demonstration program to assist nonprofit organizations (organizations) working with local school districts to establish programs (programs) that identify and mentor college-eligible students and their families. Requires program counseling services to: (1) focus on college selection, admissions, and funding; (2) involve the students' parents or legal guardians and be conducted on an individual and confidential basis; and (3) enable students to evaluate and select a college based on the student's interest level and qualifications, not on cost. Allows programs to provide participating students small grants to underwrite the costs of college visits or to purchase books and equipment required by, but not included in, the student budget of the college. Allows emergency grants to be used when a student's demonstrated need is not fully funded by the postsecondary institution. Requires organizations to provide outreach support to each participating school's guidance or career counseling staff and provide workshops relating to college admissions, college funding, and financial aid form completion to the general population of each participating school or other interested schools. Requires an organization to provide, at each project site, at least workshops in participating and surrounding school districts. Requires the students selected for program assistance to be nominated by the staffs of the participating high schools. Bases selection primarily on their being college-eligible, first- generation, low-income students. Makes ineligible for program assistance students served by TRIO or GEAR UP programs. Requires students in each State to be selected for program assistance. Requires individual services to begin not later than the end of the tenth grade and continue until completion of college. Requires an applicant organization, in order to qualify for a part L grant, to: (1) be a tax-exempt not-for-profit organization, not affiliated with a public or private educational institution, and not a seller of any kind of financial product; (2) demonstrate experience in the college admissions and college funding arenas, familiarity with Federal outreach programs, prior experience with the public secondary school sector, and a demand by schools and school districts for its program; and (3) provide plans for orderly shift of the funding component from the public to the private sector, for public awareness of the program, the participants, and the outcomes, for counseling services for participants from entry into the program until completion of college, for quantifiable evaluation, and for program implementation. Authorizes appropriations.

Access Aid Act of 1999

FUNDING CORPORATION. (a) Obligations of the Federal Home Loan Banks.--Section 21B of the Federal Home Loan Bank Act (12 U.S.C. 1441b) is amended-- (1) in subsection (e)(3)(C)-- (A) in clause (i), by striking ``is less than $300,000,000 per year'' and inserting ``for any year is less than the amount which is equal to the lesser of 20 percent of the aggregate net earnings of such banks for such year or $300,000,000''; and (B) in clause (ii), by striking ``is more than $300,000,000 per year'' and inserting ``for any year is more than the amount which is equal to the lesser of 20 percent of the aggregate net earnings of such banks for such year or $300,000,000''; and (2) in subsection (f)(2)(C)-- (A) by striking ``the aggregate amount of $300,000,000'' and inserting ``the amount which is equal to the lesser of 20 percent of the aggregate net earnings of such banks for such year or $300,000,000''; and (B) by striking ``as follows:'' and all that follows and inserting ``by requiring each such bank to pay an equal percentage of the net earnings of the bank for the year for which such payment is so required, up to a maximum of 20 percent of the net earnings of the bank.''; (b) Backup for Reduction in Payments Due to Paragraph (1) Amendments.--Section 21B(f)(2) of the Federal Home Loan Bank Act (12 U.S.C. 1441b(f)(2)) is amended-- (1) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (2) by inserting after subparagraph (C) the following: ``(D) Backup assessment authority for certain subparagraph (c) reductions.-- ``(i) In general.--To the extent the amounts available pursuant to subparagraphs (A), (B), and (C) are insufficient to cover the amount of interest payments for any year, the Federal Housing Finance Board shall impose an assessment on each assessable institution at a rate determined by such Board to be necessary for such Board to collect an amount equal to the amount of the deficiency. ``(ii) Maximum amount limitation.--The aggregate amount of assessments imposed under clause (i) for any year may not exceed the amount by which $300,000,000 exceeds 20 percent of the aggregate net earnings of the Federal home loan banks for such year. ``(iii) Applied to interest payments.--The amount received by the Federal Housing Finance Board from assessments imposed under this subparagraph shall be transferred to the Funding Corporation to make such interest payments. ``(iv) Procedures to ensure timely payments.--For purposes of carrying out this paragraph, the Federal Housing Finance Board shall establish such procedures for imposing and collecting any assessment under this subparagraph for any year as such Board determines are necessary to ensure that the payment under clause (iii) will be made no later than the date by which any payment by the Federal home loan banks under subparagraph (C) is due for such year. ``(v) Assessable institution defined.--For purposes of this subparagraph, the term `assessable institution' means-- ``(I) any depository institution (as defined in section 3 of the Federal Deposit Insurance Act) which, at any time on or after January 1, 1993, has been a Savings Association Insurance Fund member (as defined in section 7(l)(5) of the Federal Deposit Insurance Act) and, at the same time, has been a member of any Federal home loan bank; and ``(II) any depository institution (as defined in section 3 of the Federal Deposit Insurance Act) which acquires (as defined in section 13(f)(8)(B) of such Act), or which results from the merger or consolidation of any depository institution with, any depository institution described in subclause (I).''. (c) Technical and Conforming Amendments.--(1) Section 21B(f)(2) of the Federal Home Loan Bank Act (12 U.S.C. 1441b(f)(2)) is amended-- (A) in subparagraph (E) (as so redesignated by subsection (b)(1) of this section), by striking ``(B), and (C)'' and inserting ``(B), (C), and (D)''; and (B) in subparagraph (F)(i) (as so redesignated by subsection (b)(1) of this section), by striking ``(C), and (D)'' and inserting ``(C), (D), and (E)''. (2) Section 6(b)(3) of the Federal Home Loan Bank Act (12 U.S.C. 1426(b)(3)) is amended by striking ``Except as provided in Subsection (i)'' and inserting ``Except as provided in subsection (e)''. (3) Section 6(b)(4) of the Federal Home Loan Bank Act (12 U.S.C. 1426(b)(4)) is deleted and section 6(b)(5) is redesignated as Section 6(b)(4). SEC. 4. STUDY OF FEASIBILITY OF CREATING A CLASS OF AFFILIATE MEMBERSHIP OF THE FEDERAL HOME LOAN BANKS FOR MORTGAGE BANKERS AND STATE HOUSING AUTHORITIES; REPORT TO THE CONGRESS. (a) Study.--The Federal Housing Finance Board shall study the feasibility of creating a class of affiliate members of the Federal home loan banks for institutions that make long-term home mortgage loans, and the desirability of applying requirements to such members that differ from the requirements currently applicable to the members of the Federal home loan banks in the areas of-- (1) the ability to obtain loans from the Federal home loan banks, (2) the rate of interest to be charged on such loans, (3) the collateral required for such loans, (4) restrictions on use of such loans, and (5) the stock of the Federal home loan banks required to be purchased. (b) Report.--Not later than December 31, 1993, the Federal Housing Finance Board shall submit to the Congress a report that contains the findings of the study required by subsection (a). SEC. 5. EFFECTIVE DATE. The amendments made by sections 2 and 3 shall take effect at the end of the 6-month period beginning on the date of the enactment of this Act.

Federal Home Loan Bank Modernization Act of 1993 - Amends the Federal Home Loan Bank Act to permit the withdrawal of any member from membership in a Federal Home Loan Bank. (Currently Federal savings and loan associations are precluded from doing so.) Replaces the minimum share subscription formula for Federal Home Loan Bank membership with a requirement based upon a subscriber's total assets (currently, aggregate unpaid loan principal). Repeals: (1) the 30 percent lending cap limitation on advances to members that are non-qualified thrift lenders; (2) the proscription against the acquisition of new advances from a Federal Home Loan Bank by a savings association lacking qualified thrift lender status; and (3) the minimum residential mortgage loan requirement for qualified thrift lender membership in the Federal Home Loan Bank system. Reduces from ten years to five years the waiting period before which a withdrawn member may resume membership. Modifies the formula for annual contributions by Federal Home Loan Banks to capitalize the Resolution Funding Corporation. Authorizes the Federal Home Loan Bank Board to impose assessments to make up for any deficiency resulting from such modification. Directs the Federal Housing Finance Board to study and report to the Congress on: (1) the feasibility of creating a class of affiliate members of the Federal Home Loan Banks for institutions that make long term home mortgage loans; and (2) the desirability of applying requirements to such members that differ from those currently applicable in specified areas to Federal Home Loan Bank members.

Federal Home Loan Bank Modernization Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Removing Barriers to Allergy Diagnostic Testing Act of 2018''. SEC. 2. FINDINGS. Congress finds the following: (1) Allergies, when not properly diagnosed, cannot be effectively treated. (2) Allergies to food, inhaled particles, or other sources can cause debilitating and, in some cases, fatal reactions. (3) Allergies can substantially compound other illnesses, including asthma, emphysema, and adult obstructive pulmonary diseases, leading to social and economic costs for families and our Nation's health care system. (4) According to clinical guidelines from the National Institutes of Health and recommendations from peer-reviewed literature, in vitro specific IgE tests and percutaneous tests are considered equivalent as confirmatory tests in terms of their sensitivity and accuracy. (5) Despite these recommendations, some current Medicare local coverage determinations and Medicaid coverage policies deny equal access to in vitro specific IgE tests and percutaneous tests. (6) In vitro specific IgE tests and percutaneous tests must be equally accessible for clinicians and patients to improve health outcomes, reduce system costs, and reduce current health care disparities caused by the lack of equal coverage. SEC. 3. MEDICAID COVERAGE FOR ALLERGY DIAGNOSTIC TESTING SERVICES. (a) In General.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended-- (1) in section 1902(a)-- (A) in paragraph (82), by striking ``and'' at the end; (B) in paragraph (83), by striking the period at the end and inserting ``; and''; and (C) by inserting before the matter following paragraph (83) the following new paragraph: ``(84) provide, with respect to the provision of allergy diagnostic testing services (as defined in section 1905(ee)) under the State plan, for equality in the treatment of in vitro specific IgE tests and percutaneous tests with respect to-- ``(A) any medical necessity or other coverage requirements established for such in vitro specific IgE and percutaneous tests; ``(B) any frequency limits established for such tests; and ``(C) any allergen unit limits established for such tests.''; and (2) in section 1905-- (A) in subsection (r)-- (i) by redesignating paragraph (5) as paragraph (6); and (ii) by inserting after paragraph (4) the following new paragraph: ``(5) Allergy diagnostic testing services (as defined in subsection (ee)).''; and (B) by adding at the end the following new subsection: ``(ee) Allergy Diagnostic Testing Services Defined.--The term `allergy diagnostic testing services' means in vitro specific IgE tests and percutaneous tests that-- ``(1) have been cleared under section 501(k), classified under section 513(f)(2), or approved under section 515 of the Federal Food, Drug, and Cosmetic Act; and ``(2) are provided to individuals for the purpose of evaluating immunologic response to certain antigens.''. (b) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply with respect to items and services provided on or after January 1, 2019. (2) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an 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 the session shall be considered to be a separate regular session of the State legislature. SEC. 4. MEDICARE COVERAGE FOR ALLERGY DIAGNOSTIC TESTING SERVICES. (a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) in subparagraph (FF), by striking ``and'' at the end; (B) in subparagraph (GG), by striking the semicolon at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(HH) allergy diagnostic testing services (as defined in subsection (jjj));''; and (2) by adding at the end the following new subsection: ``(jjj) Allergy Diagnostic Testing Services.-- ``(1) In general.--The term `allergy diagnostic testing services' means in vitro specific IgE tests and percutaneous tests-- ``(A) that have been cleared under section 501(k), classified under section 513(f)(2), or approved under section 515 of the Federal Food, Drug, and Cosmetic Act; and ``(B) which are furnished to individuals for the purpose of evaluating immunologic response to certain antigens, as determined appropriate by the practitioner ordering such test. ``(2) Equal access to testing methods.--The Secretary shall ensure equality in the treatment of in vitro specific IgE tests and percutaneous tests described in paragraph (1) with respect to-- ``(A) any medical necessity or other coverage requirements established for such in vitro specific IgE and percutaneous tests; ``(B) any frequency limits established for such tests; and ``(C) any allergen unit limits established for a year for such tests.''. (b) Payment.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(v) Allergy Diagnostic Testing Services.--For purposes of payment only, in the case of allergy diagnostic testing services (as defined in section 1861(jjj))-- ``(1) in vitro specific IgE tests shall be treated as clinical diagnostic laboratory tests; and ``(2) percutaneous tests shall be treated as physicians' services.''. (c) Effective Date.--The amendments made by this section shall apply with respect to items and services furnished on or after January 1, 2019.

Removing Barriers to Allergy Diagnostic Testing Act of 2018 This bill provides for equal coverage of specified types of allergy diagnostic testing services under both Medicaid and Medicare.

Removing Barriers to Allergy Diagnostic Testing Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Office Worker Protection Act of 2000''. SEC. 2. APPLICATION OF OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 TO HOME OFFICE EMPLOYMENT. (a) Regulations Required.--The Secretary of Labor shall issue regulations specifying the application of the Occupational Safety and Health Act of 1970 to workplaces located in the residence of an employee who is engaged in-- (1) home office employment; or (2) types of employment other than home office employment. (b) Content.--The regulations required by subsection (a) shall include-- (1) a description of the types of employment conducted in the residence of the employee encompassed by the term ``other than home office employment'' such as-- (A) the manufacture, assembly (including disassembly), or processing of goods for commerce; or (B) employment which requires an employee to be regularly exposed to a toxic or hazardous substance in excess of an exposure limitation specified in regulations of the Secretary of Labor published at subpart Z of part 1910 of title 29, Code of Federal Regulations; (2) a prohibition on conducting an inspection of a worksite located in the residence of an employee engaged in home office employment; and (3) the action to be taken when a complaint or referral is received by the Occupational Safety and Health Administration which indicates that a violation of a safety or health standard exists which threatens physical harm or exposes an employee to an imminent danger at a worksite located in the residence of an employee who is engaged in types of employment other than home office employment. (c) Maximizing Public Participation in the Formulation of Implementing Regulations.-- (1) Notice and comment rulemaking.--The Secretary of Labor shall implement the regulations required by subsection (a) by means of a rule promulgated pursuant to section 553 of title 5, United States Code. (2) Fostering maximum public participation.--In addition to such other means as the Secretary deems appropriate, the Secretary shall seek to maximize public participation by-- (A) utilizing an advance notice of proposed rule making; (B) announcing the publication of the advance notice of proposed rulemaking and the proposed rule through additional means, especially electronic means, designed to reach affected workers and the firms that employ them; (C) making the text of the advance notice of proposed rulemaking and of the proposed rule available through electronic means; and (D) providing not less than 60 days for public comment on the proposed rule. (d) Required Regulatory Schedule.-- (1) Time for issuance of advance notice of proposed rulemaking.--The Secretary shall issue an advance notice of proposed rulemaking pertaining to the formulation of regulations under subsection (a) within 30 days of the date of enactment of this Act. (2) Issuance of final regulation.--The Secretary shall issue the final regulations within 510 days of the date of enactment of this Act, specifying an effective date that is 30 days after the date of publication of such final regulation. SEC. 3. AMENDMENT TO OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970. (a) Application to Home Office Employment.--Section 4(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)) is amended by adding at the end the following: ``(5)(A) Except as provided in subparagraphs (B), (C) and (D), nothing in this Act shall apply to home office employment performed in a workplace located in the residence of the employee engaged in such employment. ``(B) Pursuant to section 8 and its implementing regulations, employers shall report work-related injuries and illnesses sustained by an employee engaged in home office employment. ``(C) Pursuant to sections 9 and 10, the Secretary may impose sanctions for a failure of an employer to report a work-related injury or illness sustained by an employee engaged in home office employment, subject to review of such sanctions pursuant to sections 11 and 12. ``(D) Pursuant to section 21(c), the Secretary may make available information and standards to employees and employers in the recognition, avoidance, and prevention of unsafe or unhealthful working conditions appropriate for home office employment.''. (b) Definition.--Section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652) is amended by adding at the end the following: ``(15) The term home office employment means providing professional, technical, clerical, or similar types of services utilizing information technology and other types of equipment used in an office work setting located in the residence of an employee.''. (c) Implementing Regulations Promulgated Through Notice and Comment Rulemaking.--The Secretary of Labor shall implement subsections (a) and (b) and the amendments made by such sections by means of a rule promulgated pursuant to section 553 of title 5, United States Code. (d) Content of the Regulations.--In addition to such matters as the Secretary may deem appropriate, the regulations required by subsection (c) shall specify the extent of the application of the Occupational Safety and Health Act of 1970 to workplaces located in the residence of an employee if the employee is engaged in-- (1) home office employment; or (2) types of employment other than home office employment. (e) Maximizing Public Participation in the Formulation of Required Regulations.--In addition to such other means as the Secretary deems appropriate, the Secretary shall, in promulgation of the regulations under subsection (c) of this Section, maximize public participation by -- (1) utilizing an advance notice of proposed rulemaking; (2) announcing the publication of the advance notice of proposed rulemaking and the proposed rule through additional means, especially electronic means, designed to reach affected workers and the firms that employ them; (3) making the text of the advance notice or proposed rulemaking and of the proposed rule available through electronic means; and (4) providing not less than 60 days for public comment on the proposed rule. (f) Effective Dates.--If final regulations are not issued under section 2(d)(2), the amendment to the Act made by subsection (a) and the requirement to issue regulations pursuant to subsection (b) shall become effective on the date on which such final regulations were required to be issued. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act is intended to affect the continued effectiveness of the instruction issued by the Assistant Secretary of Labor for Occupational Safety and Health, identified as Occupational Safety and Health Administration Instruction Number CPL2-0.125, entitled ``Home-based Worksites'', and effective February 25, 2000, until such time as regulations are issued under section 2(a) or 3(b). SEC. 5. DEFINITION. For purposes of section 2 of this Act, the term ``home office employment'' means providing professional, technical, clerical, or similar services utilizing information technology and other type of equipment used in an office work setting located in the residence of an employee.

Requires such regulations to: (1) describe the types of non-home-office employee residence work (such as manufacture, assembly, disassembly, or processing of goods for commerce, or employment requiring regular exposure to a toxic or hazardous substance in excess of an exposure limitation in specified regulations); (2) prohibit inspections of home office worksites; and (3) specify the action to be taken when a complaint or referral is received by the Occupational Safety and Health Administration which indicates that a violation of a safety or health standard exists which threatens physical harm or exposes an employee to an imminent danger at an employee residence worksite other than a home office. Directs the Secretary to seek to maximize public participation in the formulation of such regulations by: (1) using an advance notice of proposed rule making; (2) announcing the publication of the advance notice of proposed rulemaking and the proposed rule through additional means, especially electronic means, designed to reach affected workers and the firms that employ them; (3) making the text of the advance notice of proposed rulemaking and of the proposed rule available through electronic means; and (4) providing at least 60 days for public comment on the proposed rule. Sets forth regulatory schedule requirements. Amends OSHA to make it inapplicable to home office employment, with the following exceptions which relate to specified OSHA provisions. Requires employers to report work-related injuries and illnesses sustained by an employee engaged in home office employment. Authorizes the Secretary to: (1) impose sanctions for a failure of an employer to report a work-related injury or illness sustained by an employee engaged in home office employment, subject to review of such sanctions; and (2) make available information and standards to employees and employers in the recognition, avoidance, and prevention of unsafe or unhealthful working conditions appropriate for home office employment.

Home Office Worker Protection Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Colorado Wilderness Study Area Release Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.-- (1) Congress finds that for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public lands in the North Sand Hills Instant Study Area in Jackson County, Colorado, have been adequately studied for wilderness designation; and (A) the Bureau of Land Management in 1980 found the North Sand Hills Instant Study Area did not meet wilderness criteria; and (B) in 2011, the Bureau of Land Management Colorado Northwest Resource Advisory Council Resolution 2011-01 supported the release of the North Sand Hills Instant Study Area from further consideration of wilderness designation. (2) Congress finds that for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public lands, as defined by section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)), in the Dominguez Canyon Wilderness Study Area in Mesa and Delta Counties, Colorado, and the public lands, as defined by section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)), in the Black Ridge Canyons Wilderness Study Area in Mesa County, Colorado, have been adequately studied for wilderness designation and the remaining Wilderness Study Area acreage in the Dominguez Canyon Wilderness Study Area and the Black Ridge Canyons Wilderness Study Area was excluded from their respective wilderness designations. (b) Purpose.--The purpose of this Act is to release certain Wilderness Study Areas from further consideration of wilderness designation, and to direct the Secretary of the Interior to manage those areas according to applicable land use plans. SEC. 3. RELEASE OF WILDERNESS STUDY AREAS. (a) North Sand Hills Instant Study Area.--Any public land in the North Sand Hills Instant Study Area-- (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (2) shall be managed according to the applicable land use plan adopted under section 202 of that Act (43 U.S.C. 1712). (b) Dominguez Canyon Wilderness Study Area.--Any portion of the Dominguez Canyon Wilderness Study Area within the Dominguez-Escalante National Conservation Area, as designated by Public Law 111-11, and not designated as wilderness by that Act, or any subsequent Act-- (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); (2) shall be included in the non-wilderness component of the Dominguez-Escalante National Conservation Area; and (3) shall be managed according to the applicable National Conservation Area land use plan adopted under section 202 of that Act (43 U.S.C. 1712). (c) Black Ridge Canyons Wilderness Study Area.--Any portion of the Black Ridge Canyons Wilderness Study Area within the McInnis Canyons National Conservation Area, as designated by Public Law 106-353, and not designated as wilderness by that Act, or any subsequent Act-- (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); (2) shall be included in the non-wilderness component of the McInnis Canyons National Conservation Area; and (3) shall be managed according to the applicable National Conservation Area land use plan adopted under section 202 of that Act (43 U.S.C. 1712). SEC. 4. BOUNDARIES ALONG COLORADO RIVER. Section 6(l)(5) of Public Law 106-353 (16 U.S.C. 460mmm-4(l)(5)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) In areas in which the Colorado River is used as a reference for defining the boundary of the Conservation Area, the boundary shall-- ``(i) be located at the edge of the river; and ``(ii) change according to the river level.''; and (2) by inserting after subparagraph (A), the following (and redesignating the subsequent subparagraphs accordingly): ``(B) Regardless of the level of the Colorado River, no portion of the Colorado River shall be included in the Conservation Area.''. SEC. 5. AUTHORIZATION FOR CERTAIN LAND EXCHANGES. Section 2405 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460zzz-4) is amended by adding at the end of subsection (d) the following: ``(3) Certain conservation area exchanges.-- ``(A) In general.--In order to protect and consolidate Federal land within the boundary of the Conservation Area and to resolve inadvertent trespasses, and subject to subparagraph (B), the Secretary may enter into an agreement with any owner of private land within the boundaries of the Conservation Area to exchange any private land for Federal land in the Conservation Area, if the Secretary determines that the exchange would enhance the values for which the Conservation Area is established. ``(B) Conditions.--An exchange of land under subparagraph (A) shall-- ``(i) be carried out consistent with any applicable laws (including regulations, including laws relating to appraisals and equal value exchanges); and ``(ii) be subject to-- ``(I) valid existing rights; and ``(II) any terms and conditions that the Secretary may require.''.

Western Colorado Wilderness Study Area Release Act This bill releases the following areas in Colorado from further review for designation as wilderness: (1) any public lands in the North Sand Hills Instant Study Area, (2) any portions of the Dominguez Canyon Wilderness Study Area within the Dominguez-Escalante National Conservation Area not designated as wilderness, and (3) any portions of the Black Ridge Canyons Wilderness Study Area within the McInnis Canyons National Conservation Area not designated as wilderness. The bill states that in areas in which the Colorado River is used as a reference for defining the boundary of McInnis Canyons National Conservation Area, the boundary shall: (1) be located at the edge of the river, and (2) change according to the river's level. The bill prohibits the inclusion of any portion of the Colorado River, regardless of its level, within the conservation area. The Omnibus Public Land Management Act of 2009 is amended to authorize the Department of the Interior to enter into land exchanges within the conservation area which would enhance the values for which it was established.

Western Colorado Wilderness Study Area Release Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Continuing Care for Recovering Families Act''. SEC. 2. EXTENSION OF COBRA COVERAGE PERIOD FOR CERTAIN INDIVIDUALS. (a) ERISA Amendment.--Section 605 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1165) is amended by adding at the end the following: ``(c) Temporary Extension of COBRA Election and Coverage Period for Victims of Terrorist Attacks.-- ``(1) In general.--In the case of an eligible individual and notwithstanding subsection (a), such individual may elect continuation coverage under this part during the 120-day period that begins on the later of-- ``(A) the date of enactment of the Continuing Care for Recovering Families Act; or ``(B) the date on which the individual experiences the terrorism-related loss of coverage. ``(2) Commencement of coverage; no reach-back.--Any continuation coverage elected by an eligible individual under paragraph (1) shall commence at the beginning of the 120-day election period described in such paragraph and shall not include any period prior to such 120-day election period. In no event shall the maximum period required under section 602(2)(A) be less than the period during which the individual is an eligible individual. ``(3) Preexisting conditions.--With respect to an individual who elects continuation coverage pursuant to paragraph (1), the period-- ``(A) beginning on the date of the terrorism- related loss of coverage, and ``(B) ending on the first day of the 120-day election period described in paragraph (1), shall be disregarded for purposes of determining the 63-day periods referred to in section 701(c)(2), section 2701(c)(2) of the Public Health Service Act, and section 9801(c)(2) of the Internal Revenue Code of 1986. ``(4) Definitions.--For purposes of this subsection: ``(A) Eligible individual.--The term `eligible individual' means an individual who-- ``(i)(I) is the child of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001; or ``(II) was the spouse of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001, on September 11, 2001; ``(ii) has experienced a terrorism-related loss of coverage; and ``(iii) is not otherwise covered under a health benefits plan or entitled to benefits, or enrolled, under part A of title XVIII of the Social Security Act or enrolled under part B of such title. ``(B) Terrorism-related loss of coverage.--The term `terrorism-related loss of coverage' means, with respect to an eligible individual, the loss of health benefits coverage associated with the death, injury, or loss of employment of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001.''. (b) PHSA Amendment.--Section 2205 of the Public Health Service Act (42 U.S.C. 300bb-5) is amended by adding at the end the following: ``(c) Temporary Extension of COBRA Election and Coverage Period for Victims of Terrorist Attacks.-- ``(1) In general.--In the case of an eligible individual and notwithstanding subsection (a), such individual may elect continuation coverage under this title during the 120-day period that begins on the later of-- ``(A) the date of enactment of the Continuing Care for Recovering Families Act; or ``(B) the date on which the individual experiences the terrorism-related loss of coverage. ``(2) Commencement of coverage; no reach-back.--Any continuation coverage elected by an eligible individual under paragraph (1) shall commence at the beginning of the 120-day election period described in such paragraph and shall not include any period prior to such 120-day election period. In no event shall the maximum period required under section 2202(2)(A) be less than the period during which the individual is an eligible individual. ``(3) Preexisting conditions.--With respect to an individual who elects continuation coverage pursuant to paragraph (1), the period-- ``(A) beginning on the date of the terrorism- related loss of coverage, and ``(B) ending on the first day of the 120-day election period described in paragraph (1), shall be disregarded for purposes of determining the 63-day periods referred to in section 2701(c)(2), section 701(c)(2) of the Employee Retirement Income Security Act of 1974, and section 9801(c)(2) of the Internal Revenue Code of 1986. ``(4) Definitions.--For purposes of this subsection: ``(A) Eligible individual.--The term `eligible individual' means an individual who-- ``(i)(I) is the child of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001; or ``(II) was the spouse of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001, on September 11, 2001; ``(ii) has experienced a terrorism-related loss of coverage; and ``(iii) is not otherwise covered under a health benefits plan or entitled to benefits, or enrolled, under part A of title XVIII of the Social Security Act or enrolled under part B of such title. ``(B) Terrorism-related loss of coverage.--The term `terrorism-related loss of coverage' means, with respect to an eligible individual, the loss of health benefits coverage associated with the death, injury, or loss of employment of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001.''. (c) IRC Amendments.--Paragraph (5) of section 4980B(f) of the Internal Revenue Code of 1986 (relating to election) is amended by adding at the end the following: ``(D) Temporary extension of cobra election and coverage period for victims of terrorist attacks.-- ``(i) In general.--In the case of an eligible individual and notwithstanding paragraph (1), such individual may elect continuation coverage under this title during the 120-day period that begins on the later of-- ``(I) the date of enactment of the Continuing Care for Recovering Families Act; or ``(II) the date on which the individual experiences the terrorism- related loss of coverage. ``(ii) Commencement of coverage; no reach- back.--Any continuation coverage elected by an eligible individual under clause (i) shall commence at the beginning of the 120-day election period described in such clause and shall not include any period prior to such 120- day election period. In no event shall the maximum period required under paragraph (2)(B)(i) be less than the period during which the individual is an eligible individual. ``(iii) Preexisting conditions.--With respect to an individual who elects continuation coverage pursuant to clause (i), the period-- ``(I) beginning on the date of the terrorism-related loss of coverage, and ``(II) ending on the first day of the 120-day election period described in clause (i), shall be disregarded for purposes of determining the 63-day periods referred to in section 9801(c)(2), section 701(c)(2) of the Employee Retirement Income Security Act of 1974, and section 2701(c)(2) of the Public Health Service Act. ``(iv) Definitions.--For purposes of this subparagraph: ``(I) Eligible individual.--The term `eligible individual' means an individual who-- ``(aa)(AA) is the child of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001; or ``(BB) was the spouse of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001, on September 11, 2001; ``(bb) has experienced a terrorism-related loss of coverage; and ``(cc) is not otherwise covered under a health benefits plan or entitled to benefits, or enrolled, under part A of title XVIII of the Social Security Act or enrolled under part B of such title. ``(II) Terrorism-related loss of coverage.--The term `terrorism-related loss of coverage' means, with respect to an eligible individual, the loss of health benefits coverage associated with the death, injury, or loss of employment of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001.''.

Continuing Care for Recovering Families Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to allow an eligible individual to elect continuation coverage for group health benefits as provided for in the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) during the 120-day period that begins on the later of the date of enactment of this Act or the date on which the individual experiences a terrorism-related loss of coverage. Provides that: (1) the maximum period required for such coverage shall not be less than the period during which the individual is an eligible individual; and (2) the period between the loss of coverage and the first day of the election period shall be disregarded for purposes of determining the waiting period for coverage of preexisting conditions. Defines an "eligible individual" as an individual who: (1) is a child or spouse of an individual who suffered physical harm or death as a result of the September 11, 2001, terrorist attacks; (2) that has experienced a terrorism-related loss of health benefits coverage associated with the death, injury, or loss of employment of such an individual; and (3) is not otherwise covered under a health benefits plan or entitled to Medicare benefits.

A bill to extend the period for COBRA coverage for victims of the terrorist attacks of September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Executive Service Diversity Assurance Act''. SEC. 2. FINDINGS. Congress finds that-- (1) according to the Government Accountability Office-- (A) minorities made up 22.5 percent of the individuals serving at the GS-15 and GS-14 levels and 15.8 percent of the Senior Executive Service in 2007; (B) women made up 34.3 percent of the individuals serving at the GS-15 and GS-14 levels and 29.1 percent of the Senior Executive Service in 2007; and (C) although the number of career Senior Executive Service members increased from 6,110 in 2,000 to 6,555 in 2007, the representation of African-American men in the career Senior Executive Service declined during that same period from 5.5 percent to 5.0 percent; and (2) according to the Office of Personnel Management-- (A) black employees represented 6.1 percent of employees at the Senior Pay levels and 17.8 percent of the permanent Federal workforce compared to 10.1 percent in the civilian labor force in 2007; (B) Hispanic employees represented 4.0 percent of employees at the Senior Pay levels and 7.8 percent of the permanent Federal workforce compared to 13.3 percent of the civilian labor force in 2007; and (C) women represented 28.2 percent of employees at the Senior Pay levels and 43.9 percent of the permanent Federal workforce compared to 45.7 percent of the civilian labor force in 2007. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Director'' means the Director of the Office of Personnel Management; (2) the term ``Senior Executive Service'' has the meaning given such term by section 2101a of title 5, United States Code; (3) the terms ``agency'', ``career appointee'', and ``career reserved position'' have the meanings given them by section 3132 of title 5, United States Code; and (4) the term ``SES Resource Office'' means the Senior Executive Service Resource Office, established under section 4. SEC. 4. SENIOR EXECUTIVE SERVICE RESOURCE OFFICE. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Director shall establish within the Office of Personnel Management an office to be known as the Senior Executive Service Resource Office. The mission of the SES Resource Office shall be-- (1) to improve the efficiency, effectiveness, and productivity of the Senior Executive Service through policy formulation and oversight; (2) to advance the professionalism of the Senior Executive Service; and (3) to ensure that, in seeking to achieve a Senior Executive Service reflective of the Nation's diversity, recruitment is from qualified individuals from appropriate sources. (b) Functions.--It shall be the function of the SES Resource Office to make recommendations to the Director with respect to regulations, and to provide guidance to agencies, concerning the structure, management, and diverse composition of the Senior Executive Service. In order to carry out the purposes of this section, the SES Resource Office shall-- (1) take such actions as the SES Resource Office considers necessary to manage and promote an efficient, elite, and diverse corps of senior executives by-- (A) creating policies for the management and improvement of the Senior Executive Service; (B) providing oversight of the performance, structure, and composition of the Senior Executive Service; and (C) providing guidance and oversight to agencies in the management of senior executives and candidates for the Senior Executive Service; (2) be responsible for the policy development, management, and oversight of the Senior Executive Service pay system; (3) develop standards for certification of each agency's Senior Executive Service performance management system and evaluate all agency applications for certification; (4) be responsible for developing and monitoring programs for the advancement and training of senior executives, including the Senior Executive Service Federal Candidate Development Program; (5) provide oversight of, and guidance to, agency executive resources boards; (6) be responsible for the administration of the qualifications review board; (7) establish and maintain annual statistics (in a form that renders them useful to appointing authorities and candidates) on-- (A) the total number of career reserved positions at each agency; (B) the total number of vacant career reserved positions at each agency; (C) of the positions under subparagraph (B), the number for which candidates are being sought; (D) the number of individuals who have been certified in accordance with section 3393(c) of title 5, United States Code, and the composition of that group of individuals with regard to race, ethnicity, sex, age, and individuals with disabilities; (E) the composition of the Senior Executive Service with regard to race, ethnicity, sex, age, and individuals with disabilities; (F) the composition of executive resources boards with regard to race, ethnicity, sex, and individuals with disabilities; and (G) the composition of qualifications review boards with regard to race, ethnicity, sex, and individuals with disabilities; (8) make available to the public through the official public internet site of the Office of Personnel Management, the data collected under paragraph (7); (9) establish mentoring programs for potential candidates for the Senior Executive Service, including candidates who have been certified as having the executive qualifications necessary for initial appointment as a career appointee under a program established pursuant to section 3396(a) of title 5, United States Code; (10) conduct a continuing program for the recruitment of women, members of racial and ethnic minority groups, and individuals with disabilities for Senior Executive Service positions, with special efforts directed at recruiting from educational institutions, professional associations, and other sources; (11) advise agencies on the best practices for an agency in utilizing or consulting with an agency's equal employment or diversity office or official (if the agency has such an office or official) with regard to the agency's Senior Executive Service appointments process; and (12) evaluate and implement strategies to ensure that agencies conduct appropriate outreach to other agencies to identify candidates for Senior Executive Service positions. (c) Protection of Individually Identifiable Information.--For purposes of subsection (b)(8), the SES Resource Office may combine data for any agency that is not named in section 901(b) of chapter 31, United States Code, to protect individually identifiable information. (d) Cooperation of Agencies.--The head of each agency shall provide the Office of Personnel Management with such information as the SES Resource Office may require in order to carry out subsection (b)(7). SEC. 5. CAREER APPOINTMENTS. (a) Promoting Diversity in the Career Appointments Process.-- Section 3393 of title 5, United States Code, is amended-- (1) in subsection (b), by inserting after the first sentence the following: ``In establishing an executive resources board, the head of the agency shall, to the extent practicable, ensure diversity of the board and of any subgroup thereof or other evaluation panel related to the merit staffing process for career appointees, by including members of racial and ethnic minority groups, women, and individuals with disabilities.''; and (2) in subsection (c)(1), by adding after the last sentence the following: ``Consideration should also be given to improving diversity by including members of racial and ethnic minority groups, women, and individuals with disabilities on qualifications review boards.''. (b) Regulations.--Within 1 year after the date of the enactment of this Act, the Director shall promulgate regulations to implement subsection (a) and to improve diversity in executive resources boards and qualifications review boards. (c) Report.--Within 1 year after the date of the enactment of this Act, the Director shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report evaluating agency efforts to improve diversity in executive resources boards and of the members designated by agencies to serve on qualifications review boards, based on the information collected by the SES Resource Office under subparagraphs (F) and (G) of section 4(b)(7). SEC. 6. ENCOURAGING A MORE DIVERSE SENIOR EXECUTIVE SERVICE. (a) Senior Executive Service Diversity Plans.--Within 1 year after the date of the enactment of this Act, each agency, in consultation with the Office of Personnel Management, shall submit to the Office of Personnel Management a plan to enhance and maximize opportunities for the advancement and appointment of minorities, women, and individuals with disabilities in the agency to the Senior Executive Service. Agency plans shall address how the agency is identifying and eliminating barriers that impair the ability of minorities, women, and individuals with disabilities to obtain appointments to the Senior Executive Service and any actions the agency is taking to provide advancement opportunities, including-- (1) conducting outreach to minorities, women, and individuals within the agency and outside the agency; (2) establishing and maintaining training and education programs to foster leadership development; (3) identifying career enhancing opportunities for agency employees; (4) assessing internal availability of candidates for Senior Executive Service positions; and (5) conducting an inventory of employee skills and addressing current and potential gaps in skills and the distribution of skills. Agency plans shall be updated at least every 2 years during the 10 years following enactment of this Act. An agency plan shall be reviewed by the Office of Personnel Management and, if determined to provide sufficient assurances, procedures, and commitments to provide adequate opportunities for the advancement and appointment of minorities, women, and individuals with disabilities to the Senior Executive Service, shall be approved by such Office. An agency may, in updating its plan, submit to the Office of Personnel Management an assessment of the impacts of the plan. (b) Summary and Evaluation.--Within 180 days after the deadline for the submission of any report or update under subsection (a), the Director shall transmit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report summarizing and evaluating the agency plans or updates (as the case may be) so submitted. (c) Coordination.--The Office of Personnel Management shall, in carrying out subsection (a), evaluate existing requirements under section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) and section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and determine how agency reporting can be performed so as to be consistent with, but not duplicative of, such sections and any other similar requirements. Passed the House of Representatives June 3, 2008. Attest: LORRAINE C. MILLER, Clerk.

Senior Executive Service Diversity Assurance Act - Requires the Director of the Office of Personnel Management (OPM) to establish within OPM the Senior Executive Service Resource Office to make recommendations to the Director with respect to regulations, and to provide guidance to agencies, concerning the structure, management, and diverse composition of the Senior Executive Service (SES). Makes it the Office's mission to: (1) improve the efficiency, effectiveness, and productivity of the SES through policy formulation and oversight; (2) advance the professionalism of the SES; and (3) ensure that, in seeking to achieve an SES reflective of the nation's diversity, recruitment is from qualified individuals from appropriate sources. Requires the Office to make statistics concerning career reserved positions accessible to the public through the official public website of OPM. Revises the career appointments recruiting process to require agency heads to ensure diversity of executive resources boards, and any subgroup or other evaluation panel related to the merit staffing process for career appointees, by including members of racial and ethnic minority groups, women, and individuals with disabilities. Requires the Director to promulgate necessary regulations and report to Congress on agency efforts to improve diversity in executive resources boards and of qualifications review boards, based on the collection of statistics concerning race, ethnicity, sex, and disability required by this Act. Requires each agency, within one year after enactment of this Act, to submit to OPM a plan to enhance and maximize opportunities for the advancement and appointment of minorities, women, and individuals with disabilities in the agency to the SES. Requires the plans to: (1) address how the agency is identifying and eliminating barriers that impair the ability of such employees to obtain appointments and any actions the agency is taking to provide advancement opportunities; and (2) be updated at least biennially. Requires the Director to report to Congress on plans and updates.

To provide for greater diversity within, and to improve policy direction and oversight of, the Senior Executive Service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Fraud Prevention Act of -1-9-9-3 1994''. SEC. 2. CRIMES BY OR AFFECTING PERSONS ENGAGED IN THE BUSINESS OF INSURANCE WHOSE ACTIVITIES AFFECT INTERSTATE COMMERCE. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end thereof the following new sections: ``Sec. 1033. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce ``(a)(1) Whoever is engaged in the business of insurance whose activities affect interstate commerce and knowingly, with the intent to deceive, makes any false material statement or report or willfully and materially overvalues any land, property or security-- ``(A) in connection with any financial reports or documents presented to any insurance regulatory official or agency or an agent or examiner appointed by such official or agency to examine the affairs of such person, and ``(B) for the purpose of influencing the actions of such official or agency or such an appointed agent or examiner, shall be punished as provided in paragraph (2). ``(2) The punishment for an offense under paragraph (1) is a fine as established under this title or imprisonment for not more than 10 years, or both, except that the term of imprisonment shall be not more than 15 years if the statement or report or overvaluing of land, property, or security jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court. ``(b)(1) Whoever-- ``(A) acting as, or being an officer, director, agent, or employee of, any person engaged in the business of insurance whose activities affect interstate commerce, or ``(B) is engaged in the business of insurance whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business, willfully embezzles, abstracts, purloins, or misappropriates any of the moneys, funds, premiums, credits, or other property of such person so engaged shall be punished as provided in paragraph (2). ``(2) The punishment for an offense under paragraph (1) is a fine as provided under this title or imprisonment for not more than 10 years, or both, except that if such embezzlement, abstraction, purloining, or misappropriation described in paragraph (1) jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court, such imprisonment shall be not more than 15 years. If the amount or value so embezzled, abstracted, purloined, or misappropriated does not exceed $5,000, whoever violates paragraph (1) shall be fined as provided in this title or imprisoned not more than one year, or both. ``(c)(1) Whoever is engaged in the business of insurance and whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business, knowingly makes any false entry of material fact in any book, report, or statement of such person engaged in the business of insurance with intent to deceive any person, including any officer, employee, or agent of such person engaged in the business of insurance, any insurance regulatory official or agency, or any agent or examiner appointed by such official or agency to examine the affairs of such person, about the financial condition or solvency of such business shall be punished as provided in paragraph (2). ``(2) The punishment for an offense under paragraph (1) is a fine as provided under this title or imprisonment for not more than 10 years, or both, except that if the false entry in any book, report, or statement of such person jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court, such imprisonment shall be not more than 15 years. ``(d) Whoever, by threats or force or by any threatening letter or communication, corruptly influences, obstructs, or impedes or endeavors corruptly to influence, obstruct, or impede the due and proper administration of the law under which any proceeding involving the business of insurance whose activities affect interstate commerce is pending before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of a person engaged in the business of insurance whose activities affect interstate commerce, shall be fined as provided in this title or imprisoned not more than 10 years, or both. ``(e)(1)(A) Any individual who has been convicted of any criminal felony involving dishonesty or a breach of trust, or who has been convicted of an offense under this section, and who willfully engages in the business of insurance whose activities affect interstate commerce or participates in such business, shall be fined as provided in this title or imprisoned not more than 5 years, or both. ``(B) Any individual who is engaged in the business of insurance whose activities affect interstate commerce and who willfully permits the participation described in subparagraph (A) shall be fined as provided in this title or imprisoned not more than 5 years, or both. ``(2) A person described in paragraph (1)(A) may engage in the business of insurance or participate in such business if such person has the written consent of any insurance regulatory official authorized to regulate the insurer, which consent specifically refers to this subsection. ``(f) As used in this section-- ``(1) the term `business of insurance' means-- ``(A) the writing of insurance, or ``(B) the reinsuring of risks, by an insurer, including all acts necessary or incidental to such writing or reinsuring and the activities of persons who act as, or are, officers, directors, agents, or employees of insurers or who are other persons authorized to act on behalf of such persons; ``(2) the term `insurer' means any entity the business activity of which is the writing of insurance or the reinsuring of risks, and includes any person who acts as, or is, an officer, director, agent, or employee of that business; ``(3) the term `interstate commerce' means-- ``(A) commerce within the District of Columbia, or any territory or possession of the United States; ``(B) all commerce between any point in the State, territory, possession, or the District of Columbia and any point outside thereof; ``(C) all commerce between points within the same State through any place outside such State; or ``(D) all other commerce over which the United States has jurisdiction; and ``(4) the term `State' includes any State, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. ``Sec. 1034. Civil penalties and injunctions for violations of section 1033 ``(a) The Attorney General may bring a civil action in the appropriate United States district court against any person who engages in conduct constituting an offense under section 1033 and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. If the offense has contributed to the decision of a court of appropriate jurisdiction to issue an order directing the conservation, rehabilitation, or liquidation of an insurer, such penalty shall be remitted to the appropriate regulatory official for the benefit of the policyholders, claimants, and creditors of such insurer. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. ``(b) If the Attorney General has reason to believe that a person is engaged in conduct constituting an offense under section 1033, the Attorney General may petition an appropriate United States district court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense. The filing of a petition under this section does not preclude any other remedy which is available by law to the United States or any other person.''. (b) Clerical Amendment.--The table of sections for chapter 47 of such title is amended by adding at the end the following new items: ``1033. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce. ``1034. Civil penalties and injunctions for violations of section 1033.''. SEC. 3. MISCELLANEOUS AMENDMENTS TO TITLE 18, UNITED STATES CODE. (a) Tampering With Insurance Regulatory Proceedings.--Section 1515(a)(1) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (B); (2) by inserting ``or'' at the end of subparagraph (C); and (3) by adding at the end thereof the following new subparagraph: ``(D) a proceeding involving the business of insurance whose activities affect interstate commerce before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of any person engaged in the business of insurance whose activities affect interstate commerce; or''. (b) Limitations.--Section 3293 of such title is amended by inserting ``1033,'' after ``1014,''. (c) Obstruction of Criminal Investigations.--Section 1510 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) Whoever-- ``(A) acting as, or being, an officer, director, agent or employee of a person engaged in the business of insurance whose activities affect interstate commerce, or ``(B) is engaged in the business of insurance whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business, with intent to obstruct a judicial proceeding, directly or indirectly notifies any other person about the existence or contents of a subpoena for records of that person engaged in such business or information that has been furnished to a Federal grand jury in response to that subpoena, shall be fined as provided by this title or imprisoned not more than 5 years, or both. ``(2) As used in paragraph (1), the term `subpoena for records' means a Federal grand jury subpoena for records that has been served relating to a violation of, or a conspiracy to violate, section 1033 of this title.''.

Insurance Fraud Prevention Act of 1994 - Amends the Federal criminal code to establish penalties to be imposed upon any person engaged in the business of insurance whose activities affect commerce and who: (1) knowingly, with intent to deceive, makes a materially false statement or report or willfully and materially overvalues land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) willfully embezzles or misappropriates funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly makes a false entry of material fact in any book, report, or statement of such person with intent to deceive any person about the financial condition or solvency of such business; and (4) by threats or force, corruptly influences, obstructs, or endeavors corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official appointed to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of this Act. Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud.

Insurance Fraud Prevention Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Hospitals Act of 2009''. SEC. 2. REQUIREMENT FOR PUBLIC REPORTING OF HEALTH CARE-ASSOCIATED INFECTIONS DATA BY HOSPITALS AND AMBULATORY SURGICAL CENTERS. (a) In General.--Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following section: ``SEC. 249. REQUIREMENT FOR PUBLIC REPORTING OF HEALTH CARE-ASSOCIATED INFECTIONS DATA BY HOSPITALS AND AMBULATORY SURGICAL CENTERS. ``(a) Reporting Requirement.--In accordance with Centers for Disease Control and Prevention reporting protocols of the National Healthcare Safety Network, a hospital or ambulatory surgical center shall report to the Centers for Disease Control and Prevention's National Healthcare Safety Network the data on each health care- associated infection occurring in the hospital or center and patient demographic information that may affect such data. ``(b) Public Posting of Data.--The Secretary shall promptly post, on the official public Internet site of the Department of Health and Human Services, the data reported under subsection (a). Such data shall be set forth in a manner that promotes the comparison of data on each health-care associated infection-- ``(1) among hospitals and ambulatory surgical centers; and ``(2) by patient demographic information. ``(c) Annual Report to Congress.--For each year for which data is reported under subsection (a) for any calendar quarter in the year, the Secretary shall submit to the Congress a report that summarizes each of the following: ``(1) The number and types of each health care-associated infection reported under subsection (a) in hospitals and ambulatory surgical centers during such year. ``(2) Factors that contribute to the occurrence of each such infections. ``(3) Based on the most recent information available to the Secretary on the composition of the professional staff of hospitals and ambulatory surgical centers, the number of certified infection control professionals on the staff of hospitals and ambulatory surgical centers. ``(4) The total increases or decreases in health care costs that resulted from increases or decreases in the rates of occurrence of each such infection during such year. ``(5) Recommendations for best practices to eliminate the rates of occurrence of each such infection in hospitals and ambulatory surgical centers. ``(d) Civil Money Penalty.--The Secretary may impose a civil money penalty of not more than $5,000 for each knowing violation of subsection (a) by a hospital or ambulatory surgical center. A civil money penalty under this subsection shall be imposed and collected in the same manner as a civil money penalty under subsection (a) of section 1128A of the Social Security Act is imposed and collected under that section. ``(e) Non-preemption of State Laws.--Nothing in this section shall be construed as preempting or otherwise affecting any provision of State law relating to the disclosure of information on health care- associated infections or patient safety procedures for a hospital or ambulatory surgical center. ``(f) Health Care-associated Infection.--For purposes of this section: ``(1) In general.--The term `health care-associated infection' means an infection that develops in a patient who is cared for in any setting where health care is delivered (such as an acute care hospital, chronic care facility, ambulatory clinic, dialysis center, surgical center, or home) and is related to receiving health care. In ambulatory and home settings, such term applies to any infection that is associated with a medical or surgical intervention. ``(2) Related to receiving health care.--The term `related to receiving health care', with respect to an infection, means that the infection was not incubating or present at the time the health care involved was provided. ``(g) Application to Critical Access Hospitals.--For purposes of this section, the term `hospital' includes a critical access hospital, as defined in section 1861(mm)(1) of the Social Security Act.''. (b) Effective Date.--With respect to section 249 of the Public Health Service Act (as added by subsection (a) of this section), the requirement under such section that hospitals and ambulatory surgical centers submit reports takes effect upon the expiration of the one-year period beginning on the date of the enactment of this Act. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that health care providers and facilities should take measures to reduce the rate of occurrence of health care-associated infections to zero, with respect to patients to whom such providers and facilities furnish services.

Healthy Hospitals Act of 2009 - Amends the Public Health Service Act to require a hospital or ambulatory surgical center (hospital), in accordance with Centers for Disease Control and Prevention (CDC) reporting protocols of the National Healthcare Safety Network, to report to the Network data on each health care-associated infection occurring in the hospital and patient demographic information that may affect such data. Requires the Secretary of Health and Human Services to promptly post data reported on the Department of Health and Human Services (HHS) public Internet site in a manner that promotes the comparison of data on each health care-associated infection: (1) among hospitals; and (2) by patient demographic information. Directs the Secretary, for each year for which such data is reported, to submit to Congress a report that summarizes: (1) the number and types of health care-associated infections reported in hospitals; (2) factors that contribute to the occurrence of such infections; (3) the number of certified infection control professionals on staff; (4) the total increases or decreases in health care costs that resulted from changes in infection rates; and (5) recommendations for best practices to eliminate such infections. Authorizes the Secretary to impose a civil penalty of up to $5,000 for each knowing violation of the reporting requirement by a hospital. Expresses the sense of Congress that health care providers and facilities should take measures to reduce the rate of occurrence of health care-associated infections to zero.

To require public reporting of health care-associated infections data by hospitals and ambulatory surgical centers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Financial Institution Reexamination and Review Commission Act of 1998''. SEC. 2. INTERNATIONAL FINANCIAL INSTITUTION REEXAMINATION AND REVIEW COMMISSION. (a) Establishment.--There is hereby established a commission to be known as the International Financial Institution Reexamination and Review Commission (in this Act referred to as the ``Commission''). (b) Membership.-- (1) In general.--The Commission shall be composed of twelve members, as follows: (A) 4 members appointed by the Speaker of the House of Representatives. (B) 4 members appointed by the Majority Leader of the Senate. (C) 2 members appointed by the Minority Leader of the House of Representatives. (D) 2 members appointed by the Minority Leader of the Senate. (2) Timing of appointments.--All appointments to the Commission shall be made not later than 45 days after the date of enactment of this Act. (c) Qualifications.-- (1) In general.--Members of the Commission shall be appointed from among those with knowledge and expertise in the workings of the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act), the World Trade Organization, and the Bank for International Settlements. (2) Affiliation.--At least 4 members of the Commission shall be individuals who were officers or employees of the Executive Branch before January 20, 1992, and not more than half of such 4 members shall have served under Presidents from the same political party. (d) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner as the original appointment was made. (e) Duties of the Commission.--The Commission shall advise and report to the Congress on the future role and responsibilities of the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act), the World Trade Organization, and the Bank for International Settlements. In carrying out such duties, the Commission shall examine-- (1) the effect of globalization, increased trade, capital flows, and other relevant factors on such institutions; (2) the adequacy, efficacy, and desirability of current policies and programs at such institutions as well as their suitability for respective beneficiaries of such institutions; (3) cooperation or duplication of functions and responsibilities of such institutions; and (4) other matters the Commission deems necessary to make recommendations pursuant to subsection (g). (f) Powers and Procedures of the Commission.-- (1) Hearings.--The Commission or, at its direction, any panel or member of the Commission may, for the purpose of carrying out the provisions of this section, hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission or any panel or member considers advisable. (2) Information.--The Commission may secure directly information that the Commission considers necessary to enable the Commission to carry out its responsibilities under this section. (3) Chairman.--The members appointed under subparagraphs (A) and (B) of subsection (b)(1) shall select the Chairman of the Commission. (4) Meetings.--The Commission shall meet at the call of the Chairman. (g) Report.--On the termination of the Commission, the Commission shall submit Secretary of the Treasury, the Committees on Banking, Housing, and Urban Affairs and on Appropriations of the Senate, and the Committees on Banking and Financial Services and on Appropriations of the House of Representatives a report that contains recommendations regarding the following matters: (1) Changes to policy goals set forth in the Bretton Woods Agreements Act and the International Financial Institutions Act. (2) Changes to the charters, organizational structures, policies and programs of the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act). (3) Additional monitoring tools, global standards, or regulations for, among other things, global capital flows, bankruptcy standards, accounting standards, payment systems, and safety and soundness principles for financial institutions. (4) Possible mergers or abolition of the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act), including changes to the manner in which such institutions coordinate their policy and program implementation and their roles and responsibilities. (5) Any additional changes necessary to stabilize currencies, promote continued trade liberalization and to avoid future financial crises. (h) Termination.--The Commission shall terminate 6 months after the first meeting of the Commission, which shall be not later than 30 days after the appointment of all members of the Commission. (i) Feasibility and Implementation Reports by the Executive Branch.-- (1) Within three months of receiving the report of the Commission under subsection (g), the President of the United States through the Secretary of the Treasury shall report to the committees specified in subsection (g) on the desirability and feasibility of implementing the recommendations contained in the report. (2) Annually, for three years after the termination of the Commission, the President of the United States through the Secretary of the Treasury shall submit to the committees specified in subsection (g) a report on the steps taken through relevant international institutions and international fora to implement such recommendations.

International Financial Institution Reexamination and Review Commission Act of 1998 - Establishes the International Financial Institution Reexamination and Review Commission to advise and report to the Congress on specified aspects of the future role and responsibilities of the international financial institutions of the World Trade Organization and the Bank for International Settlements. Directs the President to report to certain congressional committees on: (1) the desirability and feasibility of implementing the Commission's recommendations; and (2) the steps taken through international institutions and fora to implement such recommendations.

International Financial Institution Reexamination and Review Commission Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``GPCI Justice Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) From 1966 through 1991, the Medicare program paid physicians based on what they charged for services. The Omnibus Reconciliation Act of 1989 required the establishment of a national Medicare physician fee schedule, which was implemented in 1992, replacing the charge-based system. (2) The Medicare physician fee schedule currently includes more than 7,000 services together with their corresponding payment rates. In addition, each service on the fee schedule has three relative value units (RVUs) that correspond to the three physician payment components of physician work, practice expense, and malpractice expense. (3)(A) Each geographically adjusted RVU measures the relative costliness of providing a particular service in a particular location referred to as a locality. Physician payment localities are primarily consolidations of the carrier- defined localities that were established in 1966. (B) When physician payment localities were redesignated in 1997, Administrator of the Centers for Medicare & Medicaid Services acknowledged that the new payment locality configuration had not been established on a consistent geographic basis. Some were based on zip codes or Metropolitan Statistical Areas (MSAs) while others were based on political boundaries, such as cities, counties, or States. (C) The Medicare program has not revised the geographic boundaries of the physician payment localities since the 1997 revision. (4) Medicare's geographic adjustment for a particular physician payment locality is determined using three GPCIs (Geographic Practice Cost Indices) that also correspond to the three Medicare physician payment components of physician work, practice expense, and malpractice expense. (5) The major data source used in calculating the GPCIs is the decennial census which provides new data only once every 10 years. (6) This system of geographic payment designation has resulted in more than half of the current physician payment localities having counties within them with a large payment difference of 5 percent or more. A disproportionate number of these underpaid counties are located in California, Georgia, Minnesota, Ohio, and Virginia. (7) For purposes of payment under the Medicare program, hospitals are organized and reimbursed for geographic costs according to MSAs. (8) Studies by the Medicare Payment Advisory Commission (MedPAC) in 2007, the Government Accountability Office (GAO) in 2007, the Urban Institute in 2008, and Acumen LLC in 2008 have all documented this physician GPCI payment discrepancy-- specifically that more than half of the current physician payment localities had counties within them with a large payment difference (that is, a payment difference of 5 percent or more) between GAO's measure of physicians' costs and Medicare's geographic adjustment for an area. All these objective studies have recommended changes to the locality system to correct the payment discrepancies. (9) A common recommendation among the GPCI payment discrepancy studies referred to in paragraph (8) is to eliminate the county-based locality and replace it with one determined by Metropolitan Statistical Area. SEC. 3. REDESIGNATING THE GEOGRAPHICAL PRACTICE COST INDEX (GPCI) LOCALITIES IN CALIFORNIA. (a) In General.--Section 1848(e) of the Social Security Act (42 U.S.C.1395w-4(e)) is amended by adding at the end the following new paragraph: ``(6) Transition to use of msas as fee schedule areas in california.-- ``(A) In general.-- ``(i) Revision.--Subject to clause (ii) and notwithstanding the previous provisions of this subsection, for services furnished on or after January 1, 2010, the Secretary shall revise the fee schedule areas used for payment under this section applicable to the State of California using the Metropolitan Statistical Area (MSA) iterative Geographic Adjustment Factor methodology as follows: ``(I) The Secretary shall configure the physician fee schedule areas using the Core-Based Statistical Areas-- Metropolitan Statistical Areas (each in this paragraph referred to as an `MSA'), as defined by the Director of the Office of Management and Budget, as the basis for the fee schedule areas. The Secretary shall employ an iterative process to transition fee schedule areas. First, the Secretary shall list all MSAs within the State by Geographic Adjustment Factor described in paragraph (2) (in this paragraph referred to as a `GAF') in descending order. In the first iteration, the Secretary shall compare the GAF of the highest cost MSA in the State to the weighted-average GAF of the group of remaining MSAs in the State. If the ratio of the GAF of the highest cost MSA to the weighted-average GAF of the rest of State is 1.05 or greater then the highest cost MSA becomes a separate fee schedule area. ``(II) In the next iteration, the Secretary shall compare the MSA of the second-highest GAF to the weighted- average GAF of the group of remaining MSAs. If the ratio of the second- highest MSA's GAF to the weighted- average of the remaining lower cost MSAs is 1.05 or greater, the second- highest MSA becomes a separate fee schedule area. The iterative process continues until the ratio of the GAF of the highest-cost remaining MSA to the weighted-average of the remaining lower-cost MSAs is less than 1.05, and the remaining group of lower cost MSAs form a single fee schedule area, If two MSAs have identical GAFs, they shall be combined in the iterative comparison. ``(ii) Transition.--For services furnished on or after January 1, 2010, in the State of California, after calculating the work, practice expense, and malpractice geographic indices described in clauses (i), (ii), and (iii) of paragraph (1)(A) that would otherwise apply through application of this paragraph, the Secretary shall increase any such index to the county-based fee schedule area value on December 31, 2009, if such index would otherwise be less than the value on January 1, 2010. ``(B) Subsequent revisions.-- ``(i) Periodic review and adjustments in fee schedule areas.--Subsequent to the process outlined in paragraph (1)(C), not less often than every three years, the Secretary shall review and update the California Rest-of-State fee schedule area using MSAs as defined by the Director of the Office of Management and Budget and the iterative methodology described in subparagraph (A)(i). ``(ii) Link with geographic index data revision.--The revision described in clause (i) shall be made effective concurrently with the application of the periodic review of the adjustment factors required under paragraph (1)(C) for California for 2012 and subsequent periods. Upon request, the Secretary shall make available to the public any county-level or MSA derived data used to calculate the geographic practice cost index. ``(C) References to fee schedule areas.--Effective for services furnished on or after January 1, 2010, for the State of California, any reference in this section to a fee schedule area shall be deemed a reference to an MSA in the State.''. (b) Conforming Amendment to Definition of Fee Schedule Area.-- Section 1848(j)(2) of the Social Security Act (42 U.S.C. 1395w(j)(2)) is amended by striking ``The term'' and inserting ``Except as provided in subsection (e)(6)(C), the term''.

GPCI Justice Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the geographic practice cost index (GPCI) for adjustments to physician fee schedule areas, to direct the Secretary of Health and Human Services to revise the fee schedule areas for California to use the Metropolitan Statistical Area (MSA) iterative Geographic Adjustment Factor methodology, in accordance with specified requirements.

To amend title XVIII of the Social Security Act to transition to the use of metropolitan statistical areas as fee schedule areas for the physician fee schedule in California under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pay for all your Undocumented Procedures (PAY UP!) Act of 2009''. SEC. 2. MAKING PERMANENT THE PROGRAM OF FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED ALIENS. (a) In General.--Subsection (a)(1) of section 1011 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is amended-- (1) by inserting ``and for each of fiscal years 2010 through 2014'' after ``each of fiscal years 2005 through 2008''; and (2) by adding at the end the following: ``There are authorized to be appropriated to the Secretary for fiscal year 2015 and each succeeding fiscal year such sums as may be necessary for such purpose.''. (b) Reallocation of Unspent Funds in a Fiscal Year.-- (1) In general.--Subsection (b) of such section is amended-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (ii) by adding at the end the following new subparagraph: ``(C) Reallotment of unspent funds.-- ``(i) In general.--If the amounts allotted under this paragraph with respect to one or more States for a fiscal year are not fully expended under this section during the fiscal year and there is one or more full expenditure States for the fiscal year, the Secretary shall provide for the reallotment of the aggregate unexpended portion of such amounts (for expenditure under this paragraph in the succeeding fiscal year) among eligible providers in full expenditure States in the same proportion as the ratio of-- ``(I) the amount of each full expenditure State's allotment under this paragraph for such fiscal year (determined without regard to this subparagraph); to ``(II) the sum of all the amounts determined for all full expenditure States under subclause (I). ``(ii) If no full expenditure state.--If the amounts allotted under this paragraph with respect to one or more States for a fiscal year are not fully expended under this section during the fiscal year and there is no full expenditure State for the fiscal year, the aggregate unexpended portion shall be added to the aggregate amount available for allotment available under paragraph (1) for the succeeding fiscal year. ``(iii) Full expenditure state defined.--In this subparagraph, the term `full expenditure State' means, with respect to a fiscal year, a State described in subparagraph (A) which has received an allotment under this paragraph for the fiscal year and which has fully expended such allotment by the end of such fiscal year.''; and (B) in paragraph (2)-- (i) in subparagraph (B), by inserting ``, subject to subparagraph (D),'' after ``shall''; and (ii) by adding at the end the following new subparagraph: ``(D) Reallotment of unspent funds.--The provisions of subparagraph (C) of paragraph (1) shall apply with respect to allotments made under this paragraph to a State described in subparagraph (A) in the same manner as such subparagraph (C) applies with respect to allotments made to a State under paragraph (1).''. (2) Effective date.--The amendments made by paragraph (1) shall apply to allotments for fiscal years beginning before, during, or after fiscal 2010; except that, in applying such amendments for fiscal years that began before the date of the enactment of this Act-- (A) the allotments to a State for such fiscal years under paragraph (1) or (2) of section 1011(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) shall be treated as being a single allotment under the respective paragraph for the fiscal year in which this Act is enacted; and (B) such fiscal years shall be treated as being such the fiscal year in which this Act is enacted.

Pay for all your Undocumented Procedures (PAY UP!) Act of 2009 - Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to make permanent the program of federal reimbursement of emergency health services furnished to undocumented aliens. Requires a reallotment of unspent program funds in a fiscal year among eligible providers in full expenditure states according to a specified ratio. Requires addition of such funds to the aggregate amount available for allotment for the succeeding fiscal year in the event there is no full expenditure state.

To amend section 1011 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) to make permanent the program of Federal reimbursement of emergency health services furnished to undocumented aliens.

SECTION 1. APPOINTMENT OF HEARING AID SPECIALISTS TO VETERANS HEALTH ADMINISTRATION. (a) Hearing Aid Specialists.-- (1) Appointment.--Section 7401(3) of title 38, United States Code, is amended by inserting ``hearing aid specialists,'' after ``Audiologists,''. (2) Qualifications.--Section 7402(b) of such title is amended-- (A) by redesignating paragraph (14) as paragraph (15); and (B) by inserting after paragraph (13) the following new paragraph (14): ``(14) Hearing Aid Specialist.--To be eligible to be appointed to a hearing aid specialist position, a person must-- ``(A) hold an associate's degree in hearing instrument sciences, or its equivalent, from a college or university approved by the Secretary, or have successfully completed a hearing aid specialist apprenticeship program approved by the Secretary; and ``(B) be licensed as a hearing aid specialist, or its equivalent, in a State.''. (b) Treatment of Certain Current Specialists.-- (1) In general.--A hearing aid specialist described in paragraph (2) shall be deemed to be eligible for appointment to a hearing aid specialist position under sections 7401(3) and 7402(b)(14) of title 38, United States Code, as amended by subsection (a). (2) Hearing aid specialist described.--A hearing aid specialist described in this paragraph is a hearing aid specialist who-- (A) is not covered under section 7402(b)(14) of title 38, United States Code, as amended by subsection (a); and (B) during the two-year period ending on the date of the enactment of this Act-- (i) held an unrevoked, unsuspended hearing aid license, or its equivalent, in a State; and (ii) worked as a licensed hearing aid specialist in a State. (c) Annual Report Required.-- (1) In general.--Not later than one year after the date of the enactment of this Act, and each year thereafter, the Secretary of Veterans Affairs shall submit to Congress a report on the following: (A) Timely access to hearing health services. (B) Contracting policies with respect to providing hearing health services in non-Department facilities. (2) Timely access.--With respect to the matters under paragraph (1)(A), the report shall include the following: (A) The staffing levels, as of the date of the report, of audiologists, health technicians in audiology, and hearing aid specialists in the Veterans Health Administration. (B) A description of how the Secretary measures performance with respect to appointments and care relating to hearing health. (C) The average time, as of the date of the report, that a patient waits to receive an appointment, beginning on the date on which the patient makes the request, for-- (i) a disability rating evaluation; (ii) a primary hearing aid evaluation and ordering of hearing aids; (iii) dispensing of hearing aids; and (iv) any follow-up hearing health appointment. (D) The percentage of patients whose total wait time described in subparagraph (C) for both an initial and follow-up appointment is-- (i) less than 15 days; (ii) between 15 days and 28 days; (iii) between 29 days and 42 days; (iv) between 43 days and 56 days; or (v) exceeds 56 days. (3) Contracting policies.--With respect to the matters under paragraph (1)(B), the report shall include the following: (A) The number of patients that the Secretary refers to non-Department audiologists for initial hearing health diagnosis appointments. (B) The number of patients described in subparagraph (A) whom the Secretary refers to non- Department hearing aid specialists for follow-up hearing health care as described in paragraph (2)(C). (C) The policies of the Veterans Health Administration regarding the referral of patients to non-Department hearing aid specialists and how such policies will be applied under the Patient-Centered Community Care Initiative. (d) Updated Handbook.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall update and reissue the handbook of the Veteran Health Administration numbered 1170.02 and titled ``VHA Audiology and Speech-Language Pathology Services'' to reflect the requirements made by this section or the amendments under this section.

Authorizes the appointment of hearing aid specialists in the Veterans Health Administration (VHA) of the Department of Veterans Affairs (VA). Requires an eligible person to: (1) hold an associate's degree in hearing instrument sciences or its equivalent from a college or university approved by the VA Secretary or have successfully completed an approved hearing aid specialist apprenticeship program, and (2) be licensed as a hearing aid specialist or its equivalent in a state. Requires the Secretary to: (1) submit an annual report on timely access to hearing health services and on contracting policies with respect to providing hearing health services in non-VA facilities, and (2) update and reissue the VHA handbook entitled "VHA Audiology and Speech-Language Pathology Services" to reflect the requirements of this Act.

To amend title 38, United States Code, to clarify the qualifications of hearing aid specialists of the Veterans Health Administration of the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Health Beneficiary Protection Act of 1998''. SEC. 2. MODIFICATION OF HOME HEALTH SERVICES COST LIMITS. (a) Establishment of a Moratorium on Implementation of Per Beneficiary Limits Under Interim Payment System.--Section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) (as amended by section 4602(c) of the Balanced Budget Act of 1997) is amended by striking clauses (v), (vi), and (vii). (b) Per Visit Cost Limits.-- (1) Basis for limits.--Section 1861(v)(1)(L)(i) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(i)) (as amended by section 4602(a) of the Balanced Budget Act of 1997) is amended-- (A) in subclause (III)-- (i) by striking ``October 1, 1997'' and inserting ``July 1, 1997''; and (ii) by striking ``or'' at the end; (B) by amending subclause (IV) to read as follows: ``(IV) July 1, 1997, and before July 1, 2000, 112 percent of such mean applicable for cost reporting periods beginning on or after July 1, 1996, and before July 1, 1997, and''; and (C) by adding at the end the following: ``(V) July 1, 2000, 112 percent of the mean of the labor- related and nonlabor per visit costs for freestanding home health agencies.''. (2) Establishing a 3-year freeze on cost limits.--Section 1861(v)(1)(L)(iii) of such Act (42 U.S.C. 1395x(v)(1)(L)(iii)) (as amended by section 4602 of the Balanced Budget Act of 1997) is amended by striking ``October 1, 1997'' and inserting ``July 1, 2000''. SEC. 3. STRENGTHENING MEDICARE OVERSIGHT OF HOME HEALTH SERVICES EXPENDITURES. (a) In General.--Section 4614 of the Balanced Budget Act of 1997 is amended by redesignating subsection (c) as subsection (d) and inserting after subsection (b) the following: ``(c) Procedures To Eliminate Inappropriate Utilization of Home Health Services.-- ``(1) In general.--The Secretary of Health and Human Services shall establish a process for eliminating inappropriate utilization of home health services by reviewing claims for reimbursement of such services furnished under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) in which the number of home health visits provided to a beneficiary in a year exceeds the regional average of per beneficiary annual visits. ``(2) Referral to ig.--If the Secretary of Health and Human Services determines appropriate, the Secretary shall-- ``(A) issue a determination denying payment for a claim described in paragraph (1); and ``(B) refer the name of the provider that submitted such claim to the Office of Inspector General of the Department of Health and Human Services for investigation. ``(3) Application.--This subsection shall apply to claims for reimbursement submitted after the process described in paragraph (1) is established.''. (b) Reports to Congress.--Section 4616(b) of the Balanced Budget Act of 1997 (42 U.S.C 1395y note) is amended by adding at the end the following: ``The Secretary shall include in each of the reports for fiscal years 1999 through 2002 recommendations regarding changes to the method of payment, claims review, and scope of benefits that the Secretary determines is necessary to achieve actual outlays under such parts for such services during the following fiscal year that are equal to the estimated outlays under subsection (a) for such year.''. SEC. 4. MODIFICATION OF CALCULATION OF PAYMENT AMOUNT FOR HOME HEALTH SERVICES UNDER THE PROSPECTIVE PAYMENT SYSTEM. (a) Establishment of Equitable Limits for Calculating Prospective Payment Rates.-- (1) In general.--Section 1895(b)(3)(A)(i) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(A)(i)) (as added by section 4603 of the Balanced Budget Act of 1997) is amended by inserting ``the greater of $21,200,000,000 or'' after ``equal to''. (2) Contingency.--Section 4603(e) of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is amended-- (A) by striking ``If'' and inserting the following: ``(1) In general.--If''; (B) in paragraph (1) (as redesignated by subparagraph (A)), by striking ``provide for a reduction by 15 percent'' and all that follows and inserting the following: ``provide-- ``(A) for such cost reporting periods that begin before October 1, 2002, for an adjustment to the cost limits described in section 1861(v)(1)(L) of such Act so that the total amounts payable for such services in a fiscal year is equal to the greater of-- ``(i) the applicable amount (as defined in paragraph (2); or ``(ii) the total amount of payments for such services that would have been made in such fiscal year if such cost limits (as those limits would otherwise be in effect on September 30, 1999) had been reduced by 15 percent; and ``(B) for such cost reporting periods that begin on or after October 1, 2002, for a reduction by 15 percent in such cost limits (as so in effect).''; and (C) by adding at the end the following: ``(2) Applicable amount defined.--In paragraph (1), the term `applicable amount' means the following amount: ``(A) For fiscal year 2000, $21,200,000,000. ``(B) For fiscal year 2001, $23,300,000,000. ``(C) For fiscal year 2002, $25,200,000,000.''. (b) Temporary Restoration of Periodic Interim Payment for Home Health Services.--Section 1815(e)(2) of the Social Security Act (42 U.S.C. 1395g(e)(2)) (as amended by section 4603(b) of the Balanced Budget Act of 1997) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: ``(D) home health services until the end of the 12-month period following the date that the prospective payment system for such services is implemented pursuant to section 1895; and''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect as if included in the provisions of the Balanced Budget Act of 1997 to which they apply.

Medicare Home Health Beneficiary Protection Act of 1998 - Amends part D (Miscellaneous Provisions) of title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997 (BBA '97), to revise reasonable cost requirements with regard to the interim system of limited payments for services provided by home health agencies. Establishes a moratorium on implementation of per beneficiary limits and a three-year freeze on cost limits. Amends BBA '97 to direct the Secretary of Health and Human Services (HHS) to: (1) establish a process for eliminating inappropriate utilization of Medicare home health services by reviewing claims in which the number of home health visits provided to a beneficiary in a year exceeds the regional average of per beneficiary annual visits; (2) if appropriate, issue a determination denying payment for such a claim, and refer the name of the claimant-provider to the HHS Inspector General for investigation; and (3) include in the annual reports to the Congress on home health cost containment any recommendations for changes to the method of payment, claims review, and scope of benefits that the Secretary determines is necessary to achieve actual outlays equal to estimated outlays under Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance) for such services during the following fiscal year. (Sec. 4) Amends SSA title XVIII to provide for: (1) establishment of limits for calculating prospective payment rates for home health services under the payment system for such services; and (2) temporary restoration of periodic interim payment for such services.

Medicare Home Health Beneficiary Protection Act of 1998

SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This Act may be cited as the ``Home Lead Safety Tax Credit Act of 2005''. (b) Findings.--Congress finds that: (1) Of the 98,000,000 housing units in the United States, 38,000,000 have lead-based paint. (2) Of the 38,000,000 housing units with lead-based paint, 25,000,000 pose a hazard, as defined by Environmental Protection Agency and Department of Housing and Urban Development standards, due to conditions such as peeling paint and settled dust on floors and windowsills that contain lead at levels above Federal safety standards. (3) Though the number of children in the United States ages 1 through 5 with blood levels higher than the Centers for Disease Control action level of 10 micrograms per deciliter has declined to 300,000, lead poisoning remains a serious, entirely preventable threat to a child's intelligence, behavior, and learning. (4) The Secretary of Health and Human Services has established a national goal of ending childhood lead poisoning by 2010. (5) Current Federal lead abatement programs, such as the Lead Hazard Control Grant Program of the Department of Housing and Urban Development, only have resources sufficient to make approximately 7,000 homes lead-safe each year. In many cases, when State and local public health departments identify a lead- poisoned child, resources are insufficient to reduce or eliminate the hazards. (6) Old windows typically pose significant risks because wood trim is more likely to be painted with lead-based paint, moisture causes paint to deteriorate, and friction generates lead dust. The replacement of old windows that contain lead based paint significantly reduces lead poisoning hazards in addition to producing significant energy savings. (7) Childhood lead poisoning can be dramatically reduced by the abatement or complete removal of all lead-based paint. Empirical studies also have shown substantial reductions in lead poisoning when the affected properties have undergone so- called ``interim control measures'' that are far less costly than abatement. (c) Purpose.--The purpose of this section is to encourage the safe removal of lead hazards from homes and thereby decrease the number of children who suffer reduced intelligence, learning difficulties, behavioral problems, and other health consequences due to lead- poisoning. SEC. 2. HOME LEAD HAZARD REDUCTION ACTIVITY TAX CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30D. HOME LEAD HAZARD REDUCTION ACTIVITY. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the lead hazard reduction activity cost paid or incurred by the taxpayer during the taxable year for each eligible dwelling unit. ``(b) Limitation.--The amount of the credit allowed under subsection (a) for any eligible dwelling unit for any taxable year shall not exceed-- ``(1) either-- ``(A) $3,000 in the case of lead hazard reduction activity cost including lead abatement measures described in clauses (i), (ii), (iv) and (v) of subsection (c)(1)(A), or ``(B) $1,000 in the case of lead hazard reduction activity cost including interim lead control measures described in clauses (i), (iii), (iv), and (v) of subsection (c)(1)(A), reduced by ``(2) the aggregate lead hazard reduction activity cost taken into account under subsection (a) with respect to such unit for all preceding taxable years. ``(c) Definitions and Special Rules.--For purposes of this section: ``(1) Lead hazard reduction activity cost.-- ``(A) In general.--The term `lead hazard reduction activity cost' means, with respect to any eligible dwelling unit-- ``(i) the cost for a certified risk assessor to conduct an assessment to determine the presence of a lead-based paint hazard, ``(ii) the cost for performing lead abatement measures by a certified lead abatement supervisor, including the removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces, windows, or fixtures, or the removal or permanent covering of soil when lead-based paint hazards are present in such paint, dust, or soil, ``(iii) the cost for performing interim lead control measures to reduce exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards, and the establishment and operation of management and resident education programs, but only if such measures are evaluated and completed by a certified lead abatement supervisor using accepted methods, are conducted by a qualified contractor, and have an expected useful life of more than 10 years, ``(iv) the cost for a certified lead abatement supervisor, those working under the supervision of such supervisor, or a qualified contractor to perform all preparation, cleanup, disposal, and clearance testing activities associated with the lead abatement measures or interim lead control measures, and ``(v) costs incurred by or on behalf of any occupant of such dwelling unit for any relocation which is necessary to achieve occupant protection (as defined under section 35.1345 of title 24, Code of Federal Regulations). ``(B) Limitation.--The term `lead hazard reduction activity cost' does not include any cost to the extent such cost is funded by any grant, contract, or otherwise by another person (or any governmental agency). ``(2) Eligible dwelling unit.-- ``(A) In general.--The term `eligible dwelling unit' means, with respect to any taxable year, any dwelling unit-- ``(i) placed in service before 1960, ``(ii) located in the United States, ``(iii) in which resides, for a total period of not less than 50 percent of the taxable year, at least 1 child who has not attained the age of 6 years or 1 woman of child-bearing age, and ``(iv) each of the residents of which during such taxable year has an adjusted gross income of less than 185 percent of the poverty line (as determined for such taxable year in accordance with criteria established by the Director of the Office of Management and Budget). ``(B) Dwelling unit.--The term `dwelling unit' has the meaning given such term by section 280A(f)(1). ``(3) Lead-based paint hazard.--The term `lead-based paint hazard' has the meaning given such term by section 745.61 of title 40, Code of Federal Regulations. ``(4) Certified lead abatement supervisor.--The term `certified lead abatement supervisor' means an individual certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations. ``(5) Certified inspector.--The term `certified inspector' means an inspector certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations. ``(6) Certified risk assessor.--The term `certified risk assessor' means a risk assessor certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations. ``(7) Qualified contractor.--The term `qualified contractor' means any contractor who has successfully completed a training course on lead safe work practices which has been approved by the Department of Housing and Urban Development and the Environmental Protection Agency. ``(8) Documentation required for credit allowance.--No credit shall be allowed under subsection (a) with respect to any eligible dwelling unit for any taxable year unless-- ``(A) after lead hazard reduction activity is complete, a certified inspector or certified risk assessor provides written documentation to the taxpayer that includes-- ``(i) evidence that-- ``(I) the eligible dwelling unit passes the clearance examinations required by the Department of Housing and Urban Development under part 35 of title 40, Code of Federal Regulations, ``(II) the eligible dwelling unit does not contain lead dust hazards (as defined by section 745.227(e)(8)(viii) of such title 40), or ``(III) the eligible dwelling unit meets lead hazard evaluation criteria established under an authorized State or local program, and ``(ii) documentation showing that the lead hazard reduction activity meets the requirements of this section, and ``(B) the taxpayer files with the appropriate State agency and attaches to the tax return for the taxable year-- ``(i) the documentation described in subparagraph (A), ``(ii) documentation of the lead hazard reduction activity costs paid or incurred during the taxable year with respect to the eligible dwelling unit, and ``(iii) a statement certifying that the dwelling unit qualifies as an eligible dwelling unit for such taxable year. ``(9) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (d)). ``(10) No double benefit.--Any deduction allowable for costs taken into account in computing the amount of the credit for lead-based paint abatement shall be reduced by the amount of such credit attributable to such costs. ``(d) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under subpart A and sections 27, 29, 30, 30A, 30B, and 30C for the taxable year. ``(e) Carryforward Allowed.-- ``(1) In general.--If the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (d) for such taxable year (referred to as the `unused credit year' in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year. ``(2) Rules.--Rules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1).''. (b) Conforming Amendments.-- (1) Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' in paragraph (36), by striking the period and inserting ``, and'' in paragraph (37), and by inserting at the end the following new paragraph: ``(38) in the case of an eligible dwelling unit with respect to which a credit for any lead hazard reduction activity cost was allowed under section 30D, to the extent provided in section 30D(c)(9).''. (2) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30C the following new item: ``Sec. 30D. Home lead hazard reduction activity.''. (c) Effective Date.--The amendments made by this section shall apply to lead hazard reduction activity costs incurred after December 31, 2005, in taxable years ending after that date.

Home Lead Safety Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for 50 percent of the costs of reducing lead hazards in U.S. homes built before 1960 in which certain low-income children less than six years of age and women of child-bearing age reside. Allows a maximum credit of $3,000 for lead abatement costs and $1,000 for the cost of interim lead control measures.

To amend the Internal Revenue Code of 1986 to provide a tax credit for property owners who remove lead-based paint hazards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Students Act of 2007''. SEC. 2. NUTRITIONAL REQUIREMENTS FOR SCHOOL LUNCHES AND BREAKFASTS. (a) Dietary Guidelines.--Section 9(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)) is amended by striking paragraph (4) and inserting the following: ``(4) Dietary Guidelines.-- ``(A) Commission.-- ``(i) In general.--The Director of the Centers for Disease Control and Prevention (referred to in this paragraph as the `Director') shall establish a Commission to Improve School Meals (referred to in this paragraph as the `Commission'). ``(ii) Membership.--The Director, in consultation with the Secretary, shall appoint members of the Commission from among individuals who are nutritionists, pediatricians, or experts in nutrition and children's health. ``(iii) Duties.--The Commission shall-- ``(I) review the provisions of the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341) that are relevant for children; ``(II) evaluate the nutritional and dietary needs of school-age children and recommend nutritional standards for establishing a healthy school nutrition program; ``(III) not later than 90 days after the date of enactment of the Healthy Students Act of 2007, develop new nutritional standards for the school lunch program under this Act (including the afterschool care program under section 17A), the summer food service program established under section 13, the child and adult care food program established under section 17 (other than the program under section 17(o)), and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and ``(IV) evaluate compliance with and enforcement of the minimum nutritional requirements established under subparagraph (B). ``(iv) Foods of minimal nutritional value.-- ``(I) In general.--The Commission shall update the definition of the term `food of minimal nutritional value' in sections 210.11(a)(2) and 220.2(i-1) of title 7, Code of Federal Regulations (or successor regulations). ``(II) Requirement.--Nutritional standards developed under subclause (III) of clause (iii) shall prohibit food of minimal nutritional value from being included in school meals described in that subclause. ``(B) Rules.--Notwithstanding paragraph (2), subsection (f), and subsections (a) and (b) of section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779), not later than 90 days after nutritional standards are developed under subparagraph (A)(iii)(III), the Secretary shall promulgate and implement rules, based on the standards, that establish minimum nutritional requirements for food served under the programs described in subparagraph (A)(iii)(III).''. (b) Computation of Adjustment.--Section 11(a)(3)(B)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(3)(B)(i)) is amended-- (1) by striking ``reflect changes'' and inserting ``reflect-- ``(I) changes;''. (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(I) any increased cost due to the costs of compliance with minimum nutritional requirements established under section 9(a)(4)(B).''. SEC. 3. SCHOOL NUTRITION PILOT PROGRAM. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following: ``(l) School Nutrition Pilot Program.-- ``(1) In general.--The Secretary shall carry out a pilot program under which the Secretary shall provide grants to school districts or nonprofit organizations for schools participating in the school lunch program under this Act or the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) that promote healthy alternatives for students. ``(2) Uses.--A grant provided under this subsection may be used-- ``(A) to provide an alternative of organic foods in the meals served under programs described in paragraph (1) to students; ``(B) to promote healthy food education in the school curriculum; ``(C) to carry out garden to kitchen or seed to table programs; or ``(D) to provide professional development for teachers to carry out programs that promote healthy alternatives for students. ``(3) Administration.--In providing grants under the pilot program, the Secretary shall give a preference to programs that promote healthy alternatives for students that can be replicated in schools. ``(4) Study; report.-- ``(A) Study.--During the period in which grant funds are used by schools under this subsection, the Secretary shall conduct a study of the pilot program. ``(B) Report.--Not later than 90 days after the date on which the study is completed under subparagraph (A), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that describes the results of the study. ``(5) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $5,000,000.''. SEC. 4. HEALTHY HOUR PILOT PROGRAM. (a) Definition of Eligible School.--In this section, the term ``eligible school'' means an elementary school or secondary school, as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (b) Pilot Program.--From amounts appropriated for this section, the Secretary of Education shall award, on a competitive basis, grants to eligible schools to enable the eligible schools to carry out Healthy Hour pilot programs described in subsection (d). (c) Application.--An eligible school desiring a grant under this section shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require. (d) Grant Activities.--An eligible school receiving a grant under this section shall use grant funds to carry out a Healthy Hour pilot program by increasing the length of each school day by an hour, which hour-- (1) shall be used exclusively for physical activity; and (2) may occur at any time during the school day. (e) Reports.-- (1) School report.--Not later than 90 days after the last day of the grant period for a grant under this section, a school receiving a grant under this section shall prepare and submit a report to the Secretary of Education regarding the success of the pilot program assisted by the grant. (2) Secretary report.--Not later than 90 days after receiving all reports described in paragraph (1), the Secretary of Education shall prepare and submit to Congress a report regarding the results of the pilot programs assisted by grants under this section. SEC. 5. LOAN FORGIVENESS FOR SCHOOL NURSES. Part E of title VIII of the Public Health Service Act (42 U.S.C. 297a et seq.) is amended-- (1) by redesignating sections 842, 846, 846A, and 810 as sections 840A, 840B, 840D, and 840E, respectively; and (2) by inserting after section 840B (as redesignated by paragraph (1)) the following: ``SEC. 840C. LOAN FORGIVENESS FOR SCHOOL NURSES. ``(a) In General.--The Secretary shall carry out a program of making payments in accordance with subsection (b), for and on behalf of an eligible nurse who enters into an agreement with the Secretary to be employed as a full-time school nurse in an elementary school or secondary school for 3 complete school years. ``(b) Payments.--The payments described in subsection (a) shall be made by the Secretary as follows: ``(1) Upon completion by the eligible nurse for whom the payments are to be made of the first year of employment pursuant to the agreement described in subsection (a), the Secretary shall pay 30 percent of the principal of, and the interest on, each qualified loan of such eligible nurse which is outstanding on the date the eligible nurse began such employment. ``(2) Upon completion by the eligible nurse of the second year of such employment, the Secretary shall pay another 30 percent of the principal of, and the interest on, each such loan. ``(3) Upon completion by the eligible nurse of the third year of such service, the Secretary shall pay another 40 percent of the principal of, and the interest on, each such loan. ``(c) Limitation.--The total amount paid for and on behalf of any eligible nurse under the program under this section shall not exceed $50,000. ``(d) Application for Repayment.--Each eligible nurse desiring loan repayment under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(e) Rule of Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of a qualified loan. ``(f) Definitions.--In this section: ``(1) Elementary school; secondary school.--The terms `elementary school' and `secondary school' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(2) Eligible nurse.--The term `eligible nurse' means an individual who-- ``(A) is a registered nurse; ``(B) has received a baccalaureate degree in nursing from an accredited collegiate school of nursing; and ``(C) has any credential that is required in order to work as a school nurse in an elementary school or secondary school by the State in which the individual is employed pursuant to the agreement described in subsection (a). ``(3) Qualified loan.--The term `qualified loan' means a loan from a loan fund established under this part or any other educational loan for nurse training costs, including a loan made, insured, or guaranteed under part B or part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 1087 et seq.). ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary.''. SEC. 6. CONTRIBUTIONS OF GYM EQUIPMENT FOR ELEMENTARY AND SECONDARY SCHOOL PURPOSES. (a) In General.--Subsection (e) of section 170 of the Internal Revenue Code of 1986, as amended by the Pension Protection Act of 2006, is amended by adding at the end the following new paragraph: ``(8) Special rule for contributions of exercise and gymnasium equipment for educational purposes.-- ``(A) Limit on reduction.--In the case of a qualified gymnasium contribution, the reduction under paragraph (1)(A) shall be no greater than the amount determined under paragraph (3)(B). ``(B) Qualified gymnasium contribution.--For purposes of this paragraph, the term `qualified gymnasium contribution' means a charitable contribution by a corporation of any exercise or gymnasium equipment, but only if-- ``(i) the contribution is to-- ``(I) an educational organization described in subsection (b)(1)(A)(ii), or ``(II) an entity described in section 501(c)(3) and exempt from tax under section 501(a) (other than an entity described in subclause (I)) that is organized primarily for purposes of supporting the physical activity of children attending elementary and secondary educational institutions, ``(ii) the contribution is made not later than 3 years after the date the taxpayer acquired the property (or in the case of property constructed by the taxpayer, the date the construction of the property is substantially completed), ``(iii) the original use of the property is by the donor or the donee, ``(iv) the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation and transfer costs, ``(v) the donee's use and disposition of the property will be in accordance with the provisions of clause (iv), and ``(vi) the property meets such standards, if any, as the Secretary may prescribe by regulation to assure that the property meets minimum functionality and suitability standards. ``(C) Contribution to private foundation.--A contribution by a corporation of any exercise or gymnasium equipment to a private foundation (as defined in section 509) shall be treated as a qualified gymnasium contribution for purposes of this paragraph if-- ``(i) the contribution to the private foundation satisfies the requirements of clauses (ii) and (iv) of subparagraph (B), and ``(ii) within 30 days after such contribution, the private foundation-- ``(I) contributes the property to a donee described in clause (i) of subparagraph (B) that satisfies the requirements of clauses (iv) and (v) of subparagraph (B), and ``(II) notifies the donor of such contribution. ``(D) Donations of property reacquired by manufacturer.--In the case of property which is reacquired by the person who constructed the property-- ``(i) subparagraph (B)(ii) shall be applied to a contribution of such property by such person by taking into account the date that the original construction of the property was substantially completed, and ``(ii) subparagraph (B)(iii) shall not apply to such contribution. ``(E) Special rule relating to construction of property.--For the purposes of this paragraph, the rules of paragraph (4)(C) shall apply. ``(F) Definitions.--For the purposes of this paragraph-- ``(i) Exercise or gymnasium equipment.--The term `exercise or gymnasium equipment' means equipment used for physical activity. ``(ii) Corporation.--The term `corporation' has the meaning given to such term by paragraph (4)(D).''. (b) Effective Date.--The amendment made by this section shall apply to contributions made in taxable years ending after the date of the enactment of this Act.

Healthy Students Act of 2007 - Amends the Richard B. Russell National School Lunch Act to require the Director of the Centers for Disease Control and Prevention to establish a Commission to Improve School Meals composed of nutrition and children's health experts tasked with developing new nutritional standards for the School Lunch, Summer Food Service, Child and Adult Care Food, and School Breakfast programs. Requires such standards to ban foods of minimal nutritional value. Provides for the adjustment of program payment rates to compensate for compliance with such standards. Repeals the current requirement that the Secretary of Agriculture (Secretary) issue guidance to states and school food authorities to increase the consumption of foods and food ingredients recommended in the most recent Dietary Guidelines for Americans. Requires the Secretary to establish a pilot program providing grants to school districts or nonprofit organizations for use in promoting healthy food alternatives under the School Lunch and School Breakfast programs. Directs the Secretary of Education to award competitive grants to elementary and secondary schools for Healthy Hour pilot programs which increase each school day by an hour that is exclusively devoted to physical activity. Amends the Public Health Service Act to establish a student loan forgiveness program for nurses who agree to employment as full-time nurses in elementary or secondary schools for three complete school years. Amends the Internal Revenue Code to allow corporations a tax deduction for the charitable contribution to a private foundation of exercise or gymnasium equipment for use by elementary and secondary school students.

A bill to encourage the health of children in schools by promoting better nutrition and increased physical activity, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancement of Veterans Mental Health Services Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) A study published in the New England Journal of Medicine reported that about one in six soldiers of the Iraq war displays symptoms of post-traumatic stress disorder. (2) Clinical experts are anticipating an increase in the number of post-traumatic stress disorder cases in light of the increasing duration of military deployment. (3) 86 of 163 Department of Veterans Affairs Medical Centers have post-traumatic stress disorder treatment programs. (4) Section 1706 of title 38, United States Code, requires that the Secretary of Veterans Affairs ensure, in accordance with that section, that the Department of Veterans Affairs maintains its capacity to provide for the specialized treatment and rehabilitative needs of disabled veterans within distinct programs or facilities of the Deparment. SEC. 3. POST-TRAUMATIC STRESS DISORDER TREATMENT FOR VETERANS OF SERVICE IN AFGHANISTAN AND IRAQ AND THE WAR ON TERROR. (a) Enhanced Capacity for Department of Veterans Affairs.-- (1) Authorization of appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs for ``Medical Care'' the amount of $100,000,000 for the employment of additional psychiatrists and other mental health services specialists at Department of Veterans Affairs medical centers and outpatient facilities specializing in the diagnosis and treatment of post-traumatic stress disorder. (2) Allocation of funds.--Funds made available pursuant to the authorization of appropriations in paragraph (1) shall, to the extent funds are available for such purpose, be used to employ at least one psychiatrist and a complementary clinical team at each medical center of the Department of Veterans Affairs in order to conduct a specialized program for the diagnosis and treatment of post-traumatic stress disorder and to employ additional mental health services specialists at the medical center. (b) Outreach at the Community Level.-- (1) Program.--The Secretary of Veterans Affairs shall, within the authorities of the Secretary under title 38, United States Code, carry out a program to provide outreach at the community level to veterans who participated in Operation Iraqi Freedom or Operation Enduring Freedom who are or may be suffering from post-traumatic stress disorder. (2) Program sites.--The program shall be carried out on a nation-wide basis through facilities of the Department of Veterans Affairs. (3) Program content.--The program shall provide for individualized case management to be conducted on a one-on-one basis, counseling, education, and group therapy to help participants cope with post-traumatic stress disorder. The program-- (A) shall emphasize early identification of veterans who may be experiencing symptoms of post- traumatic stress disorder; and (B) shall include group-oriented, peer-to-peer settings for treatment. (4) Program model.--The Secretary shall establish and carry out the program under this subsection using as a model the program for the treatment of post-traumatic stress disorder conducted at the Department of Veterans Affairs medical center in Memphis, Tennessee. SEC. 4. ARMED FORCES REVIEW OF MENTAL HEALTH PROGRAMS. (a) Review of Mental Health Programs.--The Secretary of each military department shall conduct a comprehensive review of the mental health care programs of the Armed Forces under the jurisdiction of that Secretary in order to determine ways to improve the efficacy of such care, including a review of joint Department of Defense and Department of Veterans Affairs clinical guidelines to ensure a seamless delivery of care during transitions from active duty or reserve status to civilian life. (b) Report to Congress.--The Secretary of Defense shall submit to Congress a report setting forth the results of such review not later than 90 days after the date of the enactment of this Act. SEC. 5. TRANSITION TO VETERANS HEALTH CARE. The Secretary of each military department shall take special care in providing for as seamless a transition as possible from Department of Defense health care services to Department of Veterans Affairs health care services in the case of members of the Armed Forces who are being discharged or separated from active duty and who have been identified by the Secretary as having been exposed to combat or otherwise as being at particular risk for post-traumatic stress disorder. SEC. 6. PRIVACY SAFEGUARDS. The Secretary of each military department and the Secretary of Veterans Affairs shall assess privacy and patient confidentiality standards and practices of their respective departments to ensure that those standards and practices are adequate to protect the privacy of patients, particularly in the case of patients seeking treatment for post-traumatic stress disorder. Each of those Secretaries shall also assess and identify other factors that may deter members of the Armed Forces and veterans from seeking treatment for post-traumatic stress disorder.

Enhancement of Veterans Mental Health Services Act - Authorizes appropriations for the employment of additional psychiatrists and other mental health services specialists at Department of Veterans Affairs medical centers and outpatient facilities specializing in the diagnoses and treatment of post-traumatic stress disorder (PTSD). Requires the Secretary of Veterans Affairs to conduct a nationwide outreach program at the community level for veterans who participated in Operation Iraqi Freedom or Operation Enduring Freedom who are or may be suffering from PTSD. Directs the Secretary of each military department to conduct a comprehensive review of the mental health care programs of the Armed Forces under the jurisdiction of that Secretary to determine ways to improve the efficacy of such care. Requires the Secretary of each military department to take special care in providing for as seamless a transition as possible from Department of Defense health care services to Department of Veterans Affairs health care services with regard to members of the Armed Forces who were exposed to combat or are otherwise at risk for PTSD. Requires the Secretary of each military department and the Secretary of Veterans Affairs to: (1) assess the adequacy of privacy and patient confidentiality standards and practices of their respective departments, particularly with regard to patients seeking treatment for PTSD; and (2) identify other factors that may deter members of the Armed Forces from seeking treatment for PTSD.

To improve post-traumatic stress disorder treatment for veterans of service in Afghanistan and Iraq and the war on terror.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southwestern Indian Polytechnic Institute Administrative Systems Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) the provision of culturally sensitive experiences and vocationally relevant curricula at Southwestern Indian Polytechnic Institute is consistent with the commitment of the Federal Government to the fulfillment of treaty obligations to Indian tribes through the principle of self-determination and the use of Federal resources; and (2) giving a greater degree of autonomy to Southwestern Indian Polytechnic Institute, while maintaining the institute as an integral part of the Bureau of Indian Affairs, will facilitate the administration and improvement of the academic programs of the institute. SEC. 3. DEFINITIONS. For purposes of this Act the following definitions shall apply: (1) Institute.--The term ``institute'' means the Southwestern Indian Polytechnic Institute, located in Albuquerque, New Mexico. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. PERSONNEL MANAGEMENT. (a) Inapplicability of Certain Civil Service Laws.--Chapters 51, 53, and 63 of title 5, United States Code (relating to classification, pay, and leave, respectively) and the provisions of such title relating to the appointment, performance evaluation, promotion, and removal of civil service employees shall not apply to applicants for employment with, employees of, or positions in or under the institute. (b) Alternative Personnel Management Provisions.-- (1) In general.--The president of the institute shall by regulation prescribe such personnel management provisions as may be necessary, in order to ensure the effective administration of the institute, to replace the provisions of law that are inapplicable with respect to the institute by reason of subsection (a). (2) Procedural requirements.--The regulations prescribed under this subsection shall-- (A) be prescribed by the president of the institute in consultation with the appropriate governing body of the institute; (B) be subject to the requirements of subsections (b) through (e) of section 553 of title 5, United States Code; and (C) not take effect without the prior written approval of the Secretary. (c) Specific Substantive Requirements.--Under the regulations prescribed under this subsection-- (1) no rate of basic pay may, at any time, exceed-- (A) in the case of an employee who would otherwise be subject to the General Schedule, the maximum rate of basic pay then currently payable for grade GS-15 of the General Schedule (including any amount payable under section 5304 of title 5, United States Code, or other similar authority for the locality involved); or (B) in the case of an employee who would otherwise be subject to subchapter IV of chapter 53 of title 5, United States Code (relating to prevailing rate systems), the maximum rate of basic pay which (but for this section) would then otherwise be currently payable under the wage schedule covering such employee; (2) the limitation under section 5307 of title 5, United States Code (relating to limitation on certain payments) shall apply, subject to such definitional and other modifications as may be necessary in the context of the alternative personnel management provisions established under this section; (3) procedures shall be established for the rapid and equitable resolution of grievances; (4) no institute employee may be discharged without notice of the reasons therefor and opportunity for a hearing under procedures that comport with the requirements of due process, except that this paragraph shall not apply in the case of an employee serving a probationary or trial period under an initial appointment; and (5) institute employees serving for a period specified in or determinable under an employment agreement shall, except as otherwise provided in the agreement, be notified at least 30 days before the end of such period as to whether their employment agreement will be renewed. (d) Rule of Construction.--Nothing in this section shall be considered to affect-- (1) the applicability of any provision of law providing for-- (A) equal employment opportunity; (B) Indian preference; or (C) veterans' preference; or (2) the eligibility of any individual to participate in any retirement system, any program under which any health insurance or life insurance is afforded, or any program under which unemployment benefits are afforded, with respect to Federal employees. (e) Labor-Management Provisions.-- (1) Collective-bargaining agreements.--Any collective- bargaining agreement in effect on the day before the effective date specified under subsection (f)(1) shall continue to be recognized by the institute until altered or amended pursuant to law. (2) Exclusive representative.--Nothing in this Act shall affect the right of any labor organization to be accorded (or to continue to be accorded) recognition as the exclusive representative of any unit of institute employees. (3) Other provisions.--Matters made subject to regulation under this section shall not be subject to collective bargaining, except in the case of any matter under chapter 63 of title 5, United States Code (relating to leave). (f) Effective Date.-- (1) Alternative personnel management provisions.--The alternative personnel management provisions under this section shall take effect on such date as may be specified in the regulations, except that such date may not be later than 1 year after the date of the enactment of this Act. (2) Provisions made inapplicable by this section.-- Subsection (a) shall take effect on the date specified under paragraph (1). (g) Applicability.-- (1) In general.--Except as otherwise provided in this subsection, the alternative personnel management provisions under this section shall apply with respect to all applicants for employment with, all employees of, and all positions in or under the institute. (2) Current employees not covered except pursuant to a voluntary election.-- (A) In general.--An institute employee serving on the day before the effective date specified under subsection (f)(1) shall not be subject to the alternative personnel management provisions under this section (and shall instead, for all purposes, be treated in the same way as if this section had not been enacted, notwithstanding subsection (a)) unless, before the end of the 5-year period beginning on such effective date, such employee elects to be covered by such provisions. (B) Procedures.--An election under this paragraph shall be made in such form and in such manner as may be required under the regulations, and shall be irrevocable. (3) Transition provisions.-- (A) Provisions relating to annual and sick leave.-- Any individual who-- (i) makes an election under paragraph (2), or (ii) on or after the effective date specified under subsection (f)(1), is transferred, promoted, or reappointed, without a break in service of 3 days or longer, to an institute position from a noninstitute position with the Federal Government or the government of the District of Columbia, shall be credited, for the purpose of the leave system provided under regulations prescribed under this section, with the annual and sick leave to such individual's credit immediately before the effective date of such election, transfer, promotion, or reappointment, as the case may be. (B) Liquidation of remaining leave upon termination.-- (i) Annual leave.--Upon termination of employment with the institute, any annual leave remaining to the credit of an individual within the purview of this section shall be liquidated in accordance with section 5551(a) and section 6306 of title 5, United States Code, except that leave earned or accrued under regulations prescribed under this section shall not be so liquidated. (ii) Sick leave.--Upon termination of employment with the institute, any sick leave remaining to the credit of an individual within the purview of this section shall be creditable for civil service retirement purposes in accordance with section 8339(m) of title 5, United States Code, except that leave earned or accrued under regulations prescribed under this section shall not be so creditable. (C) Transfer of remaining leave upon transfer, promotion, or reemployment.--In the case of any institute employee who is transferred, promoted, or reappointed, without a break in service of 3 days or longer, to a position in the Federal Government (or the government of the District of Columbia) under a different leave system, any remaining leave to the credit of that individual earned or credited under the regulations prescribed under this section shall be transferred to such individual's credit in the employing agency on an adjusted basis in accordance with regulations which shall be prescribed by the Office of Personnel Management. (4) Work-study.--Nothing in this section shall be considered to apply with respect to a work-study student, as defined by the president of the institute in writing. SEC. 5. DELEGATION OF PROCUREMENT AUTHORITY. The Secretary shall, to the maximum extent consistent with applicable law and subject to the availability of appropriations therefor, delegate, to the president of the institute, procurement and contracting authority with respect to the conduct of the administrative functions of the institute. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 1997, and for each fiscal year thereafter-- (1) the amount of funds made available by appropriations as operations funding for the administration of the institute for fiscal year 1996; and (2) such additional sums as may be necessary for the operation of the institute pursuant to this Act.

Southwestern Indian Polytechnic Institute Administrative Systems Act of 1996 - Provides that certain civil service laws relating to personnel management shall not apply to applicants for employment with, employees of, or positions in or under the Southwestern Indian Polytechnic Institute. Requires the Institute president by regulation to prescribe alternative personnel management provisions. Disallows covering current Institute employees except pursuant to a voluntary election. Directs the Secretary of the Interior to delegate to the institute president procurement authority with respect to the conduct of the administrative functions of the Institute. Authorizes appropriations.

Southwestern Indian Polytechnic Institute Administrative Systems Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Training and Knowledge Ensure Children a Risk-Free Environment (TAKE CARE) Act ''. SEC. 2. FINDINGS. Congress finds the following: (1) Under both Federal and State law, the courts play a crucial and essential role in the Nation's child welfare system and in ensuring safety, stability, and permanence for abused and neglected children under the supervision of that system. (2) The Adoption and Safe Families Act of 1997 (Public Law 105-89; 111 Stat. 2115) establishes explicitly for the first time in Federal law that a child's health and safety must be the paramount consideration when any decision is made regarding a child in the Nation's child welfare system. (3) The Adoption and Safe Families Act of 1997 promotes stability and permanence for abused and neglected children by requiring timely decision-making in proceedings to determine whether children can safely return to their families or whether they should be moved into safe and stable adoptive homes or other permanent family arrangements outside the foster care system. (4) To avoid unnecessary and lengthy stays in the foster care system, the Adoption and Safe Families Act of 1997 specifically requires, among other things, that States move to terminate the parental rights of the parents of those children who have been in foster care for 15 of the last 22 months. (5) While essential to protect children and to carry out the general purposes of the Adoption and Safe Families Act of 1997, the accelerated timelines for the termination of parental rights and the other requirements imposed under that Act increase the pressure on the Nation's already overburdened abuse and neglect courts. (6) The administrative efficiency and effectiveness of the Nation's abuse and neglect courts would be substantially improved by the acquisition and implementation of computerized case-tracking systems to identify and eliminate existing backlogs, to move abuse and neglect caseloads forward in a timely manner, and to move children into safe and stable families. Such systems could also be used to evaluate the effectiveness of such courts in meeting the purposes of the amendments made by, and provisions of, the Adoption and Safe Families Act of 1997. (7) The administrative efficiency and effectiveness of the Nation's abuse and neglect courts would also be improved by the identification and implementation of projects designed to eliminate the backlog of abuse and neglect cases, including the temporary hiring of additional judges, extension of court hours, and other projects designed to reduce existing caseloads. (8) The administrative efficiency and effectiveness of the Nation's abuse and neglect courts would be further strengthened by improving the quality and availability of training for judges, court personnel, agency attorneys, guardians ad litem, volunteers who participate in court-appointed special advocate (CASA) programs, and attorneys who represent the children and the parents of children in abuse and neglect proceedings. (9) While recognizing that abuse and neglect courts in this country are already committed to the quality administration of justice, the performance of such courts would be even further enhanced by the development of models and educational opportunities that reinforce court projects that have already been developed, including models for case-flow procedures, case management, representation of children, automated interagency interfaces, and ``best practices'' standards. (10) Judges, magistrates, commissioners, and other judicial officers play a central and vital role in ensuring that proceedings in our Nation's abuse and neglect courts are run efficiently and effectively. The performance of those individuals in such courts can only be further enhanced by training, seminars, and an ongoing opportunity to exchange ideas with their peers. (11) Volunteers who participate in court-appointed special advocate (CASA) programs play a vital role as the eyes and ears of abuse and neglect courts in proceedings conducted by, or under the supervision of, such courts and also bring increased public scrutiny of the abuse and neglect court system. The Nation's abuse and neglect courts would benefit from an expansion of this program to currently underserved communities. (12) Improved computerized case-tracking systems, comprehensive training, and development of, and education on, model abuse and neglect court systems, particularly with respect to underserved areas, would significantly further the purposes of the Adoption and Safe Families Act of 1997 by reducing the average length of an abused and neglected child's stay in foster care, improving the quality of decision-making and court services provided to children and families, and increasing the number of adoptions. SEC. 3. TRAINING IN CHILD ABUSE AND NEGLECT PROCEEDINGS. (a) Payment for Training.-- (1) In general.--Section 474(a)(3) of the Social Security Act (42 U.S.C. 674(a)(3)) is amended-- (A) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; and (B) by inserting after subparagraph (B), the following: ``(C) 75 percent of so much of such expenditures as are for the training (including cross-training with personnel employed by, or under contract with, the State or local agency administering the plan in the political subdivision, training on topics relevant to the legal representation of clients in proceedings conducted by or under the supervision of an abuse and neglect court (as defined in section 475(8)), and training on related topics such as child development and the importance of developing a trusting relationship with a child) of judges, judicial personnel, law enforcement personnel, agency attorneys (as defined in section 475(9)), attorneys representing parents in proceedings conducted by, or under the supervision of, an abuse and neglect court (as defined in section 475(8)), attorneys representing children in such proceedings (as defined in section 475(10)), guardians ad litem, and volunteers who participate in court-appointed special advocate (CASA) programs, to the extent such training is related to provisions of, and amendments made by, the Adoption and Safe Families Act of 1997, provided that any such training that is offered to judges or other judicial personnel shall be offered by, or under contract with, the State or local agency in collaboration with the judicial conference or other appropriate judicial governing body operating in the State,''. (2) Conforming amendments.-- (A) Section 473(a)(6)(B) of such Act (42 U.S.C. 673(a)(6)(B)) is amended by striking ``474(a)(3)(E)'' and inserting ``474(a)(3)(F)''. (B) Section 474(a)(3)(E) of such Act (42 U.S.C. 674(a)(3)(E)) (as redesignated by subsection (a)(1)) is amended by striking ``subparagraph (C)'' and inserting ``subparagraph (D)''. (C) Section 474(c) of such Act (42 U.S.C. 674(c)) is amended by striking ``subsection (a)(3)(C)'' and inserting ``subsection (a)(3)(D)''. (b) Definition of Certain Terms.--Section 475 of such Act (42 U.S.C. 675) is amended by adding at the end the following new paragraphs: ``(8) The term `abuse and neglect courts' means the State and local courts that carry out State or local laws requiring proceedings (conducted by or under the supervision of the courts)-- ``(A) that implement part B and this part (including preliminary disposition of such proceedings); ``(B) that determine whether a child was abused or neglected; ``(C) that determine the advisability or appropriateness of placement in a family foster home, group home, or a special residential care facility; or ``(D) that determine any other legal disposition of a child in the abuse and neglect court system. ``(9) The term `agency attorney' means an attorney or other individual, including any government attorney, district attorney, attorney general, State attorney, county attorney, city solicitor or attorney, corporation counsel, or privately retained special prosecutor, who represents the State or local agency administrating the programs under part B and this part in a proceeding conducted by, or under the supervision of, an abuse and neglect court, including a proceeding for termination of parental rights. ``(10) The term `attorneys representing children' means any attorney or a guardian ad litem who represents a child in a proceeding conducted by, or under the supervision of, an abuse and neglect court.''. SEC. 4. STATE STANDARDS FOR AGENCY ATTORNEYS. Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (1) in paragraph (22), by striking ``and'' at the end; (2) in paragraph (23), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(24) provides that, not later than January 1, 2002, the State shall develop and encourage the implementation of guidelines for all agency attorneys (as defined in section 475(9)), including legal education requirements for such attorneys regarding the handling of abuse, neglect, and dependency proceedings.''. SEC. 5. TECHNICAL ASSISTANCE FOR CHILD ABUSE, NEGLECT, AND DEPENDENCY MATTERS. (a) In General.--The Secretary of Health and Human Services, in coordination with the Attorney General, shall provide the technical assistance, training, and evaluations authorized under this section through grants, contracts, or cooperative arrangements with other entities, including universities, and national, State, and local organizations. The Secretary of Health and Human Services and the Attorney General should ensure that entities that have not had a previous contractual relationship with the Department of Health and Human Services, the Department of Justice, or another Federal agency can compete for grants for technical assistance, training, and evaluations. (b) Purpose.--Technical assistance shall be provided under this section for the purpose of supporting and assisting State and local courts that handle child abuse, neglect, and dependency matters to effectively carry out new responsibilities enacted as part of the Adoption and Safe Families Act of 1997 (Public Law 105-89; 111 Stat. 2115) and to speed the process of adoption of children and legal finalization of permanent families for children in foster care by improving practices of the courts involved in that process. (c) Activities.--Technical assistance consistent with the purpose described in subsection (b) may be provided under this section through the following: (1) The dissemination of information, existing and effective models, and technical assistance to State and local courts that receive grants for automated data collection and case-tracking systems and outcome measures. (2) The provision of specialized training on child development that is appropriate for judges, referees, nonjudicial decision-makers, administrative, and other court- related personnel, and for agency attorneys, attorneys representing children, guardians ad litem, volunteers who participate in court-appointed special advocate (CASA) programs, or parents. (3) The provision of assistance and dissemination of information about best practices of abuse and neglect courts for effective case management strategies and techniques, including automated data collection and case-tracking systems, assessments of caseload and staffing levels, management of court dockets, timely decision-making at all stages of a proceeding conducted by, or under the supervision of, an abuse and neglect court (as so defined), and the development of streamlined case flow procedures, case management models, early case resolution programs, mechanisms for monitoring compliance with the terms of court orders, models for representation of children, automated interagency interfaces between data bases, and court rules that facilitate timely case processing. (4) The development and dissemination of training models for judges, attorneys representing children, agency attorneys, guardians ad litem, and volunteers who participate in court- appointed special advocate (CASA) programs. (5) The development of standards of practice for agency attorneys, attorneys representing children, guardians ad litem, volunteers who participate in court-appointed special advocate (CASA) programs, and parents in such proceedings. (d) Training Requirement.--Any training offered in accordance with this section to judges or other judicial personnel shall be offered in collaboration with the judicial conference or other appropriate judicial governing body operating with respect to the State in which the training is offered. (e) Definitions.--In this section, the terms ``agency attorneys'', ``abuse and neglect courts'', and ``attorneys representing children'' have the meanings given such terms in section 475 of the Social Security Act (42 U.S.C. 675) (as amended by section 3(b) of this Act). (f) Authorization of Appropriations.--There is authorized to carry out this section $5,000,000 for the period of fiscal years 2001 through 2005.

Directs the Secretary of Health and Human Services to provide technical assistance, training, and evaluations under this Act through grants, contracts, and cooperative agreements with other entities, including universities, and national, State, and local organizations. Authorizes appropriations.

Training and Knowledge Ensure Children a Risk-Free Environment (TAKE CARE) Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``MTBE Elimination Act''. SEC. 2. FINDINGS; SENSE OF THE SENATE. (a) Findings.--Congress finds that-- (1) a single cup of MTBE, equal to the quantity found in 1 gallon of gasoline oxygenated with MTBE, renders all of the water in a 5,000,000-gallon well undrinkable; (2) the physical properties of MTBE allow MTBE to pass easily from gasoline to air to water, or from gasoline directly to water, but MTBE does not-- (A) readily attach to soil particles; or (B) naturally degrade; (3) the development of tumors and nervous system disorders in mice and rats has been linked to exposure to MTBE and tertiary butyl alcohol and formaldehyde, which are 2 metabolic byproducts of MTBE; (4) reproductive and developmental studies of MTBE indicate that exposure of a pregnant female to MTBE through inhalation can-- (A) result in maternal toxicity; and (B) have possible adverse effects on a developing fetus; (5) the Health Effects Institute reported in February 1996 that the studies of MTBE support its classification as a neurotoxicant and suggest that its primary effect is likely to be in the form of acute impairment; (6) people with higher levels of MTBE in the bloodstream are significantly more likely to report more headaches, eye irritation, nausea, dizziness, burning of the nose and throat, coughing, disorientation, and vomiting as compared with those who have lower levels of MTBE in the bloodstream; (7) available information has shown that MTBE significantly reduces the efficiency of technologies used to remediate water contaminated by petroleum hydrocarbons; (8) the costs of remediation of MTBE water contamination throughout the United States could run into the billions of dollars; (9) although several studies are being conducted to assess possible methods to remediate drinking water contaminated by MTBE, there have been no engineering solutions to make such remediation cost-efficient and practicable; (10) the remediation of drinking water contaminated by MTBE, involving the stripping of millions of gallons of contaminated ground water, can cost millions of dollars per municipality; (11) the average cost of a single industrial cleanup involving MTBE contamination is approximately $150,000; (12) the average cost of a single cleanup involving MTBE contamination that is conducted by a small business or a homeowner is approximately $37,000; (13) the reformulated gasoline program under section 211(k) of the Clean Air Act (42 U.S.C. 7545(k)) has resulted in substantial reductions in the emissions of a number of air pollutants from motor vehicles, including volatile organic compounds, carbon monoxide, and mobile-source toxic air pollutants, including benzene; (14) in assessing oxygenate alternatives, the Blue Ribbon Panel of the Environmental Protection Agency determined that ethanol, made from domestic grain and potentially from recycled biomass, is an effective fuel-blending component that-- (A) provides carbon monoxide emission benefits and high octane; and (B) appears to contribute to the reduction of the use of aromatics, providing reductions in emissions of toxic air pollutants and other air quality benefits; (15) the Department of Agriculture concluded that ethanol production and distribution could be expanded to meet the needs of the reformulated gasoline program in 4 years, with negligible price impacts and no interruptions in supply; and (16) because the reformulated gasoline program is a source of clean air benefits, and ethanol is a viable alternative that provides air quality and economic benefits, research and development efforts should be directed to assess infrastructure and meet other challenges necessary to allow ethanol use to expand sufficiently to meet the requirements of the reformulated gasoline program as the use of MTBE is phased out. (b) Sense of the Senate.--It is the sense of the Senate that the Administrator of the Environmental Protection Agency should provide technical assistance, information, and matching funds to help local communities-- (1) test drinking water supplies; and (2) remediate drinking water contaminated with methyl tertiary butyl ether. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Eligible grantee.--The term ``eligible grantee'' means-- (A) a Federal research agency; (B) a national laboratory; (C) a college or university or a research foundation maintained by a college or university; (D) a private research organization with an established and demonstrated capacity to perform research or technology transfer; or (E) a State environmental research facility. (3) MTBE.--The term ``MTBE'' means methyl tertiary butyl ether. SEC. 4. USE AND LABELING OF MTBE AS A FUEL ADDITIVE. Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is amended by adding at the end the following: ``(f) Use of Methyl Tertiary Butyl Ether.-- ``(1) Prohibition on use.--Effective beginning on the date that is 3 years after the date of enactment of this subsection, a person shall not use methyl tertiary butyl ether as a fuel additive. ``(2) Labeling of fuel dispensing systems for mtbe.--Any person selling oxygenated gasoline containing methyl tertiary butyl ether at retail shall be required under regulations promulgated by the Administrator to label the fuel dispensing system with a notice that-- ``(A) specifies that the gasoline contains methyl tertiary butyl ether; and ``(B) provides such other information concerning methyl tertiary butyl ether as the Administrator determines to be appropriate. ``(3) Regulations.--As soon as practicable after the date of enactment of this subsection, the Administrator shall establish a schedule that provides for an annual phased reduction in the quantity of methyl tertiary butyl ether that may be used as a fuel additive during the 3-year period beginning on the date of enactment of this subsection.''. SEC. 5. GRANTS FOR RESEARCH ON MTBE GROUND WATER CONTAMINATION AND REMEDIATION. (a) In General.-- (1) Establishment.--There is established a MTBE research grants program within the Environmental Protection Agency. (2) Purpose of grants.--The Administrator may make a grant under this section to an eligible grantee to pay the Federal share of the costs of research on-- (A) the development of more cost-effective and accurate MTBE ground water testing methods; (B) the development of more efficient and cost- effective remediation procedures for water sources contaminated with MTBE; or (C) the potential effects of MTBE on human health. (b) Administration.-- (1) In general.--In making grants under this section, the Administrator shall-- (A) seek and accept proposals for grants; (B) determine the relevance and merit of proposals; (C) award grants on the basis of merit, quality, and relevance to advancing the purposes for which a grant may be awarded under subsection (a); and (D) give priority to those proposals the applicants for which demonstrate the availability of matching funds. (2) Competitive basis.--A grant under this section shall be awarded on a competitive basis. (3) Term.--A grant under this section shall have a term that does not exceed 4 years. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2002 through 2005.

MTBE Elimination Act - Expresses the sense of the Senate that the Administrator of the Environmental Protection Agency (EPA) should provide technical assistance, information, and matching funds to help local communities test drinking water supplies and remediate drinking water contaminated with methyl tertiary butyl ether (MTBE).Amends the Toxic Substances Control Act to prohibit, three years after the enactment of the MTBE Elimination Act, the use of MTBE as a fuel additive.Establishes an MTBE research grants program within EPA.

A bill to prohibit the use of, and provide for remediation of water contaminated by, methyl tertiary butyl ether.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Canadian Trash Act''. SEC. 2. CUSTOMS USER FEES FOR COMMERCIAL TRUCKS TRANSPORTING FOREIGN MUNICIPAL SOLID WASTE. (a) In General.--Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended-- (1) in subsection (a)(2), by inserting ``or $500 if such truck is transporting foreign municipal solid waste'' before the end period; (2) in subsection (b)(2), by striking ``No fee'' and inserting ``Except for the fee charged for each arrival of a commercial truck that is transporting foreign municipal solid waste, no fee''; and (3) in subsection (b)(7), by striking ``No fee'' and inserting ``Except for the fee charged for each arrival of a commercial truck that is transporting foreign municipal solid waste, no fee''. (b) Definitions.--Subsection (c) of such section is amended by adding at the end the following: ``(6) Foreign municipal solid waste.--The term `foreign municipal solid waste' means municipal solid waste generated outside of the customs territory of the United States. ``(7) Municipal solid waste.-- ``(A) In general.--The term `municipal solid waste' means-- ``(i) all waste materials, collected or handled by any means, discarded for disposal by households, including single and multifamily residences, hotels, and motels; and ``(ii) all waste materials, collected or handled by any means, discarded for disposal that were generated by commercial, institutional, municipal, or industrial sources, including-- ``(I) rubbish; ``(II) food; ``(III) yard waste; ``(IV) paper; ``(V) clothing; ``(VI) appliances; ``(VII) consumer product packaging; ``(VIII) disposable diapers; ``(IX) office supplies; ``(X) cosmetics; ``(XI) glass and metal food containers; ``(XII) household hazardous waste; ``(XIII) debris resulting from construction; and ``(XIV) remodeling, repair, or demolition of structures. ``(B) Exception.--The term `municipal solid waste' does not include any of the following: ``(i) Any solid waste identified or listed as a hazardous waste under section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921), except for household hazardous waste. ``(ii) Any solid waste, including contaminated soil and debris, resulting from a response to a release or threatened release of a hazardous substance which, had such response occurred within the United States, would constitute-- ``(I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 and 9606); or ``(II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106. ``(iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. ``(iv) Any waste being used solely as feedstock for the purpose of alternative energy production. ``(v) Any medical waste that is segregated from or not mixed with solid waste. ``(vi) Solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation.''. SEC. 3. INFORMATION TO BE PROVIDED TO CUSTOMS. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations requiring each importer of foreign municipal solid waste (as defined section 13031(c) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(c))) to provide, with respect to each truck carrying foreign municipal solid waste that enters the customs territory of the United States, the following information: (1) The cubic feet of the foreign municipal solid waste in the truck. (2) The specific type and content of such waste. (3) Any other information the Secretary of Homeland Security deems appropriate. (b) Penalties.--Any person who fails to provide, or falsifies, the information required by this section, or any regulation issued under this section, shall, in addition to any other civil or criminal penalty that may be imposed under title 18, United States Code, under title 42, United States Code, or under any other provision of law, be assessed a civil penalty by the Secretary of Homeland Security of not more than $10,000 for each such failure or falsification.

Stop Canadian Trash Act - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to require the Secretary of the Treasury to charge and collect a $500 fee for the provision of customs services for the arrival of a truck that is transporting foreign municipal solid waste. Defines "municipal solid waste" to mean waste materials discarded for disposal by households or that were generated by commercial, institutional, municipal, or industrial sources, excluding certain hazardous waste, separated recyclable materials, waste being used solely as feedstock for alternative energy production, segregated medical waste, and solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation. Directs the Secretary of Homeland Security (DHS) to require each importer of foreign municipal solid waste to provide, with respect to each truck carrying such waste into U.S. customs territory, the cubic feet, specific type, and content of such waste. Establishes a civil penalty for each failure to provide or falsification of information required by this Act.

A bill to establish customs user fees for commercial trucks transporting foreign municipal solid waste, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm Program Payment Limitations Reform Act of 1993''. SEC. 2. ATTRIBUTION OF PAYMENTS. (a) Paragraph (5)(C) of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308(5)(C)) is amended to read as follows: ``(C) In the case of corporations and other entities included in subparagraph (B), and partnerships, the Secretary shall attribute payments to natural persons in proportion to their ownership interests in an entity and in any other entity, or partnership, which owns or controls the entity, or partnership, receiving such payment.''. (b) Section 609 of the Agricultural Act of 1949 (7 U.S.C. 1471g) is amended by striking subsections (c) and (d) and inserting the following: ``(c) In the case of corporations and other entities included in section 1001(5)(B) of the Food Security Act of 1985, and partnerships, the Secretary shall attribute payments to natural persons in proportion to their ownership interests in such entities and partnerships.''. SEC. 3. REPEAL OF 3-ENTITY RULE. Section 1001A(a)(1) of the Food Security Act of 1985 (7 U.S.C. 1308-1(a)(1) is amended-- (1) in the first sentence by-- (A) striking ``substantial beneficial interests in more than two entities'' and inserting ``a substantial beneficial interest in any other entity''; and (B) striking ``receive such payment as separate persons'' and insert ``receives such payments as a separate person''; and (2) by striking the second sentence. SEC. 4. IMPOSITION OF PERSONAL LABOR REQUIREMENT. Section 1001A(b) of the Food Security Act of 1985 (7 U.S.C. 1308- 1(b)) is amended in subparagraphs (A)(i)(II), (B)(ii), and (C) of paragraph (2) and subparagraph (B) of paragraph (3) by striking ``or active personal management''. SEC. 5. REDUCTION IN WOOL ACT PAYMENT LIMITATION. Subparagraph (D) of section 704(b)(1) of the National Wool Act of 1954 (7 U.S.C. 1783(b)(1)(D)) is amended by striking ``$125,000'' and inserting ``$50,000''. SEC. 6. GENERAL ACCOUNTING OFFICE REVIEW AND REPORT. The Food Security Act of 1985 is amended by adding after section 1001E the following new section: ``SEC. 1001F. GENERAL ACCOUNTING OFFICE REVIEW AND REPORT. ``(a) Review.--The Comptroller General of the United States shall review the implementation of the amendments made by the Farm Program Payment Limitations Reform Act of 1993 to determine whether the payment limitation provisions of this Act and the National Wool Act of 1945 (7 U.S.C. 1781 et seq.), as amended by the Farm Program Payment Limitations Reform Act of 1993, have been implemented to effectively and fairly-- ``(1) require the attribution of payments to individuals; ``(2) prohibit the creation of entities by program participants to garner payments to any individual in amounts greater than those described in sections 1001 through 1001E and section 704(b)(1) of the National Wool Act of 1954 (7 U.S.C. 1783(b)(1)); ``(3) limit payments to any one farm program participant to the amounts described in paragraph (2); ``(4) require the contribution of active personal labor by program participants in order to be eligible for payments under this Act and the National Wool Act of 1945; and ``(5) administer the payment limitation provisions of such Acts. ``(b) Report.--Not later than two years after the date of enactment of this section, and periodically thereafter as he or she determines necessary, the Comptroller General shall submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that describes-- ``(1) the results of the review required under subsection (a); ``(2) any information available to the Comptroller General that any individual, farming operation, or entity is receiving payments in excess of the amounts described in sections 1001 through 1001E and section 704(b)(1) of the National Wool Act of 1954, including-- ``(A) the number and dollar value of payments described in section 1001(1)(A) or in section 704 of the National Wool Act of 1954 made to any natural persons, entities, and farming operations, by State and commodity, that exceeded the payment limitation in such section and an explanation of why the payment limitation was exceeded; ``(B) for any commodity for which a marketing loan is in effect, the number and dollar value of any gain realized, plus forfeitures, by natural persons, entities, and farming operations, by State and commodity, that exceeded the payment limitation in section 1001(1)(B) and an explanation of why the payment limitation was exceeded; and ``(C) the number and dollar value of total payments set forth under section 1001(2)(B) made to natural persons, entities, and farming operations, by State and commodity, that exceeded the payment limitation in section 1001(2)(A) and an explanation of why the payment limitation was exceeded; ``(3) any other information that the Comptroller General determines appropriate to assist in the oversight of the implementation of the payment limitations described in subsection (a); and ``(4) the recommendations of the Comptroller General for the effective and fair implementation of the payment limitation provisions of such Acts to-- ``(A) address the matters described in subsection (a); ``(B) enforce the payment limitations described in paragraph (2); and ``(C) effectively and fairly administer the commodity programs established under the Agricultural Act of 1949 and the National Wool Act of 1954.''.

Farm Program Payment Limitations Reform Act of 1993 - Amends the Food Security Act of 1985 to revise specified farm program limitations, including repeal of the three-entity rule. Amends the National Wool Act of 1954 to reduce annual wool or mohair payment limitations. Amends the Food Security Act of 1985 to direct the General Accounting Office to review the implementation of the payment revisions made by this Act.

Farm Program Payment Limitations Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Principal Reduction Act of 2012''. SEC. 2. PRINCIPAL REDUCTION OF MORTGAGES OWNED OR GUARANTEED BY FANNIE MAE AND FREDDIE MAC. (a) Program Authority.-- (1) In general.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to provide for the reduction of the outstanding principal balances on qualified mortgages on single-family housing owned or guaranteed by such enterprise through reduction of such principal balances, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. (2) Requirement to reduce principal pursuant to request.-- Each such program shall require the reduction of principal on a qualified mortgage upon the request of the mortgagor made to the enterprise and a determination by the enterprise that the mortgage is a qualified mortgage. (b) Qualified Mortgage.--For purposes of this section, the term ``qualified mortgage'' means a mortgage, without regard to whether the mortgagor is current or in default on payments due under the mortgage, that-- (1) is an existing first mortgage that was made for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as the principal residence of the mortgagor; (2) is owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (3) was originated on or before the date of the enactment of this Act; (4) has a principal balance that exceeds the value of the dwelling subject to the mortgage by more than 20 percent; and (5) has been determined to be net present value positive for the enterprise that owns or guarantees such mortgage, pursuant to the application of the net present value model identified in subsection (m)(3) that results in the expected net present value of reducing principal on the mortgage exceeding the net present value of foreclosing on such mortgage. (c) Principal Reduction on Qualified Mortgages.--To reduce principal on a qualified mortgage under a program of an enterprise under this section, the enterprise shall-- (1) reduce the principal for the qualified mortgage to an amount that results in a loan-to-value ratio for the mortgage of not more than 90 percent; (2) require that if the dwelling subject to the qualified mortgage that has had its principal reduced under the program is sold by any process other than a foreclosure sale or short sale, to the extent that such property appreciates in value, the mortgagor shall provide not less than one-third of the amount of such appreciation to the enterprise; and (3) recover from the mortgagor under the qualified mortgage that has had its principal reduced under the program, if such mortgage subsequently enters foreclosure, an amount equal to the difference between the sales price at foreclosure sale of the dwelling subject to such mortgage and the amount of the outstanding principal balance on mortgage immediately before such principal reduction. (d) Streamlined Process.--To the maximum extent possible, each enterprise shall-- (1) limit the amount of paperwork required from a mortgagor to receive a principal reduction under the program established under this section by the enterprise; and (2) endeavor to complete the principal reduction for a qualified mortgage pursuant to the mortgagor's request not later than 30 days after receiving such request from the mortgagor. (e) Prohibition on Borrower Fees.--Neither the servicer conducting the principal reduction on behalf of the enterprise nor the enterprise may charge the mortgagor any fee, including any fee for any appraisal notwithstanding that such appraisal is required to determine the value of the dwelling subject to the qualified mortgage, for the reduction of principal of the qualified mortgage under the program under this section of the enterprise. All fees and penalties related to any default or delinquency on such qualified mortgage shall be waived or forgiven. (f) Fee to Servicer.--For each qualified mortgage of an enterprise for which the servicer of the qualified mortgage provides a principal reduction pursuant to the program under this section of the enterprise, the enterprise shall pay to the servicer a fee not exceeding $1,000. (g) Tax Treatment.--The reduction of principal taken on a qualified mortgage under a program under this section shall not result in any tax liability for the mortgagor under such mortgage. (h) Maintenance of Lien Status.--Any reduction of principal taken with respect to a first mortgage under a program under this section shall not impair the priority status of liens on the dwelling subject to the mortgage, to the extent that there are no additional funds advanced to the mortgagor in connection with such principal reduction. (i) Maintenance of Loan Status.--Any reduction of principal taken with respect to a qualified mortgage under a program under this section shall not result in the treatment of the modified loan as a new loan. (j) Second Liens.--The Director shall encourage the modification of second liens on dwellings that are subject to mortgages for which principal reductions are taken under the programs under this section by implementing remedial actions on servicers that service mortgages owned or guaranteed by the enterprises and own second liens that are not modified following a request by the Director upon a reduction of principal of the mortgage owned by the enterprise. Upon termination of any servicing contracts with such servicers, the Director shall take remedial actions with respect to such servicers, which may include-- (1) cancelling servicing rights of mortgages owned by the enterprises; (2) reducing compensation to any such servicer; or (3) taking such other actions, consistent with applicable law, as the Director determines is appropriate. (k) Restrictions on Compensation.--The Director may not approve bonus compensation that exceeds the base compensation for any executive or senior executive of an enterprise, unless the aggregate number of qualified mortgages for which principal reductions have been taken pursuant to the program under this section of such enterprise exceeds 1,000,000. (l) Rule of Construction.--Any reduction of principal of a qualified mortgage of an enterprise under a program under this section shall be considered consistent with the mission of any conservator of the enterprises as such mission is described in section 1367(b)(2)(D) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4617(b)(2)(D)). (m) Definitions.--For purposes of this section, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (3) Net present value.--The term ``net present value'' means the net present value as determined under the model specified in Supplemental Directive 09-01 for the Home Affordable Modification Program of the Department of the Treasury and any updates thereto. (n) Regulations.--The Director shall issue any regulations or guidance necessary to carry out the programs required under this section not later than the expiration of the 6-month period that begins on the date of the enactment of this Act. (o) Termination.--The requirement under subsection (a)(2) for an enterprise to forgive principal on a qualified mortgage shall not apply with respect to any request for principal reduction made after the expiration of the 12-month period that begins on the earlier of-- (1) the date that any regulations or guidance issued pursuant to subsection (n) take effect; or (2) the expiration of the 6-month period identified in subsection (n).

Principal Reduction Act of 2012 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government sponsored enterprises or GSEs) each to carry out a program to reduce the outstanding principal balances on qualified mortgages on single-family housing they own or guarantee. Directs a GSE, under its program, to: (1) reduce the principal of a mortgage to an amount resulting in a mortgage loan-to-value ratio of not more than 90%; (2) require a mortgagor, if the dwelling for which the mortgage principal has been reduced is sold by any process other than a foreclosure sale or short sale, to pay the GSE at least one-third of any appreciation in value; and (3) recover from the mortgagor, if a mortgage whose principal has been reduced subsequently enters foreclosure, the difference between the foreclosure sales price and the outstanding principal balance on the mortgage immediately before the principal reduction. Prohibits the charging of borrowers fees by either a GSE or a servicer conducting a principal reduction on behalf of a GSE. Requires a GSE to pay any servicer a fee of up to $1,000 for reducing a mortgage principal under the program. Directs the Director of Federal Housing Finance Agency (FHFA) to encourage the modification of second liens on dwellings on which the mortgage principal is reduced under this Act. Prohibits the Director from approving bonus compensation that exceeds the base compensation that exceeds the base compensation for any GSE executive or senior executive unless the aggregate number of qualified mortgages for which principal reductions have been taken pursuant to the program under this Act exceeds 1 million.

To prevent foreclosure of, and provide for the reduction of principal on, mortgages held by Fannie Mae and Freddie Mac.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission to Eliminate Waste in Government Act''. SEC. 2. ESTABLISHMENT. There is established a commission known as the National Commission to Eliminate Waste in Government (in this Act referred to as the ``Commission''). SEC. 3. DUTIES. (a) In General.--It shall be the duty of the Commission-- (1) to conduct a private sector survey on management and cost control in the Federal Government; (2) to conduct in-depth reviews of the operations of the executive agencies; (3) to review existing Government Accounting Office (GAO), Congressional Budget Office (CBO), Inspector General reports, and other existing governmental and nongovernmental recommendations for reducing waste including recommendations from the President's Private Sector Survey on Cost Control, and, based on this review, to periodically submit a report to the President and Congress a list of such recommendations with estimated savings the Commission determines are most significant and to include in the report a determination of whether the recommendation can be implemented by Executive order or whether it requires legislative action; and (4) to submit to the President and the Congress recommendations for improving the budget process and management and for reducing waste and costs in the Federal Government. (b) Particular Areas To Be Examined.--In fulfilling the duties described in subsection (a), the Commission shall identify and address-- (1) opportunities for increased efficiency and reduced costs in the Federal Government that can be realized by Executive action or legislation; (2) areas in the Federal Government where managerial accountability can be enhanced and administrative control can be improved; (3) specific Federal programs that have accomplished their objectives and ought to be terminated; (4) specific Federal program services that could be provided at a lower cost by the private sector; (5) specific reforms of the budget process that would yield savings, increase accountability and efficiency, and enhance public confidence in the budget process; and (6) specific areas in the Federal Government where further study can be justified by potential savings. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 12 members who are not officers or employees of any government and who are especially qualified to serve on the Commission by virtue of their education, training, or experience. Not more than 6 members of the Commission shall be of the same political party. The members shall be appointed as follows: (1) Four individuals appointed by the President, not more than two from the same political party. (2) Three individuals appointed by the Speaker of the House of Representatives, not more than two from the same political party. (3) One individual appointed by the minority leader of the House of Representatives. (4) Three individuals appointed by the majority leader of the Senate, not more than two from the same political party. (5) One individual appointed by the minority leader of the Senate. (b) Continuation of Membership.--If an individual is appointed to the Commission, and later becomes an officer or employee of a government, such individual may continue as a member of the Commission for not longer than the 30-day period beginning on the date such individual becomes such an officer or employee. (c) Appointment of Members.--Appointments shall be made within 30 days of the date of the enactment of this Act. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Vacancies.--A vacancy in the Commission shall be filled within 30 days in the manner in which the original appointment was made. (f) Compensation; Rates of Pay.--Members of the Commission shall serve without pay. (g) Quorum.--Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (h) Chairperson.--The Chairperson of the Commission shall be elected by the members from among the members. (i) Meetings.--The Commission shall meet at least once each month at the call of the Chairperson of the Commission. SEC. 5. STAFF AND SUPPORT SERVICES. (a) Director.--The Commission shall have a Director appointed by the Chairperson of the Commission and paid a rate determined by the Commission. (b) Staff.--With the approval of the Commission, the Director of the Commission may appoint personnel as the Director considers appropriate. SEC. 6. POWERS. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Delegation of Authority.--Any Member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of the Federal agency shall furnish the information to the Commission. (d) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies or services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORTS. (a) Periodic Reports.--Pursuant to section 3(a)(3) the Commission shall issue periodic reports to the President and the Congress. (b) Final Report.--Not later than the expiration of the 24-month period beginning on the date of enactment of this Act, the Commission shall submit to the President and the Congress a final report setting forth the finding and conclusions of the Commission and specific recommendations for legislative and administrative actions that the Commission determines to be appropriate. SEC. 8. TERMINATION. The Commission shall terminate not later than the expiration of the 30-day period beginning on the date on which the Commission submits its final report under section 7(b). SEC. 9 FUNDING AND SUPPORT. The Commission is to be funded, staffed and equipped, by the private sector without cost to the Federal Government. To accomplish this objective, it is expected that the Secretary of Commerce will engage in a joint project with a nonprofit organization pursuant to the first section of Public Law 91-412 (15 U.S.C. 1525) for the purpose of providing support for the Commission.

National Commission to Eliminate Waste in Government Act - Establishes the National Commission to Eliminate Waste in Government (Commission) to: (1) conduct a private sector survey on management and cost control in the Federal Government; (2) conduct in-depth reviews of the operations of the executive agencies; (3) review existing Government Accounting Office, Congressional Budget Office, and Inspector General reports, and other existing governmental and nongovernmental recommendations for reducing waste, including recommendations from the President's Private Sector Survey on Cost Control, and, based on this review, to periodically submit a report to the President and the Congress a list of such recommendations with estimated savings the Commission determines are most significant and to include in the report a determination of whether the recommendation can be implemented by Executive order or whether it requires legislative action; and (4) submit to the President and the Congress recommendations for improving the budget process and management and for reducing waste and costs in the Federal Government. Sets forth the particular areas to be examined by the Commission. Mandates a final report by the Commission to the President and the Congress. Requires the Commission to be funded, staffed, and equipped by the private sector without cost to the Federal Government. States that, to accomplish this objective, it is expected that the Secretary of Commerce will engage in a joint project with a nonprofit organization pursuant to Public Law 91-412 for the purpose of providing support for the Commission.

National Commission to Eliminate Waste in Government Act

SECTION 1. DEPUTY ADMINISTRATORS. (a) Deputy Administrator for Science and Technology.-- (1) Appointment.--The President shall appoint, by and with the advice and consent of the Senate, a Deputy Administrator for Science and Technology of the Environmental Protection Agency. (2) Responsibilities.--The Deputy Administrator for Science and Technology shall have overall responsibility for the scientific and technical foundation of Environmental Protection Agency decisions, including being responsible for-- (A) identifying and defining the important scientific issues facing the Environmental Protection Agency, including those embedded in major policy or regulatory proposals; (B) developing and overseeing an integrated agencywide strategy for acquiring, disseminating, and applying information; (C) ensuring that the complex scientific outreach and communication needs of the Environmental Protection Agency are met, including the need to reach throughout the Agency for credible science in support of the regulatory offices, regions, and Agency-wide policy deliberations, as well as the need to reach out to the broader domestic and international scientific community for scientific knowledge that is relevant to an Agency policy or regulatory issue; (D) coordinating and overseeing scientific quality assurance and peer review practices throughout the Environmental Protection Agency; and (E) developing processes to ensure that appropriate scientific information is used in decisionmaking throughout the Environmental Protection Agency, and ensuring that the scientific and technical information underlying each Environmental Protection Agency regulatory decision is valid, appropriately characterized in terms of scientific uncertainty and cross-media issues, and appropriately applied. (3) Qualifications.--An individual appointed under paragraph (1) shall have an outstanding technical background, including research accomplishments, scientific reputation, and experience in public forums. (4) Consultation.--Before appointing an individual under paragraph (1), the President shall consult with the National Academy of Sciences, the National Academy of Engineering, the Science Advisory Board of the Environmental Protection Agency, and other appropriate scientific organizations. (5) Compensation.--The Deputy Administrator for Science and Technology shall be compensated at the rate provided for level III of the Executive Schedule pursuant to section 5314 of title 5, United States Code. (b) Deputy Administrator for Policy and Management.--The position of Deputy Administrator of the Environmental Protection Agency shall be redesignated as the Deputy Administrator for Policy and Management, and the individual serving in that position as of the date of the enactment of this Act shall assume such title. (c) Conforming Amendment.--Section 5314 of title 5, United States Code, is amended by striking the item relating to the Deputy Administrator of the Environmental Protection Agency and inserting the following: ``Deputy Administrator for Policy and Management of the Environmental Protection Agency. ``Deputy Administrator for Science and Technology of the Environmental Protection Agency.''. SEC. 2. ASSISTANT ADMINISTRATOR FOR RESEARCH AND DEVELOPMENT. (a) Title and Term.--One of the Assistant Administrators of the Environmental Protection Agency shall be designated as the Assistant Administrator for Research and Development, and shall also have the title of Chief Scientist of the Environmental Protection Agency. Appointments to such position made after the date of the enactment of this Act shall be for a term of 6 years. (b) Qualifications.--An individual appointed under subsection (a) shall have an outstanding technical background, including research accomplishments, scientific reputation, and experience in leading a research and development organization. SEC. 3. SENSE OF CONGRESS CONCERNING OTHER ACTIVITIES OF OFFICE OF RESEARCH AND DEVELOPMENT. It is the sense of Congress that-- (1) the Office of Research and Development should-- (A) make a concerted effort to give research managers of the Office a high degree of flexibility and accountability, including empowering the research managers to make decisions at the lowest appropriate management level consistent with the policy of the Environmental Protection Agency and the strategic goals and budget priorities of the Office; (B) maintain approximately an even balance between core research and problem-driven research; (C) develop and implement a structured strategy for encouraging, and acquiring and applying the results of, research conducted or sponsored by other Federal and State agencies, universities, and industry, both in the United States and in foreign countries; and (D) substantially improve the documentation and transparency of the decisionmaking processes of the Office for-- (i) establishing research and technical- assistance priorities; (ii) making intramural and extramural assignments; and (iii) allocating funds; and (2) the Administrator of the Environmental Protection Agency should-- (A) substantially increase the efforts of the Agency-- (i) to disseminate actively the research products and ongoing projects of the Office of Research and Development; (ii) to explain the significance of the research products and projects; and (iii) to assist other persons and entities inside and outside the Agency in applying the results of the research products and projects; (B)(i) direct the Deputy Administrator for Science and Technology to expand on the science inventory of the Agency by conducting, documenting, and publishing a more comprehensive and detailed inventory of all scientific activities conducted by Agency units outside the Office, which inventory should include information such as-- (I) project goals, milestones, and schedules; (II) principal investigators and project managers; and (III) allocations of staff and financial resources; and (ii) use the results of the inventory to ensure that activities described in clause (i) are properly coordinated through the Agency-wide science planning and budgeting process and are appropriately peer reviewed; and (C) change the peer-review policy of the Agency to more strictly separate the management of the development of a work product from the management of the peer review of that work product, thereby ensuring greater independence of peer reviews from the control of program managers, or the potential appearance of control by program managers, throughout the Agency.

Redesignates the EPA Deputy Administrator as the Deputy Administrator for Policy and Management. Designates one of the EPA Assistant Administrators as the Assistant Administrator for Research and Development and Chief Scientist. Expresses the sense of Congress concerning: (1) EPA Office of Research and Development flexibility and accountability, balance between types of research, application of research conducted by others, and documentation and transparency of decisionmaking; and (2) EPA research dissemination and application, expansion of a science inventory, and peer review policy.

To provide for the establishment of a position of Deputy Administrator for Science and Technology of the Environmental Protection Agency, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Digital Security and Commerce Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States is the world leader in technology, encryption, and computer security. (2) The United States Government, through the expert work of the National Institute of Standards and Technology (referred to in this section as ``NIST'') and the Information Assurance Directorate of the National Security Agency, plays a vital role in developing the tools that keep global electronic communications secure. (3) The United States Government should actively promote privacy and computer security. Allegations that entities within the United States Government seek to undermine the security of encryption standards or commercial products weaken privacy and erode trust in the United States Government and in products from the United States. (4) The actions described in paragraph (3) may take a serious toll on the United States economy. The Information Technology and Innovation Foundation has predicted that United States companies may lose 10 percent of the cloud computing market to overseas competitors due to surveillance and security concerns, a loss that could amount to not less than $35,000,000,000 in lost sales by 2016. (5) The cryptographic expertise of NIST is recognized around the world, but widespread adoption of the robust encryption standards that NIST develops depends on trust. (6) To promote privacy protection and restore trust in the encryption standards of the United States and hardware and software from the United States, the United States Government should be prohibited from undermining the security of the United States technologies on which global commerce relies. SEC. 3. FEDERAL INFORMATION SECURITY MANAGEMENT. (a) Director of OMB Requirement.--Section 3543(a)(3) of title 44, United States Code, is amended-- (1) by striking ``assure, to the maximum extent feasible'' and inserting the following: ``assure-- ``(A) to the maximum extent feasible,''; (2) by inserting ``and'' after the semicolon; and (3) by adding at the end the following: ``(B) that any agency or office described in subparagraph (A) does not intentionally weaken, circumvent, undermine, or create any mechanism through which any agency or office of the Federal Government may bypass, the privacy, security, or encryption protections included in any standard or guideline;''. (b) Requirement for NIST Consultees.-- (1) In general.--Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) is amended-- (A) by redesignating subsection (e) as subsection (f); and (B) by inserting after subsection (d) the following: ``(e) Each agency or office that the Institute consults with under subsection (c)(1) may not intentionally weaken, circumvent, undermine, or create any mechanism through which any agency or office of the Federal Government may bypass, the privacy, security, or encryption protections included in any standard or guideline required under subsection (a) or (b).''. (2) Technical and conforming amendments.--Section 22 of the National Institute of Standards and Technology Act (15 U.S.C. 278h) is amended-- (A) in subsection (a)(2), by striking ``Computer System Security and Privacy Advisory Board under section 20(f)'' and inserting ``Information Security and Privacy Advisory Board under section 21''; and (B) in subsection (e)(1), by striking ``Computer System Security and Privacy Advisory Board'' and inserting ``Information Security and Privacy Advisory Board under section 21''. SEC. 4. SECURITY OF COMPUTER HARDWARE, COMPUTER SOFTWARE, AND ELECTRONIC DEVICES. (a) Definitions.--In this section-- (1) the terms ``agent of a foreign power'' and ``foreign power'' have the meaning given those terms in section 101(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); (2) the term ``covered person''-- (A) means an individual, partnership, association, joint stock company, trust, or corporation; and (B) does not include a foreign power or an agent of a foreign power; (3) the term ``covered product'' means any computer hardware, computer software, or electronic device that is made available to the general public; and (4) the term ``element of the intelligence community'' means an element of the intelligence community specified in or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). (b) Security of Covered Products.-- (1) Prohibitions.-- (A) Prohibition on interception.--Except as provided in paragraph (2), an agency or department of the Federal Government may not intercept any shipment of covered products for the purpose of intentionally introducing into the covered products a mechanism or device that would allow an agency or department of the Federal Government to circumvent the privacy, security, or encryption protections of the covered products. (B) Prohibition on requiring or contracting for installation of devices.--Except as provided in paragraph (2), an element of the intelligence community may not require, or contract with, a manufacturer or developer of covered products to place a mechanism or device into a covered product that would allow any agency or department of the Federal Government to circumvent any privacy, security, or encryption protections of the covered product. (2) Exception for lawful surveillance activities under court order.--The prohibitions under paragraph (1) shall not apply to a lawful surveillance activity conducted pursuant to a court order issued under-- (A) chapter 119, 121, or 206 of title 18, United States Code; or (B) the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), except section 702 of that Act (50 U.S.C. 1881a). (c) Enforcement.-- (1) Authorization of civil action.--A covered person that suffers an injury proximately caused by a violation of subsection (b) may bring a civil action against the United States in a district court of the United States to recover money damages in accordance with paragraph (2) of this subsection. (2) Amount of damages.--A court, in awarding money damages to a covered person in a civil action brought under this subsection, shall award-- (A) an amount that is the greater of-- (i) the amount of actual damages; or (ii) $10,000; and (B) reasonable costs, including reasonable attorney's fees. (3) Exclusive remedy.--A civil action against the United States under this subsection shall be the exclusive remedy against the United States for a violation of subsection (b). (4) Reimbursement of award.--An agency or department of the United States, including an element of the intelligence community, shall deposit into the general fund of the Treasury of the United States an amount equal to any amount awarded under paragraph (2), for a violation of subsection (b) by the agency or department, out of any appropriation, fund, or other account (excluding any part of such appropriation, fund, or account that is available for the enforcement of any Federal law) that is available for the operating expenses of the agency or department. (5) Defense of good faith reliance.--The United States shall not be liable to a covered person in a civil action brought under this subsection based on any action taken by an individual acting on behalf of an agency or department of the United States, including an element of the intelligence community, if the individual acted in a good faith reliance on a court order, a grand jury subpoena, or a legislative authorization under-- (A) chapter 119, 121, or 206 of title 18, United States Code; or (B) the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), except section 702 of that Act (50 U.S.C. 1881a).

American Digital Security and Commerce Act of 2014 - Requires the Director of the Office of Management and Budget (OMB), in coordinating standards and guidelines under the National Institute of Standards and Technology Act with agencies and offices operating or exercising control of national security systems (including the National Security Agency [NSA]), to assure that such agencies or offices do not intentionally weaken, circumvent, undermine, or create any mechanism through which a federal agency may bypass the privacy, security, or encryption protections included in any standard or guideline. Prohibits agencies and offices that consult with the National Institute of Standards and Technology (NIST) on information security policies from undermining such protective mechanisms. Prohibits federal agencies from intercepting shipments of computer or electronic products for the purpose of intentionally introducing into the products a mechanism or device that would allow a federal agency to circumvent a product's privacy, security, or encryption protections. Bars elements of the intelligence community from requiring, or contracting with, a manufacturer or developer of such products to place such a mechanism or device into its products. Exempts from such mechanism placement prohibitions certain lawful surveillance activities pursuant to a court order under specified provisions of the federal criminal code or the Foreign Intelligence Surveillance Act of 1978 (except with respect to procedures for targeting persons outside the United States other than U.S. persons). Permits persons (including certain associations and corporations, but excluding foreign powers) who suffer an injury relating to a mechanism placed into product to bring a civil action against the United States to recover money damages.

American Digital Security and Commerce Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``China Fair Trade Act of 2010''. SEC. 2. RECIPROCAL COMPETITIVE TRADE PRACTICES. (a) In General.--Section 302(a)(2) of the Trade Agreements Act of 1979 (19 U.S.C. 2512(a)(2)) is amended to read as follows: ``(2) Exceptions.-- ``(A) In general.--Paragraph (1) shall not apply in the case of procurements for which-- ``(i) there are no offers of products or services of the United States or of eligible products; or ``(ii) the offers of products or services of the United States or of eligible products are insufficient to fulfill the requirements of the United States Government. ``(B) Special rule with respect to the people's republic of china.--Subparagraph (A) shall not apply in the case of procurements of products or services of the People's Republic of China.''. (b) Waiver.--Section 302(b) of the Trade Agreements Act of 1979 (19 U.S.C. 2512(b)) is amended in the matter preceding paragraph (1), by inserting ``, except in the case of the People's Republic of China,'' before ``may''. SEC. 3. REQUIREMENTS TO BUY CERTAIN ITEMS FROM AMERICAN SOURCES. (a) Buy American Act.-- (1) American materials required for public use.--Section 2(a) of the Buy American Act (41 U.S.C. 10a(a)) is amended by inserting after the second sentence the following: ``The exceptions in the previous two sentences shall not apply with respect to articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the People's Republic of China until such time as China becomes a party to the Agreement on Government Procurement (described in section 101(d)(17) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)).''. (2) Contract specifications.--Section 3(a) of the Buy American Act (41 U.S.C. 10b(a)) is amended by striking ``exception.'' and inserting ``exception: Provided further, That such an exception may not permit the use of articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the People's Republic of China until such time as China becomes a party to the Agreement on Government Procurement (described in section 101(d)(17) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)).''. (3) Reports.--Section 2(b)(2)(A) of the Buy American Act (41 U.S.C. 10a(b)(2)(A)) is amended by inserting before the semicolon the following: ``and the country in which such articles, materials, or supplies were manufactured''. (b) Defense Contracts for Certain Articles.--Section 2533a of title 10, United States Code, is amended by adding at the end the following new subsection: ``(l) Inapplicability of Exceptions to Articles From the People's Republic of China.--The exceptions to the requirement in subsection (a) provided under subsections (c) through (h) shall not apply with respect to items grown, reprocessed, reused, or produced in the People's Republic of China until such time as China becomes a party to the Agreement on Government Procurement (described in section 101(d)(17) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)).''. (c) Requirements To Use American Iron, Steel, and Manufactured Goods Under the American Recovery and Reinvestment Act of 2009.-- Section 1605 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 303) is amended by adding at the end the following new subsection: ``(e) The exceptions in subsection (b) shall not apply with respect to iron, steel, and manufactured goods from the People's Republic of China until such time as China becomes a party to the Agreement on Government Procurement (described in section 101(d)(17) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)).''. SEC. 4. REPORT ON PRODUCTIVE CAPACITY OF THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Not later than 180 days, the Secretary of Commerce shall submit to Congress a report on the productive capacity of the major industrial sectors in the People's Republic of China. (b) Contents.--The report required by subsection (a) shall include an assessment of any steps taken by the Government of the People's Republic of China to develop, expand, retract, or otherwise alter the productive capacity of the sectors identified in the report. SEC. 5. REPORT ON SUBSIDIES PROVIDED BY THE PEOPLE'S REPUBLIC OF CHINA FOR RENEWABLE ENERGY PRODUCTS AND TECHNOLOGY. (a) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy, in consultation with other appropriate agencies, shall report to Congress regarding the policies of the Government of the People's Republic of China with respect to, and the subsidies provided by the People's Republic of China for, the development and exportation of renewable energy products and technologies. The report shall include an analysis of the impact of the policies and subsidies on United States manufacturers of renewable energy products and technologies. (b) Definitions.-- (1) Renewable energy.--The term ``renewable energy'' means energy generated by a renewable energy resource. (2) Renewable energy product or technology.--The term ``renewable energy product or technology'' means any product, technology, or component of a product used in the development or production of renewable energy. (3) Renewable energy resource.--The term ``renewable energy resource'' means-- (A) solar, wind, ocean, tidal, hydrokinetic, or geothermal energy; (B) biofuel, biomass, or hydropower; or (C) any other renewable energy resource, as determined by the Secretary of Energy.

China Fair Trade Act of 2010 - Amends the Trade Agreements Act of 1979 to provide that certain exceptions and waivers to the prohibition on the procurement of the products of a country that is not a party to the Agreement on Government Procurement shall not apply with respect to the procurements of products or services of the People's Republic of China. Amends the Buy American Act to declare that certain exceptions to the Act requiring only U.S. materials be used for public use shall not apply to the procurement of Chinese made products until China becomes a party to the Agreement. Declares that certain exceptions to Buy American requirements shall not apply to the procurement of Chinese products by the Department of Defense (DOD) until China becomes a party to such Agreement. Amends the American Recovery and Reinvestment Act of 2009 to declare that certain exceptions to Buy American requirements under such Act shall not apply to the procurement of Chinese steel and products until China becomes a party to the Agreement. Requires the Secretary of Commerce to report to Congress on the productive capacity of the major industrial sectors in China. Directs the Secretary of Energy to report to Congress on: (1) Chinese policies and the subsidies China provides in the development and exportation of renewable energy products and technologies; and (2) the impact such policies and subsidies have on U.S. manufacturers of such products and technologies.

A bill to prohibit the purchases by the Federal Government of Chinese goods and services until China agrees to the Agreement on Government Procurement, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Piracy Act of 1998''. SEC. 2. IDENTITY THEFT AND DECEPTIVE ASSUMPTION. (a) Establishment of Offense.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1036. Identity theft and deceptive assumption ``(a) Prohibition.--Whoever knowingly and with intent to deceive or defraud-- ``(1) obtains or transfers, or attempts to obtain or transfer, any personal identifier, identification device, personal information or data, or other document or means of identification of any other entity or person; ``(2) possesses or uses, or attempts to possess or use, any personal identifier, identification device, personal information or data, or other document or means of identification of any entity or person; or ``(3) assumes or uses, or attempts to assume or use, the identity of any other entity or person; shall, if the offense affects interstate or foreign commerce, be punished as provided in subsection (c) of this section. ``(b) Conspiracy.--Whoever is a party to a conspiracy of 2 or more persons to commit an offense under subsection (a), if any of the parties engages in any conduct in furtherance of such offense, shall be fined an amount not greater than the amount provided as the maximum fine for such offense under subsection (c) of this section or imprisoned not longer than one-half the period provided as the maximum imprisonment for such offense under subsection (c) of this section, or both. ``(c) Punishment; Restitution.-- ``(1) Punishment.--The punishment for an offense under subsection (a) or (b) is a fine under this title or imprisonment for not more than 20 years, or both. ``(2) Restitution.--In sentencing any defendant convicted of an offense under this section, the court may order, in addition to or in lieu of any other penalty authorized by law, that the defendant make restitution to any victim of the offense. Such restitution may include payment for any costs, including attorney's fees, incurred by any victim in clearing any credit history or rating relating to the victim, as well as any civil or administrative proceeding required to clear any debt, lien, or other obligation arising as a result of the defendant's activity. ``(d) Investigative Authority.--In addition to any other agency having such authority, the United States Secret Service may investigate any offense under this section, except that the exercise of investigative authority under this paragraph shall be subject to the terms of an agreement, which shall be entered into by the Secretary of the Treasury and the Attorney General. ``(e) Definitions.--As used in this section-- ``(1) the term `means of identification' means any name or number that may be used, alone or in conjunction with any other information, to assume the identity of an individual, including any-- ``(A) personal identification card (as that term is defined in section 1028); or ``(B) access device, counterfeit access device, or unauthorized access device (as those terms are defined in section 1029); ``(2) the term `personal identifier' means-- ``(A) a name, social security number, date of birth, official State or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, or any access device (as that term is defined in section 1029); ``(B) any unique biometric data, such as a fingerprint, voice print, retina or iris image, or other unique physical representation; ``(C) any unique electronic identification number, address, or routing code; or ``(D) any other means of identification not lawfully issued to the user; ``(3) the term `identification device' means any physical, mechanical, or electronic representation of a personal identifier or any personal information or data; and ``(4) the term `personal information or data' means any information that, when used in conjunction with a personal identifier or identification device, would facilitate a misrepresentation or assumption of the identity of another.''. (b) Seizure and Forfeiture.--Section 80302(a) of title 49, United States Code, is amended-- (1) in paragraph (5), by striking `or' at the end; (2) in paragraph (6), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(7) an identification document, false identification document, or a document-making implement (as those terms are defined in sections 1028 and 1029 of title 18) involved in a violation of section 1028 or 1029 of title 18; ``(8) a counterfeit access device, device-making equipment, or scanning receiver (as those terms are defined in sections 1028 and 1029 of title 18); or ``(9) a means of identification (as that term is defined in section 1036) involved in a violation of section 1036.''. (c) Annual Reporting of Identity Theft and Assumption Information.--Beginning not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury shall collect and maintain information and statistical data relating to-- (1) the number of identity fraud offenses investigated under section 1036 of title 18, United States Code; (2) the number of prosecutions and convictions under section 1036 of title 18, United States Code; (3) any information provided to the Department of the Treasury by State and local law enforcement agencies relating to the investigation of identity fraud offenses; and (4) any information provided to the Department of the Treasury by financial institutions relating to identity fraud or the financial consequences of identity fraud offenses. (d) Identity Fraud Study.--Within 1 year after the date of the enactment of this Act, the Secretary of the Treasury, in conjunction with the Chairperson of the Federal Trade Commission, shall complete a comprehensive study of the extent, nature, and causes of identity fraud, and the threats posed to the Nation's financial institutions and payment systems, and consumer safety and privacy, and submit to Congress specific legislative recommendations to address these matters. (e) Clerical Amendment.--The table of sections at the beginning of chapter 47 of title 18, United States Code, is amended by adding at the end the following new item: ``1036. Identity theft and deceptive assumption.''.

Identity Piracy Act of 1998 - Amends the Federal criminal code to prohibit identity fraud. Imposes penalties upon anyone who in interstate or foreign commerce, knowingly and with intent to deceive or defraud: (1) obtains or transfers, or possesses or uses, any personal identifier, identification device, personal information or data, or other document or means of identification of any other entity or person; (2) assumes or uses the identity of any other entity or person; or (3) attempts or conspires with another person to commit such offense. Authorizes the court to order the defendant to make restitution to any victim, which may include payment for costs, including attorney's fees, incurred by any victim in clearing any credit history or rating relating to the victim, as well as costs incurred in any civil or administrative proceeding required to clear any debt, lien, or other obligation arising as a result of the defendant's activity. Authorizes the United States Secret Service to investigate any such offense, subject to the terms of an agreement to be entered into by the Secretary of the Treasury and the Attorney General. Includes within the definition of "contraband" (subject to forfeiture) specified equipment pertaining to identity fraud. Directs the Secretary to: (1) collect and maintain certain information and statistical data relating to identity fraud; and (2) complete a comprehensive study of the extent, nature, and causes of identity fraud and the threats posed to the Nation's financial institutions and payment systems and consumer safety and privacy; and (3) submit to the Congress specific legislative recommendations.

Identity Piracy Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Education Employee Benefit Act of 2002''. SEC. 2. AUTHORITY TO MAKE GRANTS. The Secretary of Health and Human Services may make grants on a competitive basis, and payable during a period of not less than 2 years and not more than 5 years, to eligible States and political subdivisions of States-- (1) to establish innovative partnerships with private partners to reduce the cost incurred by employees and union members to obtain early education (including child care, preschool, and other early childhood programs), or (2) to assist private partners to pay part of the cost of acquiring, building, and renovating physical premises to be used as new early education facilities. SEC. 3. ELIGIBILITY OF STATES AND POLITICAL SUBDIVISIONS OF STATES TO RECEIVE GRANTS. To be eligible to receive a grant under section 2, a State or a political subdivision of a State shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require by rule, including-- (1) the agency designated by the State, or the political subdivision of a State, to serve as the lead agency that will administer such grant, (2) a description of the program such applicant intends to carry out with such grant, (3) a description of the source, and increasing annual amount, of the funds such applicant will use to pay the non- Federal share of the cost to carry out such program during a period not less than 2 years and not more than 5 years, and (4) an agreement that such State or such political subdivision-- (A) will contribute (from non-Federal funds) to carry out such program, an amount equal to 50 percent of the amount of such grant, (B) will not require a private partner to offer on- site early education as a condition for participation in an Early Education Benefit Agreement, and (C) will use such grant to supplement, not supplant, spending by such State, such political subdivision, and private partners to improve access to and enhance the quality of early education. SEC. 4. SELECTION OF APPLICANTS TO RECEIVE GRANTS. In making grants under this Act, the Secretary shall give priority to eligible applicants that-- (1) are, in the judgment of the Secretary, most likely to increase the number of employees and members who receive an Early Education Benefit through their employers and unions, (2) propose innovative public-private partnerships that will carry out early education programs that are likely to be replicated, (3) are likely to be sustainable beyond the period during which such grant is expended, (4) are developed in consultation with child care resource and referral agencies and networks, and with employers and unions, (5) demonstrate the intention and ability to provide-- (A) with funds to be expended for the use described in section 5(1), Early Education Benefits through Early Education Benefit Agreements to a significant number of employees of private employers with fewer than 50 employees, or (B) with funds to be expended for the use described in section 5(2), Early Education Start-up Grants to private employers with fewer than 50 employees, and (6) have experience working on early childhood issues and working in partnership with the business community, or have an agreement to implement the program funded by a grant made under section 2 through a nonprofit entity with such experience. SEC. 5. USES OF FUNDS. A recipient of a grant made under section 2 shall use such grant-- (1) to enter into Early Education Benefit Agreements to provide Early Education Benefits, or (2) to provide funds to private partners to establish new early education facilities, except that not more than 5 percent of such grant may be used to pay administrative costs incurred by such recipient to carry out this Act, including providing outreach to private partners. SEC. 6. EARLY EDUCATION BENEFIT AGREEMENTS. (a) Eligibility.--To be eligible to receive funds to be used for the purpose specified in section 5(1) from a grant made under section 2, a private partner, or consortia of private partners, shall enter into an Early Education Benefit Agreement with the recipient of such grant that includes the following: (1) An assurance that such private partner, or such consortia, will pay not less than-- (A) \1/3\ of the cost of such Early Education Benefit, or (B) \1/5\ of such cost if such private partner, or such consortia, creates a new early education facility that-- (i) serves children less than 2 years of age or children with disabilities, or (ii) is available during nontraditional work hours. (2) An assurance that such private partner, or such consortia, shall offer such Early Education Benefit on a priority basis to such employees or such members who have lower incomes if such Early Education Benefit is not offered to all such employees or all such members. (3) An assurance that if such private partner, or such consortia, requires that such Early Education Benefit received by an employee or member be expended at a limited number of sites where early education (including child care, preschool, and other early childhood programs) is provided, then there shall be at least 1 provider of early education (including child care, preschool, and other early childhood programs) for which such Early Education Benefit may be expended, that is-- (A) located at or near the residence or place of employment of such employee or such member, and (B) accredited by the National Association for the Education of Young Children or the National Association for Family Child Care, or taking steps to obtain such accreditation. (4) An assurance that early education paid for in whole or in part by such Early Education Benefit will be provided by a provider that is licensed or regulated by the State. (5) A detailed description of-- (i) the nature of the Early Education Benefit to be provided, (ii) the respective financial contributions of such private partner, or such consortia, and such grant recipient, and the procedures by which such contributions will be made, (iii) the number of employees or members expected to receive the Early Education Benefit provided under such Agreement, and (iv) the estimated total cost of such Benefit to such private partner (or such consortia), such grant recipient, and such employees or such members. (b) Selection of Private Partners To Enter Into Early Education Benefit Agreements.--In selecting private partners with which to enter into Early Education Benefit Agreements, a recipient of a grant made under section 2 shall give priority to-- (1) private partners that will make larger financial contributions to the Early Education Benefit, (2) private partners with fewer employees or members, (3) private partners that will make an Early Education Benefit available to employees and members on a sliding scale inversely proportional to their level of earned income, and (4) private partners that have a history of personnel policies and practices that enable their employees or their members to balance work commitments with family obligations. SEC. 7. EARLY EDUCATION START-UP GRANTS. (a) Eligibility To Receive Funds.--To be eligible to receive funds for the use specified in section 5(2) from a grant made under section 2, a private partner shall agree-- (1) to subsidize attendance at the proposed new early education facility for children of lower-paid employees or members, and (2) to pay not less than \1/3\ of the cost of acquiring, building, and renovating physical premises to be used as such facility. (b) Selection of Private Partners To Receive Funds.--In providing funds to private partners from a grant received for the use specified in section 5(2), a recipient of a grant made under section 2 shall give priority to-- (1) private partners that will create a facility to provide early education that-- (A) serves children less than 2 years of age or children with disabilities, or (B) is available during nontraditional hours during which their parents are employed, (2) private partners that will operate such a facility that is accredited, has a low ratio of children to adults, or demonstrates other facts that show such facility offers an early education program of high quality, (3) private partners that will pay with nongovernmental funds a larger share of the cost of the use for which the Early Education Start-up Grant funds will be expended, (4) private partners that have fewer employees or members, and (5) private partners that have a history of personnel policies and practices that enable their employees or members to balance work commitments with family obligations. SEC. 8. REPORTS. (a) Reports by Grantees.--The Secretary shall issue rules that require each recipient of a grant made under section 2 to submit annually to the Secretary a report that includes the following information for the fiscal year for which such report is submitted: (1) The number of Early Education Benefit Agreements participated in and Start-Up Grants made. (2) Information about the private partners, including the industry of which they are a part and their size. (3) Information about the number of employees who are both offered and are receiving Early Education Benefits as a result of such grant,including the number and average incomes of employees who are receiving Early Education Benefits and the number of employees who were offered and declined Early Education Benefits. (4) Information about the amount of private spending on Early Education Benefits and on the investment in new early education facilities leveraged by the grants. (5) If appropriate and available, information about whether and at what level private partners have continued to provide Early Education Benefits after the conclusion of the grantee's participation in an Early Education Benefit Agreement. (b) Reports by the Secretary.--The Secretary shall submit to the Congress biennially a report that includes the following information for the period of 2 fiscal years for which such report is submitted: (1) Summaries of the reports received under subsection (a) by the Secretary for such period. (2) A description of the implementation of this Act, and its impact on employees' access to early education programs for their children, during such period. SEC. 9. DEFINITIONS. For purposes of this Act: (1) Child.--The term ``child'' means an individual who is less that 6 years of age. (2) Early Education Benefit.--The term ``Early Education Benefit'' means assistance, in cash or in kind, to pay any part of the cost incurred by employees and union members to obtain early education (including child care, preschool, and other early childhood programs) for their children. (3) Early Education Benefit Agreement.--The term ``Early Education Benefit Agreement'' means a contract under which a recipient of a grant under section 2 and a private partner that receives from such recipient funds provided for the use described in section 5(1) agree to provide jointly an Early Education Benefit for children of the members or employees of such private partner. (4) Private Partner.--The term ``private partner'' means a private employer, labor union, and consortia of employers or labor unions. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal years 2003 through 2007.

Early Education Employee Benefit Act of 2002 - Authorizes the Secretary of Health and Human Services (HHS) to make competitive matching grants to States and local governments to: (1) enter Early Education Benefit Agreements with private partners to provide part of the cost of Early Education Benefits, which reduce costs incurred by employees and union members to obtain early education (including child care, preschool, and other early childhood programs); or (2) make Early Education Start-Up Grants to assist private partners to pay part of the cost of acquiring, building, and renovating physical premises to be used as new early education facilities, if such partners subsidize attendance at those facilities for children of lower-paid employees or union members.

To improve access by working families to affordable early education programs, to increase the number of employers offering an early education benefit to employees, and to develop innovative models of public-private partnerships in the provision of affordable early education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense-Department of Veterans Affairs Health Resources Access Improvement Act of 2001''. SEC. 2. FINDINGS AND SENSE OF CONGRESS CONCERNING STATUS OF HEALTH RESOURCES SHARING BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS AND THE DEPARTMENT OF DEFENSE. (a) Findings.--Congress makes the following findings: (1) Federal health resources provided by the people of the United States through tax receipts are by their nature scarce and thus should be effectively and efficiently used. (2) In 1982, Congress authorized health resources sharing between Department of Defense medical treatment facilities and Department of Veterans Affairs health care facilities in order to allow more effective and efficient use of their health resources. (3) Health care beneficiaries of the Departments of Defense and Veterans Affairs, whether active servicemembers, veterans, retirees, or family members of active or retired servicemembers, should have full access to the health care and services that Congress has authorized for them. (4) The Secretary of Defense and the Secretary of Veterans Affairs, and the appropriate officials of each of those departments with responsibilities related to health care, have not taken full advantage of the opportunities provided by law to make their respective health resources available to health care beneficiaries of the other department in order to provide improved health care for the whole number of beneficiaries. (5) After the many years of support and encouragement from Congress, the departments have made little progress in health resource sharing and the intended results of the sharing authority have not been achieved. (b) Sense of Congress.--Congress urges the Secretary of Defense and the Secretary of Veterans Affairs to commit their respective departments to exploring new ways for significantly improving health resources sharing and to building organizational cultures supportive of health resources sharing. (c) Purpose.--It is the purpose of this Act-- (1) to authorize a demonstration program to advance the principles of health resources sharing consistent with the expressed intent of Congress; and (2) to establish a basis for joint strategic planning of Department of Defense and Department of Veterans Affairs health systems to ensure that available funds are used more effectively and efficiently in order to enhance access to high quality health care for their beneficiaries. SEC. 3. HEALTH CARE FACILITIES INTEGRATION DEMONSTRATION PROJECT. (a) Establishment.--The Secretary of Veterans Affairs and the Secretary of Defense shall conduct a demonstration project to identify advantages of providing for integrated management of military treatment facilities and VA health care facilities that are located in the same geographic area. (b) Site Identification.--(1) The Secretaries shall jointly identify five qualifying sites at which to conduct the demonstration project under this section. (2) For purposes of this section, a qualifying site is an area in the United States in which-- (A) one or more military treatment facilities and one or more VA health care facilities are situated in relative proximity to each other; (B) for which there could be in effect within one year after the date of the enactment of this Act an integrated budget and personnel system for those facilities; and (C) as determined by the Secretaries, both the candidate VA facilities and the candidate military medical treatment facilities have in place information systems to demonstrate the validity of the activities of those facilities so that the Secretaries are confident that they will be able to effectively measure differences in activities at those facilities (including cost, access, quality, patient satisfaction, and other important performance indicators) before the demonstration project, during the period of the demonstration project, and after the end of the demonstration project. (c) Conduct of Demonstration Project.--At each site at which the demonstration project is conducted, the Secretaries shall provide for a unified management system for the military treatment facilities and VA health care facilities at that site. To the extent feasible, that unified management system shall include-- (1) a unified budget and financial management system for those facilities; (2) a unified staffing and assignment system for the personnel employed at or assigned to those facilities; and (3) medical information and information technology systems for those facilities that-- (A) are unified across those facilities; (B) maintain interoperability with medical information and information technology systems of the respective departments of those facilities; and (C) incorporate standards of information quality that are at least equivalent to those adopted for the departments at large. (d) Authority To Waive Certain Administrative Regulations and Policies.--(1) In order to carry out subsection (c), the Secretary of Defense may, in the Secretary's discretion, waive any regulation or administrative policy otherwise applicable to the Department of Defense, and the Secretary of Veterans Affairs may, in the Secretary's discretion, waive any regulation or administrative policy otherwise applicable to the Department of Veterans Affairs, as each Secretary determines necessary for the purposes of the demonstration project. (2) Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly submit to the Committees on Veterans' Affairs and the Committees on Armed Services of the Senate and House of Representatives a report on the use of the authority provided by paragraph (1). The report shall include a statement of the numbers and types of requests for waivers of regulations and administrative policies that have been made to that date and the disposition of each. (e) Use of Title 38 Personnel Authorities.--(1) In order to carry out subsection (c), the Secretary of Defense may apply to civilian personnel of the Department of Defense assigned to or employed at a military treatment facility participating in the demonstration project any of the provisions of subchapters I, III, and IV of chapter 74 of title 38, United States Code, determined appropriate by the Secretary. (2) For such purposes, any reference in such chapter-- (A) to the ``Secretary'' or the ``Under Secretary for Health'' shall be treated as referring to the Secretary of Defense; and (B) to the ``Veterans Health Administration'' shall be treated as referring to the Department of Defense. (f) Facilities To Be Deemed Facilities of the Other Department.--A VA health care facility participating in the demonstration project shall be considered to be a military treatment facility for purposes of eligibility for care for beneficiaries of the Department of Defense, and a military treatment facility participating in the demonstration project shall be considered to be a VA health care facility for purposes of eligibility for care for beneficiaries of the Department of Veterans Affairs. (g) Benefits, Copayments, Etc., To Be Equalized.--In the case of facilities of the participating departments selected to participate in the demonstration project, the medical care for which a beneficiary of the Department of Defense or beneficiary of the Department of Veterans Affairs is eligible, and any required copayments or deductibles for such care applicable to the beneficiaries of either participating department, shall to the extent practicable be the same. Regulations to govern such benefits, copayments, and deductibles shall be prescribed by the Secretary of Defense and the Secretary of Veterans Affairs. However, in no case may the benefits for which any beneficiary is eligible be reduced or any copayment or deductible applicable to any beneficiary be increased. (h) Authorization of Appropriations.--There is authorized to be appropriated to each of the participating departments to carry out the demonstration project-- (1) $10,000,000 for fiscal year 2002; and (2) $25,000,000 for each succeeding year during which the demonstration project is in effect. (i) Definitions.--For purposes of this section: (1) The term ``military treatment facility'' means a medical facility under the jurisdiction of the Secretary of a military department. (2) The term ``VA health care facility'' means a facility under the jurisdiction of the Veterans Health Administration of the Department of Veterans Affairs. (3) The term ``participating departments'' means the Department of Veterans Affairs and the Department of Defense. (j) Termination.--The demonstration project, and the authority provided by this section, shall terminate on September 30, 2006. SEC. 4. JOINT PROSPECTUS FOR CONSTRUCTION OF NEW MEDICAL FACILITY. Not later than two years after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a prospectus for construction of a new joint medical facility for their respective departments. The location for the new joint facility shall be selected jointly by the two Secretaries and shall be-- (1) at a location where both a current Department of Veterans Affairs medical center and a current Department of Defense military treatment facility are in need of replacement and the new facility can be a replacement for both; or (B) situated so as to provide improved access to eligible veterans and eligible military beneficiaries in a location where there is only one Department of Veterans Affairs medical center or military medical treatment facility serving one of those beneficiary populations. SEC. 5. GRADUATE MEDICAL EDUCATION. (a) Findings.--Congress finds that integration or consolidation of graduate medical education programs of the Department of Defense and Department of Veterans Affairs would-- (1) lead to increased efficiencies by eliminating duplicative administrative processes and streamlining and consolidating joint training programs; (2) allow increased clinical training sites in Department of Defense and Department of Veterans Affairs accredited programs; and (3) make Department of Veterans Affairs facilities available to military reserve health care professionals education programs. (b) Comprehensive Review.--The Secretary of Defense and the Secretary of Veterans Affairs shall enter into a joint contract for the conduct by an organization outside the Government of an independent, comprehensive review to identify opportunities for joint funding for an integrated graduate medical education program at facilities of their respective departments where such an integrated program is feasible. (c) Funding.--Funds for the contract under subsection (b) shall be provided in equal shares by the Department of Defense and the Department of Veterans Affairs. (d) Common Affiliation Agreement.--Based on the results of the review under subsection (b), the Secretary of Defense and the Secretary of Veterans Affairs shall develop and implement a common affiliation agreement or contract for graduate medical education purposes at locations where the demonstration project under section 3 is carried out. SEC. 6. REQUIRED SHARING OF HEALTH CARE RESOURCES. (a) Required Sharing.--Section 8111(a) of title 38, United States Code, is amended by striking ``may enter into'' and inserting ``shall enter into''. (b) Conforming Amendment.--Section 1104 of title 10, United States Code, is amended by striking ``may'' and inserting ``shall''. (c) Repeal of VA Bed Limits.--(1) Section 8110(a)(1) of title 38, United States Code, is amended-- (A) in the first sentence, by striking ``at not more than 125,000 and not less than 100,000''; (B) in the third sentence, by striking ``shall operate and maintain a total of not less than 90,000 hospital beds and nursing home beds and''; and (C) in the fourth sentence, by striking ``to enable the Department to operate and maintain a total of not less than 90,000 hospital and nursing home beds in accordance with this paragraph and''. (2) Section 8111(a) of such title is amended by striking ``, except that'' and all that follows through ``of the Government'' before the period at the end. SEC. 7. REPORTS. (a) Interim Report.--Not later than February 1, 2003, the Secretary of Defense and Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs and the Committees on Armed Services of the Senate and House of Representatives a joint interim report on the conduct of programs under this Act through the end of the preceding fiscal year. The Secretaries shall include in the report a description of the measures taken, or planned to be taken, to implement the demonstration project under section 3 and the other provisions of this Act and any cost savings anticipated at facilities participating in the demonstration project. (b) Final Report.--Not later than February 1, 2006, the Secretary of Defense and Secretary of Veterans Affairs shall submit to the committees of Congress specified in subsection (a) a joint report on the conduct of programs under this Act through the end of the preceding fiscal year. The Secretaries shall include in the report the following: (1) A description of activities under this Act. (2) Identification of cost savings, access improvements, and other efficiencies realized under the demonstration project carried out under section 3. (3) Analysis of measurable changes achieved by the demonstration project, including the use of data sources and performance indicators described in section 3(b)(2)(C). (4) Transmittal of the report resulting from the review required by section 5(b), accompanied by appropriate recommendations by the Under Secretary of Veterans Affairs for Health and the Assistant Secretary of Defense for Health Affairs. (5) Any recommendations of the two Secretaries for expansion of the demonstration project to additional facilities or for modification to any of the authorities for the demonstration project provided in section 3.

Department of Defense-Department of Veterans Affairs Health Resources Access Improvement Act of 2001 - Urges the Secretaries of Defense and Veterans Affairs to commit their departments to exploring new ways for significantly improving health resources sharing and to building supportive organizational cultures.Directs such Secretaries to: (1) conduct a demonstration project at five qualifying sites to identify advantages of providing integrated management of military treatment facilities and veterans' health care facilities in the same geographic area; and (2) provide for a unified management system for such facilities at each site. Authorizes each Secretary to waive administrative regulations or policies to implement the demonstration project. Terminates the project on September 30, 2006.Directs the Secretaries to: (1) submit to the appropriate congressional committees a prospectus for construction of a new joint medical facility for their departments; (2) enter into a joint contract for an independent, comprehensive review to identify opportunities for joint funding for an integrated graduate medical education program; and (3) develop and implement a common affiliation agreement or contract for graduate medical education purposes at project locations.Requires (current law authorizes) the Secretary of Veterans Affairs to share health care resources with the Secretaries of the military departments.Repeals current Department of Veterans Affairs hospital bed limits.

To provide for a joint Department of Defense and Department of Veterans Affairs demonstration project to identify benefits of integrated management of health care resources of those departments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Cheese Promotion and Dairy Support Act of 2018''. SEC. 2. ASSISTANCE FOR SMALL CHEESE PRODUCERS. The Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following: ``SEC. 24. ASSISTANCE FOR SMALL CHEESE PRODUCERS. ``(a) Definitions.--In this section: ``(1) Eligible institution.--The term `eligible institution' means-- ``(A) a land-grant college or university (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); ``(B) a local office of the National Institute of Food and Agriculture or other regional office of the Department of Agriculture; ``(C) a group of regional experts (as determined by the Secretary) that advises beginning farmers or ranchers (as defined under section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a))); or ``(D) a nonprofit organization. ``(2) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(3) Small cheese producer.--The term `small cheese producer' has the meaning given the term by the Secretary. ``(b) Grant Program.-- ``(1) In general.--The Secretary shall establish a program under which the Secretary shall make competitive grants to, as determined by the Secretary-- ``(A) eligible small cheese producers; and ``(B) cooperative groups of small cheese producers. ``(2) Preference.--In making grants under this subsection, the Secretary shall give preference to small cheese producers that use locally or regionally sourced product to produce cheese. ``(3) Use of funds.--The recipient of a grant under this subsection may use grant funds-- ``(A) to purchase equipment or renovate and make repairs to production facilities; ``(B) to develop a business plan or perform a feasibility study to grow the business of the small cheese producer; ``(C) to promote and market cheese; ``(D) to participate in accounting and financial literacy education and training or purchase necessary software; ``(E) to upgrade facilities to meet food safety standards; ``(F) to participate in food safety training; and ``(G) to participate in relevant job training, such as training in-- ``(i) cheese-making quality; or ``(ii) the production of a variety of cheese that the recipient has not produced before. ``(c) Cheese Production Education and Promotion Pilot Project.-- ``(1) In general.--The Secretary shall not use more than 10 percent of the funds made available to carry out this section to establish at one or more eligible institutions a pilot project that will-- ``(A) develop, or support an existing, regional cheese-making resource center with the technical assistance and electronic resource capabilities to provide small cheese producers with financial, marketing, food safety, and production assistance; ``(B) support a group of experienced cheese producers or subject matter experts (as determined by the Secretary) to advise beginning cheese producers; and ``(C) establish, or grow an existing, national cheese-making resource center to act as a clearinghouse for best practices applicable to small cheese producers. ``(2) Requirements.--To be eligible to receive funding to establish a pilot project described in paragraph (1), an eligible institution shall demonstrate to the Secretary-- ``(A) the capacity and technical expertise to provide the services described in that paragraph; ``(B) the support of the eligible institution in the agricultural community; and ``(C) the availability of resources (in cash or in kind) of definite value to achieve the goal and sustain the mission of the pilot project. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2019 through 2023, to remain available until expended.''.

Local Cheese Promotion and Dairy Support Act of 2018 This bill amends the Agricultural Adjustment Act to establish a Department of Agriculture (USDA) program to provide competitive grants to small cheese producers and cooperative groups of small cheese producers. In awarding grants, USDA must define the term "small cheese producer" and give preference to producers that use locally or regionally sourced product to produce cheese. Grant recipients may use the funds to: purchase equipment or renovate and make repairs to production facilities, develop a business plan or perform a feasibility study to grow the business, promote and market cheese, participate in accounting and financial literacy education and training, carry out food safety upgrades and training, and participate in job training. Using no more than 10% of the funds provided for this bill, USDA must establish a cheese production, education, and promotion pilot project at eligible institutions, including: land-grant colleges or universities, local offices of the National Institute of Food and Agriculture or other regional USDA offices, groups of regional experts that advise beginning farmers or ranchers, or nonprofit organizations.

Local Cheese Promotion and Dairy Support Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oklahoma City National Memorial Act of 1997''. SEC. 2 FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) few events in the past quarter-century have rocked Americans' perception of themselves and their institutions, and brought together the people of our Nation with greater intensity than the April 19, 1995, bombing of the Alfred P. Murrah Federal Building in downtown Oklahoma City; (2) the resulting deaths of 168 people, some of whom were children, immediately touched thousands of family members whose lives will forever bear scars of having those precious to them taken away so brutally; (3) suffering with such families are countless survivors, including children, who struggle not only with the suffering around them, but their own physical and emotional injuries and with shaping a life beyond April 19; (4) such losses and struggles are personal and, since they resulted from so public an attack, they are also shared with a community, a nation, and the world; and, (5) the story of the bombing does not stop with the attack itself or with the many losses it caused. The responses of Oklahoma's public servants and private citizens, and those from throughout the nation, remain as a testament to the sense of unity, compassion, even heroism, that characterized the rescue and recovery following the bombing. (6) During the days immediately following the Oklahoma City bombing, Americans and people from around the world of all races, political philosophies, religions and walks of life responded with unprecedented solidarity and selflessness; and (7) Given the national and international impact and reaction, the federal character of the site of the bombing, and the significant percentage of the victims and survivors who were federal employees the Oklahoma City Memorial will be established, designed, managed and maintained to educate present and future generations, through a public/private partnership, to work together efficiently and respectfully in developing a National Memorial relating to all aspects of the April 19, 1995, bombing in Oklahoma City. SEC. 3. DEFINITIONS. In this Act: (1) Memorial.--The term ``Memorial'' means the Oklahoma City National Memorial designated under section 4(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Trust.--The term ``Trust'' means the Oklahoma City National Memorial Trust designated under section 5(a). SEC. 4. OKLAHOMA CITY NATIONAL MEMORIAL. (a) Establishment.--In order to preserve for the benefit and inspiration of the people of the United States and the World, as a National Memorial certain lands located in Oklahoma City, Oklahoma, there is established as a unit of the National Park System the Oklahoma City National Memorial. The Memorial shall be administered by the Trust in cooperation with the Secretary and in accordance with the provisions of this Act, the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (49 Stat 666; 16 U.S.C. 461-467). (b) The Memorial area shall be comprised of the lands, facilities and structures generally depicted on the map entitled ``Oklahoma City National Memorial'', numbered OCNM 001, and dated May 1997 (hereinafter referred to in this Act as the ``map''): (1) Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service and the Trust. (2) After advising the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives, in writing, the Trust, as established by section 5 of this Act, in consultation with the Secretary, may make minor revisions of the boundaries of the Memorial when necessary by publication of a revised drawing or other boundary description in the Federal Register. SEC. 5. OKLAHOMA CITY NATIONAL MEMORIAL TRUST. (a) Establishment.--There is established a wholly owned government corporation to be known as the Oklahoma City National Memorial Trust. (b) Board of Directors.-- (1) In general.--The powers and management of the Trust shall be vested in a board of Directors (hereinafter referred to as the ``Board'') consisting of the following 9 members: (A) The Secretary or the Secretary's designee. (B) Eight individuals, appointed by the President, from a list of recommendations submitted by the Governor of the State of Oklahoma; and a list of recommendations submitted by the Mayor of Oklahoma City, Oklahoma; and a list of recommendations submitted by the United States Senators from Oklahoma; and, a list of recommendations submitted by United States Representatives from Oklahoma. The President shall make the appointments referred to in this subparagraph within 90 days after the enactment of this Act. (2) Terms.--Members of the Board appointed under paragraph (1)(B) shall each serve for a term of 4 years, except that of the members first appointed, 2 shall serve for a term of 3 years; and 2 shall serve a term of 2 years. Any vacancy in the Board shall be filled in the same manner in which the original appointment was made, and any member appointed to fill a vacancy shall serve for the remainder of that term for which his or her predecessor was appointed. No appointed member may serve more than 8 years in consecutive terms. (3) Quorum.--Five members of the Board shall constitute a quorum for the conduct of business by the Board. (4) Organization and compensation.--The Board shall organize itself in such a manner as it deems most appropriate to effectively carry out the authorized activities of the Trust. Board members shall serve without pay, but may be reimbursed for the actual and necessary travel and subsistence expenses incurred by them in the performance of the duties of the Trust. (5) Liability of directors.--Members of the Board of Directors shall not be considered Federal employees by virtue of their membership on the Board, except for purposes of the Federal Tort Claims Act and the Ethics in Government Act, and the provisions of chapter 11 of title 18, United States Code. (6) Meetings.--The Board shall meet at least three times per year in Oklahoma City, Oklahoma and at least two of those meetings shall be opened to the public. Upon a majority vote, the Board may close any other meetings to the public. The Board shall establish procedures for providing public information and opportunities for public comment regarding operations maintenance and management of the Memorial; as well as, policy, planning and design issues. (7) Staff.-- (A) Non-national park service staff.--The Trust is authorized to appoint and fix the compensation and duties of an executive director and such other officers and employees as it deems necessary without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may pay them without regard to the provisions of chapter 51, and subchapter III of chapter 53, title 5, United States Code, relating to classification and General Schedule pay rates. (B) Interim park service staff.--At the request of the Trust, the Secretary shall provide for a period not to exceed 2 years, such personnel and technical expertise, as necessary, to provide assistance in the implementation of the provisions of this Act. (C) Park service staff.--At the request of the Trust, the Secretary shall provide such uniformed personnel, on a reimbursable basis, to carry out day to day visitor service programs. (D) Other federal employees.--At the request of the Trust, the Director of any other Federal agency may provide such personnel, on a reimbursable basis, to carry out day to day visitor service programs. (8) Necessary powers.--The Trust shall have all necessary and proper powers for the exercise of the authorities vested in it. (9) Taxes.--The Trust and all properties administered by the Trust shall be exempt from all taxes and special assessments of every kind by the State of Oklahoma, and its political subdivisions including the county of Oklahoma and the city of Oklahoma City. (10) Government corporation.-- (A) The Trust shall be treated as a wholly owned Government corporation subject to chapter 91 of title 31, United States Code (commonly referred to as the Government Corporation Control Act). Financial statements of the Trust shall be audited annually in accordance with section 9105 of title 31 of the United States Code. (B) At the end of each calendar year, the Trust shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the House of Representatives a comprehensive and detailed report of its operations, activities, and accomplishments for the prior fiscal year. The report also shall include a section that describes in general terms the Trust's goals for the current fiscal year. SEC. 6. DUTIES AND AUTHORITIES OF THE TRUST. (a) Overall Requirements of the Trust.--The Trust shall administer the operation, maintenance, management and interpretation of the Memorial including, but not limited to, leasing, rehabilitation, repair and improvement of property within the Memorial under its administrative jurisdiction using the authorities provided in this section, which shall be exercised in accordance with-- (1) the provisions of law generally applicable to units of the National Park Service, including: ``An Act to establish a National Park Service, and for other purposes'' approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4); (2) the Act of August 21, 1935 (49 Stat. 666; U.S.C. 461- 467; (3) the general objectives of the ``Memorial Mission Statement'', adopted March 26, 1996, by the Oklahoma City Memorial Foundation; (4) the ``Oklahoma City Memorial Foundation Intergovernmental Letter of Understanding'', dated, October 28, 1996; and (5) the Cooperative Agreement to be entered into between the Trust and the Secretary pursuant to this Act. (b) Authorities.-- (1) The Trust may participate in the development of programs and activities at the properties designated by the map, and the Trust shall have the authority to negotiate and enter into such agreements, leases, contracts and other arrangements with any person, firm, association, organization, corporation or governmental entity, including, without limitation, entities of Federal, State and local governments as are necessary and appropriate to carry out its authorized activities. Any such agreements may be entered into without regard to section 321 of the Act of June 30, 1932 (40 U.S.C. 303b). (2) The Trust shall establish procedures for lease agreements and other agreements for use and occupancy of Memorial facilities, including a requirement that in entering into such agreements the Trust shall obtain reasonable competition. (3) The Trust may not dispose of or convey fee title to any real property transferred to it under this Act. (4) Federal laws and regulations governing procurement by Federal Agencies shall not apply to the Trust, with the exception of laws and regulations related to Federal Government contracts governing working conditions, and any civil rights provisions otherwise applicable thereto. (5) The Trust, in consultation with the Administrator of Federal Procurement Policy, shall establish and promulgate procedures applicable to the Trust's procurement of goods and services including, but not limited to, the award of contracts on the basis of contractor qualifications, price, commercially reasonable buying practices, and reasonable competition. (c) Management Program.--Within one year after the enactment of this Act, the Trust, in consultation with the Secretary, shall develop a cooperative agreement for management of those lands, operations and facilities within the Memorial established by this Act. In furtherance of the general purposes of this Act, the Secretary and the Trust shall enter into a Cooperative Agreement pursuant to which the Secretary shall provide technical assistance for the planning, preservation, maintenance, management, and interpretation of the Memorial. The Secretary also shall provide such maintenance, interpretation, curatorial management, and general management as mutually agreed to by the Secretary and the Trust. (d) Donations.--The Trust may solicit and accept donations of funds, property, supplies, or services from individuals, foundations, corporations, and other private or public entities for the purposes of carrying out its duties. (e) Proceeds.--Notwithstanding section 1341 of title 31 of the United States Code, all proceeds received by the Trust shall be retained by the Trust, and such proceeds shall be available, without further appropriation, for the administration, operation, preservation, restoration, operation and maintenance, improvement, repair and related expenses incurred with respect to Memorial properties under its administrative jurisdiction. The Secretary of the Treasury, at the option of the Trust shall invest excess monies of the Trust in public debt securities which shall bear interest at rates determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturity. (f) Suits.--The Trust may sue and be sued in its own name to the same extent as the Federal Government. Litigation arising out of the activities of the Trust shall be conducted by the Attorney General; except that the Trust may retain private attorneys to provide advice and counsel. The District Court for the Western District of Oklahoma shall have exclusive jurisdiction over any suit filed against the Trust. (g) Bylaws, Rules and Regulations.--The Trust may adopt, amend, repeal, and enforce bylaws, rules and regulations governing the manner in which its business may be conducted and the powers vested in it may be exercised. The Trust is authorized, in consultation with the Secretary, to adopt and to enforce those rules and regulations that are applicable to the operation of the National Park System and that may be necessary and appropriate to carry out its duties and responsibilities under this Act. The Trust shall give notice of the adoption of such rules and regulations by publication in the Federal Register. (h) Insurance.--The Trust shall require that all leaseholders and contractors procure proper insurance against any loss in connection with properties under lease or contract, or the authorized activities granted in such lease or contract, as is reasonable and customary. SEC. 7. LIMITATIONS ON FUNDING. (a) Authorization of Appropriations.-- (1) In general.--In furtherance of the purposes of this Act, there is hereby authorized the sum of $5,000,000, to remain available until expended. (2) Matching requirement.--Amounts appropriated in any fiscal year to carry out the provisions of this Act may only be expended on a matching basis in a ratio of at least one non- Federal dollar to every Federal Dollar. For the purposes of this provision, each non-Federal dollar donated to the Trust or to the Oklahoma City Memorial Foundation for the creation, maintenance, or operation of the Memorial shall satisfy the matching dollar requirement without regard to the fiscal year in which such donation is made. SEC. 8. ALFRED P. MURRAH FEDERAL BUILDING. (a) Prior to the construction of the Memorial the Administrator of General Services shall, among other actions, exchange, sell, lease, donate, or otherwise dispose of the site of the Alfred P. Murrah Federal Building, or a portion thereof, to the Trust. Any such disposal shall not be subject to-- (1) the Public Buildings Act of 1959 (40 U.S.C. 601 et seq.); (2) the Federal Property and Administrative Services Act of 1949 (40 U.S.C. et seq.); or (3) any other Federal law establishing requirements or procedures for the disposal of Federal property. SEC. 9. GENERAL ACCOUNTING OFFICE STUDY. (a) Six years after the first meeting of the Board of Directors of the Trust, the General Accounting Office shall conduct an interim study of the activities of the Trust and shall report the results of the study to the Committee on Energy and Natural Resources and the Committee on Appropriations of the United States Senate, and the Committee on Resources and Committee on Appropriations of the House of Representatives. The study shall include, but shall not be limited to, details of how the Trust is meeting its obligations under this Act.

Oklahoma City National Memorial Act of 1997 - Establishes: (1) the Oklahoma City National Memorial in Oklahoma City, Oklahoma, as a National Park System unit; and (2) the Oklahoma City National Memorial Trust, as a wholly owned Government corporation, to administer the operation, maintenance, management, and interpretation of the Memorial. Requires the Trust to develop a cooperative agreement for management of lands, operations, and facilities within the Memorial. Requires the Secretary of the Interior and the Trust to enter into a cooperative agreement under which the Secretary shall provide technical assistance for the planning, preservation, maintenance, management, and interpretation of the Memorial and such maintenance, interpretation, curatorial management, and general management as mutually agreed upon by the respective parties. Authorizes appropriations. Requires amounts appropriated in any fiscal year to carry out this Act to be expended only on a matching basis in a ratio of at least one non-Federal dollar to every Federal dollar. Requires, before the construction of the Memorial, the Administrator of the General Services Administration to exchange, sell, lease, donate, or otherwise dispose of the site of the Alfred P. Murrah Federal Building, or a portion thereof, to the Trust. Exempts such disposal from: (1) the Public Buildings Act of 1959; (2) the Federal Property and Administrative Services Act of 1949; and (3) any other Federal law establishing requirements or procedures for Federal property disposal. Directs the General Accounting Office, six years after the first meeting of the Trust's Board of Directors, to study and report to specified congressional committees on the Trust's activities.

Oklahoma City National Memorial Act of 1997

SECTION 1. REPEAL OF THE PROGRAM OF BLOCK GRANTS TO STATES FOR SOCIAL SERVICES. (a) Repeals.--Sections 2001 through 2007 of the Social Security Act (42 U.S.C. 1397-1397f) are repealed. (b) Conforming Amendments.-- (1) Section 404(d) of the Social Security Act (42 U.S.C. 604(d)) is amended-- (A) in paragraph (1), by striking ``any or all of the following provisions of law:'' and all that follows through ``The'' and inserting ``the''; (B) in paragraph (3)-- (i) by striking ``rules'' and all that follows through ``any amount'' and inserting ``rules.--Any amount''; (ii) by striking ``a provision of law specified in paragraph (1)'' and inserting ``the Child Care and Development Block Grant Act of 1990''; and (iii) by striking subparagraph (B); and (C) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (2) Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is amended-- (A) in paragraph (1)(A)-- (i) by striking ``administers or supervises'' and inserting ``administered or supervised''; and (ii) by striking ``subtitle 1 of title XX'' and inserting ``subtitle A of title XX (as in effect before the repeal of such subtitle)''; and (B) in paragraph (2), by striking ``under subtitle 1 of title XX,''. (3) Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (A) in paragraph (4), by striking ``, under subtitle 1 of title XX of this Act,''; and (B) in paragraph (8), by striking ``XIX, or XX'' and inserting ``or XIX''. (4) Section 472(h)(1) of the Social Security Act (42 U.S.C. 672(h)(1)) is amended by striking the 2nd sentence. (5) Section 473(b) of the Social Security Act (42 U.S.C. 673(b)) is amended-- (A) in paragraph (1), by striking ``(3)'' and inserting ``(2)''; (B) in paragraph (4), by striking ``paragraphs (1) and (2)'' and inserting ``paragraph (1)''; and (C) by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (6) Section 504(b)(6) of the Social Security Act (42 U.S.C. 704(b)(6)) is amended in each of subparagraphs (A) and (B) by striking ``XIX, or XX'' and inserting ``or XIX''. (7) Section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) is amended by striking the penultimate sentence. (8) Section 1128(h) of the Social Security Act (42 U.S.C. 1320a-7(h)) is amended-- (A) by adding ``or'' at the end of paragraph (2); and (B) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3). (9) Section 1128A(i)(1) of the Social Security Act (42 U.S.C. 1320a-7a(i)(1)) is amended by striking ``or subtitle 1 of title XX''. (10) Section 1132(a)(1) of the Social Security Act (42 U.S.C. 1320b-2(a)(1)) is amended by striking ``XIX, or XX'' and inserting ``or XIX''. (11) Section 1902(e)(13)(F)(iii) of the Social Security Act (42 U.S.C. 1396a(e)(13)(F)(iii)) is amended-- (A) by striking ``Exclusions'' and inserting ``Exclusion''; and (B) by striking ``an agency that determines eligibility for a program established under the Social Services Block Grant established under title XX or''. (12) The headings for title XX and subtitle A of title XX of the Social Security Act are each amended by striking ``BLOCK GRANTS TO STATES FOR SOCIAL SERVICES'' and inserting ``HEALTH PROFESSIONS DEMONSTRATIONS AND ENVIRONMENTAL HEALTH CONDITION DETECTION''. (13) Section 16(k)(5)(B)(i) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(k)(5)(B)(i)) is amended by striking ``, or title XX,''. (14) Section 402(b)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(3)) is amended by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (15) Section 245A(h)(4)(I) of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1255a(h)(4)(I)) is amended by striking ``, XVI, and XX'' and inserting ``and XVI''. (16) Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended-- (A) in subsection (a)(2)-- (i) in subparagraph (B)-- (I) by striking ``--'' and all that follows through ``(i)''; (II) by striking ``or'' at the end of clause (i); and (III) by striking clause (ii); and (ii) in subparagraph (D)(ii), by striking ``or title XX''; and (B) in subsection (o)(2)(B)-- (i) by striking ``or title XX'' each place it appears; and (ii) by striking ``or XX''. (17) Section 201(b) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1931(b)) is amended by striking ``titles IV-B and XX'' and inserting ``part B of title IV''. (18) Section 3803(c)(2)(C) of title 31, United States Code, is amended by striking clause (vi) and redesignating clauses (vii) through (xvi) as clauses (vi) through (xv), respectively. (19) Section 14502(d)(3) of title 40, United States Code, is amended-- (A) by striking ``and title XX''; and (B) by striking ``, 1397 et seq.''. (20) Section 2006(a)(15) of the Public Health Service Act (42 U.S.C. 300z-5(a)(15)) is amended by striking ``and title XX of the Social Security Act''. (21) Section 203(b)(3) of the Older Americans Act of 1965 (42 U.S.C. 3013(b)(3)) is amended by striking ``XIX, and XX'' and inserting ``and XIX''. (22) Section 213 of the Older Americans Act of 1965 (42 U.S.C. 3020d) is amended by striking ``or title XX''. (23) Section 306(d) of the Older Americans Act of 1965 (42 U.S.C. 3026(d)) is amended in each of paragraphs (1) and (2) by striking ``titles XIX and XX'' and inserting ``title XIX''. (24) Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624) is amended in each of subsections (b)(4) and (j) by striking ``under title XX of the Social Security Act,''. (25) Section 602 of the Child Development Associate Scholarship Assistance Act of 1985 (42 U.S.C. 10901) is repealed. (26) Section 3(d)(1) of the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 14402(d)(1)) is amended by striking subparagraph (C) and redesignating subparagraphs (D) through (K) as subparagraphs (C) through (J), respectively. (c) Effective Date.--The repeals and amendments made by this section shall take effect 60 days after the date of the enactment of this Act.

Repeals the program of block grants to states for social services under title XX (Block Grants to States for Social Services) of the Social Security Act.

To amend title XX of the Social Security Act to repeal the program of block grants to States for social services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Medicines Utilization Act of 2011''. SEC. 2. SAVINGS REBATE FOR STATES THAT INCREASE GENERIC DRUG UTILIZATION UNDER MEDICAID. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by inserting after subsection (g), the following: ``(h)(1) With respect to each of fiscal years 2012, 2013, and 2014, if the generic substitution rate determined for the State under section 1927(l)(2) for the most recent preceding fiscal year for which data is available is greater than the State's generic substitution rate (as so determined) for the most recent second preceding fiscal year for which data is available, the amount determined under subsection (a) for the State for each quarter of the fiscal year shall be increased by the amount equal to 50 percent of the generic drug utilization savings amount determined for the State and the quarter under paragraph (2). ``(2) The generic drug utilization savings amount determined under this paragraph with respect to a State and a quarter is the product of-- ``(A) the difference between the-- ``(i) total amount expended by the State for the corresponding quarter of the preceding fiscal year for providing medical assistance for multiple source drugs (as defined in section 1927(k)(7)(A)(i)), as determined after the application of section 1927(b)(1)(B); and ``(ii) total amount expended by the State for the quarter involved for providing medical assistance for such drugs (as so determined); and ``(B) the State percentage determined for the State under section 1905(b).''. (b) Annual Determination of State Generic Substitution Rates and Performance Rankings.--Section 1927 of the Social Security Act (42 U.S.C. 1396r-8) is amended by adding at the end the following: ``(l) Annual Determination of State Generic Substitution Rates and Performance Rankings.-- ``(1) In general.--Not later than January 1, 2012, and annually thereafter, the Secretary shall determine the generic substitution rate (as defined in paragraph (2)) for each State for the most recent preceding fiscal year and the most recent second preceding fiscal year for which data are available. The Secretary annually shall publish on the Internet Web site of the Centers for Medicare & Medicaid Services the generic substitution rates determined for each State for such preceding fiscal years and the percentage increase or decrease in such rates when compared with each other with respect to a State. On the basis of such comparison, the Secretary shall list the States in order of the States with the greatest increase in the generic substitution rate. ``(2) Generic substitution rate.--In paragraph (1), the term `generic substitution rate' means, with respect to a State, the share of all drug units for which payment is made to the State under this title for the 20 most widely prescribed multiple source drugs under the State program under this title that have a specific National Drug Code and meet the requirements of subsection (k)(7)(A)(i).''. (c) Evaluation and Report.-- (1) In general.--Not later than December 31, 2014, the Secretary of Health and Human Services shall evaluate and report to Congress on the effectiveness of the generic drug utilization savings payments authorized under section 1903(h) of the Social Security Act (42 U.S.C. 1396b(h)) (as added by subsection (a)) in encouraging States to increase their Medicaid generic substitution rate. The evaluation shall include (but is not limited to) the following: (A) An analysis of the amounts each State Medicaid program saves through increased generic drug substitution. (B) An analysis of any indirect savings to State Medicaid programs through increased medication adherence due to increased accessibility and affordability of prescriptions. (C) An analysis of future estimated savings to State Medicaid programs and the Federal Government after termination of the generic drug utilization savings payments authorized under such section. (2) Medicaid generic substitution rate.--In paragraph (1), the term ``Medicaid generic substitution rate'' has the meaning given the term ``generic substitution rate'' with respect to a State under 1927(l)(2) of the Social Security Act (42 U.S.C. 1396r-8(l)(2)) (as added by subsection (b)).

Affordable Medicines Utilization Act of 2011 - Amends title XIX (Medicaid) of the Social Security Act, with respect to FY2012-FY2014, to require an increase in the quarterly Medicaid payment to a state by 50% of the generic drug utilization savings amount if the state's generic substitution rate for the most recent preceding fiscal year for which data is available is greater than its rate for the most recent second preceding fiscal year for which data is available. Directs the Secretary of Health and Human Services (HHS) to determine the state's generic substitution rate for such fiscal years. Defines "generic substitution rate" as the share of all drug units for which Medicaid payment is made to a state for the 20 most widely prescribed multiple source drugs under the state program that have a specific National Drug Code.

A bill to amend title XIX of the Social Security Act to encourage States to increase generic drug utilization under Medicaid, and for other purposes.

SECTION 1. APPOINTMENTS TO MILITARY SERVICE ACADEMIES BY THE RESIDENT REPRESENTATIVE TO THE UNITED STATES FOR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. (a) United States Military Academy.-- (1) Appointment authority.--Subsection (a) of section 4342 of title 10, United States Code, is amended by striking out the sentence following the clauses of such subsection and inserting in lieu thereof the following: ``(10) One cadet from the Commonwealth of the Northern Mariana Islands, nominated by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands in consultation with the Governor of the Commonwealth of the Northern Mariana Islands. ``Each person specified in clauses (3) through (10) who is entitled to nominate a candidate for admission to the Academy may nominate a principal candidate and nine alternates for each vacancy that is available to the person under this subsection.''. (2) Domicile of cadets.--Subsection (f) of such section is amended to read as follows: ``(f) Each candidate for admission nominated under clauses (3) through (10) of subsection (a) must be domiciled-- ``(1) in the State, or in the congressional district, from which the candidate is nominated; or ``(2) in the District of Columbia, Puerto Rico, American Samoa, Guam, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands, if the candidate is nominated from one of those places.''. (3) Conforming amendments.--(A) Subsection (d) of such section is amended by striking out ``(9)'' and inserting in lieu thereof ``(10)''. (B) Section 4343 of such title is amended by striking out ``(8) of section 4342(a)'' and inserting in lieu thereof ``(10) of section 4342(a)''. (b) United States Naval Academy.-- (1) Appointment authority.--Section 6954(a) of title 10, United States Code, is amended by striking out the sentence following the clauses of such subsection and inserting in lieu thereof the following: ``(10) One from the Commonwealth of the Northern Mariana Islands, nominated by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands in consultation with the Governor of the Commonwealth of the Northern Mariana Islands. ``Each person specified in clauses (3) through (10) who is entitled to nominate a candidate for admission to the Academy may nominate a principal candidate and nine alternates for each vacancy that is available to the person under this subsection.''. (2) Domicile of midshipmen.--Subsection (b) of section 6958 of such title is amended to read as follows: ``(b) Each candidate for admission nominated under clauses (3) through (10) of subsection (a) of section 6954 of this title must be domiciled-- ``(1) in the State, or in the congressional district, from which the candidate is nominated; or ``(2) in the District of Columbia, Puerto Rico, American Samoa, Guam, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands, if the candidate is nominated from one of those places.''. (4) Conforming amendment.--(A) Section 6954(d) of such title is amended by striking out ``(9)'' and inserting in lieu thereof ``(10)''. (B) Section 6956(b) of such title is amended by striking out ``(8) of section 6954(a)'' and inserting in lieu thereof ``(10) of section 6954(a)''. (c) United States Air Force Academy.-- (1) Appointment authority.--Subsection (a) of section 9342 of title 10, United States Code, is amended by striking out the sentence following the clauses of such subsection and inserting in lieu thereof the following: ``(10) One cadet from the Commonwealth of the Northern Mariana Islands, nominated by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands in consultation with the Governor of the Commonwealth of the Northern Mariana Islands. ``Each person specified in clauses (3) through (10) who is entitled to nominate a candidate for admission to the Academy may nominate a principal candidate and nine alternates for each vacancy that is available to the person under this subsection.''. (2) Domicile of cadets.--Subsection (f) of such section is amended to read as follows: ``(f) Each candidate for admission nominated under clauses (3) through (10) of subsection (a) must be domiciled-- ``(1) in the State, or in the congressional district, from which the candidate is nominated; or ``(2) in the District of Columbia, Puerto Rico, American Samoa, Guam, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands, if the candidate is nominated from one of those places.''. (3) Conforming amendments.--(A) Subsection (d) of such section is amended by striking out ``(9)'' and inserting in lieu thereof ``(10)''. (B) Section 9343 of such title is amended by striking out ``(8) of section 9342(a)'' and inserting in lieu thereof ``(10) of section 9342(a)''. (d) Effective Date.--The amendments made by this section shall apply with respect to the nomination of candidates for appointment to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy for classes entering one of these military service academies after the date of the enactment of this Act.

Provides for the appointment of candidates to the military service academies by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands.

To amend title 10, United States Code, to provide for appointments to the military service academies by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands.

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

Florida National Forest Land Adjustment Act of 2010 - Directs the Secretary of Agriculture to release, convey, and quitclaim to the state of Florida, without monetary consideration, all interest of the United States in and to those lands within or adjacent to the Blackwater River and Withlacoochee State Forests that were conveyed to the state under the authority of the Bankhead-Jones Farm Tenant Act or under any other law authorizing conveyance subject to restrictions or reversionary interests retained by the United States. Requires the state to cover or reimburse the Secretary for reasonable costs incurred to make the conveyances. Bars the Secretary from seeking reimbursement for administrative overhead costs. Requires the state to agree: (1) that all net proceeds from any sale, exchange, or other disposition of the real property subject to deed restrictions be used by the state for the acquisition of lands or interests within or adjacent to units of Florida's forest and park systems; (2) to address and resolve boundary encroachments for the affected state forests; and (3) to indemnify and hold the United States harmless with regard to any boundary disputes related to any released parcel. Provides for an interchange of certain state lands and National Forest System lands in the Ocala and Apalachicola National Forests in Florida. Authorizes the Secretary to convey by sale or exchange tract W-1979 within Leon County, Florida.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women in the Armed Forces Commemorative Coins Act''. SEC. 2. WOMEN IN MILITARY SERVICE COMMEMORATIVE COINS. The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue coins in accordance with this Act to commemorate the women who have served in the Armed Forces of the United States. SEC. 3. SPECIFICATIONS OF COINS. (a) Denominations.--The Secretary shall mint and issue the following coins: (1) Five dollar gold coins.--Not more than 50,000 five dollar gold coins, each of which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) be composed of 90 percent gold and 10 percent alloy. (2) One dollar silver coins.--Not more than 500,000 one dollar silver coins, each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) be composed of 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. SEC. 4. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under existing law. (b) Silver.--The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Minerals Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins authorized under this Act shall, in accordance with subsection (b), be symbolic of women's service in the Armed Forces of the United States. (2) Designations and inscriptions.--Each coin authorized under this Act shall bear a designation of the value of the coin, an inscription of the year the coin is issued, and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection of Design.--The design for each coin authorized by this Act shall be selected by the Secretary after consultation with the Women in Military Service for America Memorial Foundation and the Commission of Fine Arts. As required by section 5135 of title 31, United States Code, the design shall also be reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act may be issued in uncirculated and proof qualities. (b) Mint Facility.--Only one facility of the United States Mint may be used to strike any particular combination of denomination and quality for the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue the coins minted under this Act beginning on November 1, 1993. (d) Termination of Authority.--Coins may not be minted under this Act after the date that is 1 year after the date on which the Secretary commences the issuing of coins under this section. (e) Promotion Consultation.-- (1) In general.--In consultation with the Women in Military Service for America Memorial Foundation, the Secretary shall determine the role such Foundation shall have in the promotion, advertising, or marketing of the coins authorized under this Act. (2) Contract.--The Secretary shall enter into a contract involving the promotion, advertising, or marketing of such coins with the Foundation if the Secretary decides such a contract would be beneficial in the sale of the coins. SEC. 7. SALE OF COINS. (a) In General.--The Secretary shall sell coins minted under this Act at a price equal to the sum of the face value of the coins, the surcharge provided in subsection (d) with respect to such coins, and the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, and overhead expenses). (b) Bulk Sales.--The Secretary shall make any bulk sales of the coins minted under this Act at a reasonable discount to reflect the lower costs of such sales. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins minted under this Act prior to the issuance of such coins. Sale prices with respect to such prepaid orders shall be at a reasonable discount. (d) Surcharges.--All sales of coins minted under this Act shall include a surcharge of $40 per coin for the 5 dollar coins and $11 per coin for the one dollar coins. SEC. 8. FINANCIAL ASSURANCES. (a) No Net Cost to Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the Federal Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Government. SEC. 9. USE OF SURCHARGES. (a) In General.--Surcharges received from the sale of coins minted under this Act shall be transferred by the Secretary to the Women in Military Service for America Memorial Foundation, and used to create, to endow, and to dedicate the Women in the Armed Forces Memorial. (b) Use of Funds if not Used for Memorial.--Of the amounts received by the Women in Military Service for America Memorial Foundation, any amount in excess of the amount spent by the Foundation for the uses described in subsection (a) shall be transferred to the Secretary for deposit in the account provided for in section 8(b)(1) of the Act entitled ``An Act to provide standards for placement of commemorative works on certain Federal lands in the District of Columbia and its environs, and for other purposes'' and approved November 14, 1986 (40 U.S.C. 1008). (c) Audits.--The Comptroller General of the United States shall conduct an annual audit of any books, records, documents, and other data belonging to the Women in Military Service for America Memorial Foundation as may be related to the expenditure of amounts paid under subsection (a). SEC. 10. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act relating to the minting or selling of the coins authorized by this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. -S-E-C-. -1-1-. -C-O-I-N-A-G-E -P-R-O-F-I-T -F-U-N-D-. -(-a-) -D-e-p-o-s-i-t-s-.----A-l-l -a-m-o-u-n-t-s -r-e-c-e-i-v-e-d -f-r-o-m -t-h-e -s-a-l-e -o-f -c-o-i-n-s -i-s-s-u-e-d -u-n-d-e-r -t-h-i-s -A-c-t -s-h-a-l-l -b-e -d-e-p-o-s-i-t-e-d -i-n -t-h-e -c-o-i-n-a-g-e -p-r-o-f-i-t -f-u-n-d-. -(-b-) -P-a-y-m-e-n-t-s-.----T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -p-a-y -t-h-e -a-m-o-u-n-t-s -a-u-t-h-o-r-i-z-e-d -u-n-d-e-r -s-e-c-t-i-o-n -9 -f-r-o-m -t-h-e -c-o-i-n-a-g-e -p-r-o-f-i-t -f-u-n-d-. -(-c-) -E-x-p-e-n-d-i-t-u-r-e-s-.----T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -c-h-a-r-g-e -t-h-e -c-o-i-n-a-g-e -p-r-o-f-i-t -f-u-n-d -w-i-t-h -a-l-l -e-x-p-e-n-d-i-t-u-r-e-s -u-n-d-e-r -t-h-i-s -A-c-t-. SEC. 11. NUMISMATIC PUBLIC ENTERPRISE FUND. The coins issued under this Act are subject to the provisions of section 5134 of title 31, United States Code, relating to the Numismatic Public Enterprise Fund.

Women in the Armed Forces Commemorative Coins Act - Directs the Secretary of the Treasury to: (1) mint and issue coins to commemorate the women who have served in the armed forces of the United States; and (2) transfer the surcharges received from coin sales to the Women in Military Service for America Memorial Foundation to be used to create, endow, and dedicate the Women in the Armed Forces Memorial.

Women in the Armed Forces Commemorative Coins Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Prices Reduced with Increased Competition and Efficient Development of Drugs Act'' or the ``Lower PRICED Drugs Act''. SEC. 2. GENERIC DRUG USE CERTIFICATION. (a) In General.--Section 505(j)(2)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) is amended-- (1) in clause (vii), by striking ``; and'' and inserting a semicolon; (2) in clause (viii), by striking the period and inserting ``; and''; (3) by inserting after clause (viii) the following: ``(ix) if with respect to a listed drug product referred to in clause (i) that contains an antibiotic drug and the antibiotic drug was the subject of any application for marketing received by the Secretary under section 507 (as in effect before the date of enactment of the Food and Drug Administration Modernization Act of 1997) before November 20, 1997, the approved labeling includes a method of use which, in the opinion of the applicant, is claimed by any patent, a statement that-- ``(I) identifies the relevant patent and the approved use covered by the patent; and ``(II) the applicant is not seeking approval of such use under this subsection.''; and (4) in the last sentence, by striking ``clauses (i) through (viii)'' and inserting ``clauses (i) through (ix)''. (b) Effective Date.--The amendments made by this section shall apply to any abbreviated new drug application under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) that is submitted on, before, or after the date of enactment of this Act. SEC. 3. PREVENTING ABUSE OF THE THIRTY-MONTH STAY-OF-EFFECTIVENESS PERIOD. (a) In General.--Section 505(j)(5)(B)(iii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iii)) is amended-- (1) in the second sentence by striking ``may order'' and inserting ``shall order''; and (2) by adding at the end the following: ``In determining whether to shorten the thirty-month period under this clause, the court shall consider the totality of the circumstances, including whether the plaintiff sought to extend the discovery schedule, delayed producing discovery, or otherwise acted in a dilatory manner, and the public interest.''. (b) Effective Date.--The amendments made by this section shall apply to any stay of effectiveness period under section 505(j)(5)(B)(iii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iii)) pending or filed on or after the date of enactment of this Act. SEC. 4. ENSURING PROPER USE OF PEDIATRIC EXCLUSIVITY. (a) Drug Product.--Section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a) is amended by striking ``drug'' each place it appears and inserting ``drug product''. (b) Market Exclusivity for New Drugs.--Section 505A(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a(b)) is amended-- (1) in the matter preceding paragraph (1), by-- (A) striking ``health'' and inserting ``therapeutically meaningful''; (B) striking ``and'' after ``(which shall include a timeframe for completing such studies),''; and (C) inserting ``, and based on the results of such studies the Secretary approves labeling for the new drug product that provides specific, therapeutically meaningful information about the use of the drug product in pediatric patients'' after ``in accordance with subsection (d)(3)''; (2) in paragraph (1)(A)-- (A) in clause (i), by-- (i) striking ``the period'' and inserting ``any period''; and (ii) inserting ``that is applicable to the drug product at the time of initial approval'' after ``in subsection (j)(5)(F)(ii) of such section''; and (B) in clause (ii), by-- (i) striking ``the period'' and inserting ``any period''; and (ii) inserting ``that is applicable to the drug product at the time of initial approval'' after ``of subsection (j)(5)(F) of such section''; and (3) in paragraph (2)-- (A) in subparagraph (A)-- (i) in clause (i), by striking ``a listed patent'' and inserting ``a patent that was either listed when the pediatric study was submitted to the Food and Drug Administration or listed as a result of the approval by the Food and Drug Administration of new pediatric labeling that is claimed by the patent, and''; and (ii) in clause (ii) by striking ``a listed patent'' and inserting ``a patent that was either listed when the pediatric study was submitted to the Food and Drug Administration or listed as a result of the approval by the Food and Drug Administration of new pediatric labeling that is claimed by the patent, and''; and (B) in subparagraph (B), by striking ``a listed patent'' and inserting ``a patent that was either listed when the pediatric study was submitted to the Food and Drug Administration or listed as a result of the approval by the Food and Drug Administration of new pediatric labeling that is claimed by the patent, and''. (c) Market Exclusivity for Already-Marketed Drugs.--Section 505A(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a(c)) is amended-- (1) in the matter preceding paragraph (1), by-- (A) striking ``health'' and inserting ``therapeutically meaningful''; (B) striking ``and'' after ``the studies are completed within any such timeframe,''; and (C) inserting ``, and based on the results of such studies the Secretary approves labeling for the approved drug product that provides specific, therapeutically meaningful information about the use of the drug product in pediatric patients'' after ``in accordance with subsection (d)(3)''; (2) in paragraph (1)(A)-- (A) in clause (i)-- (i) by striking ``the period'' and inserting ``any period''; and (ii) by inserting ``that is applicable to the drug product at the time of initial approval'' after ``in subsection (j)(5)(F)(ii) of such section''; and (B) in clause (ii)-- (i) by striking ``the period'' and inserting ``any period''; and (ii) by inserting ``that is applicable to the drug product at the time of initial approval'' after ``of subsection (j)(5)(F) of such section''; and (3) in paragraph (2)-- (A) in subparagraph (A)-- (i) in clause (i), by striking ``a listed patent'' and inserting ``a patent that was either listed when the pediatric study was submitted to the Food and Drug Administration or listed as a result of the approval by the Food and Drug Administration of new pediatric labeling that is claimed by the patent, and''; and (ii) in clause (ii), by striking ``a listed patent'' and inserting ``a patent that was either listed when the pediatric study was submitted to the Food and Drug Administration or listed as a result of the approval by the Food and Drug Administration of new pediatric labeling that is claimed by the patent, and''; and (B) in subparagraph (B), by striking ``a listed patent'' and by inserting ``a patent that was either listed when the pediatric study was submitted to the Food and Drug Administration or listed as a result of the approval by the Food and Drug Administration of new pediatric labeling that is claimed by the patent, and''. (d) Three-Month Exclusivity.--Section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a) is amended by-- (1) by striking ``six months'' each place it appears and inserting ``three months''; (2) by striking ``six-month'' each place it appears and inserting ``three-month''; (3) by striking ``6-month'' each place it appears and inserting ``three-month''; (4) in subsection (b)(1)(A)(i), by striking ``four and one- half years, fifty-four months, and eight years, respectively'' and inserting ``four years and three months, fifty-one months, and seven years and nine months, respectively''; and (5) in subsection (c)(1)(A)(i), by striking ``four and one- half years, fifty-four months, and eight years, respectively'' and inserting ``four years and three months, fifty-one months, and seven years and nine months, respectively''. (e) Definition.--Section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a) is amended by adding at the end the following: ``(o) Drug Product.-- ``(1) In general.--For purposes of this section, the term `drug product' has the same meaning given such term in section 314.3(b) of title 21, Code of Federal Regulations (or any successor regulation). ``(2) Separate drug products.--For purposes of this section, each dosage form of a drug product shall constitute a different drug product.''. (f) Technical Corrections.--Section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a) is amended-- (1) by striking ``subsection (c)(3)(D)'' each place it appears and inserting ``subsection (c)(3)(E)''; and (2) in subsection (n), by striking ``under subsection (a) or (c)'' and inserting ``under subsection (b) or (c)''. (g) Effective Date.--The amendments made by this section shall apply to requests by the Secretary of Health and Human Services for pediatric studies under section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a) after the date of enactment of this Act. SEC. 5. CITIZEN PETITIONS AND PETITIONS FOR STAY OF AGENCY ACTION. Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended by adding at the end the following: ``(o) Citizens Petitions and Petitions for Stay of Agency Action.-- With respect to any petition that seeks to have the Secretary take, or refrain from taking, any form of action relating to the approval of an application submitted under subsection (b)(2) or (j), the following shall apply: ``(1) No delay of approval.--The Secretary shall not delay approval of an application submitted under subsection (b)(2) or (j) while a petition is reviewed and considered. Consideration of a petition shall be separate and apart from the review and approval of an application submitted under either such subsection. ``(2) Timing of final agency action.--The Secretary shall take final agency action with respect to a petition within six months of receipt of that petition. The Secretary shall not extend such six-month review period, even with consent of the petitioner, for any reason, including based upon the submission of comments relating to a petition or supplemental information supplied by the petitioner. If the Secretary has not taken final agency action on a petition by the date that is six months after the date of receipt of the petition, such petition shall be deemed to have been denied on such date. ``(3) Verification.--The Secretary shall not accept for review a petition unless it is signed and contains the following verification: `I certify that, to my best knowledge and belief: (a) this petition includes all information and views upon which the petition relies; (b) this petition includes representative data and/or information known to the petitioner which are unfavorable to the petition; and (c) I have taken reasonable steps to ensure that any representative data and/or information which are unfavorable to the petition were disclosed to me. I further certify that the information upon which I have based the action requested herein first became known to the party on whose behalf this petition is filed on or about __________. I verify under penalty of perjury that the foregoing is true and correct.', with the date of the filing of such petition inserted in the blank space. ``(4) Extension of period.--The thirty-month period referred to in subsection (j)(5)(D)(i)(IV) shall automatically be extended by the amount of time that lapses from the date that the Secretary receives a petition and the date of final agency action on that petition, without regard to whether the Secretary grants, in whole or in part, or denies, in whole or in part, that petition.''.

Lower Prices Reduced with Increased Competition and Efficient Development of Drugs Act or the Lower PRICED Drugs Act - Amends the Federal Food, Drug, and Cosmetic Act to require an abbreviated application for a new drug containing certain antibiotics, the approved labeling for which includes a method of use that is claimed by a patent, to include a statement: (1) that identifies the relevant patent and the approved use covered by the patent; and (2) that the applicant is not seeking approval of such use. Requires the court to consider the totality of circumstances and the public interest in deciding whether to shorten the 30-month period that delays the approval of an abbreviated drug application when a patent infringement case is filed against the applicant. Limits market exclusivity provided for conducting pediatric studies of new drugs to only those new drugs for which the Secretary of Health and Human Services approves labeling that contains specific, therapeutically meaningful information about the use of the drug product in pediatric patients. Prohibits the Secretary from delaying the approval of a new drug application while a petition is reviewed and considered. Requires the Secretary to take final agency action on a petition within six months of receipt, with no extensions allowed. Extends the 30-month period that the Secretary has to approve or disapprove an abbreviated application for a new drug by the amount of time that lapses from the date the Secretary receives a petition and the date of the final agency action on the petition, without regard to whether the Secretary grants or denies the petition.

A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to market exclusivity for certain drugs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Free Commercial Driver Act of 2013''. SEC. 2. HAIR TESTING AS METHOD OF DETECTING USE OF CONTROLLED SUBSTANCES. (a) In General.--Section 31306 of title 49, United States Code, is amended-- (1) by redesignating subsections (d) through (j) as subsections (e) through (k), respectively; and (2) by inserting after subsection (c) the following new subsection: ``(d) Inclusion of Hair Testing as a Method of Testing for Controlled Substances.-- ``(1) In general.--The Secretary of Transportation shall modify regulations issued under subsection (b) to allow a motor carrier to use hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle. ``(2) Limitations on use of hair testing.-- ``(A) Preemployment and random testing.-- Regulations issued under paragraph (1) shall limit the use of hair testing as a method of detecting the use of a controlled substance to-- ``(i) preemployment testing; and ``(ii) subject to subparagraph (B), random testing. ``(B) Limitation on use for random testing.--A motor carrier may not use hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle for random testing unless the motor carrier tested such operator at preemployment using the same method. ``(3) Applicability of general testing guidelines.--A motor carrier using hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle shall be subject to-- ``(A) privacy and other testing and laboratory requirements under subsection (c); and ``(B) clearinghouse requirements under section 1306a.''. (b) Effective Date.--The regulations required by section 31306 of title 49, United States Code, as added by subsection (a), shall be issued not later than 1 year after the date of enactment of this Act. SEC. 3. GUIDELINES FOR HAIR TESTING. Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue scientific and technical guidelines for hair testing as a method of detecting the use of a controlled substance for purposes of section 31306 of title 49, United States Code, as amended by this Act. SEC. 4. EXEMPTION DURING RULEMAKING PROCESS. (a) In General.--The Secretary of Transportation shall develop procedures to allow a motor carrier to apply for an exemption under section 31306 of title 49, United States Code, to use hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle instead of other methods of preemployment and random testing. The procedures shall remain in effect until the procedures required under the amendment made by section 2 have been implemented. (b) Limitations on Exemption.--A motor carrier shall be eligible to apply for an exemption under paragraph (1) only if-- (1) the motor carrier demonstrates to the Secretary that the carrier has used hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle for at least 1 year before the date of enactment of this Act; and (2) the motor carrier uses a hair testing laboratory that-- (A) has obtained laboratory accreditation from the College of American Pathologists; and (B) uses a testing method that has been cleared by the Food and Drug Administration under section 510(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k)). (c) Applicability of General Testing Guidelines.--A motor carrier using hair testing as a method of detecting the use of a controlled substance by an operator of a commercial motor vehicle shall be subject to-- (1) privacy and other testing and laboratory requirements under subsection (c); and (2) clearinghouse requirements under section 1306a of such title. SEC. 5. REPORT. Not later than 1 year after the date of implementation of the regulations issued under section 31306(d) of title 49, United States Code (as amended by this Act), and annually thereafter, the Secretary shall submit to Congress a report containing an analysis of the efficacy of hair testing and urinalysis as methods of detecting the use of controlled substances. SEC. 6. DEFINITIONS. In this Act, the following definitions apply: (1) Commercial motor vehicle.--The term ``commercial motor vehicle'' has the meaning given the term in section 31301 of title 49, United States Code. (2) Controlled substance.--The term ``controlled substance'' means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of Transportation. (3) Motor carrier.--The term ``motor carrier'' has the meaning given the term in section 13102 of title 49, United States Code.

Drug Free Commercial Driver Act of 2013 - Directs the Secretary of Transportation (DOT) to modify regulations that require motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of commercial motor vehicle operators for controlled substances or alcohol. Allows a motor carrier to use hair testing as a method for detecting use of controlled substances by an operator, but only for preemployment testing and random testing (but the latter only if the motor carrier tested the operator at preemployment using the same method). Directs the Secretary of Health and Human Services (HHS) to issue scientific and technical guidelines for hair testing of operators for use of controlled substances. Directs the Secretary to develop procedures to allow a motor carrier during the rulemaking process to apply for an exemption from current requirements to allow use of hair testing of operators for controlled substances instead of other methods of preemployment and random testing.

Drug Free Commercial Driver Act of 2013