FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Persian Gulf War Veterans Health Act of 1998''. SEC. 2. PRESUMPTION OF SERVICE CONNECTION FOR ILLNESSES ASSOCIATED WITH SERVICE IN THE PERSIAN GULF DURING THE PERSIAN GULF WAR. (a) In General.--(1) Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 1118. Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War ``(a)(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness described in paragraph (2) or identified pursuant to subsection (b) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service. ``(2) An illness referred to in paragraph (1) is any diagnosed or undiagnosed illness that-- ``(A) the Secretary determines in regulations prescribed under this section to warrant a presumption of service connection by reason of having a positive association with exposure to a biological, chemical, or other toxic agent or environmental or wartime hazard known or presumed to be associated with service in the Armed Forces in the Southwest Asia theater of operations during the period beginning on August 2, 1990, and ending on December 31, 1991; and ``(B) becomes manifest in a Persian Gulf War veteran who by reason of service in Southwest Asia during the period beginning on August 2, 1990, and ending on December 31, 1991, was exposed to such agent or hazard. ``(3) For purposes of this subsection, a Persian Gulf War veteran who has an illness described in paragraph (2) shall be presumed to have been exposed by reason of such service to the agent or hazard associated with the illness in the regulations prescribed under this subsection unless there is conclusive evidence to establish that the veteran was not exposed to the agent or hazard by reason of such service. ``(b)(1) The Secretary shall enter into a contract with an appropriate independent scientific body to establish a panel for the purpose of reviewing the medical and scientific literature to identify those diseases and illnesses epidemiologically, medically, or scientifically associated with exposure of humans or animals to any of the materials specified in subsection (c). The panel shall be composed of non-Government scientific experts representing, at minimum, the disciplines of toxicology, immunology, microbiology, molecular biology, genetics, biochemistry, chemistry, epidemiology, medicine, and public health. ``(2) The Secretary shall require that the panel submit to the Secretary, not later than one year after the date of the enactment of this section, a report, based upon the review under paragraph (1), identifying such diseases and illnesses. ``(3) Upon submission to the Secretary of the report under paragraph (2), each disease or illness identified in the report that becomes manifest in a Persian Gulf War veteran shall be presumed to be service-connected. ``(4) There is authorized to be appropriated to the Secretary $1,000,000 to carry out this subsection. ``(5) The specification of presumed exposures in subsection (c) shall be updated as information develops confirming the exposure of Persian Gulf War veterans or members of their families to additional chemical, biological, radiological, or other genotoxic or infectious materials. The Secretary shall periodically enter into a contract as described in paragraph (1) for the purposes of identifying and confirming such exposures. Upon submission to the Secretary of a report pursuant to such a contract, the Secretary shall add each disease or illness identified in the report that becomes manifest in a Persian Gulf War veteran to those diseases and illnesses that are presumed under this section to be service-connected. ``(c) Presumption of Exposure.--Each Persian Gulf War veteran shall be presumed to have been exposed to the following potentially hazardous materials: ``(1) The following organophosphorous pesticides: ``(A) Chlorpyrifos. ``(B) Diazinon. ``(C) Dichlorvos. ``(D) Malathion. ``(2) The following carbamate pesticides: ``(A) Proxpur. ``(B) Carbaryl. ``(C) Methomyl. ``(3) The following carbamate used as nerve agent prophylaxis: ``(A) Pyridostigmine bromide. ``(4) The following chlorinated dydrocarbon and other pesticides and repellents: ``(A) Lindane. ``(B) Pyrethroids. ``(C) Rodenticides (bait). ``(D) Repellent (DEET). ``(5) The following low-level nerve agents and precursors compounds: ``(A) Sarin. ``(B) Tabun. ``(6) The following other synthetic chemical compounds: ``(A) Low-level mustard agents. ``(B) VOCs. ``(C) Hydrazine. ``(D) Red fuming nitric acid. ``(E) Solvents. ``(F) Uranium. ``(7) The following ionizing radiation: ``(A) Depleted uranium. ``(B) Microwave. ``(C) RF radiation. ``(8) The following environmental particulates and pollutants: ``(A) Hydrogen sulfide. ``(B) Oil fire byproducts. ``(C) Diesel heater fumes. ``(D) Sand micro-particles. ``(9) Diseases endemic to the region (including the following): ``(A) Leishmaniasis. ``(B) Sandfly fever. ``(C) Pathogenic escherechia coli. ``(D) Shigellosis. ``(E) Malaria. ``(10) Time compressed administration of multiple live, ``attenuated,'' and toxoid vaccines. ``(d) For purposes of this section: ``(1) The term `Persian Gulf War veteran' means a veteran who served on active duty in the Southwest Asia theater of operations during the period beginning on August 2, 1990, and ending on December 31, 1991. ``(2) The term `non-Government scientific expert' means an individual who is a scientific expert who (A) is not employed by the United States, and (B) received less than 15 percent of income during the preceding 12 months from federally funded research activities.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1117 the following new item: ``1118. Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War.''. (b) Conforming Amendments.--Section 1113 of title 38, United States Code, is amended-- (1) by striking out ``or 1117'' each place it appears and inserting in lieu thereof ``1117, or 1118''; and (2) in subsection (a), by striking out ``or 1116'' and inserting in lieu thereof ``, 1116, or 1118''. SEC. 3. PLAN FOR MEDICAL SURVEILLANCE OF PERSIAN GULF WAR VETERANS AND THEIR FAMILIES. (a) Plan for Contract To Establish Independent Review Panel.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a plan to contract with an appropriate independent scientific body to establish a panel, to be composed of non-Government scientific experts (as defined in section 1118(d)(2) of title 38, United States Code, as added by section 2), for the purpose of reviewing the statistical occurrence of both diagnosed and undiagnosed illnesses and symptoms among veterans of the Persian Gulf War and their families. (b) Criteria and Plan for Review.--The criteria and a plan for such review shall be established by the panel and shall be submitted by the panel to the Secretary of Veterans Affairs and the chairman and ranking minority party member of the Committees on Veterans' Affairs of the Senate and the House of Representatives. SEC. 4. PLAN FOR PERMANENT EXPERT ADVISORY GROUP ON CHEMICAL, BIOLOGICAL, AND RADIOLOGICAL DEFENSE. Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a plan for the establishment of a permanent expert advisory group to be composed of individuals capable of providing expert advice both to the President and the congressional defense and intelligence committees on the adequacy of current United States chemical, biological, and radiological defense technologies, procurement practices, and doctrine to defend the Armed Forces against both the immediate and chronic consequences of acute and sub-acute exposures to chemical, biological, radiological, or other genotoxic battlefield materials.

Persian Gulf War Veterans Health Act of 1998 - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) an illness that: (1) the Secretary of Veterans Affairs determines to have a positive association with a biological, chemical, or other toxic agent or environmental or wartime hazard (agent or hazard) associated with service in the southwest Asia theater of operations during the Persian Gulf War; and (2) becomes manifest in a veteran who was exposed to such agent or hazard by reason of such service. Presumes such exposure unless there is conclusive evidence otherwise. Directs the Secretary to contract with an independent scientific body to establish a panel for reviewing medical and scientific literature to identify those diseases and illnesses associated with exposure of humans or animals to specified pesticides, agents, compounds, particulates, radiation, and pollutants. Requires each disease or illness identified that becomes manifest in a Gulf veteran to be presumed to be service-connected. Authorizes appropriations. Requires the updating of presumed exposures. Enumerates the pesticides, agents, compounds, particulates, radiation, and pollutants to which Gulf veterans shall be presumed to have been exposed. Directs the Secretary to submit to the Congress a plan for establishing a panel to review the statistical occurrence of both diagnosed and undiagnosed illnesses and symptoms among Gulf War veterans and their families. Directs the President to submit to the Congress a plan for the establishment of a permanent expert advisory group to advise the President and the congressional defense and intelligence committees on the adequacy of current U.S. chemical, biological, and radiological defense technologies, procurement practices, and doctrine for defending U.S. forces against both the immediate and chronic consequences of acute and subacute exposures to chemical, biological, radiological, or other genotoxic battlefield materials.

Persian Gulf War Veterans Health Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Contractors and Federal Spending Accountability Act of 2008''. SEC. 2. DATABASE FOR CONTRACTING OFFICERS AND SUSPENSION AND DEBARMENT OFFICIALS. (a) In General.--Subject to the authority, direction, and control of the Director of the Office of Management and Budget, the Administrator of General Services shall establish and maintain a database of information regarding integrity and performance of persons awarded Federal contracts and grants for use by Federal officials having authority over contracts and grants. (b) Persons Covered.--The database shall cover any person awarded a Federal contract or grant if any information described in subsection (c) exists with respect to such person. (c) Information Included.--With respect to a person awarded a Federal contract or grant, the database shall include information (in the form of a brief description) for at least the most recent 5-year period regarding-- (1) any civil or criminal proceeding, or any administrative proceeding to the extent that such proceeding results in both a finding of fault on the part of the person and the payment of restitution to a government of $5,000 or more, concluded by the Federal Government or any State government against the person, and any amount paid by the person to the Federal Government or a State government; (2) all Federal contracts and grants awarded to the person that were terminated in such period due to default; (3) all Federal suspensions and debarments of the person in that period; (4) all Federal administrative agreements entered into by the person and the Federal Government in that period to resolve a suspension or debarment proceeding and, to the maximum extent practicable, agreements involving a suspension or debarment proceeding entered into by the person and a State government in that period; and (5) all final findings by a Federal official in that period that the person has been determined not to be a responsible source under either subparagraph (C) or (D) of section 4(7) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(7)). (d) Requirements Relating to Information in Database.-- (1) Direct input and update.--The Administrator shall design and maintain the database in a manner that allows the appropriate officials of each Federal agency to directly input and update in the database information relating to actions it has taken with regard to contractors or grant recipients. (2) Timeliness and accuracy.--The Administrator shall develop policies to require-- (A) the timely and accurate input of information into the database; (B) notification of any covered person when information relevant to the person is entered into the database; and (C) an opportunity for any covered person to append comments to information about such person in the database. (e) Availability.-- (1) Availability to all federal agencies.--The Administrator shall make the database available to all Federal agencies. (2) Availability to the public.--The Administrator shall make the database available to the public by posting the database on the General Services Administration website. (3) Limitation.--This subsection does not require the public availability of information that is exempt from public disclosure under section 552(b) of title 5, United States Code. SEC. 3. REVIEW OF DATABASE. (a) Requirement to Review Database.--Prior to the award of a contract or grant, an official responsible for awarding a contract or grant shall review the database established under section 2. (b) Requirement to Document Present Responsibility.--In the case of a prospective awardee of a contract or grant against which a judgment or conviction has been rendered more than once within any 3-year period for the same or similar offences, if each judgment or conviction is a cause for debarment, the official responsible for awarding the contract or grant shall document why the prospective awardee is considered presently responsible. SEC. 4. DISCLOSURE IN APPLICATIONS. (a) Requirement.--Not later than 180 days after the date of the enactment of this Act, Federal regulations shall be amended to require that in applying for any Federal grant or submitting a proposal or bid for any Federal contract a person shall disclose in writing information described in section 2(c). (b) Covered Contracts and Grants.--This section shall apply only to contracts and grants in an amount greater than the simplified acquisition threshold, as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 401(11)). SEC. 5. ROLE OF INTERAGENCY COMMITTEE. (a) Requirement.--The Interagency Committee on Debarment and Suspension shall-- (1) resolve issues regarding which of several Federal agencies is the lead agency having responsibility to initiate suspension or debarment proceedings; (2) coordinate actions among interested agencies with respect to such action; (3) encourage and assist Federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the Governmentwide suspension and debarment system; (4) recommend to the Office of Management and Budget changes to Government suspension and debarment system and its rules, if such recommendations are approved by a majority of the Interagency Committee; (5) authorize the Office of Management and Budget to issue guidelines that implement those recommendations; (6) authorize the chair of the Committee to establish subcommittees as appropriate to best enable the Interagency Committee to carry out its functions; and (7) submit to the Congress an annual report on-- (A) the progress and efforts to improve the suspension and debarment system; (B) member agencies' active participation in the committee's work; and (C) a summary of each agency's activities and accomplishments in the Governmentwide debarment system. (b) Definition.--The term ``Interagency Committee on Debarment and Suspension'' means such committee constituted under sections 4 and 5 and of Executive Order 12549. SEC. 6. AUTHORIZATION OF INDEPENDENT AGENCIES. Any agency, commission, or organization of the Federal Government to which Executive Order 12549 does not apply is authorized to participate in the Governmentwide suspension and debarment system and may recognize the suspension or debarment issued by an executive branch agency in its own procurement or assistance activities. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator of General Services such funds as may be necessary to establish the database described in section 2. SEC. 8. REPORT TO CONGRESS. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall submit to Congress a report. (b) Contents of Report.--The report shall contain the following: (1) A list of all databases that include information about Federal contracting and Federal grants. (2) Recommendations for further legislation or administrative action that the Administrator considers appropriate to create a centralized, comprehensive Federal contracting and Federal grant database. Passed the House of Representatives April 23, 2008. Attest: LORRAINE C. MILLER, Clerk.

Contractors and Federal Spending Accountability Act of 2008 - (Sec. 2) Requires the Administrator of General Services, subject to the authority of the Director of the Office of Management and Budget (OMB), to establish and maintain on a General Services Administration (GSA) website a database of information regarding the integrity and performance of persons awarded federal contracts and grants for use by federal officials. Authorizes appropriations. Requires the Administrator to make the database available to all federal agencies. Requires the database to include information, for the last five years, regarding: (1) any civil or criminal proceeding, or and administrative proceeding resulting in a finding of fault and payment of restitution to a government of $5,000 or more, concluded by the federal government and state governments against such persons; and (2) federal contacts and grants terminated due to defaults by such persons; (3) federal suspensions and debarments of such persons; (4) federal and state administrative agreements to resolve suspension or debarment proceedings; and (5) final findings by a federal official that such a person has been determined not to be a responsible source under the Office of Federal Procurement Policy Act. Requires federal regulations to be amended to require applicants for federal grants or contracts exceeding the simplified acquisition threshold to disclose such information in writing. Requires the Administrator to develop policies to require: (1) notification of any covered person when information relevant to the person is entered into the database; and (2) an opportunity for any covered person to append comments to information about such person in the database. (Sec. 3) Requires an official to: (1) review such database prior to awarding a contract or grant; and (2) document why a prospective contract or grant awardee against whom a judgment or conviction for the same offense, or similar offences, has been rendered more than once within any three-year period, if each judgment or conviction is a cause for debarment, is considered presently responsible. (Sec. 5) Requires the Interagency Committee on Debarment and Suspension to: (1) resolve issues regarding determination of the lead agency responsible for initiating suspension or debarment proceedings; (2) coordinate actions among interested agencies; (3) encourage and assist federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the government-wide suspension and debarment system; (4) recommend to OMB changes to such system and its rules; (5) authorize OMB to issue guidelines that implement such recommendations; (6) authorize the Committee's chair to establish subcommittees; and (7) report to Congress annually on progress and efforts to improve such system, member agencies' active participation in the committee's work, and a summary of each agency's activities and accomplishments in such system. (Sec. 6) Allows federal agencies, commissions, or organizations not currently participating in the federal suspension and debarment system to participate and to recognize suspensions or debarments issued by participating agencies. (Sec. 8) Requires the Administrator to submit a report to Congress that includes: (1) a list of all databases that include information about federal contracting and grants; and (2) recommendations for legislation or administrative action to create a centralized, comprehensive federal contracting and grant database.

To improve Federal agency awards and oversight of contracts and assistance and to strengthen accountability of the Government-wide suspension and debarment system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Response Reform Act of 2015''. TITLE I--FEMA DISASTER ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS SEC. 101. HOUSING UNITS IN HOUSING COOPERATIVES. (a) Housing Cooperative Defined.--Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by adding at the end the following: ``(13) Housing cooperative.--The term `housing cooperative' means a multi-unit housing project in which each dwelling unit is subject to separate use and possession by one or more cooperative members whose interest in such unit, and in any undivided assets of the cooperative association that are appurtenant to such unit, is evidenced by a membership or share interest in a cooperative association and a lease or other document of title or possession granted by such cooperative as the owner of all cooperative property.''. (b) Major Disaster Assistance to Individuals and Households.-- Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)) is amended by adding at the end the following: ``(5) Housing cooperatives.-- ``(A) Damaged housing units.--In carrying out paragraphs (2) and (3), the President shall-- ``(i) treat an owner-occupied housing unit of a housing cooperative in the same manner as an owner-occupied private residence; and ``(ii) provide financial assistance for owner-occupied housing units of housing cooperatives on a unit-by-unit basis. ``(B) Essential living items.-- ``(i) Eligibility for financial assistance.--The President may provide financial assistance under paragraphs (2) and (3) in connection with essential living items that are owned by the association for a housing cooperative and located in an owner-occupied housing unit of the housing cooperative. ``(ii) Procedures.-- ``(I) In general.--The President shall establish procedures for providing assistance under clause (i). The procedures shall ensure that essential services in individual housing units of housing cooperatives are promptly restored following a major disaster and such units are returned to a safe and sanitary living or functioning condition. ``(II) Recipients of assistance.-- Under such procedures, the President may provide financial assistance directly to residents of owner-occupied housing units of a housing cooperative or to the association for the housing cooperative. ``(C) Essential living item defined.--In this paragraph, the term `essential living item' means those items necessary to return a residence to a safe and sanitary living or functioning condition.''. (c) Applicability.--The amendment made by subsection (b) shall apply to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) after the date of enactment of this Act. SEC. 102. PERSONAL PROPERTY IN BASEMENTS. (a) In General.--Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)) is further amended by adding at the end the following: ``(6) Personal property in basements.-- ``(A) Financial assistance for damaged personal property.--In carrying out paragraphs (2) and (3), the President shall provide financial assistance in connection with personal property that is damaged in a major disaster and is located in the basement of an owner-occupied private residence in the same manner and to the same extent as personal property that is damaged in a major disaster and is located in any other portion of the residence. ``(B) Basement defined.--In this paragraph, the term `basement' means an enclosed area of a dwelling where any portion of the exterior wall or concrete floor is below grade.''. (b) Applicability.--The amendment made by subsection (a) shall apply to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) after the date of enactment of this Act. TITLE II--MORTGAGE RELIEF FOR HOMEOWNERS IN DISASTER AREAS SEC. 201. 90-DAY MORATORIUM ON FORECLOSURES. (a) Minimum Requirement.--Each applicable agency head (as such term is defined in section 204) shall prohibit mortgagees and servicers under covered mortgages from initiating any foreclosure, whether judicial or nonjudicial, or taking any action in furtherance of a foreclosure already commenced, including conducting any foreclosure sale, with respect to the covered mortgage during the 90-day period that begins upon the Presidential declaration of the disaster referred to in section 204(2)(A)(ii) with respect to such mortgage. (b) Additional Relief.--Subsection (a) may not be construed to prevent or prohibit an applicable agency head from extending the period specified in such subsection or taking any other relief or forbearance action with respect to covered mortgages. SEC. 202. REQUIREMENT TO OFFER FORBEARANCE TO AFFECTED HOMEOWNERS. (a) Notification.--Each applicable agency head shall require each mortgagee of a covered mortgage to notify the mortgagor under the mortgage, in writing, not later than the expiration of the 45-day period that begins upon the Presidential declaration of the disaster referred to in section 204(2)(A)(ii) with respect to such mortgage, and in such form as the applicable agency heads shall require pursuant to guidelines issued under section 205-- (1) that the mortgage is a covered mortgage that may be eligible for forbearance relief under this section; (2) of the requirements for eligible homeowners to qualify for such relief; (3) of the terms of such relief; (4) of what action the mortgagor must take to request such relief; (5) that the mortgagor and the mortgagee can agree to terms of forbearance in lieu of or in addition to forbearance relief that may be required under this section to be offered to the mortgagor; and (6) how to contact the mortgagee regarding such additional or alternative relief. (b) Request for Relief.--The applicable agency heads shall, by guidelines issued under section 205, provide for mortgagors under covered mortgages to submit requests, during the 90-day period beginning upon the expiration of the notification period under subsection (a), to the mortgagees of such mortgages for forbearance relief under this section. (c) Determination.--Upon receipt of a request made by a mortgagor under a covered mortgage for forbearance relief under this section that is submitted during the period referred to in subsection (b), the mortgagee shall promptly determine whether the mortgagor is an eligible homeowner and immediately notify the mortgagor in writing of such determination. (d) Requirement To Offer Forbearance.--If, pursuant to a request for relief submitted pursuant to subsection (b) with respect to a covered mortgage, the mortgagee for the mortgage determines that the mortgagor under the mortgage is an eligible homeowner, the mortgagee shall, together with the notification required under subsection (c) submit to the eligible homeowner-- (1) a written offer for forbearance that meets the requirements of subsection (e); (2) an explanation of the terms of such offer and when such offer will expire; (3) an explanation of what action the mortgagor must take to accept such offer; (4) notification that the mortgagor and the mortgagee can agree to terms of forbearance in lieu of or in addition to forbearance relief required under this section to be offered to the mortgagor; and (5) how to contact the mortgagee regarding such additional or alternative relief. (e) Terms of Forbearance.-- (1) In general.--An offer for forbearance with respect to a covered mortgage meets the terms of this subsection only if-- (A) the forbearance provides-- (i) for the suspension of payments due under the mortgage for a period that-- (I) has a duration that is not shorter than 6 months; and (II) begins after the declaration of the major disaster referred to in section 204(2)(A)(ii) but not later than 120 days after such declaration, and may cover periods for which payments due under the mortgage were not paid that occurred before the offer for relief under this section was accepted; and (ii) for recoupment of any arrearage of amounts due under the mortgage resulting from forbearance to by increasing the monthly payments due under the mortgage after the expiration of the forbearance period by an amount not exceeding 5 percent of the monthly amount that would otherwise be due for such month under the original terms of the mortgage; and (B) the offer provides for forbearance and terms, requirements, and procedures for such forbearance that otherwise comply with guidelines issued by the Secretary and the Director pursuant to paragraph (2) of this subsection. (2) Establishment of terms.--The applicable agency heads shall, by guidelines issued pursuant to section 205, provide for the terms, requirements, and procedures for forbearance offered under this section. (f) Other Forbearance.-- (1) Agreements between mortgagor and mortgagee.--This section may not be construed to prevent an eligible homeowner and the mortgagee for the covered mortgage of such eligible homeowner from agreeing to any other forms or terms of forbearance, regardless of whether such eligible homeowner makes a request under subsection (b) or receives an offer of forbearance pursuant to subsection (d). (2) Limitations on agencies.--An applicable agency head may not establish-- (A) any limitations or restrictions on the forms or terms of forbearance relief that a mortgagee may offer or agree to with respect to a covered mortgage, including the duration of the forbearance period, the duration of the period for recoupment of arrearages resulting from forbearance, and the amount of principal forgiven; or (B) any requirement that a mortgagee obtain approval of the agency head before the mortgagee may offer or agree to any particular forms or terms of forbearance relief with respect to a covered mortgage. SEC. 203. ENFORCEMENT. (a) FHA.--The Secretary and the Mortgagee Review Board shall enforce compliance by mortgagees with this title and the guidelines issued to carry out this title under section 202(c) of the National Housing Act (12 U.S.C. 1708(c)). (b) Fannie Mae and Freddie Mac.--If the Director determines, on the record after an opportunity for an agency hearing, that a mortgagee has violated this title or the guidelines issued to carry out this title, the Director shall prohibit the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation from purchasing, acquiring, newly lending on the security of, newly investing in securities consisting of, or otherwise newly dealing in any mortgage of or originated by such mortgagee for a period of 12 months. SEC. 204. DEFINITIONS. For purposes of this title, the following definitions shall apply: (1) Applicable agency head.--The term ``applicable agency head'' means-- (A) the Secretary, with respect to a covered mortgage described in paragraph (2)(B)(i); and (B) the Director, with respect to a covered mortgage described in paragraph (2)(B)(ii). (2) Covered mortgage.--The term ``covered mortgage'' means a mortgage-- (A) that is secured by a one- to four-family dwelling that-- (i) is the principal residence of the mortgagor; and (ii) is located within an area for which a major disaster was declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); and (B) that is-- (i) insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.); or (ii) owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (3) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (4) Eligible homeowner.--The term ``eligible homeowner'' means a mortgagor under a covered mortgage whose-- (A) household experienced a disruption in income as a result of the major disaster referred to in paragraph (2)(A)(ii), as determined in accordance with guidelines issued pursuant to section 205; or (B) residence that secures the mortgage was damaged as a result of the major disaster referred to in paragraph (2)(A)(ii), as determined in accordance with guidelines issued pursuant to section 205. (5) Mortgagee.--The term ``mortgagee'' means, with respect to a covered mortgage, the original lender under the mortgage and any affiliates, agents, subsidiaries, successors, or assignees of such lender, any subsequent purchaser, trustee, or transferee of the mortgage or credit instrument issued by such lender. (6) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 205. GUIDELINES. Not later than the expiration of the 30-day period beginning on the date of the enactment of this Act, the Secretary and the Director shall jointly issue regulations to carry out this title.

Disaster Response Reform Act of 2015 Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require the President, in providing repair or replacement assistance to owner-occupied private residences damaged by a major disaster declared after enactment of this Act, to: (1) treat an owner-occupied housing unit of a housing cooperative in the same manner as an owner-occupied private residence, and (2) provide financial assistance for such units on a unit-by-unit basis. Authorizes the President to provide such assistance in connection with essential living items that are owned by the association for a housing cooperative and located in an owner-occupied housing unit of the cooperative. Directs the President to provide such repair or replacement assistance in connection with damaged personal property that is located in the basement of an owner-occupied private residence in the same manner and to the same extent as personal property that is is located in any other portion of the residence. Requires the Department of Housing and Urban Development (HUD) (for a covered mortgage that is owned or guaranteed by the Federal National Mortgage Association [Fannie Mae] or the Federal Home Loan Mortgage Corporation [Freddie Mac]) and the Federal Housing Finance Agency (FHFA) to prohibit mortgagees and servicers from initiating or taking action to further any foreclosure with respect to a covered mortgage for 90 days after a presidential declaration of the disaster. Defines a "covered mortgage" as a mortgage that: (1) is secured by a one- to four-family dwelling that is the mortgagor's principal residence and is located within a major disaster area declared by the President; and (2) is insured by the Federal Housing Administration or owned or guaranteed by Fannie Mae or Freddie Mac. Sets forth requirements for: (1) notification by mortgagees to mortgagors regarding such forbearance relief, (2) requests by mortgagors to mortgagees for such relief; and (3) determinations by mortgagees regarding a mortgagor's eligibility for relief. Requires a mortgagee who determines, pursuant to a mortgagor's request, that such mortgagor is an eligible homeowner, to submit to the eligible homeowner: a written offer for forbearance that meets the requirements of this Act; explanations of the terms of such offer, when it will expire, and what action the mortgagor must take to accept it; and notification that the mortgagor and the mortgagee can agree to terms of forbearance in lieu of or in addition to forbearance relief required to be offered under this Act and how to contact the mortgagee regarding such relief. Sets forth required terms of such forbearance, including: (1) a suspension of mortgage payments for at least six months, and (2) recoupment of any resulting arrearage by increasing the monthly payments due after the forbearance period by an not more than 5% of the monthly amount that would otherwise be due. Directs HUD to enforce compliance by mortgagees with this Act and the guidelines issued under it. Requires the FHFA, upon determining that a mortgagee has violated this Act, to prohibit Fannie Mae and Freddie Mac from acquiring or otherwise newly dealing in any mortgage of or originated by such mortgagee for 12 months.

Disaster Response Reform Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ocean and Coastal Adaptation Planning Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Oceans are a major carbon sink and have absorbed nearly 50 percent of all anthropogenic carbon dioxide emitted into the atmosphere since the beginning of the Industrial Revolution. (2) The increased absorption of carbon dioxide by the oceans due to rising greenhouse gas emissions in the atmosphere has-- (A) increased ocean acidity, which negatively impacts the health of marine and coastal ecosystems and resources; and (B) influenced the important role oceans play in the global cycling of carbon, compounding the effects of temperature change on the ability of ocean and coastal areas to serve as carbon sinks. (3) Climate change has contributed to sea levels rising 7 inches during the 20th century and nearly 1.5 inches between 1993 and 2003. (4) Higher atmospheric concentrations of greenhouse gases result in increased air temperatures, which in turn lead to warmer ocean waters and resulting changes in ecosystem dynamics. (5) Climate change will greatly amplify risks to coastal populations, economies, and ecosystems from-- (A) saltwater inundation of low-lying coastal regions; (B) more frequent flooding due to storm surges; (C) shifts in plant and animal species distributions; and (D) worsening beach erosion from relative sea level rise and increased storm inundation. (6) Researching the effects of climate change and ocean acidification on coastal environments and the ways in which coastal communities must adapt to the challenges these effects will bring is an essential component to the overall response to climate change and greenhouse gas pollution. SEC. 3. DEFINITIONS. In this Act: (1) Administrators.--The term ``Administrators'' means the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Environmental Protection Agency. (2) Institute.--The term ``Institute'' means each of the 4 Institutes for Ocean and Coastal Adaptation to Climate Change and Ocean Acidification established under section 4(a). SEC. 4. INSTITUTES FOR OCEAN AND COASTAL ADAPTATION TO CLIMATE CHANGE. (a) Establishment.--The Administrators shall jointly establish 4 regional institutes, to be known as Institutes for Ocean and Coastal Adaptation to Climate Change and Ocean Acidification, at institutions of higher education in the United States. (b) Purpose.--The purpose of each Institute shall be-- (1) to conduct research, planning, and related efforts to assess, prepare for, and adapt to the ongoing and expected impacts of climate change and ocean acidification on ocean and coastal areas and resources, including the Great Lakes; and (2) to create centers of excellence-- (A) to document and predict coastal and ocean effects of climate change and ocean acidification; and (B) to serve as principal national and international resources for technical expertise on adaptation strategies, including the enhancement and preservation of ecosystem and resource resilience, necessary for ocean and coastal areas to respond to the impacts of climate change and ocean acidification. (c) Selection.-- (1) Location.--The Administrators shall jointly select 1 institution of higher education to serve as an Institute in each of the following regions: (A) The Great Lakes Region, which shall include Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. (B) The Northeast Region, which shall include Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont. (C) The Southeast and Gulf Coast Region, which shall include Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, Texas, Virginia, and the Virgin Islands. (D) The Western and Pacific Region, which shall include Alaska, American Samoa, California, Guam, Hawaii, the Northern Mariana Islands, Oregon, and Washington. (2) Application.--An institution of higher education seeking to be selected as an Institute shall submit an application to the Administrators at such time, in such manner, and containing such information as the Administrators may reasonably require. (d) Grants for Institutes.--The Administrators shall award a grant to each institutions of higher education selected as an Institute to carry out the purposes of the Institute. (e) Schedule.--The Administrators shall-- (1) not later than 9 months after the date of the enactment of this Act, begin accepting the applications referred to in subsection (c)(2); and (2) not later than 90 days after the first date that applications are accepted under paragraph (1)-- (A) select each institution of higher education to serve as an Institute; and (B) award a grant to each such institution, as authorized under subsection (d). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Ocean and Coastal Adaptation Planning Act - Directs the Administrators of the National Oceanic and Atmospheric Administration (NOAA) and the Environmental Protection Agency (EPA) to jointly establish four Institutes for Ocean and Coastal Adaptation to Climate Change and Ocean Acidification to: (1) assess, prepare for, and adapt to the impacts of climate change and ocean acidification on ocean and coastal areas and resources, including the Great Lakes; and (2) create centers of excellence to document and predict coastal and ocean effects of climate change and ocean acidification and to serve as principal national and international resources for technical expertise on adaptation strategies. Requires the Administrators to jointly select and award a grant to one institution of higher education to serve as such an Institute in each of four regions: (1) the Great Lakes Region; (2) the Northeast Region; (3) the Southeast and Gulf Coast Region; and (4) the Western and Pacific Region.

A bill to establish 4 regional institutes as centers of excellence for research, planning, and related efforts to assess and prepare for the impacts of climate change on ocean and coastal areas and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retain Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Hundreds of American corporations are shipping thousands of jobs to foreign countries. (2) United States companies either send American jobs overseas, or choose to employ cheap overseas labor, instead of American workers. (3) Shifting of jobs occurs in all industry sectors including manufacturing, services, supply chain, and all others. SEC. 3. AMENDMENTS. (a) Civilian Agency Contracts.-- (1) Amendment.--Chapter 47 of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 4713. Preference for keeping jobs in the United States ``(a) Preference.--The head of an executive agency shall give a preference for an offeror that certifies to retain jobs performed in the United States (regardless of the citizenship of the employee) and uses products substantially manufactured in the United States and services provided in the United States for the contract for which an offer is made. ``(b) Applicability to Subcontracts.--The preference described under subsection (a) applies to the award of a contract by an executive agency and the award of any subcontract (at any tier) in the performance of such contract. ``(c) Certification.--To be eligible for the preference described under subsection (a), an offeror shall submit a certification that confirms the offeror and any subcontractor (if applicable)-- ``(1) has not relocated jobs from the United States to foreign countries in the preceding five years; ``(2) has not established foreign facilities to perform the same function that otherwise could have been performed in the United States with the intention of manufacturing or providing the same service and importing the same product or service back to the United States; ``(3) will not relocate jobs from the United States to foreign countries during the period of performance of the contract; and ``(4) will use products substantially manufactured in the United States and services provided in the United States under the contract. ``(d) Exception to Certification.--Notwithstanding the requirements of the certification described under subsection (c), the head of an executive agency may except an offeror from any of the requirements if the exception is fully described and justified and one or more of the following conditions apply: ``(1) The products are not manufactured in the United States in sufficient and reasonably available commercial quantities and are not of satisfactory quality. ``(2) There is an unreasonable cost associated with the use of products substantially manufactured in the United States or services provided in the United States. ``(3) The use of products substantially manufactured in the United States or services provided in the United States would be inconsistent with the public interest. ``(e) Violation of Certification.--If the head of an executive agency determines that a contractor has submitted a false statement or violated any of the requirements of the certification described in subsection (c), the head of that executive agency shall terminate the contract for which the contractor received the preference described in subsection (a) and the contractor may not receive the preference for a period of not less than 5 years. ``(f) Report Required.--Not later than November 1 of each year, the head of an executive agency shall submit to Congress a report that includes the names of the contractors that have submitted a false statement or violated any of the requirements of the certification described in subsection (c) for the previous fiscal year. ``(g) Applicability to Parent Companies and Subsidiaries.--For purposes of this section, any prohibition on receiving a preference under subsection (e) applied with respect to a contractor shall apply to any subsidiary or parent company of the contractor.''. (2) Technical and conforming amendment.--The table of sections at the beginning of chapter 47 of title 41, United States Code, is amended by adding at the end the following new item: ``4713. Preference for keeping jobs in the United States.''. (b) Defense Contracts.-- (1) Amendment.--Chapter 137 of title 10, United States Code, is amended by inserting after section 2316 the following new section: ``Sec. 2317. Preference for keeping jobs in the United States ``(a) Preference.--The head of an agency shall give a preference for an offeror that certifies to retain jobs performed in the United States (regardless of the citizenship of the employee) in the United States and uses products substantially manufactured in the United States and services provided in the United States for the contract for which an offer is made. ``(b) Applicability to Subcontracts.--The preference described under subsection (a) applies to the award of a contract by any agency named in section 2303 of this chapter and the award of any subcontract (at any tier) in the performance of such contract. ``(c) Certification.--To be eligible for the preference described under subsection (a), an offeror shall submit a certification that confirms the offeror and any subcontractor (if applicable)-- ``(1) has not relocated jobs from the United States to foreign countries in the preceding five years; ``(2) has not established foreign facilities to perform the same function that otherwise could have been performed in the United States with the intention of manufacturing or providing the same service and importing the same product or service back to the United States; ``(3) will not relocate jobs from the United States to foreign countries during the period of performance of the contract; and ``(4) will use products substantially manufactured in the United States and services provided in the United States under the contract. ``(d) Exception to Certification.--Notwithstanding the requirements of the certification described under subsection (c), the head of an agency may except an offeror from any of the requirements if the exception is fully described and justified and one or more of the following conditions apply: ``(1) The products are not manufactured in the United States in sufficient and reasonably available commercial quantities and are not of satisfactory quality. ``(2) There is an unreasonable cost associated with the use of products substantially manufactured in the United States or services provided in the United States. ``(3) The use of products substantially manufactured in the United States or services provided in the United States would be inconsistent with the public interest. ``(e) Violation of Certification.--If the head of an agency determines that a contractor has submitted a false statement or violated any of the requirements of the certification described in subsection (c), the head of that agency shall terminate the contract for which the contractor received the preference described in subsection (a) and the contractor may not receive the preference for a period of not less than 5 years. ``(f) Report Required.--Not later than November 1 of each year, the head of an agency shall submit to Congress a report that includes the names of the contractors that have submitted a false statement or violated any of the requirements of the certification described in subsection (c) for the previous fiscal year. ``(g) Applicability to Parent Companies and Subsidiaries.--For purposes of this section, any prohibition on receiving a preference under subsection (e) applied with respect to a contractor shall apply to any subsidiary or parent company of the contractor.''. (2) Technical and conforming amendment.--The table of sections at the beginning of chapter 137 of title 10, United States Code, is amended by inserting after the item relating to section 2316 the following new item: ``2317. Preference for keeping jobs in the United States.''. (c) Revision of Federal Acquisition Regulation.--The Federal Acquisition Regulation shall be revised to implement the amendment made by this section. (d) Effective Date; Applicability.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to any contract awarded on or after the date occurring 180 days after such effective date.

Retain Act This bill requires an executive agency to give a contracting preference to an offeror that certifies it will retain jobs performed in the United States and use products substantially manufactured in, and services provided in, the United States for the contract. To be eligible, an offeror shall certify that it: has not relocated jobs from the United States to foreign countries in the preceding five years, has not established foreign facilities to perform the same function that could have been performed in the United States with the intention of manufacturing or providing the same service and importing the same product or service back to the United States, will not relocate jobs from the United States to foreign countries during the contract period, and will use U.S. products and services under the contract. An executive agency may except an offeror from such requirements if: the products needed for the contract are not manufactured in the United States in sufficient and reasonably available commercial quantities and are not of satisfactory quality; there is an unreasonable cost associated with the use of products substantially manufactured in, or services provided in, the United States; and/or the use of such products would be inconsistent with the public interest. If an agency determines that a contractor has submitted a false statement or violated any of the certification requirements, it shall terminate the contract and the contractor may not receive the preference for at least five years. The Federal Acquisition Regulation shall be revised to implement the requirements of this bill.

Retain Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Hydropower Improvement Act of 2010''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Sense of Congress on the use of hydropower renewable resources. Sec. 5. Grants for improvements for increased hydropower production. Sec. 6. Plan for research, development, and demonstration to increase hydropower capacity. Sec. 7. Notice of inquiry for minimal impact hydropower projects. Sec. 8. FERC authority to extend preliminary permit terms. Sec. 9. Streamlining review process for conduit hydropower projects. Sec. 10. Non-Federal hydropower development at Bureau of Reclamation projects. Sec. 11. Pumped storage study. Sec. 12. National Renewable Energy Deployment Program. Sec. 13. Hydroelectric power worker training. Sec. 14. Report on memorandum of understanding on hydropower. Sec. 15. Nonapplication to Federal Power Marketing Administrations. Sec. 16. Budgetary effects. SEC. 2. FINDINGS. Congress finds that-- (1) hydropower is the largest source of clean, renewable electricity in the United States; (2) as of the date of enactment of this Act, hydropower resources, including pumped storage facilities, provide-- (A) 7 percent of the electricity generated in the United States, avoiding 225,000,000 metric tons of carbon emissions each year; and (B) approximately 96,000 megawatts of electric capacity in the United States; (3) only 3 percent of the 80,000 dams in the United States generate electricity so there is substantial potential for adding hydropower generation to nonpower dams; (4) in every State, a tremendous untapped growth potential exists in hydropower resources, including-- (A) efficiency improvements and capacity additions; (B) adding generation to nonpower dams; (C) conduit hydropower; (D) conventional hydropower; (E) pumped storage facilities; and (F) new marine and hydrokinetic resources; and (5) improvements in increased hydropower production in the United States have the potential-- (A) to create hundreds of thousands of new green jobs during the next 15 years; (B) to increase the clean energy generation of the United States; and (C) to provide ancillary benefits that include grid reliability, energy storage, and integration services for variable renewable resources. SEC. 3. DEFINITIONS. In this Act: (1) Conduit.--The term ``conduit'' means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. SENSE OF CONGRESS ON THE USE OF HYDROPOWER RENEWABLE RESOURCES. It is the sense of Congress that the United States should increase substantially the capacity and generation of clean, renewable hydropower resources which will improve environmental quality in the United States and support hundreds of thousands of green energy jobs. SEC. 5. GRANTS FOR IMPROVEMENTS FOR INCREASED HYDROPOWER PRODUCTION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall establish in the Department of Energy a program under which the Secretary shall make competitive grants to eligible entities that-- (1) make efficiency improvements or capacity additions at an existing hydroelectric power generating facility; (2) add hydropower generation to a nonpower dam; (3) develop pumped storage facilities; (4) address aging infrastructure at existing hydroelectric power generating facilities; and (5) develop hydroelectric generation within existing conduits. (b) Administration.-- (1) In general.--The Secretary shall establish terms and conditions, including eligibility, for the receipt of grants under this section. (2) Inclusions.--In carrying out this section, the Secretary shall ensure that powerhouses and projects that require new dam infrastructure are included among the eligible entities that may receive grants under this section. (c) Cost Sharing.--The Secretary shall carry out the program under this section in compliance with sections 988 and 989 of the Energy Policy Act of 2005 (42 U.S.C. 16352, 16353). (d) Funding.--From amounts made available under section 625(e) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17204(e)), the Secretary may use to carry out this section $50,000,000 for each of fiscal years 2011 through 2015, of which not more than 20 percent of the amount made available for a fiscal year may be used to carry out an individual project. SEC. 6. PLAN FOR RESEARCH, DEVELOPMENT, AND DEMONSTRATION TO INCREASE HYDROPOWER CAPACITY. (a) In General.--Not later than 270 days after the date of enactment of this Act, the Secretary shall establish, and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives, a plan-- (1) to facilitate through technology research, development, and demonstration the increased use of hydropower renewable resources in accordance with section 4; and (2) to coordinate research and development on advanced hydropower technologies. (b) Administration.--The Secretary shall-- (1) implement the plan established under this section as soon as practicable after the date of enactment of this Act; and (2) review and update the plan on an annual basis. (c) Cost Sharing.--The Secretary shall carry out the program under this section in compliance with sections 988 and 989 of the Energy Policy Act of 2005 (42 U.S.C. 16352, 16353). (d) Coordination.--The Secretary shall coordinate, to the maximum extent practicable, activities under this section with other programs of the Department of Energy and other Federal research programs. (e) Funding.--From amounts made available under section 401(a) of the American Clean Energy Leadership Act of 2009, the Secretary may use to carry out this section $50,000,000 for each of fiscal years 2011 through 2015. SEC. 7. NOTICE OF INQUIRY FOR MINIMAL IMPACT HYDROPOWER PROJECTS. (a) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Energy Regulatory Commission. (2) Minimal impact hydropower project.--The term ``minimal impact hydropower project'' means-- (A) the addition of hydropower generation to an existing nonpower dam if the addition of the project will not cause any significant environmental impact; or (B) closed-loop hydropower storage that does not require any change in an existing diversion or impoundment of a river, and otherwise will not cause any significant environmental impacts under applicable law. (b) Notice of Inquiry.--Not later than 180 days after the date of enactment of this section, the Commission shall issue a notice of inquiry for the licensing of proposed minimal impact hydropower projects that take not more than 2 years from the beginning of the prefiling licensing process to the issuance of a license by the Commission. (c) Report.--Not later than 180 days after the completion of the notice of inquiry under subsection (b), the Commission shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the notice of inquiry. SEC. 8. FERC AUTHORITY TO EXTEND PRELIMINARY PERMIT TERMS. Section 5 of the Federal Power Act (16 U.S.C. 798) is amended-- (1) by designating the first, second, and third sentences as subsections (a), (c), and (d), respectively; and (2) by inserting after subsection (a) (as so designated) the following: ``(b) Extension.--The Commission may extend the term of a preliminary permit once for not more than 2 additional years if the Commission finds that the permittee has carried out activities under the permit in good faith and with reasonable diligence.''. SEC. 9. STREAMLINING REVIEW PROCESS FOR CONDUIT HYDROPOWER PROJECTS. (a) In General.--Section 30 of the Federal Power Act (16 U.S.C. 823a) is amended-- (1) in subsection (a), by striking paragraphs (1) and (2) and inserting the following: ``(1) is located on non-Federal lands or Federal lands; and ``(2) uses for the generation only the hydroelectric potential of a conduit.''; and (2) by adding at the end the following: ``(f) Savings Clause.--This section shall not apply to any reclamation projects under which hydroelectric power development has been reserved-- ``(1) under Federal law or by regulation or order, exclusively for development under Federal reclamation law; or ``(2) for non-Federal development under reclamation law. ``(g) Definition of Conduit.--In this section, the term `conduit' means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.''. (b) Memorandum of Understanding on Conduit Hydropower Projects.-- Not later than 180 days after the date of enactment of this Act, the Federal Energy Regulatory Commission shall enter into a memorandum of understanding with relevant Federal agencies that have conditioning authority under section 30(c)(1) of the Federal Power Act (16 U.S.C. 823a(c)(1))-- (1) to establish a coordinated and streamlined approach to any environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to the consideration of conduit hydropower projects; and (2) to develop and carry out an expedited approval process for conduit hydropower projects. (c) Public Workshops and Pilot Projects on Conduit Hydropower Projects.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Commissioner of Reclamation and the Federal Energy Regulatory Commission shall conduct 3 public workshops with relevant stakeholders, including water users and the environmental community, to identify ways in which the conduit approval process may be modified-- (A) to reduce barriers to conduit hydropower projects, including barriers created by project costs or the timeframe for approval and maintain adequate environmental, health, and safety protections; and (B) to develop pilot projects in conjunction with voluntary participants to demonstrate flexible and innovative ways to reduce barriers to conduit hydropower while maintaining adequate environmental, health, and safety protections. (2) Report.--Not later than 180 days after the date of the completion of the workshops under paragraph (1), the Commissioner of Reclamation and the Federal Energy Regulatory Commission shall submit to the appropriate committees of Congress a report that describes any recommendations for the conduit approval process developed in the workshops and pilot projects described in paragraph (1). (3) Funding.--From amounts made available under section 9503(f) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10363(f)), the Secretary may use to carry out pilot projects described in paragraph (1)(B) $5,000,000 for the period of fiscal years 2011 through 2015, to remain available until expended. SEC. 10. NON-FEDERAL HYDROPOWER DEVELOPMENT AT BUREAU OF RECLAMATION PROJECTS. (a) Study of Non-Federal Hydropower Development at Bureau of Reclamation Projects.--Not later than 180 days after the date of enactment of this section, the Commissioner of Reclamation (in consultation with the Federal Energy Regulatory Commission, preference power customers, water users, and other interested stakeholders) shall-- (1) conduct a study of barriers to non-Federal hydropower development at Bureau of Reclamation projects; and (2) report to Congress the results of the study. (b) Memorandum of Understanding.--Not later than 180 days after the date of enactment of this section, the Commissioner of Reclamation and the Federal Energy Regulatory Commission shall develop and issue a revised interagency memorandum of understanding to improve the coordination and timeliness of the non-Federal development of hydropower resources at Bureau of Reclamation projects. SEC. 11. PUMPED STORAGE STUDY. (a) In General.--The Secretary, in coordination with the Director of the United States Geological Survey, shall conduct a study (including identification) of Federal land that is well-suited for pumped storage sites and is located near existing or potential sites of intermittent renewable resource development, such as wind farms. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study conducted under subsection (a), including any recommendations. SEC. 12. NATIONAL RENEWABLE ENERGY DEPLOYMENT PROGRAM. (a) In General.--Section 803 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17282) is amended by striking the section heading and inserting ``national renewable energy deployment program''. (b) Definitions.--Section 803(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17282(a)) is amended-- (1) by striking paragraph (1); (2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; and (3) in paragraph (3)(B)(iv) (as so redesignated), by striking ``Alaska small''. (c) Renewable Energy Construction Grants.--Section 803(b) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17282(b)) is amended-- (1) in paragraph (1), by inserting ``establish a national renewable energy construction grants program under which the Secretary shall'' after ``shall''; and (2) by adding at the end the following: ``(5) Priority.--In making grants to eligible applicants to carry out renewable energy projects under this section, the Secretary shall give priority to applicants that-- ``(A) have power costs that are 125 percent or more of average national retail costs; or ``(B) will use the grant to construct renewable electricity projects to replace fossil fuel projects.''. SEC. 13. HYDROELECTRIC POWER WORKER TRAINING. Section 439(b) of the American Clean Energy Leadership Act of 2009 is amended in the second sentence-- (1) in paragraph (6), by striking ``and'' after the semicolon at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(8) hydroelectric power technology.''. SEC. 14. REPORT ON MEMORANDUM OF UNDERSTANDING ON HYDROPOWER. Not later than 18 months after the date of enactment of this Act, the President shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on actions taken by the Department of Energy, the Department of the Interior, and the Corps of Engineers to carry out the memorandum of understanding on hydropower entered into on March 24, 2010, with particular emphasis on actions taken by the agencies to work together and investigate ways to efficiently and responsibly facilitate the Federal permitting process for Federal and non-Federal hydropower projects at Federal facilities, within existing authority. SEC. 15. NONAPPLICATION TO FEDERAL POWER MARKETING ADMINISTRATIONS. (a) In General.--This Act and the amendments made by this Act shall not-- (1) apply to a hydroelectric project that provides power marketed by a Federal Power Marketing Administration; or (2) impact any additions, improvements, or replacements of hydroelectric generation at Federal projects carried out by a Federal Power Marketing Administration; (b) Modifications.--Nothing in this Act limits the authority under existing law of a Federal Power Marketing Administrator in the event that operations at Federal projects with hydropower facilities are modified. SEC. 16. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Hydropower Improvement Act of 2010 - Expresses the sense of Congress that the United States should increase substantially the capacity and generation of clean, renewable hydropower resources which will improve environmental quality in the United States and support hundreds of thousands of green energy jobs. Instructs the Secretary of Energy to establish: (1) a grants program for increased hydropower production; and (2) a plan for research, development, and demonstration to increase hydropower capacity. Directs the Federal Energy Regulatory Commission (FERC) to issue a notice of inquiry for the licensing of proposed minimal impact hydropower projects that take not more than two years from the beginning of the prefiling licensing process to the issuance of a FERC license. Amends the Federal Power Act to authorize FERC to extend the term of a preliminary permit once for not more than two additional years if it finds that the permittee has carried out activities under the permit in good faith and with reasonable diligence. Directs FERC to enter into a memorandum of understanding with relevant federal agencies that have conditioning authority to: (1) establish a coordinated and streamlined approach to any environmental impact statement or similar analysis relating to the consideration of conduit hydropower projects; and (2) develop an expedited approval process for conduit hydropower projects. Directs the Commissioner of Reclamation and FERC to conduct public workshops on and develop pilot conduit hydropower projects. Requires the Commissioner also to study and report to Congress on barriers to non-federal hydropower development at Bureau of Reclamation projects. Instructs the Secretary to study and report to Congress about federal land that is well-suited for pumped storage sites and is located near existing or potential sites of intermittent renewable resource development, such as wind farms. Amends the Energy Independence and Security Act of 2007 to direct the Secretary to establish a national renewable energy construction grants program. Directs the President to report to Congress on actions taken by the Department of Energy (DOE), the Department of the Interior, and the U.S. Army Corps of Engineers to carry out the memorandum of understanding on hydropower entered into on March 24, 2010. Declares this Act inapplicable to the Federal Power Marketing Administrations.

A bill to improve hydropower, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Nevada Sustainable Development in Mining Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds as follows: (1) In the past decade, the concept of ``sustainable development'' has become standard United States and international policy. (2) Sustainable development is environmentally sound and is undertaken in a way that meets the needs of the present without compromising the ability of future generations to meet their needs. (3) Federal land managers have worked with the mining industry and other industries over the past decade to develop sustainability principles for resource development on Federal lands, but there is a need to demonstrate and implement these principles. (4) For the mining industry, a prime goal of sustainable development is to plan and implement economically viable and productive post-mining land uses that will allow lands impacted by mining to continue providing jobs and other economic benefits beyond the completion of mining activity. Privatization of the surface at mine sites is a crucial component in achieving and maintaining sustainable development opportunities for a mining operation's host community. (5) With more than 80 percent of Nevada's lands in Federal ownership, the State's rural communities in particular depend on continued productive uses of Federal lands for jobs, tax revenues, and economic development. (6) Mining on Nevada's public lands is the most important source of high-paying jobs and other economic benefits to rural Nevada communities. Mining on Nevada public lands also provides substantial tax revenues to the Treasury and to State and local governments. (7) The Rochester Mine, located in Pershing County, Nevada, provides an excellent opportunity to demonstrate sustainable development principles in the mining industry. (8) The Rochester Mine, operated by Coeur Rochester, Inc., opened in 1986 and employs 250 people, most of whom live in or near Lovelock, Nevada. The mine operates on patented lands and approximately 7,000 acres of public lands subject to mining claims and impacted by the mining operation. (9) For its 20 years of operation, the Rochester Mine has been the major source of employment for Pershing County residents. (10) The Rochester Mine is near the end of its productivity, and closure and reclamation of the mine are expected to begin within 5 years, subject to closure and reclamation plans to be approved by the Secretary of the Interior and the State of Nevada. Given ore grades and exploration results in the area, Coeur Rochester, Inc. does not contemplate any future mining at the site. (11) Without a post-mining land use for the Rochester Mine or entry of a new industry, Pershing County faces significant and destabilizing unemployment and loss of tax revenues when the Rochester Mine closes. (12) Coeur Rochester, Inc. has developed an innovative plan for post-mining land uses of the Rochester Mine site, including reuse of the mine's overburden and waste rock as aggregate in California and other markets, and potential use of the mine site as a State-permitted landfill for municipal or industrial wastes or construction debris. (13) The public lands subject to mining claims at the Rochester Mine are difficult and uneconomical for the Bureau of Land Management to manage because of the checkerboard pattern of Federal land ownership in the vicinity of the Rochester Mine. (14) Disposal of such lands will also serve other important public objectives, including the demonstration of viable and productive post-mining land uses and of other sustainable development concepts in the mining industry. The project would also facilitate the creation of a new long-term employment source and would result in other important economic development benefits and the maintenance of a tax base for Pershing County. (15) The Bureau of Land Management has determined that the public lands addressed in this Act are suitable for consolidation of ownership or disposal into private ownership. (16) Lands to be conveyed under this Act would remain subject to applicable Federal and State environmental, land use, and safety laws. (17) Any lands disposed of by the Secretary pursuant to this Act would be sold at $500 per acre. (b) Purposes.--The purposes of this Act are-- (1) to implement a sustainable development project in Pershing County, Nevada; (2) to encourage and promote the concept of sustainable development practices in resource-dependent communities that have a limited privately held land base; and (3) to provide funds for the general fund of the Treasury, for the State of Nevada abandoned mine lands program, and for education and other purposes in the State of Nevada. SEC. 3. DEFINITIONS. In this Act: (1) Claimant.--The term ``Claimant'' means Coeur Rochester, Inc. (2) County.--The term ``County'' means Pershing County, Nevada. (3) Mining law.--The term ``the general mining laws'' includes, in general, the provisions of law codified in chapters 2, 12A, and 16 of title 30, United States Code, and in sections 161 and 162 of such title. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. LAND CONVEYANCE. (a) Conveyance of Land.--Notwithstanding any other provision of law, and not later than 90 days after the date of the enactment of this Act, the Secretary shall convey to the Claimant, in return for a payment of $500 per acre, all right, title, and interest, subject to the terms and conditions of subsection (c), in the approximately 7,000 acres of Federal lands subject to Claimant's mining claims maintained under the general mining laws and depicted on the Rochester Sustainable Development Project map. (b) Exemption From Review, Etc.--Any conveyance of land under this Act is not subject to review, consultation, or approval under any other Federal law. (c) Terms and Conditions of Conveyance.-- (1) No impact on legal obligations.--Conveyance of the lands pursuant to subsection (a) shall not affect Claimant's legal obligations to comply with applicable Federal mine closure or mine land reclamation laws, or with any other applicable Federal or State requirement relating to closure of the Rochester Mine and use of the land comprising such mine, including any requirement to prepare any environmental impact statement under the National Environmental Policy Act of 1969. (2) No interference with reclamation and closure obligations.--The sustainable development project shall be carried out in a way that is consistent with reclamation and closure obligations under Federal laws. Federal reclamation and closure obligations shall not be used to remove infrastructure identified by Claimant as being usable by a post-mining land use. (3) Title to materials and minerals.--Notwithstanding any other provision of law, Claimant shall own and have title to all spent ore, waste rock and tailings, and other materials located on lands conveyed pursuant to subsection (a). (4) Valid existing rights.--All lands conveyed pursuant to subsection (a) shall be subject to valid existing rights existing as of the date of transfer of title, and Claimant shall succeed to the rights and obligations of the United States with respect to any mining claim, mill site claim, lease, right-of-way, permit, or other valid existing right to which the property is subject. (5) Environmental liability.--Notwithstanding any other Federal, State or local law, the United States-- (A) shall not be responsible for investigating or disclosing the condition of any property to be conveyed under this Act; and (B) shall not be responsible for environmental remediation, waste management, or environmental compliance activities arising from its ownership, occupancy, or management of land and interests therein conveyed under this Act with respect to conditions existing at or on the land at the time of the conveyance. SEC. 5. DISPOSITION OF PROCEEDS. The gross proceeds of conveyances of land under this Act shall be used as follows: (1) Such sums as are necessary shall be used to cover 100 percent of the administrative costs, not to exceed $20,000, incurred by the Nevada State Office and the Winnemucca Field Office of the Bureau of Land Management in conducting conveyances under this Act. (2) $500,000 shall be paid directly to the State of Nevada for use in the State's abandoned mined land program. (3) $20,000 per fiscal year for a 5-fiscal-year period shall be paid directly to Pershing County, Nevada. (4) Proceeds remaining after the payments pursuant to paragraphs (1) through (3) shall be deposited in the general fund of the Treasury.

Northern Nevada Sustainable Development in Mining Act - Directs the Secretary of the Interior to convey to Couer Rochester, Inc., in return for a payment of $500 per acre, specified federal lands in Pershing County, Nevada, subject to Coeur Rochester Inc.'s mining claims maintained under the general mining laws. Prohibits any conveyance of land under this Act from being subject to review, consultation, or approval under any other federal law. Provides for the disposition of the proceeds of conveyances of land under this Act.

To direct the Secretary of the Interior to dispose of certain public lands that are subject to mining operations in Pershing County, Nevada, to support sustainable development opportunities for the community in which the mining operations occur through privatization of the lands allowing for productive post-mining land use that provides for economic development opportunities and local government revenues, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in IRS Debt Payment Act of 1999''. SEC. 2. INTEREST ON TAX PORTION OF UNDERPAYMENT TO BE COMPOUNDED ANNUALLY. (a) In General.--Section 6622 of the Internal Revenue Code of 1986 (relating to interest compounded daily) is amended by adding at the end the following new subsection: ``(c) Interest on Tax Portion of Underpayment To Be Compounded Annually.-- ``(1) In general.--In the case of interest or other amount referred to in subsection (a) which is required to be paid by the taxpayer, such interest and such amount shall be compounded annually. The preceding sentence shall only apply to the extent that the amount on which such interest and amount are imposed is tax. ``(2) Interest and penalties not treated as tax.-- Notwithstanding sections 6601(e) and 6665, interest and additions to the tax, additional amounts, and penalties provided by chapter 68 shall not be treated as tax for purposes of paragraph (1). ``(3) Allocation of payments.--For purposes of paragraph (1), payments on any underpayment shall be allocated first to amounts which are not treated as tax under paragraph (2) and then to amounts of tax.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to interest for periods after December 31, 1999. SEC. 3. ALLOCATION OF PAYMENTS TO UNDERPAYMENTS. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7527. ALLOCATION OF PAYMENTS TO UNDERPAYMENTS. ``In the case of a taxpayer having underpayments for more than 1 taxable period, payments by the taxpayer against those underpayments shall be allocated by the Secretary of the Treasury equally among such underpayments or in such other manner as may be directed by the taxpayer.'' (b) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7527. Allocation of payments to underpayments.'' (c) Effective Date.--The amendments made by this section shall apply to payments made after December 31, 1999. SEC. 4. PROHIBITION ON MODIFICATION OF INSTALLMENT AGREEMENTS. (a) In General.--Section 6159 of the Internal Revenue Code of 1986 (relating to agreements for payment of tax liability in installments) is amended by redesignating subsections (d) and (e) as subsection (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: ``(d) Prohibition of Certain Modifications of Installment Agreements.--If the Secretary enters into an installment agreement with a taxpayer under this section (other than under subsection (c))-- ``(1) such agreement shall serve as a closing agreement with respect to the amount of the liability specified in the installment agreement for the periods to which such liability relates, and ``(2) except as provided in subsection (b)(2), such installment agreement may not be altered, modified, or terminated other than by reason of a failure to make a timely payment of any installment under such agreement.'' (b) Conforming Amendments.-- (1) Subsection (b) of section 6159 of such Code is amended by striking paragraphs (3) and (4) and by redesignating paragraph (5) as paragraph (3). (2) Paragraph (3) of section 6159(b) of such Code (as redesignating by paragraph (1)) is amended by striking ``, (3), or (4)''. (c) Effective Date.--The amendments made by this section shall apply to agreements entered into after December 31, 1999. SEC. 5. LIMITATION ON AGGREGATE INTEREST AND PENALTIES. (a) In General.--Section 6404 of the Internal Revenue Code of 1986 (relating to abatements) is amended by adding at the end the following new subsection: ``(j) Abatement of Excessive Interest and Penalties.-- ``(1) In general.--The Secretary shall abate the excessive portion of interest and penalties. ``(2) Excessive portion.--The excessive portion of interest and penalties is the amount by which the aggregate interest, penalties, and additions to the tax with respect to any tax exceeds the amount of such tax.'' (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 6. GUIDELINES AND CRITERIA FOR PENALTY ABATEMENT; REQUIRED EXPLANATION OF REFUSAL TO ABATE PENALTIES. (a) In General.--Section 6404 of the Internal Revenue Code of 1986 (relating to abatements) is amended by adding at the end the following new subsection: ``(k) Guidelines and Criteria for Penalty Abatement; Required Explanation of Refusal To Abate Penalties.-- ``(1) Guidelines and criteria.--The Secretary shall prescribe guidelines and criteria which will be used by the Secretary in determining whether to abate any penalty or addition to the tax. ``(2) Explanations.--If-- ``(A) a taxpayer requests (in such form and manner as the Secretary prescribes) that the Secretary abate any portion of a penalty or an addition to the tax, and ``(B) the Secretary does not grant such request in full, the Secretary shall provide a written explanation to the taxpayer of the reason for not granting such request.'' (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

Fairness in IRS Debt Payment Act of 1999 - Amends the Internal Revenue Code to compute interest on the tax portion of underpayments annually (currently daily). Allocates payments for taxable period underpayments equally among such periods or as directed by the taxpayer. Prohibits the Secretary of the Treasury from modifying certain voluntary installment agreements other than for reasons of nonpayment. Requires abatement of aggregate tax interest and penalties in excess of the amount of such tax. Requires the Secretary to: (1) prescribe penalty abatement guidelines; and (2) provide a requesting taxpayer with a written explanation for nonabatement of a penalty.

Fairness in IRS Debt Payment Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Immigrants From Legal Exploitation Act of 2013''. SEC. 2. SCHEMES TO PROVIDE FRAUDULENT IMMIGRATION SERVICES. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1041. Schemes to provide fraudulent immigration services ``(a) In General.--Any person who knowingly or recklessly executes a scheme or artifice, in connection with any matter that is authorized by or arises under any Federal immigration law or any matter the offender claims or represents is authorized by or arises under any Federal immigration law, to-- ``(1) defraud any person; or ``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, or promises, shall be fined under this title, imprisoned not more than 10 years, or both. ``(b) Misrepresentation.--Any person who knowingly and falsely represents that such person is an attorney or an accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both. ``(c) Reimbursement.--Any person convicted of offenses under this section must fully reimburse the client for any services that person fraudulently provided.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by adding at the end the following: ``1041. Schemes to provide fraudulent immigration services.''. SEC. 3. COMBATING SCHEMES TO DEFRAUD ALIENS. (a) Regulations, Forms, and Procedures.--The Secretary of Homeland Security and the Attorney General, for matters within their respective jurisdictions arising under the immigration laws, shall promulgate appropriate regulations, forms, and procedures defining the circumstances in which-- (1) persons submitting applications, petitions, motions, or other written materials relating to immigration benefits or relief from removal under the immigration laws will be required to identify who (other than immediate family members) assisted them in preparing or translating the immigration submissions; and (2) any person or persons who received compensation (other than a normal fee for copying, mailing, or similar services) in connection with the preparation, completion, or submission of such materials will be required to sign the form as a preparer and provide identifying information. (b) Civil Injunctions Against Immigration Service Provider.--The Attorney General may commence a civil action in the name of the United States to enjoin any immigration service provider from further engaging in any fraudulent conduct that substantially interferes with the proper administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before the Department of Justice and the Department of Homeland Security. (c) Definitions.--In this section: (1) Immigration laws.--The term ``immigration laws'' has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). (2) Immigration service provider.--The term ``immigration service provider'' means any individual or entity (other than an attorney or individual otherwise authorized to provide representation in immigration proceedings as provided in Federal regulation) who, for a fee or other compensation, provides any assistance or representation to aliens in relation to any filing or proceeding relating to the alien which arises, or which the provider claims to arise, under the immigration laws, Executive order, or Presidential proclamation. SEC. 4. RELIEF FOR VICTIMS OF NOTARIO FRAUD. (a) In General.--An alien may withdraw, without prejudice, an application or other submission for immigration status or other immigration benefit if the alien submits information indicating the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud and attests that the alien had no prior knowledge the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud. (b) Corrected Filings.--The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall develop a procedure for submitting corrected applications or other submissions withdrawn under paragraph (1). The Secretary of Homeland Security, the Secretary of State, and the Attorney General shall permit corrected applications or other submissions to be resubmitted notwithstanding the numerical and time limitations on the filing of the applications or other submissions covered by this Act. (c) Waiver of Bar to Reentry.--Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)), as amended by section 2315(a), is further amended by adding at the end the following: ``(VII) Immigration practitioner fraud.--Clause (i) shall not apply to an alien if he can prove by clear convincing evidence that he departed the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud.''. (d) Regulations Implementing Contempt Authority of Immigration Judges.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations implementing the contempt authority for immigration judges provided by section 240(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(1)). Such regulations shall provide that any civil contempt sanctions including any monetary penalty may be applicable to all parties appearing before the immigration judge. SEC. 5. OUTREACH TO IMMIGRANT COMMUNITIES. (a) Authority To Conduct.--The Secretary of Homeland Security and the Attorney General, acting through the Director of the Office for Immigration Review, shall carry out a program to educate aliens regarding who may provide legal services and representation to aliens in immigration proceedings through cost-effective outreach to immigrant communities. (b) Purpose.--The purpose of the program authorized under subsection (a) is to prevent aliens from being subjected to fraud by individuals who are not authorized to provide legal services or representation to aliens. (c) Availability.--The Attorney General shall, to the extent practicable, make publicly available information regarding fraud by immigration consultants, visa consultants, and other individuals who are not authorized to provide legal services or representation to aliens available-- (1) at appropriate offices that provide services or information to aliens; and (2) through Web sites that are-- (A) maintained by the Attorney General; and (B) intended to provide information regarding immigration matters to aliens. (d) Foreign Language Materials.--Any educational materials used to carry out the program authorized under subsection (a) shall, to the extent practicable, be made available to immigrant communities in appropriate languages, including English and Spanish. (e) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. SEC. 6. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS. (a) Establishment.--The Secretary and the Attorney General shall establish, within the U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review respectively, programs to award grants, on a competitive basis, to eligible nonprofit organizations to provide direct legal services to aliens as described in subsection (c). (b) Eligible Nonprofit Organization.--The term ``eligible nonprofit organization'' means a nonprofit, tax-exempt organization whose staff has demonstrated qualifications, experience, and expertise in providing quality services to immigrants, refugees, persons granted asylum, or persons applying for such statuses. (c) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs to provide direct assistance, within the scope of authorized practice of law, to aliens in removal proceedings and to aliens completing applications and petitions, including providing assistance in obtaining necessary documents and supporting evidence. (d) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended.

Protecting Immigrants From Legal Exploitation Act of 2013 - Amends the federal criminal code to subject a person to fine, imprisonment, or both, who: (1) knowingly or recklessly executes a scheme in connection with any federal immigration law-related matter to defraud a person, or to obtain money or anything else of value from a person by means of false or fraudulent pretenses, representations, or promises; or (2) knowingly and falsely represents that such person is an attorney or an accredited representative in any federal immigration law-related matter. Directs the Attorney General (DOJ) and the Secretary of Homeland Security (DHS), to promulgate regulations, forms, and procedures defining the circumstances in which: (1) persons submitting immigration-related applications, petitions, motions, or other written materials must identify who (other than immediate family members) assisted them in preparing or translating such submissions; and (2) any person who received compensation (other than a normal fee for copying, mailing, or similar services) in connection with the preparation or submission of such materials must sign the form as a preparer and provide identifying information. Authorizes the Attorney General to bring a civil injunction against an immigration service provider engaging in fraudulent conduct that substantially interferes with the administration of the immigration laws or who willfully misrepresents such provider's legal authority to provide representation before DOJ or DHS. Authorizes an alien to withdraw an immigration-related application or other submission if the alien: (1) submits information indicating that the application or submission was prepared or submitted by an individual engaged in the unauthorized practice of law or immigration practitioner fraud, and (2) attests that he or she had no prior knowledge that the application or submission was prepared or submitted by such an individual. Amends the Immigration and Nationality Act to waive the bar on reentry for an alien who left the United States based on the erroneous advice of an individual engaged in the unauthorized practice of law or immigration practitioner fraud. Directs the Secretary and the Attorney General, through the Director of the Office for Immigration Review, to carry out an outreach program to educate aliens regarding who may provide legal services and representation in immigration proceedings. Directs the Secretary and the Attorney General to establish, within the U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review, programs to award grants to eligible nonprofit organizations for direct legal services to aliens.

Protecting Immigrants From Legal Exploitation Act of 2013

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Reforming Federal Procurement of Information Technology Act'' or ``RFP-IT Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Increase in simplified acquisition threshold for information technology projects. Sec. 3. Permanent authority for use of simplified acquisition procedures for certain commercial items. Sec. 4. Presidential Innovation Fellows Program. Sec. 5. Redesignation of Office and Administrator of Electronic Government as United States Digital Government Office and United States Chief Information Officer. Sec. 6. Digital Service Pilot Program. Sec. 7. Analysis and report on streamlining and strengthening IT Schedule 70. Sec. 8. Report by Government Accountability Office on information technology acquisition by the Federal Government. Sec. 9. Improving the quality of information technology solicitations. Sec. 10. FAR Council membership for Administrator of Small Business Administration. SEC. 2. INCREASE IN SIMPLIFIED ACQUISITION THRESHOLD FOR INFORMATION TECHNOLOGY PROJECTS. (a) Increase.--Section 134 of title 41, United States Code, is amended by striking ``means $100,000.'' and inserting the following: ``means-- ``(1) $100,000; or ``(2) in the case of a contract for the purchase of information technology (as such term is defined in section 11101 of title 40) services from a small business concern (as such term is defined in section 3(a) of the Small Business Act (15 U.S.C. 632(a)), $500,000.''. (b) Construction.--Nothing in the amendment made by subsection (a) shall be construed as affecting adjustments made by, or the authority of, the Federal Acquisition Regulatory Council under section 1908 of title 41, United States Code (relating to inflation adjustment of acquisition-related dollar thresholds). SEC. 3. PERMANENT AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL ITEMS. Section 4202 of the Clinger-Cohen Act of 1996 (division D of Public Law 104-106; 10 U.S.C. 2304 note) is amended by striking subsection (e). SEC. 4. PRESIDENTIAL INNOVATION FELLOWS PROGRAM. (a) Establishment.--There is established within the General Services Administration a program to be known as the ``Presidential Innovation Fellows Program'' (in this section referred to as the ``Program''). (b) Purpose.--The purpose of the Program is to bridge the gap between the private sector and the public sector by bringing non- Government innovators into the Government to work collaboratively for a period of time with Government innovators in order to rapidly solve challenges of national importance. (c) Administration.--The Administrator of General Services shall administer the Program. (d) Fellows.-- (1) Selection of fellows.--The Administrator of General Services shall select Presidential Innovation Fellows for participation in the Program. (2) Length of fellowships.--Each fellowship in the Program shall last 6 to 13 months, at the discretion of the Administrator of General Services. (3) Qualifications.--In order to participate in the Program, a candidate for fellow shall be a citizen of the United States and able to fulfill the duties of the role for which the candidate applies. SEC. 5. REDESIGNATION OF OFFICE AND ADMINISTRATOR OF ELECTRONIC GOVERNMENT AS UNITED STATES DIGITAL GOVERNMENT OFFICE AND UNITED STATES CHIEF INFORMATION OFFICER. (a) Redesignation of Office as United States Digital Government Office.--Section 3602(a) of title 44, United States Code, is amended by striking ``Office of Electronic Government'' and inserting ``an office to be known as the `United States Digital Government Office' or `United States DGO'''. (b) Redesignation of Head of Office as United States Chief Information Officer.--Section 3602(b) of such title is amended to read as follows: ``(b) There shall be at the head of the office an officer who shall be known as the United States Chief Information Officer (referred to in this section as the `United States CIO'), appointed by the President by and with the advice and consent of the Senate. The Director shall delegate to the United States CIO the authority to administer all functions set forth in this section or any other applicable law, except that any such delegation shall not relieve the Director of responsibility for the administration of such functions. The United States CIO shall serve as principal adviser to the Director on Federal information technology policy.''. (c) Conforming Amendments.--Section 3602 of such title is further amended-- (1) in subsection (c), by striking ``Administrator'' and inserting ``United States CIO''; (2) in subsections (d), (e), and (f), by striking ``Administrator'' the first place it appears and inserting ``United States CIO''; and (3) in subsections (f)(16) and (g), by striking ``Office of Electronic Government'' and inserting ``United States Digital Government Office''. (d) References.--As of the date of the enactment of this Act, any reference in law or regulation to the Office of Electronic Government and the Administrator of the Office of Electronic Government shall be deemed to refer to the United States Digital Government Office and the United States Chief Information Officer, respectively. SEC. 6. DIGITAL SERVICE PILOT PROGRAM. (a) Establishment.--There is established within the United States Digital Government Office a pilot program to be known as the ``Digital Service Pilot Program'' (in this section referred to as the ``Pilot Program''). (b) Purpose.--The purpose of the Pilot Program is to provide digital service experts to support executive agencies on high-priority Federal information technology projects. The Pilot Program shall be carried out in accordance with this section and may include the initiative in the Office of Management and Budget to provide such digital service experts. (c) Head of Digital Service Pilot Program.--The United States Chief Information Officer shall administer the Pilot Program. (d) Projects.-- (1) Minimum number.--During the three-year period beginning on the date of the enactment of this Act, the Pilot Program shall initiate and complete no fewer than five high-priority Federal information technology projects in partnership with executive agencies. (2) Specific agency projects.--Of the projects required under this subsection, at least one project shall be initiated in each of the following entities: (A) The Office of Management and Budget. (B) The General Services Administration. (C) The Department of Homeland Security. (D) The Department of Veterans Affairs. (E) The Small Business Administration. (e) Definition.--In this section, the term ``executive agency'' has the meaning provided that term by section 105 of title 5, United States Code. SEC. 7. ANALYSIS AND REPORT ON STREAMLINING AND STRENGTHENING IT SCHEDULE 70. (a) Analysis Requirement.--The Administrator of General Services shall conduct an in-depth analysis of IT Schedule 70. The analysis shall cover, at a minimum, the following: (1) Methods to enhance the administration of IT Schedule 70. (2) Identification of the most onerous or burdensome requirements related to using IT Schedule 70. (3) Methods to lower barriers to entry to using IT Schedule 70, to ensure that innovative information technology firms are not discouraged by superfluous or unnecessary barriers. (4) Ways to ensure that the Federal Government has direct access to the Nation's most innovative technology firms, which includes attracting companies that operate solely in the commercial marketplace. (b) Report Requirement.--The Administrator shall submit to Congress a report on the analysis conducted under subsection (a), not later than 365 days after the date of the enactment of this Act. The report shall include the results of the analysis and specific recommendations on potential administrative and statutory modifications that would eliminate or fix any problems identified in the report. (c) IT Schedule 70 Defined.--In this section, the term ``IT Schedule 70'' means the multiple award supply schedule of the General Services Administration for the procurement of information technology. SEC. 8. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE ON INFORMATION TECHNOLOGY ACQUISITION BY THE FEDERAL GOVERNMENT. (a) Report Requirement.--The Comptroller General of the United States shall submit to Congress one or more reports on the following: (1) The effectiveness of the 18F program of the General Services Administration. (2) IT Schedule 70 (as defined in section 7), including the manner in which the Schedule does or does not enable agencies to have access to effective, up-to-date technology at competitive prices from the best technology firms. (3) Challenges and barriers to entry for small business technology firms, including the reasons why certain small business technology firms that are successful in the private sector decide not to enter the Federal marketplace. (b) Deadline.--The Comptroller General shall submit a report or reports under subsection (a) not later than 2 years after the date of the enactment of this Act. SEC. 9. IMPROVING THE QUALITY OF INFORMATION TECHNOLOGY SOLICITATIONS. (a) Enhanced Communication Between Government and Industry.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to clarify that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and regulation and do not promote an unfair competitive advantage to particular firms. (b) Priority Goal for Information Technology Management.--The United States Chief Information Officer, in consultation with the Administrator for Federal Procurement Policy, shall advise the Director of the Office of Management and Budget to ensure that the priority goal for the Federal Government relating to information technology management under section 1120(a)(1)(B)(iii) of title 31, United States Code, addresses improving the performance of Federal agencies in development specifications for a contract for an information technology project. SEC. 10. FAR COUNCIL MEMBERSHIP FOR ADMINISTRATOR OF SMALL BUSINESS ADMINISTRATION. (a) Addition of Administrator of Small Business Administration to Federal Acquisition Regulatory Council.--Section 1302(b) of title 41, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by striking the period and inserting ``; and'' at the end of subparagraph (D); and (3) by adding at the end the following new subparagraph: ``(E) the Administrator of the Small Business Administration.''. (b) Conforming Amendments.--Section 1303(a)(1) of such title is amended-- (1) by striking ``and the Administrator of National Aeronautics and Space,'' and inserting ``the Administrator of National Aeronautics and Space, and the Administrator of the Small Business Administration,''; and (2) by striking ``and the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.),'' and inserting ``the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), and the Small Business Act (15 U.S.C. 631 et seq.),''.

Reforming Federal Procurement of Information Technology Act or RFP-IT Act - Establishes an increased $500,000 simplified acquisition threshold for contracts for the purchase of information technology services from a small business concern. Makes permanent the authority to issue solicitations for purchases of commercial items in excess of the simplified acquisition threshold.  Establishes within the General Services Administration (GSA) the Presidential Innovation Fellows Program to bring non-government innovators into the federal government to solve challenges of national importance. Redesignates the Office of Electronic Government as the United States Digital Government Office or United States DGO. Designates the head of such Office as the U.S. Chief Information Officer. Establishes in the DGO the Digital Service Pilot Program to provide digital services to support executive agencies on high-priority federal information technology projects. Directs the GSA Administrator to conduct an in-depth analysis of IT Schedule 70. Defines "IT Schedule 70" as the multiple award supply of GSA for the procurement of information technology. Directs the Comptroller General (GAO) to report to Congress on: (1) the effectiveness of the 18F program of GSA, (2) IT Schedule 70, and (3) challenges and barriers to entry for small business technology firms into the federal marketplace. Requires the Federal Acquisition Regulation (FAR) to be revised to clarify that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as such exchanges are consistent with existing law and do not promote an unfair competitive advantage. Requires the U.S. Chief Information Officer to advise the Director of the Office of Management and Budget (OMB) on improving the performance of federal agencies in development specifications for an information technology project contract. Makes the Administrator of the Small Business Administration (SBA) a member of the FAR Council.

RFP-IT Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Small Business Succeed Act of 2009''. SEC. 2. MAXIMUM LOAN AMOUNTS UNDER 7(A) PROGRAM. Section 7(a)(3)(A) of the Small Business Act (15 U.S.C. 636(a)(3)(A)) is amended by striking ``$1,500,000 (or if the gross loan amount would exceed $2,000,000'' and inserting ``$4,875,000 (or if the gross loan amount would exceed $5,000,000''. SEC. 3. MAXIMUM LOAN AMOUNTS UNDER 504 PROGRAM. Section 502(2)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended-- (1) in clause (i), by striking ``$1,500,000'' and inserting ``$4,000,000''; (2) in clause (ii), by striking ``$2,000,000'' and inserting ``$5,000,000''; (3) in clause (iii), by striking ``$4,000,000'' and inserting ``$5,500,000''; (4) in clause (iv), by striking ``$4,000,000'' and inserting ``$5,500,000''; and (5) in clause (v), by striking ``$4,000,000'' and inserting ``$5,500,000''. SEC. 4. MAXIMUM LOAN LIMITS UNDER MICROLOAN PROGRAM. Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended-- (1) in paragraph (1)(B)(iii), by striking ``$35,000'' and inserting ``$50,000''; (2) in paragraph (3)(E), by striking ``$35,000'' each place that term appears and inserting ``$50,000''; and (3) in paragraph (11)(B), by striking ``$35,000'' and inserting ``$50,000''. SEC. 5. MAXIMUM LOAN GUARANTEE UNDER 7(A) PROGRAM. (a) In General.-- (1) Amendment.--Section 7(a)(2)(A) of the Small Business Act (15 U.S.C. 636(a)(2)(A)) is amended by striking ``equal to--'' and all that follows and inserting ``equal to 97.5 percent of the amount of the loan.''. (2) Prospective repeal.--Effective October 3, 2011, section 7(a)(2)(A) of the Small Business Act (15 U.S.C. 636(a)(2)(A)) is amended by striking ``equal to 97.5 percent of the amount of the loan.'' and inserting ``equal to-- ``(i) 75 percent of the balance of the financing outstanding at the time of disbursement of the loan, if such balance exceeds $150,000; or ``(ii) 85 percent of the balance of the financing outstanding at the time of disbursement of the loan, if such balance is less than or equal to $150,000.''. (b) Conforming Amendment.--Section 502(a) of title V of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111- 5; 123 Stat. 152) is amended by striking ``90 percent'' and inserting ``97.5 percent''. SEC. 6. EXTENSION OF FEE REDUCTIONS. (a) Extension of Fee Reductions.--Section 501 of title V of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 151) is amended by striking ``September 30, 2010'' each place that term appears and inserting ``October 3, 2011''. (b) Availability of Funds.--The matter under the heading ``Business Loans Program Account'' under the heading ``SMALL BUSINESS ADMINISTRATION'' in title V of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 151) is amended-- (1) by striking ``to remain available until September 30, 2010'' the second place it appears; (2) by inserting ``and shall remain available until October 3, 2011'' after ``section 501 of this title''; and (3) by inserting ``and shall remain available until September 30, 2010'' after ``section 506 of this title''. SEC. 7. ECONOMIC DISASTER LOANS. (a) Authority To Make Loans.--The Administrator of the Small Business Administration may make a loan to a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) that is located in an economic disaster area under the same terms and conditions and for the same purposes as a loan under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)). (b) Economic Disaster Area.--For purposes of this section, the term ``economic disaster area'' means a geographic area that the Administrator of the Small Business Administration determines has-- (1) a per capital income of not more than 80 percent of the average per capita income in the United States, based on the most recent available data from the Bureau of Labor Statistics of the Department of Labor; (2) an average unemployment rate that is not less than 1 percentage point greater than the average unemployment rate in the United States, during the most recent 24-month period for which data from the Bureau of Labor Statistics of the Department of Labor are available; and (3) a special need. (c) Sunset.--The authority of the Administrator of the Small Business Administration to make a loan under subsection (a) shall terminate on October 3, 2011. SEC. 8. FUNDING. (a) Revenue From Sale of Troubled Assets and Warrants.--Section 106(d) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5216(d)) is amended-- (1) by striking ``Revenues of'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), revenues of''; and (2) by adding at the end the following: ``(2) Transfer to small business administration.--From amounts received under paragraph (1), the Secretary shall transfer to the Administrator of the Small Business Administration such amounts as are necessary to carry out the Helping Small Business Succeed Act of 2009 and the amendments made by that Act.''. (b) Authorization of Appropriations.--In addition to any amounts transferred to the Administrator of the Small Business Administration under section 106(d) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5216(d)), as amended by this Act, there are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act.

Helping Small Business Succeed Act of 2009 - Amends the Small Business Act to increase maximum amounts of loans under the section 7(a) guaranteed loan program and the Microloan Program. Amends the Small Business Investment Act of 1958 to increase maximum amounts of loans to state and local development companies for plant acquisition, construction, conversion, and expansion. Increases the maximum loan guarantee percentage under the 7(a) program, effective until October 3, 2011. Amends the American Recovery and Reinvestment Act of 2009 to extend through such date the authority to extend increased loan guarantees to small business lenders and to eliminate certain loan fees. Authorizes the Administrator of the Small Business Administration (SBA), through such date, to make loans to small businesses located in an economic disaster area. Amends the Emergency Economic Stabilization Act of 2008 to direct the Secretary of the Treasury to transfer to the Administrator necessary amounts to carry out this Act.

A bill to make improvements to certain loan programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Grid Storage Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Energy storage system.--The term ``energy storage system'' means a system or strategy that improves the ability to shift the dispatch of energy in time, across multiple timescales. (2) Islanding.--The term ``islanding'' means a distributed generator or energy storage device continuing to power a location in the absence of electric power from the primary source. (3) Loan.--The term ``loan'' has the meaning given the term ``direct loan'' in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (4) Microgrid.--The term ``microgrid'' means an integrated energy system consisting of interconnected loads and distributed energy resources, including generators and energy storage devices, within clearly defined electrical boundaries that-- (A) acts as a single controllable entity with respect to the grid; and (B) can connect and disconnect from the grid to operate in both grid-connected mode and island mode. (5) Renewable energy source.--The term ``renewable energy source'' includes-- (A) biomass; (B) geothermal energy; (C) hydropower; (D) landfill gas; (E) municipal solid waste; (F) ocean (including tidal, wave, current, and thermal) energy; (G) organic waste; (H) photosynthetic processes; (I) photovoltaic energy; (J) solar energy; and (K) wind. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. ENERGY STORAGE RESEARCH PROGRAM. (a) In General.--There is established within the Advanced Research Projects Agency-Energy established by section 5012(b) of the America COMPETES Act (42 U.S.C. 16538(b)) a program for the research of energy storage systems. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000. SEC. 4. ENERGY STORAGE SYSTEM DEMONSTRATION AND DEPLOYMENT LOAN PROGRAM. (a) Loan Program.-- (1) In general.--Subject to the provisions of this subsection and subsections (b) and (c), the Secretary shall establish a program to provide to eligible entities-- (A) loans for the demonstration and deployment of energy storage systems in a specific project; and (B) loans to provide funding for programs to finance the demonstration and deployment of multiple energy storage systems through a revolving loan fund, credit enhancement program, or other financial assistance program. (2) Eligibility.--Entities eligible to receive a loan under paragraph (1) include-- (A) a State, territory, or possession of the United States; (B) a State energy office; (C) a tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); (D) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and (E) an electric utility, including-- (i) a rural electric cooperative; (ii) a municipally owned electric utility; and (iii) an investor-owned utility. (3) Selection requirements.--In selecting eligible entities to receive a loan under this section, the Secretary shall, to the maximum extent practicable, ensure-- (A) regional diversity among eligible entities that receive the loans, including participation by rural States and small States; and (B) that specific projects selected for loans-- (i) expand on the existing technology demonstration and deployment programs of the Department of Energy; and (ii) are designed to achieve 1 or more of the objectives described in paragraph (4). (4) Objectives.--Each demonstration and deployment project selected for a loan under paragraph (1) shall include 1 or more of the following objectives: (A) With respect to energy storage systems, the improvement of-- (i) the feasibility of microgrids or islanding; or (ii) the transmission and distribution capability to improve reliability in rural areas, including high energy cost rural areas. (B) Use of energy storage systems to improve the security of emergency response infrastructure. (C) Integration of energy storage systems with a renewable energy resource production source, at the source or away from the source. (D) Use of energy storage systems to provide ancillary services for grid management. (E) Advancement of power conversion systems to make the systems smarter, more efficient, able to communicate with other inverters, and able to control voltage. (F) Use of energy storage systems to optimize transmission and distribution operation and power quality to address overloaded lines and maintenance of transformers and substations. (G) Use of energy storage systems for peak load management of homes, businesses, and the grid, particularly to offset investments in new grid capacity. (H) Use of energy storage system devices to meet electricity demand during nonpeak generation periods to make better use of existing grid assets. (5) Restriction on use of funds.--Any eligible entity that receives a loan under paragraph (1) may only use the loan to fund programs relating to the demonstration and deployment of energy storage systems in households, businesses, and communities. (b) Loan Terms and Conditions.-- (1) Terms and conditions.--Notwithstanding any other provision of law, in providing a loan under this section, the Secretary shall provide the loan on such terms and conditions as the Secretary determines, after consultation with the Secretary of the Treasury, in accordance with this section. (2) Specific appropriation.--No loan shall be made unless an appropriation for the full amount of the loan has been specifically provided for that purpose. (3) Repayment.--No loan shall be made unless the Secretary determines that there is reasonable prospect of repayment of the principal and interest by the borrower of the loan. (4) Interest rate.--A loan provided under this section shall bear interest at a fixed rate that is equal or approximately equal, in the determination of the Secretary, to the interest rate for Treasury securities of comparable maturity. (5) Term.--The term of the loan shall require full repayment over a period not to exceed the lesser of-- (A) 20 years; or (B) 90 percent of the projected useful life of the physical asset to be financed by the loan (as determined by the Secretary). (6) Use of payments.--Payments of principal and interest on the loan shall-- (A) be retained by the Secretary to support energy research and development activities; and (B) remain available until expended, subject to such conditions as are contained in annual appropriations Acts. (7) No penalty on early repayment.--The Secretary may not assess any penalty for early repayment of a loan provided under this section. (8) Return of unused portion.--In order to receive a loan under this section, an eligible entity shall agree to return to the general fund of the Treasury any portion of the loan amount that is unused by the eligible entity within a reasonable period of time after the date of the disbursement of the loan, as determined by the Secretary. (9) Comparable wage rates.--Each laborer and mechanic employed by a contractor or subcontractor in performance of construction work financed, in whole or in part, by the loan shall be paid wages at rates not less than the rates prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (c) Rules and Procedures; Disbursement of Loans.-- (1) Rules and procedures.--Not later than 180 days after the date of enactment of this Act, the Secretary shall adopt rules and procedures for carrying out the loan program under subsection (a). (2) Disbursement of loans.--Not later than 1 year after the date on which the rules and procedures under paragraph (1) are established, the Secretary shall disburse the initial loans provided under this section. (d) Reports.--Not later than 2 years after the date of receipt of the loan and annually thereafter for the term of the loan, an eligible entity that receives a loan under this section shall submit to the Secretary a report describing the performance of each program and activity carried out using the loan, including itemized loan performance data. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary. SEC. 5. TECHNICAL ASSISTANCE AND GRANT PROGRAM. (a) Establishment.-- (1) In general.--The Secretary, in consultation with the Assistant Secretary for Electricity Delivery and Energy Reliability, shall establish a technical assistance and grant program (referred to in this section as the ``program'')-- (A) to disseminate information and provide technical assistance directly to eligible entities so the eligible entities can identify, evaluate, plan, and design energy storage systems; and (B) to make grants to eligible entities so that the eligible entities may contract to obtain technical assistance to identify, evaluate, plan, and design energy storage systems. (2) Technical assistance.--The technical assistance described in paragraph (1) shall include assistance with 1 or more of the following activities relating to energy storage systems: (A) Identification of opportunities to use energy storage systems. (B) Assessment of technical and economic characteristics. (C) Utility interconnection. (D) Permitting and siting issues. (E) Business planning and financial analysis. (F) Engineering design. (3) Information dissemination.--The information disseminated under paragraph (1)(A) shall include-- (A) information relating to the topics described in paragraph (2), including case studies of successful examples; (B) computer software for assessment, design, and operation and maintenance of energy storage systems; and (C) public databases that track the operation and deployment of existing and planned energy storage systems. (b) Eligibility.--Any nonprofit or for-profit entity shall be eligible to receive technical assistance and grants under the program. (c) Applications.-- (1) In general.--An eligible entity desiring technical assistance or grants under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Application process.--The Secretary shall seek applications for technical assistance and grants under the program-- (A) on a competitive basis; and (B) on a periodic basis, but not less frequently than once every 12 months. (3) Priorities.--In selecting eligible entities for technical assistance and grants under the program, the Secretary shall give priority to eligible entities with projects that have the greatest potential for-- (A) facilitating the use of renewable energy resources; (B) strengthening the reliability and resiliency of energy infrastructure to the impact of extreme weather events, power grid failures, and interruptions in supply of fossil fuels; (C) improving the feasibility of microgrids or islanding, particularly in rural areas, including high energy cost rural areas; (D) minimizing environmental impact, including regulated air pollutants and greenhouse gas emissions; and (E) maximizing local job creation. (d) Grants.--On application by an eligible entity, the Secretary may award grants to the eligible entity to provide funds to cover not more than-- (1) 100 percent of the costs of the initial assessment to identify energy storage system opportunities; (2) 75 percent of the cost of feasibility studies to assess the potential for the implementation of energy storage systems; (3) 60 percent of the cost of guidance on overcoming barriers to the implementation of energy storage systems, including financial, contracting, siting, and permitting issues; and (4) 45 percent of the cost of detailed engineering of energy storage systems. (e) Rules and Procedures.-- (1) Rules.--Not later than 180 days after the date of enactment of this Act, the Secretary shall adopt rules and procedures for carrying out the program. (2) Grants.--Not later than 120 days after the date of issuance of the rules and procedures for the program, the Secretary shall issue grants under this section. (f) Reports.--The Secretary shall submit to Congress and make available to the public-- (1) not less frequently than once every 2 years, a report describing the performance of the program under this section, including a synthesis and analysis of the information provided in the reports submitted to the Secretary under section 3(c); and (2) on termination of the program under this section, an assessment of the success of, and education provided by, the measures carried out by eligible entities under the program. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $250,000,000 for the period of fiscal years 2016 through 2020, to remain available until expended.

Advancing Grid Storage Act of 2015 This bill requires the Department of Energy (DOE) to establish certain energy storage programs. The bill establishes a program for the research of energy storage systems within DOE's Advanced Research Projects Agency-Energy. DOE must establish a loan program to provide loans to states and other government entities, educational institutions, and electric utilities for: (1) the demonstration and deployment of energy storage systems in a specific project, and (2) programs to finance the demonstration and deployment of multiple energy storage systems through a financial assistance program. Loans may only be used to fund programs relating to the demonstration and deployment of energy storage systems in households, businesses, and communities. DOE must establish a technical assistance and grant program to: (1) disseminate information and provide technical assistance directly to nonprofit or for-profit entities so those entities can identify, evaluate, plan, and design energy storage systems; and (2) make grants to such entities so that they may contract to obtain technical assistance to identify, evaluate, plan, and design energy storage systems.

Advancing Grid Storage Act of 2015

SECTION 1. FINDINGS. Congress finds the following: (1) Congress strongly supports providing every honorably discharged veteran the opportunity to be buried in a national veterans cemetery in recognition of their sacrifices for the freedoms enjoyed by every United States citizen; (2) The Department of Veterans Affairs has determined that a population threshold of 170,000 eligible people living within a 75-mile service radius is appropriate to merit the establishment of a new national cemetery in areas of greatest need nationwide. (3) Although the Department of Veterans Affairs estimates a projected veterans population of 133,000 within a 75-mile radius of the city of Bellevue, Nebraska, an independent analysis conducted by the Metropolitan Area Planning Agency located in Omaha, Nebraska, concluded that 172,500 people who reside within a 75-mile radius of Bellevue would be eligible to be buried in a national cemetery. (4) Congress has consistently authorized the construction of six new national cemeteries every four years since 1999, with the first six established by the Veterans Millennium Health Care and Benefits Act (Public Law 106-117) and the next six established by the National Cemetery Expansion Act of 2003 (Public Law 108-109). (5) The 2002 independent ``Future Burial Needs'' report completed for the Department of Veterans Affairs pursuant to section 613 of the Veterans Millennium Health Care and Benefits Act recommended Omaha, Nebraska as a location for a new national cemetery to be built in 2005. (6) The Midwest Health Care Network of the Department of Veterans Affairs, which is responsible for the provision of health care for veterans residing in Iowa and Nebraska, currently serves a high population of aging veterans. (7) Major veterans and military advocacy organizations endorse the establishment of a national cemetery to serve veterans and their family members in eastern Nebraska and western Iowa, including the Nebraska Department of Disabled American Veterans, the Heartland of America Chapter of the Military Officers Association of America, the Great Plains Chapter of Paralyzed Veterans of America, the Nebraska Department of Veterans of Foreign Wars, the Nebraska chapter of Vietnam Veterans of America, the Nebraska Military Order of the Purple Heart, the Nebraska State Air Force Association, the Air Force Sergeants Association, Chapter 984, the Nebraska Department of the American Legion, the Forty & Eight Charitable Veterans, the Nebraska chapter of the American Ex-Prisoners of War, the Nebraska chapter of Gold Star Wives, the Korean War Veterans Association, Nebraska Chapter 1, the Marine Corps League in Nebraska, and the Nebraska Department of American Veterans. (8) Such organizations represent a combined membership of at least 85,700 veterans and military advocates in the State of Nebraska. SEC. 2. ESTABLISHMENT OF NATIONAL CEMETERY IN SARPY COUNTY, NEBRASKA. (a) In General.--The Secretary of Veterans Affairs shall establish, in accordance with chapter 24 of title 38, United States Code, a national cemetery in Sarpy County, Nebraska, to serve the needs of veterans and their families in eastern Nebraska and western Iowa. (b) Consultation in Selection of Site.--Before selecting the site for the national cemetery established under subsection (a), the Secretary shall consult with-- (1) appropriate officials of the State of Nebraska and local officials in Sarpy County, Nebraska; and (2) appropriate officials of the United States, including the Administrator of General Services, with respect to land belonging to the United States in that region that would be suitable to establish the national cemetery under subsection (a). (c) Authority To Accept Donation of Parcel of Land.-- (1) In general.--The Secretary of Veterans Affairs may accept on behalf of the United States the gift of an appropriate parcel of real property. The Secretary shall have administrative jurisdiction over such parcel of real property, and shall use such parcel to establish the national cemetery under subsection (a). (2) Income tax treatment of gift.--For purposes of Federal income, estate, and gift taxes, the real property accepted under paragraph (1) shall be considered as a gift to the United States. (d) Report.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the establishment of the national cemetery under subsection (a). The report shall set forth a schedule for such establishment and an estimate of the costs associated with such establishment.

Directs the Secretary of Veterans Affairs to establish a national cemetery in Sarpy County, Nebraska, to serve the needs of veterans and their families in eastern Nebraska and western Iowa.

To direct the Secretary of Veterans Affairs to establish a national cemetery in Sarpy County, Nebraska, to serve veterans in eastern Nebraska and western Iowa.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Agricultural Products Market Access Act of 1997''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress makes the following findings: (1) The export of agricultural products is of vital importance to the economy of the United States. (2) In 1995, agriculture was the largest positive contributor to the United States merchandise trade balance with a trade surplus of $25,800,000,000. (3) The growth of United States agricultural exports should continue to be an important factor in improving the United States merchandise trade balance. (4) Increasing the volume of agricultural exports will increase farm income in the United States, thereby protecting family farms and contributing to the economic well-being of rural communities in the United States. (5) Although the United States efficiently produces high- quality agricultural products, United States producers cannot realize their full export potential because many foreign countries deny fair and equitable market access to United States agricultural products. (6) The Foreign Agricultural Service estimates that United States agricultural exports are reduced by $4,700,000,000 annually due to unjustifiable imposition of sanitary and phytosanitary measures that deny or limit market access to United States products. (7) The denial of fair and equitable market access for United States agricultural products impedes the ability of United States farmers to export their products, thereby harming the economic interests of the United States. (b) Purposes.--The purposes of this Act are-- (1) to reduce or eliminate foreign unfair trade practices and to remove constraints on fair and open trade in agricultural products; (2) to ensure fair and equitable market access for exports of United States agricultural products; and (3) to promote free and fair trade in agricultural products. SEC. 3. IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS. (a) Identification Required.--Chapter 8 of title I of the Trade Act of 1974 is amended by adding at the end the following: ``SEC. 183. IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS FOR AGRICULTURAL PRODUCTS. ``(a) In General.--Not later than the date that is 30 days after the date on which the annual report is required to be submitted to Congressional committees under section 181(b), the United States Trade Representative (hereafter in this section referred to as the `Trade Representative') shall identify-- ``(1) those foreign countries that-- ``(A) deny fair and equitable market access to United States agricultural products, or ``(B) apply standards for the importation of agricultural products from the United States that are not related to public health concerns or cannot be substantiated by reliable analytical methods; and ``(2) those foreign countries identified under paragraph (1) that are determined by the Trade Representative to be priority foreign countries. ``(b) Special Rules for Identifications.-- ``(1) Criteria.--In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall only identify those foreign countries-- ``(A) that engage in or have the most onerous or egregious acts, policies, or practices that deny fair and equitable market access to United States agricultural products, ``(B) whose acts, policies, or practices described in subparagraph (A) have the greatest adverse impact (actual or potential) on the relevant United States products, and ``(C) that are not-- ``(i) entering into good faith negotiations, or ``(ii) making significant progress in bilateral or multilateral negotiations, to provide fair and equitable market access to United States agricultural products. ``(2) Consultation and consideration requirements.--In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall-- ``(A) consult with the Secretary of Agriculture and other appropriate officers of the Federal Government, and ``(B) take into account information from such sources as may be available to the Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 181(b) and petitions submitted under section 302. ``(3) Factual basis requirement.--The Trade Representative may identify a foreign country under subsection (a)(1) only if the Trade Representative finds that there is a factual basis for the denial of fair and equitable market access as a result of the violation of international law or agreement, or the existence of barriers, referred to in subsection (d). ``(4) Consideration of historical factors.--In identifying foreign countries under paragraphs (1) and (2) of subsection (a), the Trade Representative shall take into account-- ``(A) the history of agricultural trade relations with the foreign country, including any previous identification under subsection (a)(2), and ``(B) the history of efforts of the United States, and the response of the foreign country, to achieve fair and equitable market access for United States agricultural products. ``(c) Revocations and Additional Identifications.-- ``(1) Authority to act at any time.--If information available to the Trade Representative indicates that such action is appropriate, the Trade Representative may at any time-- ``(A) revoke the identification of any foreign country as a priority foreign country under this section, or ``(B) identify any foreign country as a priority foreign country under this section. ``(2) Revocation reports.--The Trade Representative shall include in the semiannual report submitted to the Congress under section 309(3) a detailed explanation of the reasons for the revocation under paragraph (1) of the identification of any foreign country as a priority foreign country under this section. ``(d) Definitions.--For purposes of this section, a foreign country denies fair and equitable market access if the foreign country effectively denies access to a market for a product through the use of laws, procedures, practices, or regulations which-- ``(1) violate provisions of international law or international agreements to which both the United States and the foreign country are parties, or ``(2) constitute discriminatory nontariff trade barriers. ``(e) Publication.--The Trade Representative shall publish in the Federal Register a list of foreign countries identified under subsection (a) and shall make such revisions to the list as may be required by reason of the action under subsection (c). ``(f) Annual Report.--The Trade Representative shall, not later than the date by which countries are identified under subsection (a), transmit to the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report on the actions taken under this section during the 12 months preceding such report, and the reasons for such actions, including a description of progress made in achieving fair and equitable market access for United States agricultural products.''. (b) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 182 the following: ``Sec. 183. Identification of countries that deny market access for agricultural products.''. SEC. 4. INVESTIGATIONS. (a) Investigation Required.--Subparagraph (A) of section 302(b)(2) of the Trade Act of 1974 (19 U.S.C. 2412(b)(2)) is amended by inserting ``or 183(a)(2)'' after ``section 182(a)(2)'' in the matter preceding clause (i). (b) Conforming Amendment.--Subparagraph (D) of section 302(b)(2) of such Act is amended by inserting ``concerning intellectual property rights that is'' after ``any investigation''. SEC. 5. AUTHORIZED ACTIONS BY UNITED STATES TRADE REPRESENTATIVE. Section 301(c)(1) of the Trade Act of 1974 (19 U.S.C. 2411(c)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D)(iii)(II) and inserting ``; or''; and (3) by adding at the end the following: ``(E) with respect to an investigation of a country identified under section 183(a)(1), to request that the Secretary of Agriculture (who, upon receipt of such a request, shall) direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for the facilities of such country that export meat and other agricultural products to the United States.''.

United States Agricultural Products Market Access Act of 1997 - Amends the Trade Act of 1974 to direct the United States Trade Representative (USTR) to identify those foreign countries that: (1) deny fair and equitable market access to U.S. agricultural products or apply standards for the importation of U.S. agricultural products that are not related to public health concerns or cannot be substantiated by reliable analytical methods; and (2) are determined by the USTR to be priority foreign countries. Limits the identification of priority foreign countries to those that engage in the most onerous or egregious acts which have the greatest adverse impact on the relevant U.S. products. Provides that if available information indicates that such action is appropriate, the USTR may at any time: (1) revoke the identification of any foreign country as a priority foreign country; or (2) identify any foreign country as a priority foreign country. Subjects priority foreign countries to investigation by means other than a petition. Authorizes the USTR, with respect to an investigation of a country identified as denying fair and equitable market access to U.S. agricultural products, to request the Secretary of Agriculture to direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for the facilities of such country that export meat and other agricultural products to the United States.

United States Agricultural Products Market Access Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fossil Aid is Inefficient and Regressive Energy Policy Act'' or the ``FAIR Energy Policy Act''. SEC. 2. PHASE OUT OF TAX PREFERENCES FOR FOSSIL FUELS. (a) Findings.--Congress finds the following: (1) United States tax policy has provided tax preferences, such as special deductions, special tax rates, tax credits, and grants in lieu of tax credits, for oil and gas production for 100 years. (2) United States tax policy has provided tax preferences for coal production for over 80 years. (3) In order to ensure that all sources of energy compete on an equal footing, as tax credits for renewable energy are phased out over the next 4 years, fossil fuel tax preferences should be phased out on the same schedule. (b) Expensing of Intangible Drilling Costs.--Section 263 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (c), by striking ``subsection (i)'' and inserting ``subsections (i) and (j)'', and (2) by adding at the end the following new subsection: ``(j) Phase Out of Deduction for Intangible Drilling Costs.--In the case of a dual capacity taxpayer which is a major integrated oil company (within the meaning of section 167(h)(5)), for any intangible drilling and development costs paid or incurred with respect to an oil or gas well, the amount of such costs allowed as a deduction under subsection (c) shall be reduced by-- ``(1) in the case of any costs paid or incurred after December 31, 2016, and before January 1, 2018, 20 percent, ``(2) in the case of any costs paid or incurred after December 31, 2017, and before January 1, 2019, 40 percent, ``(3) in the case of any costs paid or incurred after December 31, 2018, and before January 1, 2020, 60 percent, and ``(4) in the case of any costs paid or incurred after December 31, 2019, 100 percent.''. (c) Percentage Depletion for Oil and Natural Gas Wells.--Section 613A(d) of such Code is amended by adding at the end the following new paragraph: ``(6) Phase out of percentage depletion for oil and natural gas wells.--In the case of a dual capacity taxpayer which is a major integrated oil company (within the meaning of section 167(h)(5)), the amount allowed as a deduction for the taxable year which is attributable to the application of subsection (c) (determined after the application of paragraphs (1) through (5) of this subsection and without regard to this paragraph) shall be reduced by-- ``(A) in the case of any crude oil or natural gas produced after December 31, 2016, and before January 1, 2018, 20 percent, ``(B) in the case of any crude oil or natural gas produced after December 31, 2017, and before January 1, 2019, 40 percent, ``(C) in the case of any crude oil or natural gas produced after December 31, 2018, and before January 1, 2020, 60 percent, and ``(D) in the case of any crude oil or natural gas produced after December 31, 2019, 100 percent.''. (d) Domestic Manufacturing Deduction for Fossil Fuels.--Section 199(d)(9) of such Code is amended by adding at the end the following new subparagraph: ``(D) Phase out of deduction for oil related qualified production activities income.--In the case of a dual capacity taxpayer which is a major integrated oil company (within the meaning of section 167(h)(5)), the amount allowable as a deduction under subsection (a) (determined after the application of subparagraph (A) and without regard to this subparagraph) shall be reduced by-- ``(i) in the case of any oil related qualified production activities income received or accrued after December 31, 2016, and before January 1, 2018, 20 percent, ``(ii) in the case of any oil related qualified production activities income received or accrued after December 31, 2017, and before January 1, 2019, 40 percent, ``(iii) in the case of any oil related qualified production activities income received or accrued after December 31, 2018, and before January 1, 2020, 60 percent, and ``(iv) in the case of any oil related qualified production activities income received or accrued after December 31, 2019, 100 percent.''. (e) Amortization of Geological and Geophysical Expenditures.-- Section 167(h) of such Code is amended by adding at the end the following new paragraph: ``(6) Phase out of amortization of geological and geophysical expenditures.--In the case of a dual capacity taxpayer which is a major integrated oil company (within the meaning of section 167(h)(5)), the amount of geological and geophysical expenses paid or incurred by a taxpayer which are allowed as a deduction under this subsection (without regard to this paragraph) shall be reduced by-- ``(A) in the case of any such expenses paid or incurred after December 31, 2016, and before January 1, 2018, 20 percent, ``(B) in the case of any such expenses paid or incurred after December 31, 2017, and before January 1, 2019, 40 percent, ``(C) in the case of any such expenses paid or incurred after December 31, 2018, and before January 1, 2020, 60 percent, and ``(D) in the case of any such expenses paid or incurred after December 31, 2019, 100 percent.''. (f) Percentage Depletion for Oil Shale.--Section 613 of such Code is amended by adding at the end the following new subsection: ``(f) Phase Out of Percentage Depletion for Oil Shale.--In the case of a dual capacity taxpayer which is a major integrated oil company (within the meaning of section 167(h)(5)), the allowance for depletion for oil shale determined under this section (without regard to this subsection) shall be reduced by-- ``(1) in the case of any income received or accrued from the property after December 31, 2016, and before January 1, 2018, 20 percent, ``(2) in the case of any income received or accrued from the property after December 31, 2017, and before January 1, 2019, 40 percent, ``(3) in the case of any income received or accrued from the property after December 31, 2018, and before January 1, 2020, 60 percent, and ``(4) in the case of any income received or accrued from the property after December 31, 2019, 100 percent.''. (g) Expensing of Exploration and Development Costs for Oil Shale.-- Section 617 of such Code is amended-- (1) by redesignating subsection (i) as subsection (j), and (2) by inserting after subsection (h) the following new subsection: ``(i) Phase Out of Expensing of Exploration and Development Costs for Oil Shale.--In the case of a dual capacity taxpayer which is a major integrated oil company (within the meaning of section 167(h)(5)), the amount of expenditures related to oil shale which are allowed as a deduction under subsection (a) shall be reduced by-- ``(1) in the case of any such expenditures paid or incurred after December 31, 2016, and before January 1, 2018, 20 percent, ``(2) in the case of any such expenditures paid or incurred after December 31, 2017, and before January 1, 2019, 40 percent, ``(3) in the case of any such expenditures paid or incurred after December 31, 2018, and before January 1, 2020, 60 percent, and ``(4) in the case of any such expenditures paid or incurred after December 31, 2019, 100 percent.''. (h) Capital Gains Treatment for Royalties of Coal.--Section 631 of such Code is amended by adding at the end the following new subsection: ``(d) Phase Out of Capital Gains Treatment for Royalties of Coal.-- In the case of coal (including lignite), the amount of gain or loss on the sale of such coal to which subsection (c) applies shall be reduced by-- ``(1) in the case of any such gain or loss after December 31, 2016, and before January 1, 2018, 20 percent, ``(2) in the case of any such gain or loss after December 31, 2017, and before January 1, 2019, 40 percent, ``(3) in the case of any such gain or loss after December 31, 2018, and before January 1, 2020, 60 percent, and ``(4) in the case of any such gain or loss after December 31, 2019, 100 percent.''. (i) Deduction for Tertiary Injectants.--Section 193 of such Code is amended by adding at the end the following new subsection: ``(d) Phase Out of Deduction for Tertiary Injectants.--In the case of a dual capacity taxpayer which is a major integrated oil company (within the meaning of section 167(h)(5)), the amount of qualified tertiary injectant expenses allowable as a deduction under subsection (a) shall be reduced by-- ``(1) in the case of any such expenditures paid or incurred after December 31, 2016, and before January 1, 2018, 20 percent, ``(2) in the case of any such expenditures paid or incurred after December 31, 2017, and before January 1, 2019, 40 percent, ``(3) in the case of any such expenditures paid or incurred after December 31, 2018, and before January 1, 2020, 60 percent, and ``(4) in the case of any such expenditures paid or incurred after December 31, 2019, 100 percent.''. (j) Exception to Passive Loss Limitation for Working Interests in Oil and Natural Gas Properties.--Section 469(c) of such Code is amended by adding at the end the following new paragraph: ``(8) Phase out of exception to passive loss limitation for working interests in oil and natural gas properties.--In the case of a dual capacity taxpayer which is a major integrated oil company (within the meaning of section 167(h)(5)), for any loss from a working interest in any oil or gas property, the amount of such loss to which paragraph (3) applies shall be reduced by-- ``(A) in the case of any such loss after December 31, 2016, and before January 1, 2018, 20 percent, ``(B) in the case of any such loss after December 31, 2017, and before January 1, 2019, 40 percent, ``(C) in the case of any such loss after December 31, 2018, and before January 1, 2020, 60 percent, and ``(D) in the case of any such loss after December 31, 2019, 100 percent.''. (k) Marginal Wells Credit.--Section 45I(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Phase out of marginal wells credit.--In the case of a dual capacity taxpayer which is a major integrated oil company (within the meaning of section 167(h)(5)), the amount of the credit determined under subsection (a) shall be reduced by-- ``(A) in the case of any qualified crude oil production or qualified natural gas production after December 31, 2016, and before January 1, 2018, 20 percent, ``(B) in the case of any qualified crude oil production or qualified natural gas production after December 31, 2017, and before January 1, 2019, 40 percent, ``(C) in the case of any qualified crude oil production or qualified natural gas production after December 31, 2018, and before January 1, 2020, 60 percent, and ``(D) in the case of any qualified crude oil production or qualified natural gas production after December 31, 2019, 100 percent.''.

Fossil Aid is Inefficient and Regressive Energy Policy Act or the FAIR Energy Policy Act This bill amends the Internal Revenue Code to phase out certain tax provisions that apply to fossil fuels. The bill establishes a schedule for decreasing the benefits of the provisions for major integrated oil companies by specified percentages that reach 100% after December 31, 2019. The affected provisions include: the deduction for intangible drilling costs, the deduction for the percentage of depletion of oil and natural gas wells, the deduction for oil related qualified production activities income, the deduction for the amortization of geological and geophysical expenditures, the deduction for the percentage of depletion of oil shale, the deduction for exploration and development costs for oil shale, the capital gains treatment for royalties of coal, the deduction for tertiary injectants, the exception to the passive loss limitation for working interests in oil and natural gas properties, and the marginal wells tax credit.

FAIR Energy Policy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Postal Closures Act of 2016''. SEC. 2. POSTAL FACILITY CLOSURE AND CONSOLIDATIONS. (a) Moratorium on Closings and Consolidations.--Beginning on the date of enactment of this Act, the United States Postal Service may not close or consolidate any postal facility (as that term is defined in section 404(f)(5) of title 39, United States Code, as added by subsection (b)), or carry out any network rationalization activity, until the Postal Regulatory Commission has certified that the Postal Service has met the national service standards in accordance with the requirements of section 3. (b) Process for Closing and Consolidating Processing Facilities.-- Section 404 of title 39, United States Code, is amended by adding at the end the following: ``(f)(1) The Postal Service may not close or consolidate any postal facility without the approval of the Postal Regulatory Commission, as provided in this subsection. For purposes of this subsection, the term `postal facility' means a Postal Service facility that is primarily involved in the preparation, dispatch, or other physical processing of mail, but does not include-- ``(A) any post office, station, or branch; or ``(B) any facility used only for administrative functions. ``(2) Before making a determination to close or consolidate any postal facility, the Postal Service shall conduct an area mail processing study with respect to the facility. Such study shall include-- ``(A) a plan to reduce the capacity of the facility without closing the facility; ``(B) an analysis of the effect of the closure or consolidation on the ability of individuals served by the facility to vote by mail and the ability of the Postal Service to timely deliver ballots in elections for public office by mail in accordance with the deadline to return ballots established under applicable law; ``(C) an analysis of the effect of closure or consolidation on the-- ``(i) ability of individuals served by the facility to receive medications and other crucial notices and market- dominant products; ``(ii) affected community, including any disproportionate impact on a State, region, or locality; ``(iii) travel times and distances for affected customers to access postal services; ``(iv) delivery times for all classes of mail; and ``(v) small businesses in the area, including shipping and communications with customers and suppliers and the corresponding impact on revenues, operations, and growth; ``(D) an analysis of any characteristics of the geographic area in which the facility is located that may have a unique effect, including remoteness, broadband internet availability, and weather-related obstacles to using alternative postal facilities; and ``(E) any other factor the Postal Service determines necessary. ``(3) The Postmaster General shall publish-- ``(A) any study completed under paragraph (2) on the Postal Service public Web site; and ``(B) a notice that the study is complete and available to the public. ``(4) If the Postal Service makes a determination to close or consolidate a postal facility after completing the requirements of paragraphs (2) and (3), the Postal Service shall-- ``(A) provide written notice of the determination to Congress and the Postal Regulatory Commission; ``(B) provide adequate public notice of the intention to close or consolidate the facility, including through written notification (in multiple languages where necessary), within 30 days after the date notice is provided under subparagraph (A), to each person in the zip code served by such postal facility; ``(C) during the period of 120 days beginning on the date that is 30 days after the date notice is provided under subparagraph (A), ensure that interested persons have an opportunity to submit public comments; ``(D) prior to the period described in subparagraph (C), provide for public notice of such opportunity by-- ``(i) publication on the Postal Service public Web site; ``(ii) prominent posting at the affected postal facility; and ``(iii) advertising the dates and locations of the public community meetings required under subparagraph (E); and ``(E) during the period described in subparagraph (C), conduct at least 3 public meetings located within the area affected by the closing or consolidation that provides an opportunity for public comments to be submitted verbally or in writing. ``(5) Before the date on which the Postal Service proposes to close or consolidate a postal facility, the Postal Service shall publish on the Postal Service public Web site-- ``(A) notice of the final determination to close or consolidate the facility; and ``(B) a justification statement that includes-- ``(i) a response to all public comments received under paragraph (4); ``(ii) the considerations made by the Postal Service under such paragraph; and ``(iii) the actions that will be taken by the Postal Service to mitigate any negative effects identified under such paragraph. ``(6)(A) Beginning on the date that the Postal Service publishes the notice under paragraph (5), the Postal Regulatory Commission shall have 90 days to-- ``(i) review the study, public comments, and the Postal Service's response and notice, as described in such paragraphs; and ``(ii) approve or disapprove of the closure or consolidation. ``(B) If the Commission disapproves the closure or consolidation, the Postal Service may not attempt to consolidate or close that facility under this subsection for two years beginning on the date of the Commission's determination under subparagraph (A)(ii). A disapproval notice under this subparagraph shall be published on the Commission's public Web site. ``(C) If the Commission approves the closure or consolidation, the Postal Service may not begin the closure or consolidation action until the date that is 15 days after the date of the Commission's approval. An approval notice under this subparagraph shall be published on the Commission's public Web site.''. (c) Application.--The amendment made by subsection (b) shall apply to any closure or consolidation determination made by the United States Postal Service with respect to a postal facility (as that term is defined in section 404(f)(1) of title 39, United States Code, as added by subsection (b)) on or after the date of enactment of this Act. SEC. 3. MARKET-DOMINANT PRODUCT SERVICE STANDARDS. (a) National Mail Delivery Service Standards.--With respect to any market-dominant product (as that term is defined in section 102(8) of title 39, United States Code)-- (1) the national service standards implemented by the United States Postal Service and in effect on January 5, 2015, shall have no force or effect; and (2) the Postal Service shall reinstate the national service standards that were in effect on July 1, 2012. (b) Delivery Standards Enforcement.--The Postal Regulatory Commission shall determine, on an annual basis and using the performance ratings established under subsection (c), if the United States Postal Service is meeting the national service standards established under subsection (a) for market-dominant products. Such determination shall be submitted to the Federal Register. (c) Performance Ratings.--The Postal Regulatory Commission shall rate the performance of the Postal Service with respect to-- (1) each 3-digit zip code area, postal district, and operational area; (2) all postal districts-- (A) by urban, suburban, or rural category; and (B) nationwide; (3) all operational areas-- (A) by urban, suburban, or rural category; and (B) nationwide; (4) market-dominant products nationwide; and (5) first-class mail nationwide. (d) Definition of Urban, Suburban, and Rural.--For purposes of subsection (c), the Postal Regulatory Commission-- (1) shall promulgate regulations to define the terms ``urban'', ``suburban'', and ``rural''; (2) in defining the terms under paragraph (1), shall-- (A) consider-- (i) any recommendations submitted to the Commission by the Postmaster General; and (ii) existing definitions of those terms that are in use by the Postal Service, the Federal Government, and other sources; and (B) incorporate stakeholder input; and (3) shall categorize each 3-digit zip code area as an urban, suburban, or rural community. (e) Corrective Action.-- (1) In general.--If the Postal Regulatory Commission finds that the Postal Service is not meeting the national service standards, the Commission may recommend to the Postal Service corrective actions and reasonable performance targets to meet the standards. The recommendations shall be published on the Commission's public Web site and annually submitted to Congress and the Postal Service. (2) Postal service response.--Not later than 60 days after receiving any recommendations under paragraph (1), the Postmaster General shall respond in writing to the recommendations. The response shall explain how the Postal Service will change operations to achieve the recommendations. The response shall be published on the Commission's public Web site and annually submitted to Congress and the Commission.

Stop Postal Closures Act of 2016 This bill prohibits the U.S. Postal Service (USPS) from: (1) closing or consolidating any postal facility without the approval of the Postal Regulatory Commission, or (2) closing or consolidating any postal facility or carrying out any network rationalization activity until the Commission has certified that the USPS has met the national service standards that were in effect on July 1, 2012, and that are reinstated by this Act. For purposes of such prohibitions, "postal facility" means a USPS facility that is primarily involved in the preparation, dispatch, or other physical processing of mail but does not include: (1) any post office, station, or branch; or (2) any facility used only for administrative functions. Before making a determination to close or consolidate a postal facility, the USPS must conduct an area mail processing study, which includes: (1) a plan to reduce the capacity of the facility without closing it; and (2) an analysis of the effects of the closure or consolidation on the community, on small businesses, and on specified postal services to individuals. If the USPS makes a determination to close or consolidate a postal facility after completing such study, it shall: (1) provide specified notice to Congress, the Commission, the public, and each person in the zip code served by such facility; (2) conduct at least three meetings to receive public comments; and (3) publish a justification of such determination. The Commission shall have 90 days to approve or disapprove the closure or consolidation. The Commission shall determine annually if the USPS is meeting the national service standards for market-dominant products. If the Commission finds that the USPS is not meeting such standards, it may recommend corrective actions and reasonable performance targets. The Postmaster General shall respond within 60 days after receiving such recommendations on how the USPS will change operations to achieve them.

Stop Postal Closures Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Dangerous Sanctuary Cities Act''. SEC. 2. ENSURING THAT LOCAL AND FEDERAL LAW ENFORCEMENT OFFICERS MAY COOPERATE TO SAFEGUARD OUR COMMUNITIES. (a) Authority To Cooperate With Federal Officials.--A State, a political subdivision of a State, or an officer, employee, or agent of such State or political subdivision that complies with a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)-- (1) shall be deemed to be acting as an agent of the Department of Homeland Security; and (2) with regard to actions taken to comply with the detainer, shall have all authority available to officers and employees of the Department of Homeland Security. (b) Legal Proceedings.--In any legal proceeding brought against a State, a political subdivision of a State, or an officer, employee, or agent of such State or political subdivision, which challenges the legality of the seizure or detention of an individual pursuant to a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)-- (1) no liability shall lie against the State or political subdivision of a State for actions taken in compliance with the detainer; and (2) if the actions of the officer, employee, or agent of the State or political subdivision were taken in compliance with the detainer-- (A) the officer, employee, or agent shall be deemed-- (i) to be an employee of the Federal Government and an investigative or law enforcement officer; and (ii) to have been acting within the scope of his or her employment under section 1346(b) and chapter 171 of title 28, United States Code; (B) section 1346(b) of title 28, United States Code, shall provide the exclusive remedy for the plaintiff; and (C) the United States shall be substituted as defendant in the proceeding. (c) Rule of Construction.--Nothing in this section may be construed to provide immunity to any person who knowingly violates the civil or constitutional rights of an individual. SEC. 3. SANCTUARY JURISDICTION DEFINED. (a) In General.--Except as provided under subsection (b), for purposes of this Act, the term ``sanctuary jurisdiction'' means any State or political subdivision of a State that has in effect a statute, ordinance, policy, or practice that prohibits or restricts any government entity or official from-- (1) sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual; or (2) complying with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer for, or notify about the release of, an individual. (b) Exception.--A State or political subdivision of a State shall not be deemed a sanctuary jurisdiction based solely on its having a policy whereby its officials will not share information regarding, or comply with a request made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer regarding, an individual who comes forward as a victim or a witness to a criminal offense. SEC. 4. SANCTUARY JURISDICTIONS INELIGIBLE FOR CERTAIN FEDERAL FUNDS. (a) Economic Development Administration Grants.-- (1) Grants for public works and economic development.-- Section 201(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141(b)) is amended-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(4) the area in which the project is to be carried out is not a sanctuary jurisdiction (as defined in section 3 of the Stop Dangerous Sanctuary Cities Act).''. (2) Grants for planning and administrative expenses.-- Section 203(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3143(a)) is amended by adding at the end the following: ``A sanctuary jurisdiction (as defined in section 3 of the Stop Dangerous Sanctuary Cities Act) may not be deemed an eligible recipient under this subsection.''. (3) Supplementary grants.--Section 205(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3145(a)) is amended-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(4) will be carried out in an area that does not contain a sanctuary jurisdiction (as defined in section 3 of the Stop Dangerous Sanctuary Cities Act).''. (4) Grants for training, research, and technical assistance.--Section 207 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3147) is amended by adding at the end the following: ``(c) Ineligibility of Sanctuary Jurisdictions.--Grant funds under this section may not be used to provide assistance to a sanctuary jurisdiction (as defined in section 3 of the Stop Dangerous Sanctuary Cities Act).''. (b) Community Development Block Grants.--Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended-- (1) in section 102(a) (42 U.S.C. 5302(a)), by adding at the end the following: ``(25) The term `sanctuary jurisdiction' has the meaning provided in section 3 of the Stop Dangerous Sanctuary Cities Act.''; and (2) in section 104 (42 U.S.C. 5304)-- (A) subsection (b)-- (i) in paragraph (5), by striking ``and'' at the end; (ii) by redesignating paragraph (6) as paragraph (7); and (iii) by inserting after paragraph (5) the following: ``(6) the grantee is not a sanctuary jurisdiction and will not become a sanctuary jurisdiction during the period for which the grantee receives a grant under this title; and''; and (B) by adding at the end the following: ``(n) Protection of Individuals Against Crime.-- ``(1) In general.--No funds authorized to be appropriated to carry out this title may be obligated or expended for any State or unit of general local government that is a sanctuary jurisdiction. ``(2) Returned amounts.-- ``(A) State.--If a State is a sanctuary jurisdiction during the period for which it receives amounts under this title, the Secretary-- ``(i) shall direct the State to immediately return to the Secretary any such amounts that the State received for that period; and ``(ii) shall reallocate amounts returned under clause (i) for grants under this title to other States that are not sanctuary jurisdictions. ``(B) Unit of general local government.--If a unit of general local government is a sanctuary jurisdiction during the period for which it receives amounts under this title, any such amounts that the unit of general local government received for that period-- ``(i) in the case of a unit of general local government that is not in a nonentitlement area, shall be returned to the Secretary for grants under this title to States and other units of general local government that are not sanctuary jurisdictions; and ``(ii) in the case of a unit of general local government that is in a nonentitlement area, shall be returned to the Governor of the State for grants under this title to other units of general local government in the State that are not sanctuary jurisdictions. ``(C) Reallocation rules.--In reallocating amounts under subparagraphs (A) and (B), the Secretary shall-- ``(i) apply the relevant allocation formula under section 106(b), with all sanctuary jurisdictions excluded; and ``(ii) shall not be subject to the rules for reallocation under section 106(c).''. (c) Effective Date.--This section shall take effect on October 1, 2017.

Stop Dangerous Sanctuary Cities Act This bill prohibits a sanctuary jurisdiction from receiving grants under certain Economic Development Assistance Programs and the Community Development Block Grant Program. A sanctuary jurisdiction is a state or political subdivision that has a statute, policy, or practice in effect that prohibits or restricts: (1) information sharing about an individual's immigration status, or (2) compliance with a lawfully issued detainer request or notification of release request. A state or political subdivision that complies with a detainer is deemed to be an agent of the Department of Homeland Security and is authorized to take actions to comply with the detainer. The bill limits the liability of a state or political subdivision, or an officer or employee of such state or political subdivision, for actions in compliance with the detainer.

Stop Dangerous Sanctuary Cities Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Domestic Violence Hotline Enhancement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) There are over 2,000 domestic violence shelters in the United States. (2) The National Domestic Violence Hotline has received more than 500,000 calls from domestic violence victims nationwide since 1996, and continues to receive 11,000 to 13,000 calls per month. (3) Access to shelters that address the specific needs of domestic violence victims and their families is critical for women who are trying to escape violence. (4) In Minnesota, the only State with a statewide, online network of domestic violence shelters, 90 percent of domestic violence victims and their families are assured of receiving the services they need, when and where they need them, in a single call. (5) An online network of shelters would allow victims and their families to relocate to a broader number of areas within a State or in other States so that they can be as safe as possible. (6) An online network would reduce the number of calls women need to make to find a domestic violence shelter. (7) The National Network to End Domestic Violence estimates that only 43 percent of domestic violence shelters in the United States have access to the Internet. SEC. 3. PURPOSES. The purposes of this Act are as follows: (1) To provide a grant to develop a fully secure, continuously updated network of available domestic violence shelters and services across the United States. Such a network shall be made available to the National Domestic Violence Hotline, shelters nationwide, State and local domestic violence agencies, and other domestic violence organizations, to enable such entities to connect a victim of domestic violence to the most safe, appropriate, and convenient shelter, while the victim remains on the telephone line, or in the most efficient way possible. (2) To ensure that domestic violence victims get the help they need in a single phone call. SEC. 4. GRANTS AUTHORIZED. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall award a grant to a nonprofit organization to establish and operate, in consultation and collaboration with the Department of Health and Human Services, an Internet website (referred to in this Act as the ``Website''), that shall-- (1) link, to the greatest extent possible, the National Domestic Violence Hotline, every domestic violence shelter in the United States, State and local domestic violence agencies, and other domestic violence organizations so that such entities will be able to connect a victim of domestic violence to the most safe, appropriate, and convenient domestic violence shelter while the victim remains on the telephone line or in the most efficient way possible; (2) be highly secure; and (3) contain continuously updated information as to available services and space in domestic violence shelters across the United States, to the maximum extent practicable. (b) Eligible Entities.--To be eligible to receive a grant under this section, a nonprofit organization shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. The application shall-- (1) demonstrate the experience of the applicant in successfully developing and managing a technology-based network of domestic violence shelters; (2) demonstrate a record of success of the applicant in meeting the needs of domestic violence victims and their families; and (3) include a certification that the applicant will-- (A) implement the highest level security system to ensure the confidentiality of the Website; (B) establish, within 5 years, a Website that link the entities described in subsection (a)(1); (C) consult with the entities described in subsection (a)(1) in developing and implementing the Website and providing Internet connections; and (D) otherwise comply with the requirements of this section. (c) Use of Grant Award.--The recipient of a grant award under this section shall-- (1) collaborate with officials in the Department of Health and Human Services in a manner determined appropriate by the Secretary; (2) collaborate with the National Domestic Violence Hotline in developing and implementing the network; (3) ensure that the Website is continuously updated; (4) ensure that the Website provides information describing the services of each domestic violence shelter to which the Website is linked, including information for individuals with limited English proficiency and information concerning access to medical care, social services, transportation, services for children, and other relevant services; (5) ensure that the Website provides up-to-the-minute information on available bed space in domestic violence shelters across the United States, to the maximum extent practicable; (6) provide training to the staff of the Hotline and to staff of the entities described in subsection (a)(1) regarding how to use the Website to best meet the needs of callers; (7) provide Internet access to domestic violence shelters in the United States that do not have the appropriate technology for such access, to the maximum extent practicable; and (8) ensure that after the third year of the Website project, the recipient will develop a plan to expand the sources of funding for the Website to include funding from public and private entities, although nothing in this paragraph shall preclude a grant recipient under this Act from raising funds from other sources at any time during the 5-year grant period. (d) Duration of Grant.--The term of a grant awarded under this section shall be 5 years. (e) Evaluation.--The Secretary shall annually-- (1) conduct an evaluation of the grant program carried out under this Act in a manner that shall be designed to derive information on-- (A) the confidentiality of the website; (B) the progress of the grantee in linking the entities described in subsection (a)(1) to the Network; (C) the number of individuals served by the website; (D) any decreases in the number of phone calls necessary to find shelter space for victims of domestic violence; and (E) other matters that the Secretary determines appropriate to ensure that the grantee is achieving the purposes of this Act; and (2) submit to Congress a report on the results of that evaluation. (f) Oversight.--The Secretary shall have access to and monitor and help ensure the security of the Website. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act-- (1) $10,000,000 for fiscal year 2003; and (2) such sums as may be necessary for each of fiscal years 2004 through 2007. (b) Administrative Costs.--Of the amount made available to carry out this Act for each fiscal year the Secretary may use not more than 2 percent for administrative costs associated with the grant program carried out under this Act, of which up to 5 percent shall be used to assist the National Domestic Violence Hotline to participate in the establishment of the Website.

National Domestic Violence Hotline Enhancement Act - Directs the Secretary of Health and Human Services to award a grant to a nonprofit organization to establish and operate an Internet website to: (1) link the National Domestic Violence Hotline, every domestic violence shelter, State and local domestic violence agencies, and other domestic violence organizations; and (2) maintain continuously updated information regarding such available shelter space and services throughout the United States.

A bill to ensure that victims of domestic violence get the help they need in a single phone call, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal and Small Business Telework Promotion Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) Federal, State, and local governments spend billions of dollars annually on the Nation's transportation needs; (2) congestion on the Nation's roads costs over $63,000,000,000 annually in lost work time, fuel consumption, and costs of infrastructure and equipment repair; (3) on average, on-road vehicles contribute 34 percent of nitrogen oxides emissions; (4) it is estimated that staying at home to work requires 3 times less energy consumption than commuting to work; (5) in 2000, it was reported that if an identified 10 to 20 percent of commuters switched to teleworking, 1,800,000 tons of regulated pollutants would be eliminated, 3,500,000,000 gallons of gas would be saved, 3,100,000,000 hours of personal time would be freed up, and maintenance and infrastructure costs would decrease by $500,000,000 annually because of reduced congestion and reduced vehicle miles traveled; (6) the average American daily commute is 49 minutes for a 24-mile round trip (a total of 100 hours per year); (7) the increase in work from 1969 to 1996, the increase in hours mothers spend in paid work, combined with a shift toward single-parent families resulted in families on average experiencing a decrease of 22 hours a week (14 percent) in parental time available outside of paid work they could spend with their children; (8) today 60 percent of the workforce is involved in information work (an increase of 43 percent since 1990) allowing and encouraging decentralization of paid work to occur; (9) telework reduces the volume of peak commuter traffic, thereby reducing traffic congestion and air pollution; (10) the Nation's communities can benefit from telework, which gives workers more time to spend at home with their families; (11) it is in the national interest to raise awareness within the small business community of telework options for employees; (12) the small business community can benefit from offering telework options to employees because such options make it easier for small employers to retain valued employees and employees with irreplaceable institutional memory; (13) companies with telework programs have found that telework can boost employee productivity 5 percent to 20 percent, thereby saving businesses valuable resources and time; (14) individuals with disabilities, including disabled American veterans, who own or are employed by small businesses could benefit from telework to their workplaces; (15) telework has the potential to provide more employment opportunities in rural communities; (16) estimates indicate that about 40,000,000 Americans are currently teleworking; (17) teleworking is seen as a valuable tool in worker productivity and is of interest to the Federal workforce; and (18) the Government Accountability Office notes that 140,694 employees teleworked, representing a 37 percent increase from 2003, a growth that demonstrates a steady escalation over time as the overall number of teleworkers in the Federal Government has grown since 2001 with 72,844 teleworkers, in 2002 with 90,010 teleworkers, and in 2003 with 102,921 teleworkers. SEC. 3. REDUCTION OF EMPLOYEE VEHICLE FUEL CONSUMPTION BY FEDERAL AGENCIES. Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended by adding at the end the following: ``(f) Reduction of Employee Vehicle Fuel Consumption by Federal Agencies.-- ``(1) In general.--Each agency shall take such actions as are necessary to reduce the level of fuel consumed by vehicles of employees of the agency (other than fuel used for military purposes), in connection with the employment of the employees, by (to the maximum extent practicable) 10 percent or more during the 1-year period beginning on the date of enactment of this subsection. ``(2) Methods.--An agency may use such methods as the agency determines are appropriate to achieve the target established by paragraph (1), including-- ``(A) telework; ``(B) carpooling; ``(C) bicycling and walking to work; ``(D) fuel-efficient trip planning; ``(E) public transportation use; and ``(F) limiting travel days for vehicle travel outside the office.''. SEC. 4. SMALL BUSINESS TELEWORK PILOT PROGRAM. (a) In General.--The Administrator of the Small Business Administration shall carry out, in not more than 5 of the Small Business Administration's regions, a pilot program under this section to raise awareness about telework among small business employers and to encourage such employers to offer telework options to employees. (b) Special Outreach to Individuals With Disabilities.--In carrying out the pilot program, the Administrator shall make special efforts to conduct outreach to-- (1) businesses owned by or employing individuals with disabilities, and disabled American veterans in particular; (2) Federal, State, and local agencies having knowledge and expertise in assisting individuals with disabilities or disabled American veterans; and (3) any group or organization, the primary purpose of which is to aid individuals with disabilities or disabled American veterans. (c) Permissible Activities.--In carrying out the pilot program, the Administrator may only-- (1) produce educational materials and conduct presentations designed to raise awareness in the small business community of the benefits and the ease of telework; (2) conduct outreach-- (A) to small business concerns that are considering offering telework options; and (B) as provided in subsection (b); and (3) acquire telework technologies and equipment to be used for demonstration purposes. (d) Selection of Regions.--In determining which regions will participate in the pilot program, the Administrator shall give priority consideration to regions in which Federal agencies and private-sector employers have demonstrated a strong regional commitment to telework. (e) Report to Congress.--Not later than 2 years after the first date on which funds are appropriated to carry out this section, the Administrator shall transmit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report containing the results of an evaluation of the pilot program and any recommendations as to whether the pilot program, with or without modification, should be extended to include the participation of all Small Business Administration regions. (f) Definitions.--In this section-- (1) the term ``disability'' has the same meaning as in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102); and (2) the term ``telework'' means the performance of any portion of work functions by an employee outside the normal place of business under circumstances which reduce or eliminate the need to commute. (g) Termination.--The authority to carry out the pilot program under this section shall terminate 2 years after the first date on which funds are appropriated to carry out this section. (h) Authorization of Appropriations.--There is authorized to be appropriated to the Small Business Administration $5,000,000 to carry out this section.

Federal and Small Business Telework Promotion Act - Amends the National Energy Conservation Policy Act to require each federal agency to take necessary actions to reduce the level of fuel consumed by vehicles of employees of such agency (other than fuel for military purposes) by ten percent or more during the one-year period following enactment of this section. Outlines methods to achieve such reduction, including telework and carpooling. Directs the Administrator of the Small Business Administration (SBA) to conduct, in not more than five of the SBA's regions, a pilot program to raise awareness about telework among small business employers and to encourage such employers to offer telework options to employees. Requires the Administrator to make special efforts to conduct outreach to businesses owned by or employing individuals with disabilities, including disabled American veterans, and agencies, groups, or organizations that aid such individuals. Terminates such program after two years.

To direct the Administrator of the Small Business Administration to conduct a pilot program to raise awareness about telework among small business employers, and to encourage such employers to offer telework options to employees, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``American Metalworking Manufacturers Support Act''. (b) Findings.--Congress finds the following: (1) There are roughly 35,000 metalworking companies with approximately 2 million employees throughout the country who manufacture critical products for the defense, aerospace, medical, automotive, agriculture, and construction industries, among many others. (2) Uncertainty surrounding the timeliness of paid receivables, and a need for steady cash flow for day-to-day operations and investments creates challenges for small middle market manufactures who are a critical part of the industrial supply chain. (3) In the current financial environment, most lending institutions will not provide loans to metalworking companies. (4) The U.S. Government should help foster an environment that encourages metalworking in America by supporting small middle market manufacturers. (5) The Federal Government currently incentivizes larger businesses and private contractors to use small businesses and tax credits are important criteria to foster growth among small middle market manufacturers. TITLE I--SMALL METALWORKING BUSINESS ASSISTANCE PROGRAMS SEC. 101. DEFINITIONS. For purposes of this subtitle: (1) Cost.--The term ``cost'' has the same meaning as is given the term ``cost'' in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)). (2) Small metalworking business.--The term ``small metalworking business'' means a small business concern, as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)), whose primary purpose is the domestic manufacturing and production of parts, components, or assemblies by using metalworking and forming technologies, including metal stamping, fabricating, slide forming, fine blanking, laser cutting, punching, deep drawing, swaging, roll forming, spinning, machining, grinding, rotary machining, cold heading, forging, casting, wire electrical discharge machining, conventional electrical discharge machining, and computer numerical control machining. (3) Guarantee.--The term ``guarantee'' has the same meaning as is given the term ``loan guarantee'' in section 502(3) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(3)). (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 102. LOANS AUTHORIZATION. (a) Loans Authorized.--Funding as may be necessary, not to exceed $10,000,000,000 for costs under this section shall be available to the Secretary, without further appropriation or fiscal year limitation, for the costs of such program. All funds received by the Secretary in connection with loans made pursuant to paragraph (b) shall be paid into the general fund of the Treasury for reduction of the public debt. (b) Terms and Conditions of Loans.-- (1) In general.--A loan made pursuant to this section-- (A) shall be for a maximum amount of $3,000,000; (B) shall be for a maximum period of 18 months, after which the Secretary shall require any small metalworking business receiving a loan to repay the loan in full; and (C) shall not obligate the recipient of such loan to pay any interest. (2) Additional terms and conditions.--The Secretary may establish additional terms and conditions with respect to loans made under this section. (c) Application.--An eligible small metalworking business that seeks a loan under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. SEC. 103. SMALL METALWORKING BUSINESS STABILIZATION PROGRAM. (a) Definitions.--In this section-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``qualifying small business loan'' means a loan made under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) to a small metalworking business before the date of enactment of this Act; (3) the term ``small metalworking business'' means a small business concern, as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)), whose primary purpose is the domestic manufacturing and production of parts, components, or assemblies by using metalworking and forming technologies, including metal stamping, fabricating, slide forming, fine blanking, laser cutting, punching, deep drawing, swaging, roll forming, spinning, machining, grinding, rotary machining, cold heading, forging, casting, wire electrical discharge machining, conventional electrical discharge machining, and computer numerical control machining; and (4) the term ``stabilization loan'' means a loan under the program established under subsection (b) made by the Administrator either in cooperation with a bank or other financial institution through an agreement to participate on a deferred (or guaranteed) basis or directly. (b) Establishment of a Loan Program.--Subject to the availability of appropriations, the Administrator shall carry out a program to provide stabilization loans to viable (as such term is defined pursuant to regulations prescribed by the Administrator) small metalworking businesses that have a qualifying small business loan and are experiencing immediate financial hardship. (c) Technical Assistance.--The Administrator shall establish a technical assistance program to assist a bank or other financial institution that has an agreement with the Administrator to provide stabilization loans. (d) Application.--To be eligible for a stabilization loan, a small metalworking business shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (e) Use of Funds.--A stabilization loan shall be used to make periodic payments of principal and interest, either in full or in part, on a qualifying small business loan for-- (1) amounts payable during a period of time not to exceed 6 months; or (2) a period of time during which the total amount of such periodic payments does not exceed $50,000, whichever is less. (f) Loan Terms.--A stabilization loan shall-- (1) carry a 100 percent guaranty; and (2) have interest fully subsidized for the period of repayment. (g) Repayment.--Repayment of a stabilization loan shall-- (1) be amortized over a period of time not to exceed 5 years; and (2) begin not later than 12 months after the end of the month or other period for which the last periodic payment (as referred to in subsection (d)) is made. (h) Collateral.--The Administrator may accept any available collateral, including subordinated liens, to secure a stabilization loan. (i) Fees.--The Administrator may not charge any processing fees, origination fees, application fees, points, brokerage fees, bonus points, prepayment penalties, or other fees for a stabilization loan. (j) Sunset.--An application submitted under subsection (c) for a stabilization loan may not be accepted after December 31, 2010. TITLE II--REVENUE PROVISION SEC. 201. SMALL BUSINESS METALWORKING CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45R. SMALL METALWORKING BUSINESS CREDIT. ``(a) In General.--For purposes of section 38, the small metalworking business credit for any taxable year is an amount equal to 30 percent of the amounts paid or incurred for metal parts, components, or assemblies produced for the taxpayer under a contract between the taxpayer and an eligible small metalworking business. ``(b) Eligible Small Metalworking Business.--For purposes of this section, the term `eligible small metalworking business' means any person-- ``(1) who is unrelated to the taxpayer, ``(2) who is engaged in the trade or business of metalworking in the United States, and ``(3) who is a small business as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)). ``(c) Definition and Special Rule.--For purposes of this section-- ``(1) Metalworking.--For purposes of this section, the term `metalworking' means the production of parts, components, or assemblies by using metalworking and forming technologies, including metal stamping, fabricating, slide forming, fine blanking, laser cutting, punching, deep drawing, swaging, roll forming, spinning, machining, grinding, rotary machining, cold heading, forging, casting, wire electrical discharge machining, conventional electrical discharge machining, and computer numerical control machining. ``(2) Related person.--A person shall be treated as related to another person if they bear a relationship to such other person described in section 267(b) or 707(b). ``(3) Election not to take credit.--No credit shall be determined under subsection (a) for any amount if the taxpayer elects not to have this section apply to such amount.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the small metalworking business credit determined under section 45R(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45R. Small metalworking business credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

American Metalworking Manufacturers Support Act - Directs the Administrator of the Small Business Administration (SBA) to: (1) carry out a program to provide business stabilization loans to viable small metalworking businesses that have a qualifying SBA small business loan and are experiencing immediate financial hardship; and (2) establish a technical assistance program to assist a bank or other financial institution to provide such loans to such businesses. Prohibits the Administrator from charging any loan fees. Makes specified funds available to the Secretary of the Treasury for the loan program. Limits each loan to a maximum of $3 million and 18 months, without interest. Amends the Internal Revenue Code to provide a small metalworking business tax credit of 30% of the amount paid or incurred for metal parts, components, or assemblies produced for the taxpayer under a contract between the taxpayer and a small metalworking business.

To establish small metalworking business financial assistance programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Civil Rights Center and Museum Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) on February 1, 1960, 4 African-American students of North Carolina Agricultural and Technical State University sat at a white-only lunch counter inside a Greensboro, North Carolina, F.W. Woolworth's store; (2) the Greensboro sit-in catalyzed a wave of nonviolent protest against private-sector segregation in the United States that became a hallmark of the American civil rights movement; (3) by August of 1961, more than 70,000 people had participated in sit-ins and sit-down demonstrations in more than 60 cities throughout the Southeast; (4) the International Civil Rights Center and Museum is located at the site of the F.W. Woolworth's store where the sit-in movement began; (5) the International Civil Rights Center and Museum will serve as an archival center and teaching facility exploring the international struggle for civil and human rights, preserving the legacy of the movement for the Nation and future generations; and (6) the International Civil Rights Center and Museum will officially open on February 1, 2010, commemorating the 50th anniversary of the beginning of the sit-in movement. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 1,000 $1 coins in commemoration of the opening of the International Civil Rights Center and Museum, 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. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the International Civil Rights Center and Museum. (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 ``2010''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design of the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the International Civil Rights Center and Museum and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.-- (1) In general.--Only 1 facility of the United States Mint by be used to strike any particular quality of the coins minted under this Act. (2) Use of the united states mint at west point, new york.--It is the sense of Congress that the coins minted under this Act should be struck at the United States Mint at West Point, New York, to the greatest extent possible. (c) Period for Minting.--The Secretary may mint coins under this Act only during the calendar year beginning on January 1, 2010. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7 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 a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid to the International Civil Rights Center and Museum, to be made available for program development and research. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the International Civil Rights Center and Museum as may be related to the expenditures of amounts paid under subsection (b).

International Civil Rights Center and Museum Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue, during 2010, up to 1,000 $1 coins in commemoration of the opening of the International Civil Rights Center and Museum in Greensboro, North Carolina. Requires sales to include a $10 surcharge per coin, to be paid to the International Civil Rights Center and Museum for program development and research.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the opening of the International Civil Rights Center and Museum.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Landmine Removal Assistance Act''. SEC. 2. ASSISTANCE PROGRAM. (a) In General--The President shall carry out a program for humanitarian purposes to improve awareness, detection, and clearance of antipersonnel landmines and explosive ordnance. (b) Forms of Assistance.--The President shall implement subsection (a) by directing the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development to-- (1) provide personnel to instruct, educate, train, and advise persons described in subsection (c) to improve awareness, detection, and clearance of antipersonnel landmines and explosive ordnance; (2) provide financial assistance for expenses associated with instructing, educating, training, and advising persons described in subsection (c) regarding awareness, detection, and clearance of antipersonnel landmines and explosive ordnance; (3) provide technical assistance, equipment, and technology regarding awareness, detection, and clearance of antipersonnel landmines and explosive ordnance; and (4) encourage participation of persons described in subsection (c) in improving awareness, detection, and clearance of antipersonnel landmines and explosive ordnance. (c) Persons That May Receive Assistance.--Persons that may receive instruction, education, training, advice, or other assistance under this section include-- (1) foreign governments; (2) international organizations; (3) non-governmental organizations; (4) humanitarian relief organizations; (5) private voluntary organizations; (6) the United Nations; and (7) other persons the President considers appropriate. SEC. 3. REPORTS. (a) In General.--Not later than January 15, 1997, and annually thereafter, the Secretary of State, the Secretary of Defense, and the Administrator of the United States Agency for International Development shall transmit to Congress a joint report which shall include-- (1) a description of the extent to which section 2 has been implemented in the 12 months immediately preceding the report; (2) a description of all financial expenditures made for implementation of section 2 in the 12 months immediately preceding the report; (3) a description of measures proposed to implement section 2 in the 12 months immediately following the report; (4) a unified proposed budget for implementation of section 2 for the 3 fiscal years immediately following the report; (5) a 3-year plan, as required by subsection (b); (6) a description of, and recommendations to improve, Federal interagency coordination of efforts to detect and clear antipersonnel landmines and explosive ordnance; (7) recommendations to coordinate United States international and domestic efforts to detect, clear, and dispose of explosive ordnance; and (8) recommendations for developing technology to make antipersonnel landmines and explosive ordnance easier to detect and to decrease the cost of clearing antipersonnel landmines and explosive ordnance. (b) 3-Year Plan.--The initial report required by subsection (a), and every 3 years thereafter the annual report required by subsection (a), shall contain a description of the measures which the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development plan to use to implement section 2 during the 3 years immediately following the report. SEC. 4. LIMITATION ON UNITED STATES MILITARY PERSONNEL. The President shall ensure that no member of the Armed Forces of the United States, while providing assistance under this Act-- (1) engages in the physical detection, lifting, or destruction of antipersonnel landmines or explosive ordnance (unless such member does so for the concurrent purpose of supporting a United States military operation); or (2) provides such assistance as part of a military operation that does not involve the Armed Forces of the United States. SEC. 5. ANTIPERSONNEL LANDMINE DEFINED. For the purposes of this Act the term ``antipersonnel landmine'' means any munition placed under, on, or near the ground or other surface area, delivered by artillery, rocket, mortar, or similar means, or dropped from an aircraft and which is designed, constructed, or adapted to be detonated or exploded by the presence, proximity, or contact of a person. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Notwithstanding any other provision of law (including any provision of law enacted after the date of the enactment of this Act), funds appropriated for the Department of Defense for Overseas Humanitarian, Disaster, and Civic Aid for any fiscal year, which are available for activities related to awareness, detection, or clearance of antipersonnel landmines or explosive ordnance shall remain available until expended unless in the Act appropriating such funds the matter specifically relating to Overseas Humanitarian, Disaster, and Civic Aid states otherwise.

Landmine Removal Assistance Act - Directs the President to carry out a humanitarian program (including technical and financial assistance to foreign governments, the United Nations, and specified kinds of humanitarian and international organizations) to improve awareness, detection, and clearance of antipersonnel landmines and explosive ordnance. Requires an annual joint report of the Secretary of State, Secretary of Defense, and the Administrator of the U.S. Agency for International Development to the Congress with respect to such program. Prohibits the use of U.S. armed forces in: (1) the detection, lifting, or destruction of antipersonnel landmines or explosive ordnance (unless it is done to support a U.S. military operation); or (2) providing such assistance as part of a military operation that does not involve U.S. armed forces. Authorizes appropriations.

Landmine Removal Assistance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Victims' Assets, Restitution Policy, and Remembrance Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States should continue to lead the international effort to identify, protect, and return looted assets taken by the Nazis and their collaborators from victims of the Holocaust. (2) The citizens of the United States should understand exactly how the United States Government dealt with the assets looted from victims of the Nazis that came into its possession. (3) The United States forces in Europe made extraordinary efforts to locate and restitute assets taken by the Nazis and their collaborators from victims of the Holocaust. (4) However, the restitution policy formulated by the United States and implemented in the countries in Europe occupied by the United States had many inadequacies and fell short of realizing the goal of returning stolen property to the victims. (5) As a result of these United States policies and their implementation, there remain today many survivors or heirs of survivors who have not had restored to them that which the Nazis looted. (6) The Presidential Advisory Commission on Holocaust Assets in the United States, established in Public Law 105-186, found the following: (A) The United States authorities generally restituted those victims' assets that came under United States control to the national government of their country of origin. In these cases the recipient government bore the responsibility to locate the rightful owner and to restitute the property turned over to it by United States authorities. The Commission found little evidence of efforts by these countries to effect restitution and no evidence that the United States monitored the recipient countries' compliance with these responsibilities. (B) The policy explained in subparagraph (A) excluded those who no longer had a nation to represent their interests, or who had fallen victim to the ruthless efficiency of Nazi genocide and whose property had been rendered heirless and unidentifiable. For those cases, the United States designated ``successor organizations'' to sell heirless and unclaimed property and apply the proceeds to the care, resettlement, and rehabilitation of victims. The adoption of this policy led to many assets being too hastily labeled as heirless or unidentifiable, with the result that they were assigned to the successor organizations rather than to the individuals themselves. (C) The United States military government established strict deadlines that created narrow windows for filing petitions for restitution and prevented many rightful owners from asserting their rights. (D) Even when property was returned to individual owners or their heirs, it was often only after protracted, cumbersome, and expensive administrative proceedings that yielded settlements far less than the full value of the assets concerned. (E) Better policy implementation in Germany and Austria would have prevented identifiable victims' assets from being stored in disorganized and poorly secured military warehouses and facilities where they were occasionally subject to theft and requisitioning by United States servicemen and civilian employees. (F) In 1953, a Senate judiciary subcommittee delving into the activities of the United States Office of Alien Property (OAP) criticized the agency for lacking good business practices in the way it handled the assets under its control. The subcommittee particularly singled out the ``inefficient and dilatory'' manner in which claims were processed. Of approximately 15,000 title claims only about 6,000 had been processed. (G) Congress regarded frozen German assets as a source from which to pay United States war claims for damages suffered by American businesses and individuals. The United States War Claims Commission received more than $200,000,000 from liquidated German and Japanese assets. Thus, United States war claims were paid in part by German assets that likely included victims' assets. (7) The United States Government should redress and improve upon the results that occurred as a result of the policies it established to assist the victims or their heirs to recover property stolen from them during the Nazi regime. (8) The best way to improve upon these results is to create a single institution to serve as a centralized repository for research and information about Holocaust-era assets. (9) Enhancing these policies will also assist victims of future armed conflicts around the world. (10) The conference on Material Claims Against Germany has worked since 1951 with the Government of the United States and with other governments to accomplish material restitution of the looted assets of Holocaust victims, wherever those assets were identified, and has played a major role in allocating unclaimed restitution funds, including funds contributed by the United States, to the Nazi Persecutee Relief Fund. SEC. 3. ESTABLISHMENT AND PURPOSES. (a) Establishment.--There is established as an independent entity of the executive branch of the United States Government the National Foundation for the Study of Holocaust Assets (in this Act referred to as the ``Foundation''). (b) Purposes.--The purposes of the Foundation are-- (1) to serve as a centralized repository for research and information about Holocaust-era assets by-- (A) compiling and publishing a comprehensive report that integrates and supplements where necessary the research on Holocaust-era assets prepared by various countries' commissions on the Holocaust; (B) working with the Department of State's Special Envoy for Holocaust Issues to review the degree to which foreign governments have implemented the principles adopted at the Washington Conference on Holocaust-era Assets and the Vilnius International Forum on Holocaust-era Looted Cultural Property, and should encourage the signatories that have not yet implemented those principles to do so; and (C) collecting and disseminating information about restitution programs around the world; (2) to create tools to assist individuals and institutions to determine the ownership of Holocaust victims' assets and to enable claimants to obtain the speedy resolution of their personal property claims by-- (A) ensuring the implementation of the agreements entered into by the Presidential Advisory Commission on Holocaust Assets in the United States with the American Association of Museums and the Association of Art Museum Directors to provide for the establishment and maintenance of a searchable central registry of Holocaust-era cultural property in the United States, beginning with European paintings and Judaica; (B) funding grants to museums, libraries, universities, and other institutions that hold Holocaust-era cultural property and adhere to the agreements referred to in subparagraph (A), to conduct provenance research; (C) encouraging the creation and maintenance of mechanisms such as a computerized, searchable database of Holocaust victims' claims for the restitution of personal property; (D) funding a cross match of records developed by the 50 States of escheated property from the Holocaust era against databases of victims' names and publicizing the results of this effort; (E) assisting State governments in the preservation and automation of records of unclaimed property that may include Holocaust-era property; and (F) regularly publishing lists of Holocaust-era artwork returned to claimants by museums in the United States; (3) to work with private sector institutions to develop and promote common standards and best practices for research and information gathering on Holocaust-era assets by-- (A) promoting and monitoring banks' implementation of the suggested best practices developed by the Presidential Advisory Commission on Holocaust Assets in the United States and the New York Bankers' Association; and (B) promoting the development of common standards and best practices for research by United States corporations into their records concerning whether they conducted business with Nazi Germany in the period preceding the onset of hostilities in December 1941; and (4) other purposes the Board considers appropriate. SEC. 4. BOARD OF DIRECTORS. (a) Membership and Terms.--The Foundation shall have a Board of Directors (in this Act referred to as the ``Board''), which shall consist of 17 members, each of whom shall be a United States citizen. (b) Appointment.--Members of the Board shall be appointed as follows: (1) Nine members of the Board shall be individuals appointed by the President, by and with the advice and consent of the Senate. (2) Eight members of the Board shall be individuals appointed by the President, by and with the advice and consent of the Senate, after consideration of the recommendations of the Congressional leadership, as follows: (A) Two members each shall be appointed after consideration of the recommendations of the Majority Leader of the Senate and after consideration of the recommendations of the Minority Leader of the Senate. (B) Two members each shall be appointed after consideration of the recommendations of the Speaker of the House of Representatives and after consideration of the recommendations of the Minority Leader of the House of Representatives. (c) Chairman.--The President shall appoint a Chair from among the members of the Board. (d) Quorum and Voting.--A majority of the membership of the Board shall constitute a quorum for the transaction of business. Voting shall be by simple majority of those members voting. (e) Meetings and Consultations.--The Board shall meet at the call of the Chairman at least twice a year. Where appropriate, members of the Board shall consult with relevant agencies of the Federal Government, and with the United States Holocaust Memorial Council and Museum. (f) Reimbursements.--Members of the Board shall serve without pay, but shall be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Foundation. SEC. 5. OFFICERS AND EMPLOYEES. (a) Executive Director.--The Foundation shall have an Executive Director appointed by the Board and such other officers as the Board may appoint. The Executive Director and the other officers of the Foundation shall be compensated at rates fixed by the Board and shall serve at the pleasure of the Board. (b) Employees.--Subject to the approval of the Board, the Foundation may employ such individuals at such rates of compensation as the Executive Director determines appropriate. (c) Volunteers.--Subject to the approval of the Board, the Foundation may accept the services of volunteers in the performance of the functions of the Foundation. SEC. 6. FUNCTION AND CORPORATE POWERS. The Foundation-- (1) may conduct business in the United States and abroad; (2) shall have its principal offices in the District of Columbia or its environs; and (3) shall have the power-- (A) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein; (B) to acquire by purchase or exchange any real or personal property or interest therein; (C) to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any real or personal property or income therefrom; (D) to enter into contracts or other arrangements with public agencies, private organizations, and other persons, and to make such payments as may be necessary to carry out its purposes; and (E) to do any and all acts necessary and proper to carry out the purposes of the Foundation. SEC. 7. REPORTING REQUIREMENTS. The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to Congress a report of its proceedings and activities during that fiscal year, including a full and complete statement of its receipts, expenditures, and investments, and a description of all acquisition and disposal of real property. SEC. 8. ADMINISTRATIVE SERVICES AND SUPPORT. The Secretary of the Treasury, the Secretary of Education, the Secretary of State, and the heads of any other Federal agencies may provide personnel, facilities, and other administrative services to the Foundation. SEC. 9. SUNSET PROVISION. The Foundation shall exist until September 30, 2011, at which time the Foundation's functions and research materials and products shall be transferred to the United States Holocaust Memorial Museum, or to other appropriate entities, as determined by the Board. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There are authorized to be appropriated to the Foundation such sums as may be necessary to carry out this Act. (b) Limitation.--No funds appropriated to carry out this Act may be used to pay attorneys fees in the pursuit of private claims.

Holocaust Victims' Assets, Restitution Policy, and Remembrance Act - Establishes the National Foundation for the Study of Holocaust Assets as an independent entity of the Executive branch to: (1) serve as a centralized repository for research and information about Holocaust-era assets; and (2) create tools to assist individuals and institutions to determine the ownership of Holocaust victims' assets and to enable claimants to obtain the speedy resolution of their personal property claims.

To establish a National Foundation for the Study of Holocaust Assets.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Relief for Caribbean Nationals Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Haiti, Grenada, and the Cayman Islands have been severely devastated by Tropical Storm Jeanne and Hurricane Ivan. (2) On September 16, 2004, Tropical Storm Jeanne struck the Dominican Republic and Haiti. (3) In Haiti, more than 1,500 people are known dead while more than 1,000 people are missing as a result of Tropical Storm Jeanne. (4) After visiting the stricken northern city of Gonoies, Haiti, Prime Minister Gerard Latortue stated ``We have a problem with bodies: there is a risk of epidemic. If you can picture this: there is no electricity, the morgues are not working, there is water everywhere.''. (5) A United Nations spokesman stated that the corpses of victims of Tropical Storm Jeanne in Haiti had to be buried in mass graves as soon as possible to stop disease from spreading. (6) Dieufort Deslorges, spokesman for the civil protection agency of Haiti, stated that 250,000 people were homeless across the country and at least 4,000 homes were destroyed with thousands more damaged as a result of the storm. (7) When Tropical Storm Jeanne hit, Haiti was already struggling to deal with political instability and the aftermath of serious floods that occurred in May 2004. (8) Hurricane Ivan killed 39 people in Grenada and left 40,000 of its 90,000 inhabitants living in a few hundred houses, schools, and churches that have been converted into shelters. (9) Prime Minister of Grenada Keith Mitchell, whose official residence was destroyed by Hurricane Ivan, declared a national disaster and stated that the island was ``90 percent devastated''. (10) Hurricane Ivan struck St. George, the capital of Grenada, with 125 mile per hour winds that flattened homes, disrupted power, damaged the main hospital, and destroyed the emergency operations center, the main prison, and many schools. (11) On September 15, 2004, electrical engineers funded by the Office of United States Foreign Disaster Assistance of the United States Agency for International Development assessed damage across Grenada and estimated that 85 to 90 percent of the electricity systems on the west and north coasts of Grenada had been destroyed. (12) In Grenada, an environmental health hazard has arisen as runoff, which contains pathogens from several sources including human waste, is contaminating rivers where people wash and bathe. (13) As of September 10, 2004, there were widespread reports of looting in Grenada. American students at St. George's University in Grenada told the Associated Press news agency that they felt unsafe and had armed themselves against looters with knives, sticks, and pepper spray. (14) Grenada may need as much as $2,200,000,000, or four times its annual economic output, to rebuild after the devastation caused by Hurricane Ivan. (15) The assistance needed to rebuild Grenada must come from abroad as the main industries of Grenada, nutmeg exports and tourism, have been devastated by the storm. (16) Hurricane Ivan, the strongest storm to hit the Caribbean region in a decade, struck the Cayman Islands with 150 mile per hour winds that tore roofs off houses, uprooted trees, and caused flooding across the British territory. (17) International media sources reported that the Cayman Islands sustained extreme damage as a result of Hurricane Ivan. Local authorities report that 15 to 20 percent of homes on the eastern part of the Cayman Islands were completely destroyed and another 50 percent suffered significant damage. (18) The unusual hurricane activity in the Caribbean region during 2004 has created an extraordinary and temporary condition in Haiti, Grenada, and the Cayman Islands that prevents nationals of those countries who are in the United States from returning to their homes. (19) Temporary protected status allows aliens who do not legally qualify as refugees but are nonetheless fleeing or reluctant to return to potentially dangerous situations to temporarily remain in the United States. (20) Granting temporary protected status to nationals of Haiti, Grenada, and the Cayman Islands is consistent with the interest of the United States and promotes the values and morals that have made the United States strong. (21) The extraordinary and temporary conditions caused by nature and resulting in floods, epidemics, and other environmental disasters in Haiti, Grenada, and the Cayman Islands should make the nationals of those countries eligible for temporary protected status. SEC. 3. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS TO HAITIANS, GRENADIANS, AND CAYMANIANS. (a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Haiti, Grenada, and the Cayman Islands shall be treated as if such countries had been designated under subsection (b) of that section, subject to the provisions of this section. (2) Period of designation.--The initial period of such designation shall begin on the date of enactment of this Act and shall remain in effect for 18 months. (b) Aliens Eligible.--In applying section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) pursuant to the designation made under this section, subject to section 244(c)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(3)), an alien who is a national of Haiti, Grenada, or the Cayman Islands meets the requirements of section 244(c)(1) of that Act (8 U.S.C. 1254a(c)(1)) only if-- (1) the alien has been continuously physically present in the United States since September 7, 2004; (2) the alien is admissible as an immigrant, except as otherwise provided under section 244(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(A)), and is not ineligible for temporary protected status under section 244(c)(2)(B) of that Act (8 U.S.C. 1254a(c)(2)(B)); and (3) the alien registers for temporary protected status in a manner that the Secretary of Homeland Security shall establish. (c) Consent to Travel Abroad.--The Secretary of Homeland Security shall give the prior consent to travel abroad described in section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)) to an alien who is granted temporary protected status pursuant to the designation made under this section, if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. An alien returning to the United States in accordance with such an authorization shall be treated the same as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a).

Emergency Relief for Caribbean Nationals Act - Requires Haiti, Grenada, and the Cayman Islands to be treated as if such countries had been designated for purposes of the temporary protected status (TPS) provisions of the Immigration and Nationality Act. Requires the initial period of designation to remain in effect for 18 months beginning on the date of enactment of this Act. Limits eligibility for TPS under this Act to aliens who: (1) have been continuously physically present in the United States since September 7, 2004; (2) are admissible as immigrants or eligible for certain waivers of inadmissibility and are not ineligible for TPS; and (3) register for TPS in the manner established by the Secretary of Homeland Security. Directs the Secretary to give prior consent to travel abroad to an alien granted TPS pursuant to this Act if the alien establishes that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad.

To designate Haiti, Grenada, and the Cayman Islands under section 244 of the Immigration and Nationality Act in order to make nationals of those countries eligible for temporary protected status under such section.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Career and Technical Education Act of 2016''. SEC. 2. REFERENCES. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). SEC. 3. PURPOSE. Section 2 (20 U.S.C. 2301) is amended to read as follows: ``SEC. 2. PURPOSE. ``The purpose of this Act is to support the development of and access to high-quality career and technical education programs of study that successfully prepare students for college and careers, thereby ensuring the global competitiveness of the United States and the economic self-sufficiency of the citizens of the United States.''. SEC. 4. DEFINITIONS. Section 3 (20 U.S.C. 2302) is amended-- (1) by redesignating paragraphs (15) through (28) and (29) through (34) as paragraphs (16) through (29) and (31) through (36), respectively; (2) by inserting after paragraph (14) the following: ``(15) Equity gap.--The term `equity gap' means the gaps in participation and performance on the core indicators of performance described in section 113(b)(2) for career and technical education programs of study, as described in section 122(c)(1)(A), between student groups based on gender, race, and each of the special populations described in paragraph (31), as compared to all students served by the eligible agency or eligible recipient under this Act.''; (3) by inserting after paragraph (29), as redesignated by paragraph (1), the following: ``(30) Self-sufficiency.--The term `self-sufficiency' means a wage that enables a household to meet the costs of the basic needs in the local area of the household and to build sufficient savings for the future.''; and (4) in paragraph (33), as redesignated by paragraph (1), by striking ``and instructional aids and devices.'' and inserting ``instructional aids and devices, transportation, child care, dependent care, tuition, books, supplies, and other services necessary to enable an individual to participate in career and technical education activities.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 4 (20 U.S.C. 2307) is amended by striking ``2007 through 2012'' and inserting ``2017 through 2021''. SEC. 6. WITHIN STATE ALLOCATION. Subparagraph (B) of section 112(a)(2) (20 U.S.C. 2322(a)(2)) is amended to read as follows: ``(B) not less than $100,000 shall be reserved to provide technical assistance and professional development to local educational agencies on effective strategies for closing equity gaps; and''. SEC. 7. ACCOUNTABILITY. Section 113 (20 U.S.C. 2323) is amended-- (1) in subsection (b)-- (A) in paragraph (3)(A)-- (i) in clause (i)(II), by inserting ``closing equity gaps and'' after ``progress toward''; and (ii) in clause (vi)(II), by inserting ``close equity gaps and'' after ``levels of performance''; and (B) in paragraph (4)-- (i) in subparagraph (A)-- (I) in clause (i)(II), by inserting ``closing equity gaps and'' after ``progress toward''; and (II) in clause (v)(II), by inserting ``close equity gaps and'' after ``levels of performance''; and (ii) in subparagraph (C)-- (I) in clause (i)-- (aa) by striking ``regarding the progress'' and inserting the following: ``regarding-- ``(I) the progress''; (bb) by striking ``indicators of performance.'' and inserting ``indicators of performance; and''; and (cc) by adding at the end the following: ``(II) how the eligible recipient has used funds to provide programs and support services to close the equity gaps identified under clause (ii)(II).''; and (II) in clause (ii)-- (aa) in subclause (I), by striking ``for the subgroups of students'' and all that follows through ``; and'' and inserting ``by gender, by race, and for each of the special populations described in section 3(31); and''; and (bb) in subclause (II), by striking ``disparities or gaps in performance'' and inserting ``equity gaps''; and (2) in subsection (c)-- (A) in paragraph (1)-- (i) by striking ``and'' after the semicolon; (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following: ``(B) the progress of the State in closing equity gaps and how the eligible agency has used funds to provide programs and services for eligible recipients to close such equity gaps; and''; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``for the categories'' and all that follows through ``; and'' and inserting ``by gender, race, and for each of the special populations described in section 3(31); and''; and (ii) in subparagraph (B), by striking ``disparities or gaps in performance between any such category of students and the performance of all students served by the eligible agency under this Act'' and inserting ``equity gaps between any category of students described in subparagraph (A)''. SEC. 8. NATIONAL ACTIVITIES. Section 114(d) (20 U.S.C. 2324(d)) is amended-- (1) in paragraph (1)(B)-- (A) in clause (v), by striking ``and'' after the semicolon; (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following: ``(vi) individuals with expertise on the development of programs that have been effective in closing equity gaps; and''; (2) in paragraph (2)(B)-- (A) in clause (i), by inserting ``and have been successful in closing equity gaps'' after ``under this Act''; and (B) in the matter preceding subclause (I) of clause (iii), by inserting ``, disaggregated as described in section 113(b)(4)(C)(ii)(I) and'' before ``including analyses''; (3) in the matter preceding subclause (I) of paragraph (4)(A)(i), by inserting ``closing equity gaps and'' before ``addressing''; and (4) in paragraph (5), by striking ``for providing'' and inserting ``for closing equity gaps by providing high- quality''. SEC. 9. STATE ADMINISTRATION. Section 121(a) (20 U.S.C. 2341(a)) is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4)(B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) conducting an equity gap analysis.''. SEC. 10. STATE PLAN. Section 122(c) (20 U.S.C. 2342(c)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (K), by striking ``and'' after the semicolon; (B) in subparagraph (L), by inserting ``and'' after the semicolon; and (C) by adding at the end the following: ``(M) how funds will be used to support State technical assistance and professional development to close the equity gaps identified in section 121(a)(5);''; (2) in paragraph (2)(E), by inserting ``close equity gaps and'' after ``and skills needed to''; and (3) in the matter preceding subparagraph (A) of paragraph (9), by striking ``for special populations'' and inserting ``for closing equity gaps''. SEC. 11. STATE PROGRAM IMPROVEMENT. Section 123 (20 U.S.C. 2343) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by inserting ``, or fails to show improvement on closing any equity gap identified under section 113(c)(2)(B) for the preceding fiscal year,'' after ``upon State adjusted level of performance''; and (ii) by inserting ``or close equity gaps,'' after ``adjusted level of performance,''; (B) in paragraph (3)-- (i) in subparagraph (A)-- (I) in clause (ii)-- (aa) by inserting ``, or in closing equity gaps,'' after ``levels of performance''; and (bb) by striking ``or'' after the semicolon; (II) in clause (iii), by striking the period at the end and inserting ``; or''; and (III) by adding at the end the following: ``(iv) fails to show improvement on closing equity gaps for the populations identified in section 113(c)(2)(A) for 3 consecutive years.''; (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following: ``(B) Use of funds.--An eligible agency shall use funds made available under section 112(c) for the purposes described in section 124(b)(10) when the eligible agency-- ``(i) fails to show improvement in closing equity gaps within the first program year of implementation of its improvement plan described in paragraph (1); or ``(ii) fails to show improvement on closing equity gaps for the populations identified in section 113(c)(2)(A) for 3 consecutive years.''; and (2) in subsection (b)-- (A) in paragraph (1), by inserting ``conduct an equity gap analysis to'' after ``shall''; (B) in paragraph (2)-- (i) by inserting ``, or failed to show improvement on the closing of equity gaps identified in section 113(b)(4)(C)(ii)(II),'' after ``upon local adjusted level of performance''; and (ii) by striking ``(with special consideration to performance gaps identified under section 113(b)(4)(C)(ii)(II))''; and (C) in paragraph (4)-- (i) in subparagraph (A)-- (I) in clause (ii)-- (aa) by inserting ``in closing equity gaps or'' after ``any improvement''; and (bb) by striking ``or'' after the semicolon; (II) in clause (iii), by striking the period at the end and inserting ``; or''; and (III) by adding at the end the following: ``(iv) fails to show improvement on closing equity gaps for the populations identified in section 113(b)(4)(C)(ii)(I) for 3 consecutive years.''; and (ii) by adding at the end the following: ``(C) Additional requirements.--An eligible entity shall require an eligible recipient receiving an allocation under this title to use not less than 10 percent of the funds made available to the eligible recipient under section 131 or 132 to meet the purposes described in section 135(b)(9) in any case where an eligible recipient-- ``(i) fails to show improvement in closing equity gaps within the first program year of implementation of its improvement plan described in paragraph (1); or ``(ii) fails to show improvement on closing equity gaps for the populations identified in section 113(c)(2)(A) for 3 consecutive years.''. SEC. 12. STATE LEADERSHIP ACTIVITIES. Section 124(b) (20 U.S.C. 2344(b)) is amended-- (1) in paragraph (1), by inserting ``equity gap'' before ``assessment of the career''; (2) in paragraph (8), by striking ``and'' after the semicolon; (3) in paragraph (9), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(10) delivering professional development, leadership, and technical assistance for eligible recipients to close equity gaps identified in paragraph (1) for any of the core indicators of performance described in section 113(b)(4).''. SEC. 13. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS. Section 134(b) (20 U.S.C. 2354(b)) is amended-- (1) in paragraph (2), by inserting ``closing equity gaps and'' after ``with respect to''; and (2) in paragraph (4), by inserting ``the closing of equity gaps and'' before ``the integration of''. SEC. 14. LOCAL USES OF FUNDS. Section 135(b) (20 U.S.C. 2355(b)) is amended-- (1) in paragraph (5)(A)-- (A) in clause (iii), by striking ``and'' after the semicolon; (B) in clause (iv), by inserting ``and'' after the semicolon; and (C) by adding at the end the following: ``(v) effective practices to close equity gaps in career and technical education programs of study;''; (2) in paragraph (6), by striking ``assessment of how'' and inserting ``equity gap assessment of how''; and (3) in paragraph (9), by inserting ``to close equity gaps and'' after ``provide activities''.

Equity in Career and Technical Education Act of 2016 This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to require state and local educational agencies to conduct an annual equity gap assessment for career and technical education programs of study and create plans on how to reduce the gap.The "equity gap" consists of the gaps in participation and performance between students based on gender, race, and certain special populations. The bill requires states to provide professional development and technical assistance to help local educational agencies close equity gaps in career and technical education.States and local agencies that fail to make improvements in closing equity gaps must implement an improvement plan.The Department of Education (ED)may withhold funding from states that fail to show improvement in closing equity gaps.Additionally, states may withhold funding from local agencies that fail to make improvements. States must also annually report toED on the progress of the state in closing equity gaps.

Equity in Career and Technical Education Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Delivery for America Act of 2014''. SEC. 2. DELIVERY-POINT MODERNIZATION. (a) In General.--Subchapter VII of chapter 36 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 3692. Delivery-point modernization ``(a) Definitions.--For the purposes of this section-- ``(1) the term `delivery point' means a mailbox or other receptacle to which mail is delivered; ``(2) the term `primary mode of mail delivery' means the typical method by which the Postal Service delivers letter mail to the delivery point of a postal patron; ``(3) the term `door delivery' means a primary mode of mail delivery whereby mail is placed into a slot or receptacle at or near the postal patron's door or is hand delivered to a postal patron, but does not include centralized, curbside, or sidewalk delivery; ``(4) the term `centralized delivery' means a primary mode of mail delivery whereby mail receptacles of a number of delivery points are grouped or clustered at a single location; ``(5) the term `curbside delivery' means a primary mode of mail delivery whereby a mail receptacle is situated at the edge of a sidewalk abutting a road or curb, at a road, or at a curb, and can be served by a letter carrier from a motorized vehicle; and ``(6) the term `sidewalk delivery' means a primary mode of mail delivery whereby a mail receptacle is situated at the edge of a sidewalk and can be served by a letter carrier from the sidewalk. ``(b) Policy.--It shall be the policy of the Postal Service-- ``(1) to provide access to secure, convenient package delivery receptacles to the greatest number of postal patrons feasible; and ``(2) to use the most cost-effective primary mode of mail delivery feasible for postal patrons. ``(c) Phaseout of Door Delivery.-- ``(1) New addresses.--For new addresses established after September 30, 2014, the Postal Service shall provide a primary mode of mail delivery other than door delivery, with a preference for secure, centralized delivery to the maximum extent feasible. ``(2) Business address conversion.--Subject to paragraph (4), the Postal Service shall implement a program to convert existing business addresses with door delivery to centralized delivery to the maximum extent feasible. ``(3) Residential address conversion.-- ``(A) Identification.--Within 1 year after the date of the enactment of this section, each Postal Service district office shall identify residential addresses within its service area that are appropriate candidates for conversion from door delivery to centralized, curbside, or sidewalk delivery, in accordance with standards established by the Postal Service. ``(B) Voluntary conversion.--Subject to paragraph (4), the Postal Service shall seek to voluntarily convert the delivery points identified under subparagraph (A) from door delivery to more cost- effective primary modes of mail delivery. ``(C) Procedures.--In carrying out conversions under subparagraph (B), the Postal Service shall establish procedures-- ``(i) to solicit, consider, and respond to input from postal patrons, State and local governments, local associations, and property owners; and ``(ii) to place centralized delivery points in locations that maximize delivery efficiency, ease of use for postal patrons, and respect for private property rights. ``(4) Considerations.--In making any determination to convert the primary mode of mail delivery for an existing address from door delivery to any other primary mode of mail delivery, or to provide a primary mode of mail delivery to a new address, the Postal Service shall consider-- ``(A) the impact of weather conditions, physical barriers, or any other factor that may impact the feasibility of providing a primary mode of mail delivery other than door delivery (such as a factor that may significantly reduce the potential cost savings associated with providing centralized or curbside delivery); ``(B) whether the address is in a registered historic district (as that term is defined in section 47(c)(3)(B) of the Internal Revenue Code of 1986), is listed on the National Register of Historic Places, is designated as a National Historic Landmark, or is of historic value; and ``(C) population density and the concentration of poverty. ``(5) Waiver for physical hardship.--The Postal Service shall establish and maintain a waiver program under which, upon application, door delivery may be continued, or provided, at no cost to the applicant in any case in which-- ``(A) centralized or curbside delivery would, but for this paragraph, otherwise be the primary mode of mail delivery; and ``(B) door delivery is necessary in order to avoid causing significant physical hardship or physical safety risks to a postal patron. ``(d) Delivery Modernization Requirement.-- ``(1) Delivery-point conversions.--During each fiscal year from fiscal year 2015 through fiscal year 2024, the Postal Service shall convert not less than 1,500,000 of the door delivery points extant on December 31, 2013, to centralized, curbside, or sidewalk delivery. ``(2) Conversion type.--In carrying out paragraph (1), the Postal Service shall, to the greatest extent feasible, convert delivery points to centralized delivery and include secure package lockers co-located with mail receptacles at the centralized delivery point. ``(3) Conversion order.--In determining which delivery points to convert under paragraph (1), the delivery point or points of postal patrons who voluntarily agree to convert their delivery point or points under subsection (c)(3) shall take precedence over any other conversions to the greatest extent practicable. ``(4) Procedures.--In carrying out conversions under paragraph (1), the Postal Service shall establish procedures to-- ``(A) solicit, consider, and respond to input from the general public, postal patrons, State and local governments, local associations, and property owners which shall include, but not be limited to-- ``(i) a public community meeting prior to the commencement of the conversion of a community; ``(ii) prior to the completion of the conversion of a community; and ``(iii) at any point in the process when the District Manager makes a change to the delivery method or the location of centralized delivery points; ``(B) calculate and make publicly accessible the cost or savings of the conversion to the Postal Service as well as the average conversion cost or savings to each postal patron and any cost or savings to the State and local government; and ``(C) place centralized delivery points in locations that maximize delivery efficiency, ease of use for postal patrons, and respect for private property rights. ``(5) Notification.--In carrying out conversions under paragraph (1), the Postal Service shall provide written notice at least 60 days in advance of the implementation date of a change in primary mode of mail delivery to postal customers served by an applicable delivery point. ``(6) Voucher program.--The Postal Service shall, in accordance with such standards and procedures as the Postal Service shall by regulation prescribe, provide for a voucher program under which, upon application, the Postal Service may defray all or any portion of the costs associated with conversion from door delivery under this section which would otherwise be borne by postal patrons. ``(7) Legacy door-delivery service.-- ``(A) In general.--The Postal Service may continue to provide, for a fee to be paid by the addressee, door delivery to an address that received door delivery as of January 1, 2014, but was converted or scheduled to be converted to a different primary mode of mail delivery as a result of the requirements of paragraph (1), subject to succeeding provisions of this paragraph. ``(B) Offset.--The fee described in subparagraph (A) shall, when taken in the nationwide aggregate, offset the additional cost to the Postal Service for door delivery (compared to the cost of the primary mode of mail delivery which would otherwise exist for such address) as a result of the requirements of subsection (d). ``(C) Requirements.--The fee shall be subject to the requirements of section 3622(d)(1)(B) and the Postmaster General may by regulation prescribe the method of the fee's calculation. ``(D) Qualifications.--Postal patrons may only qualify for the option of legacy door-delivery service if-- ``(i) the postal patron received mail at the applicable address on the date on which-- ``(I) the Postal Service provided written notice of its intent to convert a delivery point in compliance with paragraph (5); or ``(II) the primary mode of mail delivery was changed pursuant to the requirements of paragraph (1); ``(ii) the postal patron registered and paid the initial fee for such service not later than 6 months after the date on which the primary mode of mail delivery was changed for the applicable address; and ``(iii) the provision of legacy door- delivery service has been continuous at the applicable address since its commencement. ``(8) Treatment of exemption.--Addresses receiving door delivery or legacy door delivery as a result of subsection (c)(5) or paragraph (7)-- ``(A) shall be counted as addresses that receive the primary mode of mail delivery which the address would be subject to if not for the applicable exemption; and ``(B) shall, within 60 days after ceasing to meet the requirements of such subsection (c)(5) or paragraph (7), as applicable, be converted to the primary mode of mail delivery which was otherwise applicable. ``(9) Annual report.--Not later than 60 days after the end of each of fiscal years 2015 through 2024, the Postal Service shall submit to Congress and the Inspector General of the Postal Service a report on the implementation of this section during the most recently completed fiscal year. Each such report shall include-- ``(A) the number of residential and business addresses that-- ``(i) receive door delivery as of the end of the fiscal year preceding the most recently completed fiscal year; ``(ii) receive door delivery as of the end of the most recently completed fiscal year; and ``(iii) during the most recently completed fiscal year, were converted from door delivery to-- ``(I) centralized delivery points; ``(II) curbside delivery points; and ``(III) any other primary mode of mail delivery, respectively; ``(B) the estimated cost savings from the conversions described in subparagraph (A)(iii); ``(C) a description of the progress made by the Postal Service toward meeting the requirements of subsection (c) and paragraph (1) of this subsection; and ``(D) any other information which the Postal Service considers appropriate. ``(10) Inspector general audit.--The Inspector General of the Postal Service shall issue an annual audit report on the implementation of the conversion requirement under paragraph (1) not later than 90 days after the date on which the Postal Service releases its annual report under paragraph (9). At a minimum, the report under this paragraph shall contain-- ``(A) an audit of the data contained in the Postal Service's report under paragraph (9); and ``(B) an evaluation of the Postal Service's implementation of the procedural requirements described in paragraph (4). ``(e) Review.--Subchapters IV and V shall not apply with respect to any action taken by the Postal Service under this section.''. (b) Clerical Amendment.--The table of sections for chapter 36 of title 39, United States Code, is amended by adding after the item relating to section 3691 the following: ``3692. Delivery-point modernization.''. (c) Updated Delivery Cost Data.-- (1) Study.--Not later than 180 days after the date of the enactment of this Act, the Postal Service shall begin to collect data on delivery mode costs and the potential savings of converting to more cost-efficient primary modes of mail delivery. (2) Report.--Not later than October 1, 2015, the Postal Service shall submit a report 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 describing the findings of the study conducted under paragraph (1).

Secure Delivery for America Act of 2014 - Declares that it is the policy of the United States Postal Service (USPS) to: (1) provide access to secure, convenient package delivery receptacles to the greatest number of postal patrons feasible; and (2) use the most cost-effective primary mode of mail delivery feasible. Directs USPS to: (1) provide a primary mode of mail delivery other than door delivery, with a preference for secure, centralized delivery, for new addresses established after September 30, 2014; and (2) implement a program to convert existing business addresses with door delivery to centralized delivery. Requires: (1) each USPS district office to identify residential addresses within its service area that are appropriate candidates for conversion to centralized, curbside, or sidewalk delivery; and (2) USPS to seek to voluntarily make such conversion. Requires the USPS, in making conversion determinations, to consider: (1) the impact of weather conditions, physical barriers, or any other factor on the feasibility of providing a primary mode of mail delivery other than door delivery; (2) whether the address is of historic value; and (3) population density and the concentration of poverty. Directs USPS to establish and maintain a waiver program for cases in which door delivery is necessary to avoid causing significant physical hardship or physical safety risks to a postal patron. Requires USPS to: (1) convert at least 1.5 million of the door delivery points extant on December 31, 2013, to centralized, curbside, or sidewalk delivery during each of FY2015-FY2024, with priority to voluntary conversions; (2) convert delivery points to centralized delivery to the greatest extent feasible and include secure package lockers co-located with mail receptacles at the centralized delivery point; (3) establish procedures to place centralized delivery points in locations that maximize delivery efficiency, ease of use for postal patrons, and respect for private property rights; and (4) provide for a voucher program under which USPS may defray costs associated with conversion that would otherwise be borne by postal patrons. Authorizes USPS to continue to provide door delivery for a fee to an address that received such delivery as of January 1, 2014, but was converted or scheduled to be converted to a different primary mode of mail delivery as a result of this Act's requirements.

Secure Delivery for America Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Venture Capital Act of 2009''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``New Markets Venture Capital company'' has the meaning given that term in section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689); and (3) the term ``New Markets Venture Capital Program'' means the program under part B of title III of the Small Business Investment Act of 1958 (15 U.S.C. 689 et seq.). SEC. 3. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Definitions. Sec. 3. Table of contents. TITLE I--SMALL BUSINESS INVESTMENT COMPANY PROGRAM Sec. 101. Reauthorization. Sec. 102. Leverage. Sec. 103. Private capital. Sec. 104. Maximum investment in a company. TITLE II--NEW MARKETS VENTURE CAPITAL PROGRAM Sec. 201. Diversification of New Markets Venture Capital Program. Sec. 202. Establishment of Office of New Markets Venture Capital. Sec. 203. Low-income geographic areas. Sec. 204. Applications for New Markets Venture Capital Program. Sec. 205. Operational assistance grants. Sec. 206. Authorization. TITLE I--SMALL BUSINESS INVESTMENT COMPANY PROGRAM SEC. 101. REAUTHORIZATION. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended-- (1) by redesignating subsection (j) as subsection (f); and (2) by adding at the end the following: ``(g) Small Business Venture Capital.--For the programs authorized under part A of title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.), the Administrator is authorized to make-- ``(1) $500,000,000 in purchases of participating securities for each of fiscal years 2010 through 2013; and ``(2)(A) $2,000,000,000 in guarantees of debentures for fiscal year 2010; ``(B) $2,250,000,000 in guarantees of debentures for fiscal year 2011; ``(C) $2,500,000,000 in guarantees of debentures for fiscal year 2012; and ``(D) $2,750,000,000 in guarantees of debentures for fiscal year 2013.''. SEC. 102. LEVERAGE. Section 303(b)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)) is amended by adding at the end the following: ``(E) Investments in small business concerns owned and controlled by women and socially and economically disadvantaged small business concerns.-- ``(i) In general.--The maximum amount of outstanding leverage made available to-- ``(I) any 1 small business investment company described in clause (ii) may not exceed the lesser of-- ``(aa) 300 percent of private capital; or ``(bb) $175,000,000; and ``(II) 2 or more small business investment companies described in clause (ii) that are commonly controlled (as determined by the Administrator) may not exceed $250,000,000. ``(ii) Applicability.--A small business investment company described in this clause is a small business investment company that certifies in writing that not less than 50 percent of the dollar amount of investments of the small business investment company are or will be made in small business concerns owned and controlled by women, as defined in section 3 of the Small Business Act (15 U.S.C. 632), or socially and economically disadvantaged small business concerns, as defined in section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 637(a)(4)(A)).''. SEC. 103. PRIVATE CAPITAL. Section 103(9)(A)(ii) of the Small Business Investment Act of 1958 (15 U.S.C. 662(9)(A)(ii)) is amended by inserting ``, except for any company licensed under section 301(c) on or before September 30, 2004, that holds commitments from the Administration for participating security leverage,'' before ``leverage shall not be funded based on such commitments''. SEC. 104. MAXIMUM INVESTMENT IN A COMPANY. Section 306(a) of the Small Business Investment Act of 1958 (15 U.S.C. 686(a)) is amended by striking ``10 percent'' and inserting ``30 percent''. TITLE II--NEW MARKETS VENTURE CAPITAL PROGRAM SEC. 201. DIVERSIFICATION OF NEW MARKETS VENTURE CAPITAL PROGRAM. (a) Selection of Companies in Each Geographic Region.--Section 354 of the Small Business Investment Act of 1958 (15 U.S.C. 689c) is amended by adding at the end the following: ``(f) Geographic Goal.--In selecting companies to participate as New Markets Venture Capital companies in the program established under this part, the Administrator shall, to the maximum extent practicable, select at least 1 company from each geographic region of the Administration.''. (b) Participation in New Markets Venture Capital Program.-- (1) Administration participation required.--Section 353 of the Small Business Investment Act of 1958 (15 U.S.C. 689b) is amended in the matter preceding paragraph (1), by striking ``under which the Administrator may'' and inserting ``under which the Administrator shall''. (2) Small manufacturer participation.--Section 353(1) of the Small Business Investment Act of 1958 (15 U.S.C. 689b(1)) is amended by inserting ``, and shall set a goal of entering into at least 1 such agreement each fiscal year with a company that is engaged primarily in development of, and investment in, small manufacturers, as that term is defined in section 501(e)(6)'' after ``section 352''. SEC. 202. ESTABLISHMENT OF OFFICE OF NEW MARKETS VENTURE CAPITAL. Title II of the Small Business Investment Act of 1958 (15 U.S.C. 671) is amended by adding at the end the following: ``SEC. 202. OFFICE OF NEW MARKETS VENTURE CAPITAL. ``(a) Establishment.--There is established in the Small Business Investment Division of the Administration, the Office of New Markets Venture Capital. ``(b) Director.--The head of the Office of New Markets Venture Capital shall be an individual appointed by the Administrator in the competitive service or the excepted service. ``(c) Responsibilities of Director.--The head of the Office of New Markets Venture Capital shall-- ``(1) administer the New Markets Venture Capital Program under part B of title III; ``(2) assess, not less frequently than once every 2 years, the nature and scope of the New Markets Venture Capital Program and advise the Administrator on recommended changes to the program; ``(3) make efforts to expand the number of small-business concerns that participate in the New Markets Venture Capital Program; and ``(4) encourage investment in small manufacturers, as that term is defined in section 501(e)(6).''. SEC. 203. LOW-INCOME GEOGRAPHIC AREAS. (a) In General.--Section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689) is amended-- (1) by striking paragraph (2); (2) by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively; and (3) in paragraph (2), as so redesignated-- (A) in the matter preceding subparagraph (A)-- (i) by striking ``the term'' and inserting ``The term''; and (ii) by striking ``means''; (B) by striking subparagraph (A) and inserting the following: ``(A) means a `low-income community' within the meaning of section 45D(e) of the Internal Revenue Code of 1986 (relating to the new markets tax credit); and''; and (C) in subparagraph (B), in the matter preceding clause (i), by inserting ``includes'' before ``any area''. (b) Application of Amended Definition to Capital Requirement.--The definition of the term ``low-income geographic area'' under section 351 of the Small Business Investment Act of 1958, as amended by subsection (a), shall apply to capital raised by a New Markets Venture Capital company before, on, or after the date of enactment of this Act. SEC. 204. APPLICATIONS FOR NEW MARKETS VENTURE CAPITAL PROGRAM. Not later than 1 year after the date of enactment of this Act, the Administrator shall prescribe standard documents for an application by a New Markets Venture Capital company for final approval under section 354(e) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(e)). The Administrator shall ensure that such documents are designed to substantially reduce the cost of the application process for a company making such an application. SEC. 205. OPERATIONAL ASSISTANCE GRANTS. (a) In General.--Section 358(a)(4)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 689g(a)(4)(A)) is amended to read as follows: ``(A) New markets venture capital companies.-- Notwithstanding section 354(d), the amount of a grant made under this subsection to a New Markets Venture Capital company shall be equal to the lesser of-- ``(i) 10 percent of the private capital raised by the company; or ``(ii) $1,000,000.''. (b) Requirements To Be Met for Final Approval.--Section 354(d) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(d)) is amended to read as follows: ``(d) Requirements To Be Met for Final Approval.--Not later than 2 years after the date on which a company is conditionally approved by the Administrator under subsection (c)(1), the company shall raise not less than $5,000,000 of private capital, or binding capital commitments, from 1 or more investors that-- ``(1) are not agencies or departments of the Federal Government; and ``(2) meet criteria established by the Administrator.''. (c) Technical and Conforming Amendments.--Section 358(a)(4) of the Small Business Investment Act of 1958 (15 U.S.C. 689g(a)(4)) is amended by striking ``section 354(d)(2)'' each place it appears and inserting ``section 354(d)''. SEC. 206. AUTHORIZATION. Section 368(a) of the Small Business Investment Act of 1958 (15 U.S.C. 689q(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``fiscal years 2001 through 2006'' and inserting ``fiscal years 2010 through 2013''; and (2) in paragraph (2), by striking ``$30,000,000'' and inserting ``$20,000,000''.

Small Business Venture Capital Act of 2009 - Amends the Small Business Act to reauthorize for FY2010-FY2013 the venture capital program under the Small Business Investment Act of 1958 (a program under which small business investment companies (SBICs) provide capital financing to small businesses). Increases the maximum amounts of outstanding leverage made available to SBICs that invest in women-owned or minority businesses. Allows SBICs who were licensed as participating securities SBICs prior to October 1, 2004, to obtain leverage based on Small Business Administration (SBA)-approved commitments rather than paid-in capital. Increases from 20% to 30% of total available private capital the maximum authorized SBIC investment in a single business (absent specific SBA approval). Requires the SBA Administrator, in selecting investment companies to participate in the New Markets Venture Capital program (NMVC program) (investment in small businesses in low-income areas), to select at least one company from each SBA geographic region. Requires the Administrator to have as a goal to enter into at least one NMVC program agreement with a company engaged primarily in the development of and investment in small manufacturers. Establishes in the Investment Division of the SBA the Office of New Markets Venture Capital. Modifies the definition of low-income geographic area to reflect the new markets tax credit under the Internal Revenue Code. Requires the Administrator to prescribe standard documents for an application for final approval of a company under the NMVC program. Allows NMVC companies to receive operational assistance grants. Requires the Administrator to grant each conditionally-approved NMVC company up to two years to raise the $5 million in private capital required for participation. Reauthorizes the NMVC program for FY2010-FY2013. Reduces the authorization for operational assistance grants.

A bill to amend the Small Business Investment Act of 1958 to reauthorize the venture capital program, and for other purposes.

TITLE I--LEIF ERICSON MILLENNIUM COMMEMORATIVE COIN SEC. 101. SHORT TITLE. This title may be cited as the ``Leif Ericson Millennium Commemorative Coin Act''. SEC. 102. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In conjunction with the simultaneous minting and issuance of commemorative coins by the Republic of Iceland in commemoration of the millennium of the discovery of the New World by Leif Ericson, the Secretary of the Treasury (hereafter in this title referred to as the ``Secretary'') shall mint and issue not more than 500,000 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 title shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this title shall be considered to be numismatic items. SEC. 103. SOURCES OF BULLION. The Secretary may obtain silver for minting coins under this title from any available source, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 104. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this title shall be emblematic of the millennium of the discovery of the New World by Leif Ericson. (2) Designation and inscriptions.--On each coin minted under this title there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2000''; 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 title shall be-- (1) selected by the Secretary after consultation with the Leifur Eiriksson Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 105. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this title shall 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 quality of the coins minted under this title. (c) Commencement of Issuance.--The Secretary may issue coins minted under this title beginning January 1, 2000. (d) Termination of Minting Authority.--No coins may be minted under this title after December 31, 2000. SEC. 106. SURCHARGES. (a) In General.--All sales of coins minted under this title shall include a surcharge of $10 per coin. (b) Distribution.--All surcharges received by the Secretary from the sale of coins issued under this title shall be promptly paid by the Secretary to the Leifur Eiriksson Foundation for the purpose of funding student exchanges between students of the United States and students of Iceland. (c) Audits.--The Leifur Eiriksson Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation under subsection (b). SEC. 107. 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 title. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this title from complying with any law relating to equal employment opportunity. TITLE II--CAPITOL VISITOR CENTER COMMEMORATIVE COIN SEC. 201. SHORT TITLE. This title may be cited as the ``United States Capitol Visitor Center Commemorative Coin Act of 1999''. SEC. 202. FINDINGS. Congress finds that-- (1) Congress moved to Washington, District of Columbia, and first convened in the Capitol building in the year 1800; (2) the Capitol building is now the greatest visible symbol of representative democracy in the world; (3) the Capitol building has approximately 5,000,000 visitors annually and suffers from a lack of facilities necessary to properly serve them; (4) the Capitol building and persons within the Capitol have been provided with excellent security through the dedication and sacrifice of the United States Capitol Police; (5) Congress has appropriated $100,000,000, to be supplemented with private funds, to construct a Capitol Visitor Center to provide continued high security for the Capitol and enhance the educational experience of visitors to the Capitol; (6) Congress would like to offer the opportunity for all persons to voluntarily participate in raising funds for the Capitol Visitor Center; and (7) it is appropriate to authorize coins commemorating the first convening of the Congress in the Capitol building with proceeds from the sale of the coins, less expenses, being deposited for the United States Capitol Preservation Commission with the specific purpose of aiding in the construction, maintenance, and preservation of a Capitol Visitor Center. SEC. 203. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this title referred to as the ``Secretary'') shall mint and issue the following coins under this title: (1) Bimetallic coins.--Not more than 200,000 $10 bimetallic coins of gold and platinum, in accordance with such specifications as the Secretary determines to be appropriate. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar.--Not more than 750,000 half dollar clad coins, each of which-- (A) shall weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) $5 Gold Coins.--If the Secretary determines that the minting and issuance of bimetallic coins under subsection (a)(1) is not feasible, the Secretary may mint and issue instead not more than 100,000 $5 coins, which shall-- (1) weigh 8.359 grams; (2) have a diameter of 0.850 inches; and (3) contain 90 percent gold and 10 percent alloy. (c) Legal Tender.--The coins minted under this title shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 204. SOURCES OF BULLION. (a) Platinum and Gold.--The Secretary shall obtain platinum and gold for minting coins under this title from available sources. (b) Silver.--The Secretary may obtain silver for minting coins under this title from stockpiles established under the Strategic and Critical Materials Stock Piling Act, and from other available sources. SEC. 205. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this title shall be emblematic of the first meeting of the United States Congress in the United States Capitol Building. (2) Designation and inscriptions.--On each coin minted under this title, 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 title shall be-- (1) selected by the Secretary, after consultation with the United States Capitol Preservation Commission (in this title referred to as the ``Commission'') and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 206. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this title shall 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 of the coins minted under this title. (c) First Use of Year 2001 Date.--The coins minted under this title shall be the first commemorative coins of the United States to be issued bearing the inscription of the year ``2001''. (d) Promotion Consultation.--The Secretary shall-- (1) consult with the Commission in order to establish a role for the Commission or an entity designated by the Commission in the promotion, advertising, and marketing of the coins minted under this title; and (2) if the Secretary determines that such action would be beneficial to the sale of coins minted under this title, enter into a contract with the Commission or an entity referred to in paragraph (1) to carry out the role established under paragraph (1). SEC. 207. SALE OF COINS. (a) Sale Price.--The coins minted under this title 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 title at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this title 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 under this title shall include a surcharge established by the Secretary, in an amount equal to not more than-- (1) $50 per coin for the $10 coin or $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $3 per coin for the half dollar coin. SEC. 208. DISTRIBUTION OF SURCHARGES. All surcharges received by the Secretary from the sale of coins minted under this title shall be deposited in the Capitol Preservation Fund in accordance with section 5134(f) of title 31, United States Code, and shall be made available to the Commission for the purpose of aiding in the construction, maintenance, and preservation of a Capitol Visitor Center. TITLE III--LEWIS AND CLARK EXPEDITION COMMEMORATIVE COIN SEC. 301. SHORT TITLE. This title may be cited as the ``Lewis and Clark Expedition Bicentennial Commemorative Coin Act''. SEC. 302. FINDINGS. The Congress finds that-- (1) the expedition commanded by Meriwether Lewis and William Clark, which came to be called ``The Corps of Discovery'', was one of the most remarkable and productive scientific and military exploring expeditions in all American history; (2) President Thomas Jefferson gave Lewis and Clark the mission to ``explore the Missouri River & such principal stream of it, as, by its course and communication with the waters of the Pacific Ocean, whether the Columbia, Oregon, Colorado, or any other river may offer the most direct and practical water communication across this continent for the purposes of commerce''; (3) the Expedition, in response to President Jefferson's directive, greatly advanced our geographical knowledge of the continent and prepared the way for the extension of the American fur trade with American Indian tribes throughout the land; (4) President Jefferson directed the explorers to take note of and carefully record the natural resources of the newly acquired territory known as Louisiana, as well as diligently report on the native inhabitants of the land; (5) the Expedition departed St. Louis, Missouri on May 14, 1804; (6) the Expedition held its first meeting with American Indians at Council Bluff near present-day Fort Calhoun, Nebraska, in August 1804, spent its first winter at Fort Mandan, North Dakota, crossed the Rocky Mountains by the mouth of the Columbia River in mid- November of that year, and wintered at Fort Clatsop, near the present-day city of Astoria, Oregon; (7) the Expedition returned to St. Louis, Missouri, on September 23, 1806, after a 28-month journey covering 8,000 miles during which it traversed 11 future States: Illinois, Missouri, Kansas, Nebraska, Iowa, North Dakota, South Dakota, Montana, Idaho, Washington, and Oregon; (8) accounts from the journals of Lewis and Clark and the detailed maps that were prepared by the Expedition enhance knowledge of the western continent and routes for commerce; (9) the Expedition significantly enhanced amicable relationships between the United States and the autonomous American Indian nations, and the friendship and respect fostered between American Indian tribes and the Expedition represents the bestof diplomacy and relationships between divergent nations and cultures; and (10) the Lewis and Clark Expedition has been called the most perfect expedition of its kind in the history of the world and paved the way for the United States to become a great world power. SEC. 303. COIN SPECIFICATIONS. (a) Denomination.--In commemoration of the bicentennial of the Lewis and Clark Expedition, the Secretary of the Treasury (hereafter in this title 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 title shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this title shall be considered to be numismatic items. SEC. 304. SOURCES OF BULLION. The Secretary may obtain silver for minting coins under this title from any available source, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 305. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this title shall be emblematic of the expedition of Lewis and Clark. (2) Designation and inscriptions.--On each coin minted under this title there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2004'' and the years ``1804-1806''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Obverse of coin.--The obverse of each coin minted under this title shall bear the likeness of Meriwether Lewis and William Clark. (4) General design.--In designing this coin, the Secretary shall also consider incorporating appropriate elements from the Jefferson Peace and Friendship Medal which Lewis and Clark presented to the Chiefs of the various Indian tribes they encountered and shall consider recognizing Native American culture. (b) Selection.--The design for the coins minted under this title shall be selected by the Secretary after consultation with the Commission of Fine Arts and shall be reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 306. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this title shall 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 quality of the coins minted under this title. (c) Period for Issuance.--The Secretary may issue coins minted under this title only during the period beginning on January 1, 2004, and ending on December 31, 2004. SEC. 307. SALE OF COINS. (a) Sale Price.--The coins issued under this title 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 title at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this title 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 title shall include a surcharge of $10 per coin. SEC. 308. 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 title shall be promptly paid by the Secretary as follows: (1) National lewis and clark bicentennial council.--Two-thirds to the National Lewis and Clark Bicentennial Council, for activities associated with commemorating the bicentennial of the Lewis and Clark Expedition. (2) National park service.--One-third to the National Park Service for activities associated with commemorating the bicentennial of the Lewis and Clark Expedition. (b) Audits.--Each organization that receives any payment from the Secretary under this section shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code. SEC. 309. 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 title will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this title 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. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Mandates that all coin surcharges be paid to the Leifur Eiriksson Foundation for the purpose of funding student exchanges between the United States and Iceland. Title II: Capitol Visitor Center Commemorative Coin - United States Capitol Visitor Center Commemorative Coin Act of 1999 - Directs the Secretary of the Treasury to issue ten-dollar bimetallic coins, one-dollar silver coins, half-dollar clad coins, and if the Secretary determines that the minting and issuance of bimetallic coins is not feasible, five-dollar gold coins emblematic of the first meeting of the United States Congress in the U.S. Capitol Building. Mandates that all surcharges received from the coin sales be deposited in the Capitol Preservation Fund and made available to the U.S. Capitol Preservation Commission to aid in the construction, maintenance, and preservation of a Capitol Visitor Center. Title III: Lewis and Clark Expedition Commemorative Coin - Lewis and Clark Expedition Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar coins emblematic of the expedition of Lewis and Clark. Allocates surcharges from coin sales between the National Lewis and Clark Bicentennial Council and the National Park Service for activities associated with the bicentennial commemoration of the expedition.

To require the Secretary of the Treasury to mint coins in conjunction with the minting of coins by the Republic of Iceland in commemoration of the millennium of the discovery of the New World by Lief Ericson.

SECTION 1. DEFINITIONS. For the purpose of this Act-- (1) the term ``individual serving in the legislative branch'' means any individual under section 2106 or 2107 of title 5, United States Code; and (2) the term ``appropriate administrative authority'' means, with respect to any individual serving in the legislative branch whose pay is disbursed-- (A) by the Clerk of the House of Representatives, the Director of Non-legislative and Financial Services; (B) by the Secretary of the Senate, the Secretary of the Senate; and (C) other than as described in subparagraph (A) or (B), such individual's appointing authority. SEC. 2. DEPENDENT CARE ASSISTANCE PROGRAMS. (a) Establishment.--In order that dependent care assistance benefits be made available to individuals serving in the legislative branch, each of the appropriate administrative authorities shall establish (for those individuals who are within their respective jurisdictions, as described in section 1(2)), a program meeting the specifications set forth in subsection (b). (b) Specifications.--Each program established under this Act shall include provisions to ensure-- (1) that benefits under the program-- (A) meet the requirements for exclusion from gross income under section 129 of the Internal Revenue Code of 1986 (relating to dependent care assistance programs); and (B) are provided pursuant to salary reduction agreements meeting the requirements of section 125 of the Internal Revenue Code of 1986 (relating to cafeteria plans) for exclusion from gross income; and (2) that-- (A) a period of not less than 8 weeks shall be afforded before the start of each calendar year to permit-- (i) any individual participating in the program to elect to change the individual's salary reduction amount, or to cease participating in the program; and (ii) any eligible individual who is not participating in the program to elect to begin or resume participation, as the case may be; and (B) in addition to any opportunity afforded under subparagraph (A)(i), an individual participating in the program may, under conditions prescribed by the appropriate adminstrative authority, elect to change the individual's salary reduction amount, or to cease participating in the program, upon filing written application within 60 days after a change in family or employment status, or the occurrence of any event causing a change of 50 percent or more in estimated dependent care costs for the year. (c) Eligibility.--A determination as to an individual's eligibility to participate in a program under this Act may not take into account the individual's age or length of previous service, or whether the individual is serving on a part-time, temporary, intermittent, or other similar basis. (d) Reductions in Pay.--Any payment of basic pay reduced by an amount determined pursuant to a salary reduction agreement under this Act is a full and complete discharge and acquittance of all claims and demands for regular services during the period covered by the payment, except the right to receive benefits pursuant to this Act. SEC. 3. INFORMATION REQUIRED TO BE MAINTAINED. Each of the appropriate administrative authorities shall maintain, on an annual basis, information relating to-- (1) the number of individuals who participated in the program established by such authority (in the aggregate and by salary ranges) during the preceding year; (2) the average salary reduction elected (as an overall figure and by salary ranges) under the program during the preceding year; (3) whether the total amount of salary reductions under the program during the preceding year exceeded the total value of benefits provided under such program during such year and, if so, the amount of the excess; and (4) any other aspect of the program's operation during the preceding year which the administrative authority considers appropriate. Information under this section shall be kept available for at least 5 years following the end of the year with respect to which the information relates. SEC. 4. COMMENCEMENT. Each of the appropriate administrative authorities shall take such measures as may be necessary to ensure-- (1) that the first opportunity for any individual to elect to become a participant in the program established by such authority under this Act shall be afforded beginning with a period (as described in section 2(b)(2)(A)) commencing not less than 8 weeks before the program first commences (as described in paragraph (3)); (2) that eligible individuals are given advance notice as to-- (A) the benefits to become available pursuant to this Act; (B) the terms and conditions for receiving those benefits; and (C) the procedures for making an election during the period described in paragraph (1); and (3) that salary reductions are made and benefits provided (in accordance with applicable terms and conditions under the program) on and after the first day of the first calendar year beginning at least 180 days after the date of enactment of this Act.

Provides that dependent care assistance benefits be made available to individuals serving in the legislative branch of Government.

To provide that dependent care assistance benefits be made available to individuals serving in the legislative branch of the Government.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Jobs Act of 2011''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) One-third of minority youth are unemployed. (2) The labor force participation rate for persons without a high school diploma is 20 percentage points lower than the labor force participation rate for high school graduates. (3) Nationally, approximately 70 percent of all students graduate from high school, but African-American and Hispanic students have a 55 percent or lower chance of graduating from high school. (4) High school dropouts from the class of 2004 will cost the Nation more than $325,000,000,000 in lost wages, taxes, and productivity over their lifetimes. (5) Only 52 percent of students in the 50 largest cities in the United States graduate from high school. That rate is below the national high school graduation rate of 70 percent, and also falls short of the average high school graduation rate of 60 percent for urban districts across the Nation. (6) Over a lifetime, a high school dropout earns, on average, about $260,000 less than a high school graduate, and about $1,000,000 less than a college graduate. (7) Approximately 75 percent of State prison inmates and 59 percent of Federal prison inmates have not completed high school. Increasing the high school completion rate by 1 percent for all men ages 20 to 60 would save the United States $1,400,000,000 annually in reduced costs associated with crime. (8) According to a recent study, a 10-percent increase in the male high school graduation rate would reduce arrest rates for murder and assault by about 20 percent, motor vehicle theft by 13 percent, and arson by 8 percent. (b) Purpose.--It is the purpose of this Act to provide adequate resources for national nonprofit organizations to prevent and reduce the disproportionate incarceration of eligible youth, especially minority youth, and to prepare eligible youth for entry into employment, or education leading to employment, that places participants on a path to economic self-sufficiency and provides opportunities for advancement, by providing a comprehensive set of services that includes job training, education, and support services. SEC. 3. URBAN JOBS PROGRAMS. (a) In General.--Subtitle D of title I of the Workforce Investment Act of 1998 is amended by inserting after section 173A (29 U.S.C. 2918a) the following: ``SEC. 173B. URBAN JOBS PROGRAMS. ``(a) Purpose.--The purpose of this section is to provide, through competitive grants, needed resources for the following objectives: ``(1) To establish a feeder system for youth ages 18 through 24, who are out-of-school youth or are or have been subject to the criminal justice process, in urban communities, into employment, or education leading to employment, through national intermediaries that have demonstrated effectiveness in conducting outreach to, and serving, eligible youth through a national network of community-based affiliates. ``(2) To provide a holistic approach for preparing eligible youth in urban communities for entry into employment, or education leading to employment, through a comprehensive set of services. ``(3) To prevent and reduce the disproportionate incarceration of eligible youth in urban communities, including minority youth. ``(b) Definitions.--In this section: ``(1) Community-based affiliate.--The term `community-based affiliate' means a community-based organization that is an affiliate of a national intermediary. ``(2) Eligible youth.--The term `eligible youth' means individuals ages 18 through 24 who-- ``(A) are not enrolled in secondary or post- secondary school; or ``(B) are or have been subject to any stage of the criminal justice process. ``(3) National intermediary.--The term `national intermediary' means a national private nonprofit community- based organization that-- ``(A) has an affiliate network comprised of community-based organizations in at least 50 or more urban communities; ``(B) has demonstrated expertise and effectiveness in conducting outreach to eligible youth and providing workforce investment activities to such youth; and ``(C) has operated in 25 States continuously for more than 20 years. ``(4) Recidivism.--The term `recidivism' means a tendency to return to criminal behavior. ``(5) Unsubsidized job.--The term `unsubsidized job' means an employment position with an employer-- ``(A) that pays the wages for the position; and ``(B) that does not receive public funds for the creation and maintenance of the employment position. ``(6) Urban jobs program.--The term `Urban Jobs Program' means an Urban Jobs Program funded under subsection (c). ``(c) Urban Jobs Program Grants.-- ``(1) Grants.--The Secretary is authorized to make grants, on a competitive basis, to national intermediaries for the purpose of carrying out Urban Jobs Programs that provide a comprehensive set of services to eligible youth in urban communities to provide such youth with a pathway to employment, or education leading to employment. ``(2) Application.-- ``(A) Form and procedure.--To be eligible to receive a grant under this subsection, a national intermediary shall submit an application at such time, in such manner, and accompanied by such information as the Secretary may require. ``(B) Minimum requirements.--The Secretary shall require that the application contain, at a minimum-- ``(i) a request for the grant, specifying the amount of the grant requested and proposed uses of the grant funds; ``(ii) a description of how the national intermediary will meet, for participants in the Urban Jobs Program, goals consisting of-- ``(I) increased long-term employment in unsubsidized jobs; ``(II) reduced recidivism; ``(III) increased attainment of the recognized equivalent of a high school diploma; ``(IV) improved literacy and numeracy; and ``(V) increased attainment of industry-recognized certificates or credentials, or preparation for entry into an institution of higher education without need for further remediation; ``(iii) a description of underlying supports for the program, including-- ``(I) engaged community partners; ``(II) staff expertise in youth development; and ``(III) demonstrated understanding of youth characteristics; ``(iv) a description of how the program will enable program participants to achieve outcomes consisting of-- ``(I) creation of caring relationships with peers and staff; ``(II) creation of goals (such as the attainment described in clause (ii)(III), attainment of employment, admission to or completion of a degree at an institution of higher education, attainment of industry-recognized certificates or credentials, or preparation for entry into an institution of higher education without need for further remediation); ``(III) participation in opportunities to contribute to the community through service or volunteerism; ``(IV) development of 21st century workplace skills, including critical thinking and collaboration; ``(V) development of a sense of responsibility for one's future; ``(VI) development of plans or strategies to meet one's goals; ``(VII) reduction of risk-taking behaviors; ``(VIII) achievement of improved educational outcomes (such as numeracy, literacy, or the attainment described in clause (ii)(II)); ``(IX) achievement of improved employment outcomes; and ``(X) reduction of recidivism; and ``(v) a description of activities to be provided through the Urban Jobs Program that lead to the attainment of industry-recognized certificates or credentials described in paragraph (3). ``(3) Eligible activities.--A national intermediary that receives a grant under this subsection shall use the funds made available through the grant to carry out an Urban Jobs Program, which shall include the following comprehensive set of services: ``(A) Case management, through an individual responsible for helping participants navigate the Urban Jobs Program activities. ``(B) Educational services, including skill assessment, reading and math remediation, educational enrichment, services involving preparation for and opportunities for attainment of the recognized equivalent of a high school diploma, services that connect to career pathways such as opportunities for attainment of industry-recognized certificates or credentials or for preparation for entry into an institution of higher education without the need for further remediation, and postsecondary education. ``(C) Employment and job readiness activities, including mentoring, community service opportunities, internships, on-the-job training, occupational skills training, personal development, and unsubsidized jobs. ``(D) Support services, health and nutrition service referral, substance abuse counseling and treatment, and provision of housing assistance, interpersonal and basic living skills, and transportation, child care, clothing, and other assistance as needed. ``(4) Limitation.--Not more than 2 percent of the funds appropriated for any fiscal year under section 174(d) may be used for expenses associated with carrying out this subsection. ``(d) Reports.-- ``(1) In general.--Not later than August 1 following each program year for which amounts are made available to carry out this section, the Secretary of Labor shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that details the progress made under this section in establishing Urban Jobs Programs through national intermediaries. ``(2) Inapplicability of section 172.--The program shall not be subject to evaluations required under section 172. ``(e) National Jobs Council Advisory Committee.-- ``(1) Establishment.--The Secretary of Labor shall establish a committee to be known as the National Jobs Council Advisory Committee (referred to in this subsection as the `Committee'). ``(2) Membership.--The Committee shall be comprised of 11 members, appointed by the Secretary, consisting of-- ``(A) 3 individuals from the private sector, who are senior human resources or diversity employees with national or regional responsibilities, and who have experience in oversight that includes hiring, employee training, or overseeing employee relations; ``(B) 5 representatives of employers in high- impact, high-growth industries, as defined by the Secretary; ``(C) 1 national intermediary staff member; and ``(D) 2 representatives from the Department of Labor. ``(3) Period of appointment; vacancies.--Members shall be appointed for the life of the Committee. Any vacancy in the Committee shall not affect the powers of the Committee, but shall be filled in the same manner as the original appointment was made. ``(4) Duties.-- ``(A) Analysis.--The Committee shall analyze, and prepare recommendations for the Secretary concerning-- ``(i) the design and operation of the program carried out under this section; ``(ii) long-term strategic priorities for the program; and ``(iii) the formulation and application of guidelines related to activities carried out under the program. ``(B) Reports.--The Committee shall prepare and submit to the Secretary periodic reports containing the recommendations described in subparagraph (A). ``(5) Personnel.-- ``(A) Travel expenses.--The members of the Committee shall not receive compensation for the performance of services for the Committee, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Committee. ``(B) Detail of government employees.--Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. ``(6) Permanent committee.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. ``(f) Sense of Congress Regarding Local Advisory Committees.--It is the sense of Congress that-- ``(1) a community-based affiliate receiving funding under this section should establish a local jobs council advisory committee to aid in establishing support from the local community for and guiding the local implementation of the program; and ``(2) not less than \1/3\ of the members the committee should be employers in high-impact, high-growth industries in the locality.''. (b) Funding.--Section 174 of the Workforce Investment Act of 1998 (29 U.S.C. 2919) is amended by adding at the end the following: ``(d) Urban Jobs Programs.--There is authorized to be appropriated to carry out section 173B-- ``(1) $20,000,000 for fiscal year 2012; ``(2) $30,000,000 for fiscal year 2013; ``(3) $40,000,000 for fiscal year 2014; ``(4) $50,000,000 for fiscal year 2015; and ``(5) $60,000,000 for fiscal year 2016.''. (c) Conforming Amendment.--The table of contents in section 1(b) of the Workforce Investment Act of 1998 is amended-- (1) by inserting a period at the end of the item relating to section 173A; and (2) by inserting after the item relating to section 173A the following: ``Sec. 173B. Urban jobs programs.''.

Urban Jobs Act of 2011 - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to make competitive grants to national private nonprofit community-based organizations to carry out Urban Jobs Programs to provide job training, education, and support services and activities for eligible urban youth to provide them with a pathway to employment, or education leading to employment. Defines "eligible youth" as individuals ages 18 to 24 who: (1) are not enrolled in secondary or post-secondary school, or (2) are or have been subject to the criminal justice process. Directs the Secretary to establish a National Jobs Council Advisory Committee. Expresses the sense of Congress that: (1) community-based affiliates should establish local jobs council advisory committees to aid in establishing local community support for local implementation of the program; and (2) at least one-third of the members of the committee should be employers in high-impact, high-growth industries in the locality.

A bill to amend the Workforce Investment Act of 1998 to authorize the Secretary of Labor to provide grants for Urban Jobs Programs, and for other purposes.

SECTION 1. JUDICIAL REVIEW. (a) Amendment.--Section 611 of title 5, United States Code, is amended to read as follows: ``Sec. 611. Judicial review ``(a)(1) Except as provided in paragraph (2), not later than 180 days after the effective date of a final rule with respect to which an agency-- ``(A) certified, pursuant to section 605(b) of this title, that such rule would not have a significant economic impact on a substantial number of small entities; or ``(B) prepared a final regulatory flexibility analysis pursuant to section 604 of this title, an affected small entity may petition for the judicial review of such certification or analysis in accordance with the terms of this subsection. A court having jurisdiction to review such rule for compliance with the provisions of section 553 or under any other provision of law shall have jurisdiction to review such certification or analysis. ``(2)(A) Except as provided in subparagraph (B), in the case where a provision of law requires that an action challenging a final agency regulation be commenced before the expiration of the 180 day period provided in paragraph (1), such lesser period shall apply to a petition for the judicial review under this subsection. ``(B) In the case where an agency delays the issuance of a final regulatory flexibility analysis pursuant to section 608(b) of this title, a petition for judicial review under this subsection shall be filed not later than-- ``(i) 180 days; or ``(ii) in the case where a provision of law requires that an action challenging a final agency regulation be commenced before the expiration of the 180 day period provided in paragraph (1), the number of days specified in such provision of law, after the date the analysis is made available to the public. ``(3) For purposes of this subsection, the term `affected small entity' means a small entity that is or will be adversely affected by the final rule. ``(4) Nothing in this subsection shall be construed to affect the authority of any court to stay the effective date of any rule or provision thereof under any other provision of law. ``(5)(A) In the case where the agency certified that such rule would not have a significant economic impact on a substantial number of small entities, the court may order the agency to prepare a final regulatory flexibility analysis pursuant to section 604 if the court determines, on the basis of the rulemaking record, that the certification was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. ``(B) In the case where the agency prepared a final regulatory flexibility analysis, the court may order the agency to take corrective action consistent with the requirements of section 604 if the court determines, on the basis of the rulemaking record, that the final regulatory flexibility analysis was prepared by the agency without observance of procedure required by section 604 of this title. ``(6) If, by the end of the 90-day period beginning on the date of the order of the court pursuant to paragraph (5) (or such longer period as the court may provide), the agency fails, as appropriate-- ``(A) to prepare the analysis required by section 604 of this title; or ``(B) to take corrective action consistent with the requirements of section 604 of this title, the court may stay the rule or grant such other relief as it deems appropriate. ``(7) In making any determination or granting any relief authorized by this subsection, the court shall take due account of the rule of prejudicial error. ``(b) In an action for the judicial review of a rule, any regulatory flexibility analysis for such rule (including an analysis prepared or corrected pursuant to subsection (a)(5)) shall constitute part of the whole record of agency action in connection with such review. ``(c) Nothing in this section bars judicial review of any other impact statement or similar analysis required by any other law if judicial review of such statement or analysis is otherwise provided by law.''. (b) Effective Date.--The amendment made by subsection (a) shall apply only to final agency rules issued after the date of enactment of this Act. SEC. 2. RULES COMMENTED ON BY SBA CHIEF COUNSEL FOR ADVOCACY. (a) In General.--Section 612 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(d) Action by SBA Chief Counsel for Advocacy.-- ``(1) Transmittal of proposed rules and initial regulatory flexibility analysis to sba chief counsel for advocacy.--On or before the 30th day preceding the date of publication by an agency of general notice of proposed rulemaking for a rule, the agency shall transmit to the Chief Counsel for Advocacy of the Small Business Administration-- ``(A) a copy of the proposed rule; and ``(B)(i) a copy of the initial regulatory flexibility analysis for the rule if required under section 603; or ``(ii) a determination by the agency that an initial regulatory flexibility analysis is not required for the proposed rule under section 603 and an explanation for the determination. ``(2) Statement of effect.--On or before the 15th day following receipt of a proposed rule and initial regulatory flexibility analysis from an agency under paragraph (1), the Chief Counsel for Advocacy may transmit to the agency a written statement of the effect of the proposed rule on small entities. ``(3) Response.--If the Chief Counsel for Advocacy transmits to an agency a statement of effect of a proposed rule in accordance with paragraph (2), the agency shall publish the statement, together with the response of the agency to the statement, in the Federal Register at the time of publication of general notice of proposed rulemaking for the rule.''. (b) Conforming Amendment.--Section 603(a) of title 5, United States Code, is amended by inserting ``in accordance with section 612(d)'' before the period at the end of the last sentence. SEC. 3. SENSE OF CONGRESS REGARDING SBA CHIEF COUNSEL FOR ADVOCACY. It is the sense of Congress that the Chief Counsel for Advocacy of the Small Business Administration should be permitted to appear as amicus curiae in any action or case brought in a court of the United States for the purpose of reviewing a rule.

Amends Federal civil service law to revise Federal provisions regarding judicial review of regulatory flexibility analyses. (Sec. 1) Authorizes an affected small entity to petition for judicial review within 180 days after the effective date of a final rule which an agency certified would not have a significant economic impact on a substantial number of small entities or for which an agency prepared a final regulatory flexibility analysis. Specifies that, where a provision of law requires that an action challenging a final agency regulation be commenced before the expiration of such 180 day period, such lesser period shall apply to a petition for judicial review. Requires that, where an agency delays the issuance of a final regulatory flexibility analysis, a petition for judicial review shall be filed not later than: (1) 180 days after the analysis is made available to the public; or (2) a lesser number of days specified by a provision of law that requires that an action challenging a final agency regulation be commenced before the expiration of such 180 day period. Authorizes the court, where the agency: (1) certified that such rule would not have a significant economic impact on a substantial number of small entities, to order the agency to prepare a final regulatory flexibility analysis if the court determines that the certification was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; and (2) prepared a final regulatory flexibility analysis, to order the agency to take corrective action if the court determines that the analysis was prepared without observance of proper procedure. Authorizes the court to stay the rule or grant such other relief as appropriate, if by 90 days after the court order (or such longer period as the court may provide) the agency fails to prepare the required analysis or to take corrective action. (Sec. 2) Sets forth guidelines governing agency transmittal of proposed rules and initial regulatory flexibility analyses to the Chief Counsel for Advocacy of the Small Business Administration (SBA). Authorizes such official to transmit to the agency a statement of the effect of the proposed rule on small entities. Requires publication of such statement and the agency's response in the Federal Register. Exempts from this required review by the SBA Chief Counsel for Advocacy any proposed rules issued by an appropriate Federal banking agency, the National Credit Union Administration, or the Office of Federal Housing Enterprise Oversight to: (1) implement monetary policy; (2) ensure the safety and soundness of federally insured depository institutions (or affiliates), credit unions, or government sponsored housing enterprises; or (3) protect the Federal deposit insurance funds. (Sec. 3) Expresses the sense of the Congress that the SBA Chief Counsel for Advocacy should be permitted to appear as amicus curiae in any action or case brought in a U.S. court for the purpose of reviewing a rule.

To amend title 5, United States Code, to clarify procedures for judicial review of Federal agency compliance with regulatory flexibility analysis requirements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cuban Airport Security Act of 2017''. SEC. 2. FLIGHTS BETWEEN THE UNITED STATES AND CUBA. (a) In General.--The Administrator of the Transportation Security Administration shall brief the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Comptroller General of the United States on the following aspects of security measures at each of Cuba's 10 international airports: (1) Details about the type of equipment used at screening checkpoints and an analysis of such equipment's capabilities and weaknesses. (2) Information about each such airport's canine program, if used. (3) The frequency of training for screening and security personnel. (4) Access controls in place to ensure only credentialed personnel have access to the secure and sterile areas of such airports. (5) An assessment of the ability of known or suspected terrorists to use Cuba as a gateway to entering the United States. (6) Security of such airports' perimeters. (7) A mitigation assessment regarding Man Portable Air Defense Systems. (8) The vetting practices and procedures for airport employees. (9) Any other information determined relevant to the security practices, procedures, and equipment in place at such airports. (b) Public Disclosure of Certain Agreements.-- (1) Disclosure required.--No United States air carrier that has entered into a covered agreement may employ a Cuban national pursuant to 31 CFR 515.573 after the date that is 30 days after the date of the enactment of this Act unless the air carrier has publicly disclosed the full text of the covered agreement. (2) Hiring and training requirements.--Notwithstanding any other provision of law or regulation, to the extent practicable, Cuban nationals referred to in paragraph (1) shall not have been recruited, hired, or trained by entities that are owned, operated, or controlled, in whole or in part, by Cuba's Council of State, Council of Ministers, Communist Party, Ministry of the Revolutionary Armed Forces, Ministry of Foreign Affairs, or Ministry of the Interior. (3) Covered agreement.--In this subsection, the term ``covered agreement'' means a formal agreement between a United States air carrier with passenger air service between any location in Cuba and any location in the United States and the Empresa Cubana de Aeropuertos y Servicios Aeronauticos or any other entity associated with the Government of Cuba. SEC. 3. FEDERAL AIR MARSHAL SERVICE AGREEMENTS. (a) Standardization.--Not later than 60 days after the date of the enactment of the Act, the Administrator of the Transportation Security Administration shall develop a standard working document to serve as the basis for all negotiations and agreements that begin after such date between the United States and foreign governments or partners regarding Federal Air Marshal coverage of flights to and from the United States. (b) Written Agreements.--All agreements between the United States and foreign governments or partners regarding the presence of Federal Air Marshals on flights to and from the United States pursuant to subsection (a) shall be written and signed by the Secretary of Homeland Security or the Secretary's designee. (c) Congressional Notification.--The Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate any agreement entered into under this section within 30 days of such agreement being signed. SEC. 4. INTERNATIONAL CIVIL AVIATION ORGANIZATION. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the United States Ambassador or the Charge d'Affaires to the United States Mission to the International Civil Aviation Organization shall pursue improvements to airport security, including if practicable, introducing a resolution to raise minimum standards for airport security. (b) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the United States Ambassador or the Charge d'Affaires to the United States Mission to the International Civil Aviation Organization shall report to the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate on the implementation of subsection (a). Passed the House of Representatives October 23, 2017. Attest: KAREN L. HAAS, Clerk.

. Cuban Airport Security Act of 2017 This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) to brief Congress and the Government Accountability Office on specified aspects of security measures at each of Cuba's 10 international airports No U.S. air carrier that has entered into a covered agreement may employ a Cuban national beginning 30 days after enactment of this bill unless such carrier has publicly disclosed the full text of the agreement, and such nationals shall not have been recruited, hired, or trained by entities that are owned, operated, or controlled by Cuba's Council of State, Council of Ministers, Communist Party, Ministry of the Revolutionary Armed Forces, Ministry of Foreign Affairs, or Ministry of the Interior. A "covered agreement" means a formal agreement between a U.S. air carrier with passenger air service between any location in Cuba and any location in the United States and the Empresa Cubana de Aeropuertos y Servicios Aeronauticos or any other entity associated with the Cuban government. (Sec. 3) TSA shall develop a standard working document for all negotiations and agreements between the United States and foreign governments or partners regarding Federal Air Marshal coverage of flights to and from the United States. All such agreements shall be written and signed by the DHS Secretary. DHS shall notify Congress of any such agreement within 30 days of it being signed. (Sec. 4) The U.S. Ambassador or the Charge d'Affaires to the U.S. Mission to the International Civil Aviation Organization shall pursue improvements to airport security, including introducing a resolution to raise minimum airport security standards.

Cuban Airport Security Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Inclusive Home Design Act of 2002''. SEC. 2. DEFINITIONS. As used in this Act: (1) Covered dwelling unit.--The term ``covered dwelling unit'' means a dwelling unit that-- (A) is a detached single family house, a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures), or a ground- floor unit in a building of three or fewer dwelling units; (B) is designed as, or intended for occupancy as, a residence; (C) was designed, constructed, or commissioned, contracted or otherwise arranged for design or construction, by any person or entity who, at any time during the design or construction, received Federal financial assistance for any program or activity; and (D) is made available for first occupancy after the expiration of the one-year period beginning on the date of the enactment of this Act. (2) Environmental controls.--The term ``environmental controls'' means, for a dwelling unit, any switches or devices that control or regulate lights, temperature, fuses, fans, doors, security system features, or any other feature included in the new construction of the unit. (3) Federal financial assistance.--The term ``Federal financial assistance'' means any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development, the Secretary of Agriculture, or the Secretary of Veterans Affairs, or any program or activity or such agencies, through any grant, loan, contract, or any other arrangement, after the expiration of the one-year period beginning on the date of the enactment of this Act, including-- (A) grants, subsidies, or any other funds; (B) services of Federal personnel; (C) real or personal property or any interest in or use of such property, including-- (i) transfers or leases of the property for less than the fair market value or for reduced consideration; and (ii) proceeds from a subsequent transfer or lease of the property if the Federal share of its fair market value is not returned to the Federal Government; (D) any tax credit, mortgage or loan guarantee or insurance; and (E) community development funds in the form of obligations guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308). (4) Person or entity.--The term ``person or entity'' includes one or more individuals, corporations (including not- for-profit corporations), partnerships, associations, labor organizations, legal representatives, mutual corporations, joint-stock companies, trusts, unincorporated associations, trustees, trustees in cases under title 11 of the United States Code, receivers, and fiduciaries. SEC. 3. VISITABILITY REQUIREMENT. It shall be unlawful for any person referred to in section 2(2)(C) with respect to a covered dwelling unit to fail to ensure that such dwelling unit contains at least one level that complies with the following requirements: (1) Accessible entrance.-- (A) In general.--Except as provided in subparagraph (B), the level shall contain at least one entrance to the dwelling unit that-- (i) is accessible to, and usable by, people with disabilities; (ii) does not contain any steps or any rise that exceeds one-half inch; and (iii) is located on a continuous unobstructed path from the entrance of the building that contains or consists of the dwelling unit to the street, which path (I) can be negotiated by a person with a disability who uses a wheelchair, (II) is safe for and usable by people with other disabilities and people without disabilities, and (III) may include curb ramps, parking access aisles, walks, ramps and lifts. (B) Exception.--The provisions of subparagraph (A) shall not apply to a covered dwelling unit if such compliance with the requirements under such subparagraph would be severely impractical because of the terrain or unusual physical limitations of the site of the dwelling unit. (2) Accessible interior doors.--All doors that are designed to allow passage within the level shall have an unobstructed opening of at least 32 inches when the door is open at a 90- degree angle. (3) Accessible environmental controls.--All environmental controls located on the level shall be located-- (A) no higher than 48 inches and no lower than 15 inches on the wall; and (B) in the case of environmental controls located directly above a counter, sink, or appliance, no higher than three inches above such counter, sink, or appliance. (4) Accessible habitable space and bathroom.--The level shall contain-- (A) at least one indoor room that has an area of not less than 70 square feet and contains no side or dimension narrower than seven feet; and (B) at least one bathroom that contains, at a minimum, a toilet, sink, and walls that are reinforced to allow for the later installation of grab bars. SEC. 4. ENFORCEMENT. (a) Requirement for Federal Financial Assistance.--Each applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for such assistance that all of its programs and activities will be conducted in compliance with this Act. (b) Approval of Architectural and Construction Plans.-- (1) Submission.--Any applicant for or recipient of Federal financial assistance who designs, constructs, or commissions, contracts, or otherwise arranges for design or construction, of a covered dwelling unit shall submit architectural and construction plans for such unit to the State or local department or agency that is responsible, under applicable State or local law, for the review and approval of construction plans for compliance with generally applicable building codes or requirements (in this subsection referred to as the ``appropriate State or local agency''). (2) Determination of compliance.-- (A) Condition of federal housing assistance.--The Secretary of Housing and Urban Development may not provide any Federal financial assistance under any program administered by such Secretary to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency thereof is, in the determination of the Secretary, taking the enforcement actions under subparagraph (B). (B) Enforcement actions.--The enforcement actions under this subparagraph are-- (i) reviewing any plans for a covered dwelling unit submitted pursuant to paragraph (1) and approving or disapproving such plans based upon compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until such compliance is determined. (c) Civil Action for Private Persons.--Any person aggrieved by an act that is unlawful under this Act may commence a civil action in an appropriate United States District Court or State court no later than two years after the occurrence or termination of any alleged unlawful conduct under this Act. For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in conformity with the requirements of this Act shall not be considered to terminate until the violation is corrected. (d) Enforcement by Attorney General.--Whenever the Attorney General has reasonable cause to believe that any person or group of persons has violated this Act, the Attorney General may commence a civil action in any appropriate United States district court. The Attorney General may also, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief.--In any civil action brought under this section, if the court finds that a violation of this title has occurred or is about to occur, it may award to the plaintiff actual and punitive damages, and subject to subsection (g), may grant as relief, as the Court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). (f) Attorney's Fees.--In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (g) Effect on Certain Sales, Encumbrances, and Rentals.--Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this title. SEC. 5. REGULATIONS AND MINIMUM GUIDELINES. Not later than 1 year after the date of the enactment of this Act, the Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs shall issue any regulations necessary to carry out this Act. The Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792) shall establish and maintain minimum guidelines and requirements for the standards issued pursuant to this Act. The Code Requirements for Housing Accessibility established by the International Council Code may be used as the basis for such guidelines and requirements. SEC. 6. EFFECT ON STATE LAWS. Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid. SEC. 7. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS. Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution or any other Act of the Congress. SEC. 8. SEVERABILITY OF PROVISIONS. If any provision of this Act of the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated shall not be affected thereby.

Inclusive Home Design Act of 2002 - Requires new covered dwellings (certain residences designed, constructed, commissioned, or contracted with Federal financial assistance) to include at least one entrance that is accessible to, and usable by, people with disabilities. Exempts buildings from that and other entrance requirements on account of the terrain or due to unusual physical limitations. Makes further requirements of covered dwellings pertaining to: (1) accessible interior doors; (2) accessible environmental controls; and (3) accessible habitable space and an accessible bathroom.Requires each applicant for Federal financial assistance to submit to the relevant Federal agency an assurance that all of its programs and activities are in compliance with this Act. Requires each person who arranges for design or construction of a covered dwelling to submit architectural and construction plans to the relevant State or local department or agency for approval. Prohibits any Federal financial assistance from being disbursed to a State or local government unit unless the recipient is taking certain enforcement actions with regard to covered dwellings.Provides for civil actions in an appropriate United States District Court or State court for alleged misconduct under this Act. Permits the Attorney General to commence civil actions or intervene in civil actions under this Act.Directs the Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs to issue any regulations necessary to carry out this Act.Prohibits any State, political jurisdiction, or other such jurisdiction from requiring or permitting any action that would violate this Act.

To require all newly constructed, federally assisted single-family houses and town houses to meet minimum standards of visitability for persons with disabilities.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Universal Military Training and Service Act of 2001''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Definitions. Sec. 3. Basic military training and education. Sec. 4. Period of basic military training and education. Sec. 5. Educational services and prorated Montgomery GI Bill benefits. Sec. 6. Role of Selective Service System. Sec. 7. Induction of conscripts and acceptance of volunteers. Sec. 8. Deferments and postponements. Sec. 9. Exemptions. Sec. 10. Military training in branch of member's choice; conscientious objection. Sec. 11. Pay and allowances. Sec. 12. Discharge following training. Sec. 13. Relation to authorized end strengths for active forces. Sec. 14. Conforming amendments. Sec. 15. Transitional provision. SEC. 2. DEFINITIONS. In this Act: (1) The term ``armed forces'' means the Army, Navy, Marine Corps, Air Force, and Coast Guard. (2) The term ``basic military training and education'' means a program consisting of-- (A) basic training established by the Secretary concerned for members of the armed forces inducted as conscripts or accepted as volunteers pursuant this Act; (B) educational services described in section 4; and (C) such specialty training as the Secretary concerned considers appropriate. (3) The term ``between the ages of 18 and 22'' refers to men who have attained the 18th anniversary of the day of their birth and who have not attained the 22d anniversary of the day of their birth. (4) The term ``Director'' means the Director of the Selective Service System. (5) The term ``local board'' means a county local board or intercounty local board established by the President under section 10(b) of the Military Selective Service Act (50 U.S.C. App. 460(b)). (6) The term ``Secretary concerned'' means the Secretary of Defense, with respect to the Army, Navy, Marine Corps, and Air Force, and the Secretary of Transportation, with respect to the Coast Guard. (7) The term ``United States'', when used in a geographical sense, means the several States, the District of Columbia, Puerto Rico, the Virgin Islands, and Guam. SEC. 3. BASIC MILITARY TRAINING AND EDUCATION. (a) Obligation for Young Men.--It is the obligation of every male citizen of the United States, and every other male person residing in the United States, who is between the ages of 18 and 22 to receive basic military training and education as a member of the armed forces unless the citizen or person is exempted under the provisions of this Act. (b) Acceptance of Young Women Volunteers.--Female citizens of the United States, and other female persons residing in the United States, who are between the ages of 18 and 22 may volunteer for enlistment in the armed forces to receive basic military training and education under this Act. At the discretion of the Secretary concerned, the Secretary concerned may accept such volunteers to receive such training and education. SEC. 4. PERIOD OF BASIC MILITARY TRAINING AND EDUCATION. (a) General Rule.--Except as otherwise provided in this section, a person inducted as a conscript or accepted as a volunteer pursuant to this Act shall receive basic military training and education as a member of one of the armed forces for a period of not less than six months, but not more than one year, as established by the Secretary concerned. (b) Extended Training and Educational Services for High School Dropouts.--A person inducted as a conscript or accepted as a volunteer pursuant to this Act who has not obtained a high school diploma or its equivalent, shall receive basic military training and education as a member of one of the armed forces for an additional period of up to six months after the completion of the period established for members of that armed force under subsection (a). The Secretary concerned shall assist such members in earning the equivalent of a high school diploma while receiving their basic military training and education. (c) Other Grounds for Extension.--At the discretion of the Secretary concerned, the period of basic military training and education for a member of the armed forces under this Act may be extended-- (1) with the consent of the member, for the purpose of furnishing hospitalization, medical, or surgical care for injury or illness incurred in line of duty; or (2) for the purpose of requiring the member to compensate for any time lost to training for any cause. (d) Transfer to National and Community Service Programs.--The Secretary concerned may enter into a cooperative agreement with another Federal agency, a State or political subdivision of a State (including a State Commission on National and Community Service maintained by a State pursuant to section 178 of the National and Community Service Act of 1990 (42 U.S.C. 12638)), and other entities carrying out a national service program described in section 122 of such Act (42 U.S.C. 12572) to provide for a transfer of a person receiving basic military training and education, upon completion of the initial military training component of the training, to complete the remainder of the person's required service in a national service program. (e) Early Termination.--The period of basic military training and education for a person shall be terminated before the end of such period under the following circumstances: (1) The voluntary enlistment and service of the person in any of the regular components of the armed forces for a period of at least two years. The period of basic military training and education actually served by the person shall be counted toward the term of enlistment. (2) The admission and service of the person as a cadet or midshipman at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the Coast Guard Academy, the United States Merchant Marine Academy. (3) The enrollment and service of the person in an officer candidate program, if the person has signed an agreement to accept a Reserve commission in the appropriate service if such a commission is offered upon completion of the program. (4) Such other grounds as the Secretary concerned may establish. (f) Treatment of Basic Military Training and Education.--For purposes of computing the years of service of a member of the armed forces, any period during which the member received basic military training and education shall be counted. SEC. 5. EDUCATIONAL SERVICES AND PRORATED MONTGOMERY GI BILL BENEFITS. (a) Instruction as Part of Military Training.--As part of the basic military training and education provided under this Act, the Secretary concerned shall include instruction in physical fitness, international relations, military tactics, homeland security, United States and world history, vocational training, and such other topics as the Secretary considers appropriate. (b) Montgomery GI Bill Benefits.--Upon the successful completion by a person of basic military training and education as a member of one of the armed forces, the person shall be entitled to the program of educational assistance provided under chapter 30 of title 38, United States Code, on a prorated basis corresponding to the period of basic military training and education completed by the person. SEC. 6. ROLE OF SELECTIVE SERVICE SYSTEM. (a) In General.--The Selective Service System shall administer all matters in connection with the induction of persons subject to the obligation to receive basic military training and education under section 3(a) and the registration, examination, classification, allocation, delivery, and maintenance of records, of such persons. (b) Local Boards.--Under rules and regulations promulgated by the Director, the local boards shall have the power within their respective jurisdictions to hear and determine, subject to the right of appeal to appeal boards authorized by the Military Selective Service Act, all questions or claims with respect to determinations of dependency, inclusion for, or exemption or deferment from induction or allocation for basic military training and education under this Act. SEC. 7. INDUCTION OF CONSCRIPTS AND ACCEPTANCE OF VOLUNTEERS. (a) In General.--Every person subject to induction for basic military training and education under section 3(a), except those whose training is deferred or postponed in accordance with this Act, shall be called, inducted, and delivered by his local board to the armed forces for such training at the time and place specified by the Director. (b) Age Limits.--No person may be inducted for basic military training and education under section 3(a), or accepted as a volunteer under section 3(b), who is not between the ages of 18 and 22. (c) Schedules for Induction and Acceptance of Volunteers.--Each Secretary concerned, in consultation with the Director, shall determine schedules to be used for the induction of persons and the acceptance of volunteers under this Act and the number of persons to be inducted or accepted pursuant to such schedules. The Secretary concerned may phase in, over not longer than a 10-year period, the induction of persons subject to the obligation to receive basic military training and education. (d) Voluntary Induction.--A person subject to basic military training and education under section 3(a) may volunteer for induction at a time other than the time at which the person is otherwise called for induction. (e) Examination; Classification.--Every person subject to basic military training and education under section 3(a) and every person volunteering for basic military training and education under section 3(b) shall, before induction or acceptance, be physically and mentally examined, and the appropriate local board shall classify the person. SEC. 8. DEFERMENTS AND POSTPONEMENTS. (a) High School Students.--A person who is pursuing a standard course of study, on a full-time basis in a high school or a similar institution of learning shall be entitled to have his induction under section 3(a) postponed until he obtains a high school diploma, ceases to pursue satisfactorily such course of study, or attains the age of 20, whichever occurs first. (b) Hardship and Disability.--Deferments from basic military training and education may be made for extreme hardship or physical or mental disability. (c) Training Capacity.--The Secretary concerned may postpone or suspend the induction of persons or the acceptance of volunteers under this Act as necessary to limit the number of persons receiving basic military training and education to the maximum number that can be adequately trained. (d) Termination.--No deferment or postponement of induction for basic military training and education under this Act shall continue after the cause of such deferment or postponement ceases to exist. SEC. 9. EXEMPTIONS. (a) Accepted by Armed Forces.-- No person may be inducted or accepted as a volunteer for basic military training and education unless the person is acceptable to the Secretary concerned for training. The same health and physical qualifications applicable under section 505 of title 10, United States Code, to persons seeking original enlistment in a regular component of the armed forces shall apply to persons to be inducted or accepted under this Act. (b) Other Military Service.--No person shall be liable for induction under section 3(a) who-- (1) is serving, or has served honorably for at least six months, in any of the armed forces on active duty; or (2) is or becomes a cadet or midshipman at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the Coast Guard Academy, the United States Merchant Marine Academy, a midshipman of a Navy accredited State maritime academy, a member of the Senior Reserve Officers' Training Corps, or the naval aviation college program, so long as he satisfactorily continues in and completes two years training therein. SEC. 10. MILITARY TRAINING IN BRANCH OF MEMBER'S CHOICE; CONSCIENTIOUS OBJECTION. (a) Selection by Member.--Subject to such limitations and standards of qualification and selection as may be established by the Secretary concerned to ensure a proper balance of trained manpower between the ground, air, and naval arms, each person inducted or accepted as a volunteer under this Act shall be entitled to request and receive training in the service of the person's choice. (b) Conscientious Objectors.--(1) Any person who claims, because of religious training and belief (as defined in section 6(j) of the Military Selective Service Act (50 U.S.C. 456(j))), exemption from combatant training included as part of the program of basic military training and education and whose claim is sustained by the local board shall, when inducted, participate in basic military training and education that does not include any combatant training component. The person may be transferred to a national service program, as provided in section 4(d). (2) A person claiming exemption from combatant training under this subsection shall, if such claim is not sustained by the local board, be entitled to an appeal to the appropriate appeal board established under the Military Selective Service Act. Each person whose claim for exemption from combatant training because of religious training and belief is sustained shall be listed by the local board on a register of conscientious objectors. SEC. 11. PAY AND ALLOWANCES. A person inducted or accepted as a volunteer under this Act and receiving basic military training and education shall be considered to be on active duty for purposes of pay and allowances under title 37, United States Code, except that the monthly basic pay of the person may not exceed 35 percent of the basic pay of an enlisted member in a regular component in the pay grade E-1 with less than four months of service. SEC. 12. DISCHARGE FOLLOWING TRAINING. Upon completion or termination of the obligation to receive basic military training and education, a person shall be discharged from the armed forces and shall not be subject to any further training or service under this Act. Nothing in this section shall limit or prohibit the call to active service in the armed forces of any person who is a member of a regular or reserve component of the armed forces. SEC. 13. RELATION TO AUTHORIZED END STRENGTHS FOR ACTIVE FORCES. The authorized end strengths for active duty personnel of the armed forces do not include persons inducted or accepted into the armed forces to receive basic military training and education. SEC. 14. CONFORMING AMENDMENTS. (a) Title 10.--(1) Section 505(c) of title 10, United States Code, is amended-- (A) by inserting ``(1)'' after ``(c)''; and (B) by adding at the end the following new paragraph: ``(2) Paragraph (1) does not apply to a person inducted or accepted into the armed forces to receive basic military training and education pursuant to the Universal Military Training and Service Act of 2001.''. (2) Section 691 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(g) The numbers specified in subsection (b) do not include persons inducted or accepted into the armed forces to receive basic military training and education pursuant to the Universal Military Training and Service Act of 2001.''. (b) Military Selective Service Act.--(1) Section 4 of the Military Selective Service Act (50 U.S.C. App. 454) is amended by inserting after subsection (g) the following new subsection: ``(h) Relation to Other Induction Authority.--This section does not apply with respect to the induction of persons into the Armed Forces to receive basic military training and education pursuant to the Universal Military Training and Service Act of 2001.''. (2) Section 17(c) of the Military Selective Service Act (50 U.S.C. App. 467(c)) is amended by striking ``now or hereafter'' and all that follows through the period at the end and inserting ``inducted pursuant to the Universal Military Training and Service Act of 2001.''. SEC. 15. TRANSITIONAL PROVISION. A person who has obtained a high school diploma or its equivalent before January 1, 2003, shall not be subject to the obligation under section 3(a) to receive basic military training and education under this Act.

Universal Military Training and Service Act of 2001 - Makes it the obligation of male citizens and residents between 18 and 22 to receive basic military training and education as a member of the armed forces unless otherwise exempt under this Act. Permits female citizens and residents between such ages to volunteer for enlistment in the armed forces, with acceptance at the discretion of the Secretary of the military department concerned. Limits the period of training to between six months and a year. Permits transfers after basic training of such conscripts/volunteers to national and community service programs to finish the term of service. Provides educational services and Montgomery GI benefits to persons upon completion of their national service.Uses the existing Selective Service System and local boards for induction. Sets forth criteria for deferments, postponements, and exemptions, including high school, hardship, disability, and health.Entitles inductees to request a particular service branch. Excludes conscientious objectors from combatant training, but otherwise requires them to take basic training before a permitted transfer to a national service program.

To require the induction into the Armed Forces of young men registered under the Military Selective Service Act, and to authorize young women to volunteer, to receive basic military training and education for a period of up to one year.

SECTION 1. INSPECTOR GENERAL REPORT ON PARTICIPATION IN FAA PROGRAMS BY DISADVANTAGED SMALL BUSINESS CONCERNS. Section 140 of the FAA Modernization and Reform Act of 2012 is amended-- (1) in subsection (c)-- (A) in paragraph (1) by striking ``each of fiscal years 2013 through 2017'' and inserting ``fiscal year 2017 and periodically thereafter''; and (B) in paragraph (3)(A) by striking ``a list'' and inserting ``with respect to the large and medium hub airports in the United States that participate in the airport disadvantaged business enterprise program referenced in subsection (a), a list''; and (2) by adding at the end the following: ``(d) Assessment of Efforts.--The Inspector General shall assess the efforts of the Federal Aviation Administration with respect to implementing recommendations suggested in reports submitted under subsection (c) and shall include in each semiannual report of the Inspector General that is submitted to Congress a description of the results of such assessment.''. SEC. 2. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION. Section 47113 of title 49, United States Code, is amended-- (1) in subsection (c)-- (A) by striking ``The Secretary shall'' and inserting the following: ``(1) In general.--The Secretary shall''; and (B) by adding at the end the following: ``(2) Consistency of information.--The Secretary shall develop and maintain a training program-- ``(A) for employees of the Federal Aviation Administration who provide guidance and training to entities that certify whether a small business concern qualifies under this section (and for employees of the other modal administrations of the Department of Transportation who provide similar services); and ``(B) that ensures Federal officials provide consistent communications with respect to certification requirements. ``(3) Lists of certifying authorities.--The Secretary shall ensure that each State maintains an accurate list of the certifying authorities in such State for purposes of this section and that the list is-- ``(A) updated at least twice each year; and ``(B) made available to the public.''; (2) in subsection (e) by adding at the end the following: ``(4) Reporting.--The Secretary shall determine, for each fiscal year, the number of individuals who received training under this subsection and shall make such number available to the public on an appropriate website operated by the Secretary. If the Secretary determines, with respect to a fiscal year, that fewer individuals received training under this subsection than in the previous fiscal year, the Secretary shall submit to Congress, and make available to the public on an appropriate website operated by the Secretary, a report describing the reasons for the decrease. ``(5) Assessment.--Not later than 2 years after the date of enactment of this paragraph, and every 2 years thereafter, the Secretary shall assess the training program, including by soliciting feedback from stakeholders, and update the training program as appropriate.''; and (3) by adding at the end the following: ``(f) Trend Assessment.-- ``(1) In general.--Not later than 2 years after the date of enactment of this subsection, and at least every 2 years thereafter, the Secretary shall study, using information reported by airports, trends in the participation of small business concerns referred to in subsection (b). ``(2) Contents.--The study under paragraph (1) shall include-- ``(A) an analysis of whether the participation of small business concerns referred to in subsection (b) at reporting airports increased or decreased during the period studied, including for such concerns that were first time participants; ``(B) an analysis of the factors relating to any significant increases or decreases in participation compared to prior years; and ``(C) development of a plan to respond to the results of the study, including development of recommendations for sharing best practices for maintaining or boosting participation. ``(3) Reporting.--For each study completed under paragraph (1), the Secretary shall submit to Congress, and make available to the program contact at each airport that participates in the airport disadvantaged business enterprise program, a report describing the results of the study.''. SEC. 3. PASSENGER FACILITY CHARGES. Section 40117(c) of title 49, United States Code, is amended by adding at the end the following: ``(5) With respect to an application under this subsection that relates to an airport that participates in the airport disadvantaged business enterprise program referenced in section 140(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47113 note), the application shall include a detailed description of good faith efforts at the airport to contract with disadvantaged business enterprises in relation to any project that is a subject of the application and to ensure that all small businesses, including those owned by veterans, fairly compete for work funded with passenger facility charges.''. SEC. 4. ANNUAL TRACKING OF CERTAIN NEW FIRMS AT AIRPORTS WITH A DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. (a) Tracking Required.--Beginning in fiscal year 2017, and each fiscal year thereafter, the Administrator of the Federal Aviation Administration shall require each covered airport to report to the Administrator on the number of new disadvantaged business enterprises that were awarded a contract or concession during the previous fiscal year at the airport. (b) Training.--The Administrator shall provide training to airports, on an ongoing basis, with respect to compliance with subsection (a). (c) Reporting.--During the first fiscal year beginning after the date of enactment of this Act and every fiscal year thereafter, the Administrator shall update dbE-Connect (or any successor online reporting system) to include information on the number of new disadvantaged business enterprises that were awarded a contract or concession during the previous fiscal year at a covered airport. (d) Covered Airport Defined.--In this section, the term ``covered airport'' means a large or medium hub airport that participates in the airport disadvantaged business enterprise program referenced in section 140(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47113 note). SEC. 5. AUDITS. The Inspector General of the Department of Transportation shall conduct periodic audits regarding the accuracy of the data on disadvantaged business enterprises contained in the Federal Aviation Administration's reporting database related to such enterprises or any similar or successor online reporting database developed by the Administration. SEC. 6. PROMPT PAYMENTS. (a) Reporting of Complaints.--Not later than 30 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall ensure that each airport that participates in the Program tracks, and reports to the Administrator, the number of covered complaints made in relation to activities at that airport. (b) Improving Compliance.-- (1) In general.--The Administrator shall take actions to assess and improve compliance with prompt payment requirements under part 26 of title 49, Code of Federal Regulations. (2) Contents of assessment.--In carrying out paragraph (1), the Administrator shall assess-- (A) whether requirements relating to the inclusion of prompt payment language in contracts are being satisfied; (B) whether and how airports are enforcing prompt payment requirements; (C) the processes by which covered complaints are received and resolved by airports; (D) whether improvements need to be made to-- (i) better track covered complaints received by airports; and (ii) assist the resolution of covered complaints in a timely manner; (E) the effectiveness of alternative dispute resolution mechanisms with respect to resolving covered complaints; (F) best practices that ensure prompt payment requirements are satisfied; (G) the Federal Aviation Administration resources, including staff, that are dedicated to helping resolve covered complaints; and (H) how the Federal Aviation Administration can enhance efforts to resolve covered complaints, including by using timelines and providing additional staffing and other resources. (3) Reporting.--The Administrator shall make available to the public on an appropriate website operated by the Administrator a report describing the results of the assessment completed under this subsection, including a plan to respond to such results. (c) Definitions.--In this section, the following definitions apply: (1) Covered complaint.--The term ``covered complaint'' means a complaint relating to an alleged failure to satisfy a prompt payment requirement under part 26 of title 49, Code of Federal Regulations. (2) Program.--The term ``Program'' means the airport disadvantaged business enterprise program referenced in section 140(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47113 note).

This bill amends the FAA Modernization and Reform Act of 2012 to extend through FY2017 and periodically thereafter the requirement that the Office of the Inspector General of the Department of Transportation report annually to Congress on the number of new small business concerns owned and controlled by socially and economically disadvantaged individuals, including those owned by veterans, that participated in the programs and activities of the Federal Aviation Administration (FAA). The list of the top 25 and bottom 25 large and medium hub airports giving disadvantaged small business concerns opportunities to participate in FAA programs and activities, which each such report must contain, shall be drawn only from large and medium hub airports participating in the airport disadvantaged business enterprise (DBE) program. The Department of Transportation shall develop a training program for FAA employees providing guidance and training to entities that certify a small business as a small business concern owned and controlled by socially and economically disadvantaged individuals. Applications for authority to impose a passenger facility charge at a covered airport shall include a detailed description of the airport's good faith efforts to contract with DBEs and small businesses (including those owned by veterans). Beginning in FY2017, the FAA shall require a covered airport to report annually on the number of new DBEs that were awarded a contract or concession during the previous fiscal year. The FAA shall update annually DBE-Connect (or any successor online reporting system) to include information on the number of new DBEs awarded a contract or concession at a covered airport during the previous fiscal year. The FAA shall: ensure that each covered airport tracks the number of complaints alleging failure of payment to DBE firms performing contract work at that airport, take actions to assess and improve airport compliance with prompt payment regulations, and make such assessment available on an appropriate FAA website.

To amend the FAA Modernization and Reform Act of 2012 and title 49, United States Code, with respect to disadvantaged business enterprises, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ellie Helton, Lisa Colagrossi, Teresa Anne Lawrence, and Jennifer Sedney Focused Research Act'' or ``Ellie's Law''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) An estimated 6 million people in the United States, or 1 in 50 people, have an unruptured brain aneurysm. (2) Each year, an estimated 30,000 people in the United States suffer a brain aneurysm rupture. Ruptured brain aneurysms are fatal in about 40 percent of cases. Of those who survive, about 66 percent suffer some permanent neurological deficit. (3) Brain aneurysms are more likely to occur in women than in men by a 3 to 2 ratio. People who experienced a brain aneurysm rupture include the following: (A) Ellie Helton. On July 16, 2014, Ellie Helton, a vibrant, loving 14-year-old from Apex, North Carolina, passed away as a result of a ruptured aneurysm, stunning her parents, two sisters, and many, many loved ones. A day earlier, on her second day of high school, she woke up with a terrible headache after a plum-sized aneurysm on her brain stem ruptured. While she suffered headaches throughout her life, she was never diagnosed. Ellie was an avid reader and excellent student, loved the arts, and was incredibly creative. She had an unwavering, constant love for the family and friends in her life. (B) Lisa Colagrossi. On March 20, 2015, Lisa Colagrossi--WABC Eyewitness News reporter, wife of 17 years, and mother of two sons--unexpectedly passed away at the age of 49 years after suffering a massive ruptured brain aneurysm. Despite experiencing one of the classic warning signs of a brain aneurysm (the ``worst headache of my life''), Lisa's passing came as a tremendous shock to her family and friends, who did not know what a brain aneurysm was, let alone its signs and symptoms. She is remembered for being a loving wife, a mother, and a successful reporter, and for her love of the New York Rangers. (C) Teresa Anne Lawrence, devoted mother of three, beloved wife, and staple of her community, collapsed while visiting her son's school on December 8, 1983. She had been struggling with and taking medication for hypertension for several years. At age 34, after being unconscious for four days, she passed away as a result of a brain aneurysm. Her loving husband and extended family were left to raise their children, whom Teresa cherished so much. (D) Jennifer Sedney. On December 25, 2013, Jennifer Sedney, a beautiful, accomplished young woman, passed away suddenly at the age of 27 from a ruptured brain aneurysm. Her only symptom was the ``worst headache of her life'', which none of her friends or family realized was a symptom of a potentially fatal condition. Jenny was a jogger, a disciplined exerciser, and a successful health care consultant and had recently launched a health blog founded on three principles--``bee curious, bee radiant, bee well''. Her brother, mother, father, and a large devoted network of friends and relatives remember her every day. (4) The combined lost wages of survivors of brain aneurysm ruptures and their caretakers are approximately $138,000,000 per year. (5) Despite the widespread prevalence of this condition and the high societal cost it imposes on the Nation, the Federal Government only spends approximately $0.83 per year on brain aneurysm research for each person afflicted with a brain aneurysm. (6) The first three iterations of the International Study on Unruptured Intracranial Aneurysms (ISUIA) have advanced researchers' and clinicians' understanding of how to most effectively manage and treat unruptured intracranial aneurysms. SEC. 3. FUNDING. (a) Authorization of Appropriations.--To conduct or support further comprehensive research on unruptured intracranial aneurysms, studying a broader patient population diversified by age, sex, and race, there are authorized to be appropriated to the National Institute of Neurological Disorders and Stroke $5,000,000 for each of fiscal years 2018 through 2022, to remain available through September 30, 2026. (b) Supplement, Not Supplant.--Any funds made available pursuant to this section shall supplement, not supplant, other funding made available for research on brain aneurysms.

Ellie Helton, Lisa Colagrossi, Teresa Anne Lawrence, and Jennifer Sedney Focused Research Act or Ellie's Law This bill authorizes appropriations for the National Institute of Neurological Disorders and Stroke to conduct or support research on unruptured brain aneurysms in a patient population diversified by age, sex, and race.

Ellie Helton, Lisa Colagrossi, Teresa Anne Lawrence, and Jennifer Sedney Focused Research Act

SECTION 1. CLARIFICATION OF THE NORMAL RETIREMENT AGE. (a) Amendments to ERISA.--Section 204 of the Employee Retirement Income Security Act of 1974 is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(k) Special Rule for Determining Normal Retirement Age for Certain Existing Defined Benefit Plans.-- ``(1) In general.--For purposes of section 3(24), an applicable plan shall not be treated as failing to meet any requirement of this title, or as failing to have a uniform normal retirement age for purposes of this title, solely because the plan has adopted the normal retirement age described in paragraph (2). ``(2) Applicable plan.--For purposes of this subsection-- ``(A) In general.--The term `applicable plan' means a defined benefit plan that, on or before the date of the introduction of this subsection, has adopted a normal retirement age which is the earlier of-- ``(i) an age otherwise permitted under section 3(24), or ``(ii) the age at which a participant completes the number of years (not less than 30 years) of benefit accrual service specified by the plan. A plan shall not fail to be treated as an applicable plan solely because, as of such date, the normal retirement age described in the preceding sentence only applied to certain participants or to certain employers participating in the plan. ``(B) Expanded application.--Subject to subparagraph (C), if, after the date described in subparagraph (A), an applicable plan expands the application of the normal retirement age described in subparagraph (A) to additional participants or participating employers, such plan shall be treated as an applicable plan also with respect to such participants or participating employers. ``(C) Limitation on expanded application.--A defined benefit plan shall be an applicable plan only with respect to an individual who-- ``(i) is a participant in the plan on or before January 1, 2017, or ``(ii) is an employee at any time on or before January 1, 2017 of any employer participating in the plan, and who becomes a participant in such plan after such date.''. (b) Amendment to 1986 Code.--Section 411 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Special Rule for Determining Normal Retirement Age for Certain Existing Defined Benefit Plans.-- ``(1) In general.--For purposes of subsection (a)(8), an applicable plan shall not be treated as failing to meet any requirement of this subchapter, or as failing to have a uniform normal retirement age for purposes of this subchapter, solely because the plan has adopted the normal retirement age described in paragraph (2). ``(2) Applicable plan.--For purposes of this subsection-- ``(A) In general.--The term `applicable plan' means a defined benefit plan that, on or before the date of the introduction of this subsection, has adopted a normal retirement age which is the earlier of-- ``(i) an age otherwise permitted under subsection (a)(8), or ``(ii) the age at which a participant completes the number of years (not less than 30 years) of benefit accrual service specified by the plan. A plan shall not fail to be treated as an applicable plan solely because, as of such date, the normal retirement age described in the preceding sentence only applied to certain participants or to certain employers participating in the plan. ``(B) Expanded application.--Subject to subparagraph (C), if, after the date described in subparagraph (A), an applicable plan expands the application of the normal retirement age described in subparagraph (A) to additional participants or participating employers, such plan shall be treated as an applicable plan also with respect to such participants or participating employers. ``(C) Limitation on expanded application.--A defined benefit plan shall be an applicable plan only with respect to an individual who-- ``(i) is a participant in the plan on or before January 1, 2017, or ``(ii) is an employee at any time on or before January 1, 2017, of any employer participating in the plan, and who becomes a participant in such plan after such date.''. (c) Effective Date.--The amendments made by this section shall apply to all periods before, on, and after the date of enactment of this Act.

Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to formulate a special rule for determining normal retirement age for certain existing defined benefit plans.

To establish a special rule for determining normal retirement age for certain existing defined benefit plans.

SECTION 1. CHARTER. The National Academies of Practice organized and incorporated under the laws of the District of Columbia, is hereby recognized as such and is granted a Federal charter. SEC. 2. CORPORATE POWERS. The National Academies of Practice (hereafter referred to in this Act as the ``corporation'') shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State in which it is incorporated and subject to the laws of such State. SEC. 3. PURPOSES OF CORPORATION. The purposes of the corporation shall be to honor persons who have made significant contributions to the practice of applied psychology, dentistry, medicine, nursing, optometry, osteopathy, podiatry, social work, veterinary medicine, and other health care professions, and to improve the practices in such professions by disseminating information about new techniques and procedures. SEC. 4. SERVICE OF PROCESS. With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes. SEC. 5. MEMBERSHIP. Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation. SEC. 6. BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES. The composition and the responsibilities of the board of directors of the corporation shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 7. OFFICERS OF THE CORPORATION. The officers of the corporation and the election of such officers shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 8. RESTRICTIONS. (a) Use of Income and Assets.--No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) Loans.--The corporation shall not make any loan to any officer, director, or employee of the corporation. (c) Political Activity.--The corporation, any officer, or any director of the corporation, acting as such officer or director, shall not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation. (d) Issuance of Stock and Payment of Dividends.--The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (e) Claims of Federal Approval.--The corporation shall not claim congressional approval or Federal Government authority for any of its activities. SEC. 9. LIABILITY. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS. (a) Books and Records of Account.--The corporation shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. (b) Names and Addresses of Members.--The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. (c) Right To Inspect Books and Records.--All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. (d) Application of State Law.--Nothing in this section shall be construed to contravene any applicable State law. SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS. The first section of the Act entitled ``An Act to provide for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended-- (1) by redesignating paragraph (72) as paragraph (71); (2) by designating the paragraph relating to the Non Commissioned Officers Association of the United States of America, Incorporated, as paragraph (72); (3) by redesignating paragraph (60), relating to the National Mining Hall of Fame and Museum, as paragraph (73); and (4) by adding at the end thereof the following new paragraph: ``(75) National Academies of Practice.''. SEC. 12. ANNUAL REPORT. The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit for such fiscal year required by section 3 of the Act referred to in section 11 of this Act. The report shall not be printed as a public document. SEC. 13. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER. The right to alter, amend, or repeal this Act is expressly reserved to the Congress. SEC. 14. DEFINITION. For purposes of this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. SEC. 15. TAX-EXEMPT STATUS. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986 or any corresponding similar provision. SEC. 16. TERMINATION. If the corporation fails to comply with any of the restrictions or provisions of this Act the charter granted by this Act shall terminate.

Grants a Federal charter to the National Academies of Practice, honoring persons of the health care professions.

A bill to recognize the organization known as the National Academies of Practice, and for other purposes.

That this Act may be cited as the ``Social Security Administration Services Preservation Act''. findings and purposes Sec. 2. (a) The Congress finds that-- (1) the service philosophy of the Social Security Administration recognizes that the effective administration of programs depends upon the goodwill and acceptance of the public; (2) the Statement of Objectives of the Social Security Administration in the year of 1958 recognized that public confidence and cooperation is partially based on the locations and appearances of offices; (3) the mission of the Social Security Administration touches the lives of virtually all United States citizens and therefore offices of the Administration need to be readily accessible to all citizens regardless of residence; (4) many United States citizens, especially many among the handicapped and the elderly, need personal attention to needs and should not be unnecessarily deprived of access to agency officers; (5) discrepancies exist between the formal procedures for closing, consolidating, and recategorizing Social Security Administration offices and the practice often used; (6) the procedures used for such decisions are inconsistent and often too informal; (7) the procedures used in many closings, moves, and recategorizations have not adequately considered the interests of the individuals affected by the decisions; and (8) all changes in the status and location of Social Security Administration offices should be considered in such a way as to not undermine public confidence in the Social Security program. (b) The purposes of this Act are to-- (1) ensure that the public interest is considered and protected in all decisions to close, consolidate, or recategorize Social Security Administration offices; and (2) establish a fair procedure to be followed in all such decisions. consolidation, closing, or recategorization of a social security administration office Sec. 3. Title VII of the Social Security Act is amended by adding at the end thereof the following new section: ``consolidation, closing or recategorization of a social security administration office ``Sec. 712. (a) For purposes of this section, the term-- ``(1) `adequate public notice' means the conspicuous posting of a formal notice at the affected office and the mailing of a written notice to at least-- ``(A) the employees of the affected office; ``(B) the regularly published local press serving the affected community; ``(C) all elected local public officials, community groups, and county, parish, and State welfare offices, and any other affected or relevant organization; and ``(D) the Members of Congress who serve the area in which the affected office is located; ``(2) `move' with respect to an office means any change in the physical location of such office, unless such move is within the same political subdivision and is necessitated by an involuntary loss of a lease or a need for additional space; ``(3) `office' includes all field offices, district offices, and hearings and appeals offices of the Social Security Administration; ``(4) `political subdivision' means a component of a county or large city which has a common civic identity characterized by neighborhood pride, independence, or homogeneous ethnic, racial, religious, or economic background; and ``(5) `recategorize' means the process of scaling down an office to a lesser status or level of function. ``(b) The Social Security Administration, after making a determination as to the necessity for the closing, consolidation, or recategorization of any office, shall provide adequate public notice of such determination at least 90 days prior to the proposed date of such closing, consolidation, or recategorization. Such notice shall include an invitation for written comments on the proposal and shall include an address for mailing such comments. ``(c) When making a determination to close, consolidate, or recategorize an office, the Social Security Administration shall consider-- ``(1) the effect of such change on the community served by such office including the availability of public transportation to any site, the socioeconomic status of the community, the caseload of the affected office, and such other factors as the Social Security Administration determines are necessary; ``(2) the need of the community for personal service, relative to mail or telephone service, based on demographic information such as educational and literacy levels; ``(3) the effect of such determination on employees of the Social Security Administration at such office; and ``(4) the economic savings to the Social Security Administration resulting from the change. ``(d) The Commissioner of Social Security or the Deputy Commissioner of Social Security shall approve all preliminary and final determinations to close offices that are open full-time and provide a full range of services. The authority to make other preliminary and final determinations may be delegated by the Commissioner. ``(e) Any preliminary determination of the Social Security Administration to close, consolidate, or recategorize an office shall be in writing and shall include the findings of the Social Security Administration with respect to the considerations required under subsection (c). ``(f) A public hearing shall be-- ``(1) held upon written request; ``(2) held no earlier than 60 days after adequate public notice of such hearing is made; ``(3) conducted on all proposals to consolidate, close, or recategorize the affected office; ``(4) held at or near the location of the affected office; and ``(5) conducted by an official designated by the regional or central office. ``(g) Within 30 days after the hearing held under the provisions of subsection (f) or after the 90-day period described under subsection (b), whichever is later, the Social Security Administration shall-- ``(1) issue a final report that-- ``(A) incorporates all of the testimony provided at the public hearing and all written comments received; and ``(B) specifies the final determination of the status of the affected office; ``(2) send copies of the final report to the local community press and the appropriate Members of Congress; and ``(3) provide adequate public notice of the final determination, including a notice that copies of the full final report may be viewed or obtained, without charge, at the affected office. ``(h) A final determination of the Social Security Administration to close, consolidate, or recategorize an office may be appealed by any person served by such office to the Commissioner of Social Security. Such appeal shall be filed no later than 30 days following adequate public notice of the final determination under subsection (g)(3). The Commissioner shall review such determination on the basis of the record before the Social Security Administration in deciding such appeal. The Commissioner shall set aside any determination, finding, or conclusion found to be-- ``(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law; ``(2) without observance of procedure required by law; or ``(3) unsupported by substantial evidence on the record. ``(i) No action may be taken to close, move, or recategorize any office during the 30 days following the announcement of a decision nor during the time that any level of appeal is pending. ``(j) The Social Security Administration shall include in its annual budget submission to the Congress a list of all offices, as defined under subsection (a)(3), and all contact stations that-- ``(1) were closed or discontinued during the year preceding the date of such submission; and ``(2) are scheduled to be closed or discontinued and the date that such action is planned.''.

Social Security Administration Services Preservation Act - Amends title VII (Administration) of the Social Security Act to require the Social Security Administration (SSA) to provide advance public notice of a determination to close, consolidate, or recategorize an SSA office. Requires the SSA, when making such determination, to consider: (1) the effect of such change on the community served; (2) the community's need for personal as opposed to mail or telephone service; (3) the effect of such determination on office employees; and (4) SSA'S economic savings attributable to such change. Directs the Commissioner or Deputy Commissioner of Social Security to personally approve all preliminary and final determinations to close full-time offices that provide a full range of services. Requires that a public hearing on a preliminary determination to close, consolidate, or recategorize an office be held upon written request at or near the location of the affected office. Directs SSA to issue a final report within 30 days after such hearing or 90 days after public notice of its preliminary determination, whichever is later, to the local press and appropriate Members of Congress specifying its final determination. Provides the public with notice of and access to such final report. Authorizes persons served by an affected office to appeal a final determination to close, consolidate, or recategorize an office after adequate public notice of such determination. Requires SSA to include in its annual budget submission to the Congress a list of its offices and contact stations which were closed or discontinued during the preceding year and those scheduled to be closed or discontinued and the date such action is planned.

Social Security Administration Services Preservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Unity Promotion Act of 1994''. SEC. 2. COMBINED RETURN TO WHICH UNMARRIED RATES APPLY. (a) In General.--Subpart B of part II of subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to income tax returns) is amended by inserting after section 6013 the following new section: ``SEC. 6013A. COMBINED RETURN WITH SEPARATE RATES. ``(a) General Rule.--A husband and wife may make a combined return of income taxes under subtitle A under which-- ``(1) a separate taxable income is determined for each spouse by applying the rules provided in this section, and ``(2) the tax imposed by section 1 is the aggregate amount resulting from applying the separate rate set forth in section 1(c) to each such taxable income. ``(b) Treatment of Income.--For purposes of this section-- ``(1) earned income (within the meaning of section 911(d)), and any income received as a pension or annuity which arises from an employer-employee relationship, shall be treated as the income of the spouse who rendered the services, and ``(2) income from property shall be divided between the spouses in accordance with their respective ownership rights in such property. ``(c) Treatment of Deductions.--For purposes of this section-- ``(1) the deductions allowed by section 62(a) (other than paragraphs (7) and (10) thereof) shall be allowed to the spouse treated as having the income to which such deductions relate, ``(2) the deduction for retirement savings described in paragraph (7) of section 62(a) shall be allowed to the spouse for whose benefit the savings are maintained, ``(3) the deduction for alimony described in paragraph (10) of section 62(a) shall be allowed to the spouse who has the liability to pay the alimony, ``(4) the deductions allowable by section 151 (relating to personal exemptions) shall be determined-- ``(A) by requiring each spouse to claim 1 personal exemption, and ``(B) by allowing the personal exemptions under section 151(c) to be allocated between the spouses as they determine, ``(5) by requiring each spouse to claim their own additional standard deduction (if any) under section 63, and ``(6) the aggregate amount of all other deductions shall be allocated between the spouses in such amounts as they determine. ``(d) Treatment of Credits.--Credits shall be determined (and applied against the joint liability of the couple for tax) as if the spouses had filed a joint return. ``(e) Treatment as Joint Return.--Except as otherwise provided in this section or in the regulations prescribed hereunder, for purposes of this title (other than sections 1 and 63(c)) a combined return under this section shall be treated as a joint return. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out this section.'' (b) Unmarried Rate Made Applicable.--So much of subsection (c) of section 1 of such Code as precedes the table is amended to read as follows: ``(c) Separate or Unmarried Return Rate.--There is hereby imposed on the taxable income of every individual (other than a married individual (as defined in section 7703) filing a joint return or a separate return, a surviving spouse as defined in section 2(a), or a head of household as defined in section 2(b)) a tax determined in accordance with the following table:''. (c) Basic Standard Deduction for Unmarried Individuals Made Applicable.--Subparagraph (C) of section 63(c)(2) of such Code is amended to read as follows: ``(C) $3,000 in the case of an individual who is not-- ``(i) a married individual filing a joint return or a separate return, ``(ii) a surviving spouse, or ``(iii) a head of household, or''. (d) Clerical Amendment.--The table of sections for subpart B of part II of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6013 the following: ``Sec. 6013A. Combined return with separate rates.'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994. SEC. 3. HOMEMAKERS ELIGIBLE FOR FULL IRA DEDUCTION. (a) Spousal IRA Computed on Basis of Compensation of Both Spouses.--Subsection (c) of section 219 of the Internal Revenue Code of 1986 (relating to special rules for certain married individuals) is amended to read as follows: ``(c) Special Rules for Certain Married Individuals.-- ``(1) In general.--In the case of an individual to whom this paragraph applies for the taxable year, the limitation of paragraph (1) of subsection (b) shall be equal to the lesser of-- ``(A) $2,000, or ``(B) the sum of-- ``(i) the compensation includible in such individual's gross income for the taxable year, plus ``(ii) the compensation includible in the gross income of such individual's spouse for the taxable year reduced by the amount allowable as a deduction under subsection (a) to such spouse for such taxable year. ``(2) Individuals to whom paragraph (1) applies.--Paragraph (1) shall apply to any individual if-- ``(A) such individual files a joint return for the taxable year, and ``(B) the amount of compensation (if any) includible in such individual's gross income for the taxable year is less than the compensation includible in the gross income of such individual's spouse for the taxable year.'' (b) IRA Allowed for Spouses Who Are Not Active Plan Participants.-- Section 219(g)(1) of such Code is amended by striking ``or the individual's spouse''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 219(f) of such Code (relating to other definitions and special rules) is amended by striking ``subsections (b) and (c)'' and inserting ``subsection (b)''. (2) Section 408(d)(5) of such Code is amended by striking ``$2,250'' and inserting ``$2,000''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994. SEC. 4. INCREASE IN PERSONAL EXEMPTION FOR CERTAIN DEPENDENT CHILDREN. (a) General Rule.--Paragraph (1) of section 151(d) of the Internal Revenue Code of 1986 (defining exemption amount) is amended to read as follows: ``(1) In general.--Except as otherwise provided in this subsection, the term `exemption amount' means $2,000 (or, in the case of an exemption under subsection (c) for a child who has not attained age 18 before the close of the calendar year in which the taxable year begins, $3,500).'' (b) Conforming Amendments.-- (1) Subparagraph (A) of section 151(d)(3) of such Code is amended by striking ``the exemption amount'' and inserting ``each dollar amount in effect under paragraph (1) (after any adjustment under paragraph (4))''. (2) Subparagraph (A) of section 151(d)(4) of such Code is amended-- (A) by striking ``the dollar amount'' and inserting ``each dollar amount'', and (B) by adding at the end thereof the following new sentence: ``In the case of the $3,500 amount contained in paragraph (1), the preceding sentence shall be applied by substituting `1995' for `1989' the first place it appears, and by substituting `1994' for `1988'.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994.

Family Unity Promotion Act of 1994 - Amends the Internal Revenue Code to allow married couples to make a combined return of income taxes under which each spouse is taxed using rates applicable to unmarried individuals. Makes the standard deduction applicable to such individual. Allows certain spouses a full deduction for contributions to an individual retirement account. Increases the personal exemption for a dependent child who has not attained age 18 from $2,000 to $3,500.

Family Unity Promotion Act of 1994

TITLE I--TIMPANOGOS INTERAGENCY LAND EXCHANGE SEC. 101. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the facility that houses the administrative office of the Pleasant Grove Ranger District of the Uinta National Forest can no longer properly serve the purpose of the facility; (2) a fire destroyed the Timpanogos Cave National Monument Visitor Center and administrative office in 1991, and the temporary structure that is used for a visitor center cannot adequately serve the public; and (3) combining the administrative office of the Pleasant Grove Ranger District with a new Timpanogos Cave National Monument visitor center and administrative office in one facility would-- (A) facilitate interagency coordination; (B) serve the public better; and (C) improve cost effectiveness. (b) Purposes.--The purposes of this title are-- (1) to authorize the Secretary of Agriculture to acquire by exchange non-Federal land located in Highland, Utah as the site for an interagency administrative and visitor facility; (2) to direct the Secretary of the Interior to construct an administrative and visitor facility on the non-Federal land acquired by the Secretary of Agriculture; and (3) to direct the Secretary of Agriculture and the Secretary of the Interior to cooperate in the development, construction, operation, and maintenance of the facility. SEC. 102. DEFINITIONS. In this title: (1) Facility.--The term ``facility'' means the facility constructed under section 106 to house-- (A) the administrative office of the Pleasant Grove Ranger District of the Uinta National Forest; and (B) the visitor center and administrative office of the Timpanogos Cave National Monument. (2) Federal land.--The term ``Federal land'' means the parcels of land and improvements to the land in the Salt Lake Meridian comprising-- (A) approximately 237 acres located in T. 5 S., R. 3 E., sec. 13, lot 1, SW\1/4\, NE\1/4\, E\1/2\, NW\1/4\ and E\1/2\, SW\1/4\, as depicted on the map entitled ``Long Hollow-Provo Canyon Parcel'', dated March 12, 2001; (B) approximately 0.18 acre located in T. 7 S., R. 2 E., sec. 12, NW\1/4\, as depicted on the map entitled ``Provo Sign and Radio Shop'', dated March 12, 2001; (C) approximately 20 acres located in T. 3 S., R. 1 E., sec. 33, SE\1/4\, as depicted on the map entitled ``Corner Canyon Parcel'', dated March 12, 2001; (D) approximately 0.18 acre located in T. 29 S., R. 7 W., sec. 15, S\1/2\, as depicted on the map entitled ``Beaver Administrative Site'', dated March 12, 2001; (E) approximately 7.37 acres located in T. 7 S., R. 3 E., sec. 28, NE\1/4\, SW\1/4\, NE\1/4\, as depicted on the map entitled ``Springville Parcel'', dated March 12, 2001; and (F) approximately 0.83 acre located in T. 5 S., R. 2 E., sec. 20, as depicted on the map entitled ``Pleasant Grove Ranger District Parcel'', dated March 12, 2001. (3) Non-federal land.--The term ``non-Federal land'' means the parcel of land in the Salt Lake Meridian comprising approximately 37.42 acres located at approximately 4,400 West, 11,000 North (SR- 92), Highland, Utah in T. 4 S., R. 2 E., sec. 31, NW\1/4\, as depicted on the map entitled ``The Highland Property'', dated March 12, 2001. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 103. MAPS AND LEGAL DESCRIPTIONS. (a) Availability of Maps.--The maps described in paragraphs (2) and (3) of section 102 shall be on file and available for public inspection in the Office of the Chief of the Forest Service until the date on which the land depicted on the maps is exchanged under this title. (b) Technical Corrections to Legal Descriptions.--The Secretary may correct minor errors in the legal descriptions in paragraphs (2) and (3) of section 102. SEC. 104. EXCHANGE OF LAND FOR FACILITY SITE. (a) In General.--Subject to subsection (b), the Secretary may, under such terms and conditions as the Secretary may prescribe, convey by quitclaim deed all right, title, and interest of the United States in and to the Federal land in exchange for the conveyance of the non- Federal land. (b) Title to Non-Federal Land.--Before the land exchange takes place under subsection (a), the Secretary shall determine that title to the non-Federal land is acceptable based on the approval standards applicable to Federal land acquisitions. (c) Valuation of Non-Federal Land.-- (1) Determination.--The fair market value of the land and the improvements on the land exchanged under this title shall be determined by an appraisal that-- (A) is approved by the Secretary; and (B) conforms with the Federal appraisal standards, as defined in the publication entitled ``Uniform Appraisal Standards for Federal Land Acquisitions''. (2) Separate appraisals.-- (A) In general.--Each parcel of Federal land described in subparagraphs (A) through (F) of section 102(2) shall be appraised separately. (B) Individual property values.--The property values of each parcel shall not be affected by the unit rule described in the Uniform Appraisal Standards for Federal Land Acquisitions. (d) Cash Equalization.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may, as the circumstances require, either make or accept a cash equalization payment in excess of 25 percent of the total value of the lands or interests transferred out of Federal ownership. (e) Administration of Land Acquisition by United States.-- (1) Boundary adjustment.-- (A) In general.--On acceptance of title by the Secretary-- (i) the non-Federal land conveyed to the United States shall become part of the Uinta National Forest; and (ii) the boundaries of the national forest shall be adjusted to include the land. (B) Allocation of land and water conservation fund moneys.--For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-099), the boundaries of the national forest, as adjusted under this section, shall be considered to be boundaries of the national forest as of January 1, 1965. (2) Applicable law.--Subject to valid existing rights, the Secretary shall manage any land acquired under this section in accordance with-- (A) the Act of March 1, 1911 (16 U.S.C. 480 et seq.) (commonly known as the ``Weeks Act''); and (B) other laws (including regulations) that apply to National Forest System land. SEC. 105. DISPOSITION OF FUNDS. (a) Deposit.--The Secretary shall deposit any cash equalization funds received in the land exchange in the fund established under Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk Act''). (b) Use of Funds.--Funds deposited under subsection (a) shall be available to the Secretary, without further appropriation, for the acquisition of land and interests in land for administrative sites in the State of Utah and land for the National Forest System. SEC. 106. CONSTRUCTION AND OPERATION OF FACILITY. (a) Construction.-- (1) In general.--Subject to paragraph (2), as soon as practicable after funds are made available to carry out this title, the Secretary of the Interior shall construct, and bear responsibility for all costs of construction of, a facility and all necessary infrastructure on non-Federal land acquired under section 104. (2) Design and specifications.--Prior to construction, the design and specifications of the facility shall be approved by the Secretary and the Secretary of the Interior. (b) Operation and Maintenance of Facility.--The facility shall be occupied, operated, and maintained jointly by the Secretary (acting through the Chief of the Forest Service) and the Secretary of the Interior (acting through the Director of the National Park Service) under terms and conditions agreed to by the Secretary and the Secretary of the Interior. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this title. TITLE II--UTAH PUBLIC LANDS ARTIFACT PRESERVATION SEC. 201. FINDINGS. Congress finds that-- (1) the collection of the Utah Museum of Natural History in Salt Lake City, Utah, includes more than 1,000,000 archaeological, paleontological, zoological, geological, and botanical artifacts; (2) the collection of items housed by the Museum contains artifacts from land managed by-- (A) the Bureau of Land Management; (B) the Bureau of Reclamation; (C) the National Park Service; (D) the United States Fish and Wildlife Service; and (E) the Forest Service; (3) more than 75 percent of the Museum's collection was recovered from federally managed public land; and (4) the Museum has been designated by the legislature of the State of Utah as the State museum of natural history. SEC. 202. DEFINITIONS. In this title: (1) Museum.--The term ``Museum'' means the University of Utah Museum of Natural History in Salt Lake City, Utah. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 203. ASSISTANCE FOR UNIVERSITY OF UTAH MUSEUM OF NATURAL HISTORY. (a) Assistance for Museum.--The Secretary shall make a grant to the University of Utah in Salt Lake City, Utah, to pay the Federal share of the costs of construction of a new facility for the Museum, including the design, planning, furnishing, and equipping of the Museum. (b) Grant Requirements.-- (1) In general.--To receive a grant under subsection (b), the Museum shall submit to the Secretary a proposal for the use of the grant. (2) Federal share.--The Federal share of the costs described in subsection (a) shall not exceed 25 percent. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $15,000,000, to remain available until expended. TITLE III--SALT RIVER BAY NATIONAL HISTORICAL PARK AND ECOLOGICAL PRESERVE BOUNDARY ADJUSTMENT SEC. 301. BOUNDARY ADJUSTMENT. The first sentence of section 103(b) of the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Act of 1992 (16 U.S.C. 410tt-1(b)) is amended to read as follows: ``The park shall consist of approximately 1015 acres of lands, waters, and interests in lands as generally depicted on the map entitled `Salt River Bay National Historical Park and Ecological Preserve, St. Croix, U.S.V.I.', numbered 141/80002, and dated May 2, 2002.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Title I: Timpanogos Interagency Land Exchange - (Sec. 104) Authorizes the Secretary of Agriculture (the Secretary) to exchange specified Federal lands for non-Federal lands in the Salt Lake Meridian, Utah.Requires the Secretary to determine that title to the non-Federal land is acceptable based on Federal land acquisitions approval standards.Directs that the fair market value of the non-Federal land and the improvements on it shall be determined by an appraisal that is approved by the Secretary and conforms with the standards in the publication entitled "Uniform Appraisal Standards for Federal Land Acquisitions." Requires that each parcel of Federal land in the exchange be appraised separately, and that the values shall not be affected by the unit rule in the appraisal standards.Authorizes the Secretary to make or accept a cash equalization payment in excess of 25 percent of the total value of the lands or interests being transferred from Federal ownership.Provides that the property conveyed to the United States shall become part of the Uinta National Forest, and that for purposes of the Land and Water Conservation Fund Act of 1965, the boundaries of the national forest as adjusted by this Act shall be considered to be the boundaries as of January 1, 1965. Directs the Secretary to manage the acquired lands in accordance with the Weeks Act and other laws (including regulations) that apply to National Forest System (NFS) land.(Sec. 105) Directs the Secretary to deposit any cash equalization funds received in the fund established under the Sisk Act, for use in acquiring land and interests in land for administrative sites within Utah and land for the NFS.(Sec. 106) Requires the Secretary of the Interior to construct a visitor's center and administrative facility on the non-Federal land acquired. Directs the Secretary and the Secretary of the Interior, acting through the Chief of the Forest Service and the Director of the National Park Service, respectively, to occupy, operate, and maintain such facility.(Sec. 107) Authorizes appropriations.Title II: Utah Public Lands Artifact Preservation - Directs the Secretary of the Interior to make a grant to the University of Utah in Salt Lake City, Utah, to pay the Federal share (not to exceed 25 percent) of the costs of construction of a new facility for the Museum. Authorizes appropriations.Title III: Salt River Bay National Historical Park and Ecological Preserve Boundary Adjustment - Amends the Salt River Bay National Historical Park and Ecological Preserve at St. Croix, Virgin Islands, Act of 1992 to adjust the boundaries of the Salt River Bay Historical Park and Ecological Preserve at St. Croix, Virgin Islands.

A bill to provide for the acquisition of land and construction of an interagency administrative and visitor facility at the entrance to American Fork Canyon, Utah, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boat Protection Act of 1996''. SEC. 2. PROTECTION OF VESSEL HULL DESIGNS. Title 17, United States Code, is amended by adding at the end thereof the following new chapter: ``CHAPTER 12--PROTECTION OF VESSEL HULL DESIGNS ``Sec. ``1201. Definitions. ``1202. Subject matter of protection. ``1203. Ownership and transfer. ``1204. Duration of protection. ``1205. Exclusive rights in plugs or molds. ``1206. Limitation on exclusive rights: reverse engineering; first sale. ``1207. Limitation on exclusive rights: innocent infringement. ``1208. Plug or mold notice. ``1209. Enforcement of exclusive rights. ``1210. Remedies for infringement. ``1211. Relation to other laws. ``Sec. 1201. Definitions ``As used in this chapter-- ``(1) `vessel hull' has the meaning given that term in regulations which the Register of Copyrights shall issue; ``(2) a `plug' means a device or model used to make a mold for the purpose of exact duplication, regardless of whether the device or model has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information; ``(3) a `mold' means a matrix or form in which a substance for material is used, regardless of whether the matrix or form has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information; ``(4) a plug or mold is `fixed' in a vessel hull when its embodiment in the vessel hull, by or under the authority of the owner of the plug or mold, is sufficiently permanent or stable to permit the vessel hull to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration; ``(5) a plug or mold is `original' if it is the independent creation of a person who did not copy it from another source; ``(6) to `commercially exploit' a plug or mold is to sell, offer for sale after the plug or mold is fixed in a vessel hull, or otherwise distribute to the public for profit vessel hulls embodying the plug or mold; ``(7) the `owner' of a plug or mold is-- ``(A) the person who created the plug or mold; ``(B) the legal representative of that person if that person is deceased or under a legal incapacity; ``(C) the employer of that person if that person created the plug or mold within the scope of that person's employment; or ``(D) a party to whom the rights of the person, representative, or employer described in subparagraph (A), (B), or (C) are transferred in accordance with this chapter; ``(8) an `innocent purchaser' is a person who purchases a vessel hull or a product in which a vessel hull is contained in good faith and without having notice of protection under this chapter with respect to that vessel hull or product; ``(9) having `notice of protection' means having actual knowledge that, or reasonable grounds to believe that, a plug or mold fixed in a vessel hull is protected under this chapter; and ``(10) an `infringing vessel hull' is a vessel hull which is made, imported, or distributed in violation of the exclusive rights of the owner of a plug or mold under this chapter. ``Sec. 1202. Subject matter of protection ``(a) Nationality Requirements.-- ``(1) In general.--An original plug or mold fixed in a vessel hull is eligible for protection under this chapter if-- ``(A) on the date on which the plug or mold is first commercially exploited, the owner of the plug or mold is a national or domiciliary of the United States, or is a national, domiciliary, or sovereign authority of a foreign nation that is party to a treaty affording protection to plugs or molds to which the United States is also a party, or is a stateless person, wherever that person may be domiciled; ``(B) the plug or mold is first commercially exploited in the United States; or ``(C) the plug or mold comes within the scope of a Presidential proclamation issued under paragraph (2). ``(2) Presidential proclamations.--Whenever the President finds that a foreign nation extends, to plugs or molds of owners who are nationals or domiciliaries of the United States or to plugs or molds on the date on which the plugs or molds are first commercially exploited, protection-- ``(A) on substantially the same basis as that on which the foreign nation extends protection to plugs or molds of its own nationals and domiciliaries and plugs or molds first commercially exploited in that nation, or ``(B) on substantially the same basis as provided in this chapter, the President may by proclamation extend protection under this chapter to plugs or molds-- ``(i) of owners who are, on the date on which the plugs or molds are first commercially exploited, nationals, domiciliaries, or sovereign authorities of that nation, or ``(ii) which are first commercially exploited in that nation. ``(b) Exclusion for Products Not Original.--Protection under this chapter shall not be available for a plug or mold that-- ``(1) is not original; or ``(2) consists of designs that are staple, commonplace, or familiar in the vessel manufacturing industry, or variations of such designs, combined in a way that is not original. ``(c) Other Exclusions.--In no case does protection under this chapter for a plug or mold extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form of which it is described, explained, illustrated, or embodied in the plug or mold. ``Sec. 1203. Ownership and transfer ``(a) Vesting of Rights in Owner.--The exclusive rights in a plug or mold under the chapter shall vest in the owner of the plug or mold. ``(b) Transfer of Rights.--The exclusive rights in a plug or mold under this chapter may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession. ``(c) Conflicting Transfers.--In any case in which conflicting transfers of the exclusive rights in a plug or mold are made, the transfer first executed shall be void as against a subsequent transfer which is made for a valuable consideration and without notice of the first transfer, unless the first transfer is recorded in the Copyright Office within 3 months after the date on which it is executed, but in no case later than the day before the date of such subsequent transfer. ``(d) Protection Excluded for United States Government.--Plugs or molds prepared by an officer or employee of the United States Government as part of that person's official duties are not protected under this chapter, but the United States Government is not precluded from receiving and holding exclusive rights in plugs or molds transferred to the Government under subsection (b). ``Sec. 1204. Duration of protection ``(a) Commencement of Protection.--The protection provided for a plug or mold under this chapter shall commence on the date on which the plug or mold is first commercially exploited. ``(b) Term of Protection.--Subject to the provisions of this chapter, the protection provided under this chapter to a plug or mold shall continue for a term of 10 years beginning on the date on which such protection commences under subsection (a). ``Sec. 1205. Exclusive rights in plugs or molds ``Subject to the other provisions of this chapter, the owner of a plug or mold has the exclusive rights to do and to authorize any of the following: ``(1) Reproduce the plug or mold by optical, electronic, or any other means. ``(2) Import or distribute a vessel hull in which the plug or mold is embodied. ``(3) Induce or knowingly cause another person to do any of the acts described in paragraphs (1) and (2). ``Sec. 1206. Limitation on exclusive rights: reverse engineering; first sale ``(a) Reverse Engineering.--Notwithstanding the provisions of section 1205(1), it is not an infringement of the exclusive rights of the owner of a plug or mold to reproduce the plug or mold solely for the purpose of teaching, analyzing, or evaluating the concepts or techniques embodied in the plug or mold or the design or organization of components used in the plug or mold. ``(b) First Sale.--Notwithstanding the provisions of section 1205(2), the owner of a particular vessel hull lawfully made under this chapter, or any person authorized by such owner, is entitled, without the authority of the owner of the plug or mold, to sell or otherwise dispose of that vessel hull. ``Sec. 1207. Limitation on exclusive rights: innocent infringement ``(a) In General.--Notwithstanding any other provision of this chapter, an innocent purchaser of an infringing vessel hull-- ``(1) shall incur no liability under this chapter with respect to the importation or distribution of units of the infringing vessel hull that occurred before that innocent purchaser had notice of protection with respect to that vessel hull; and ``(2) shall be liable only for a reasonable royalty on each unit of the infringing vessel hull that the innocent purchaser imports or distributes after having notice of protection with respect to that vessel hull. The amount of the royalty referred to in paragraph (2) shall be based on wholesale cost and shall be determined by voluntary negotiation between the parties, mediation, or binding arbitration, or, if the parties do not resolve the issue, by the court in a civil action for infringement. ``(b) Subsequent Purchases.--The immunity from liability and limitation on liability referred to in subsection (a) shall apply to any person who directly or indirectly purchases an infringing vessel hull from an innocent purchaser. ``(c) Applicability Only to Products Purchased Before Notice of Protection.--The provisions of subsections (a) and (b) apply only with respect to units of an infringing vessel hull that an innocent purchaser purchased before having notice of protection with respect to that vessel hull. ``Sec. 1208. Plug or mold notice ``(a) Affixation Notice.--The owner of a plug or mold provided protection under this chapter may affix notice to the plug or mold or to the vessel hull embodying the plug or mold in such manner and location as to give reasonable notice of such protection. The Register of Copyrights shall prescribe by regulation, as examples, specific methods of affixation and positions of notice for purposes of this section, but these specifications shall not be considered exhaustive. The affixation of such notice is not a condition of protection under this chapter but shall constitute prima facie evidence of notice of protection. ``(b) Contents of Notice.--The notice referred to in subsection (a) shall consist of-- ``(1) the words 'plug or mold', or the letters PM in a circle; ``(2) the year in which the plug or mold was first fixed in a vessel hull; and ``(3) the name of the owner or owners of the plug or mold or an abbreviation by which the name is recognized or is generally known. ``Sec. 1209. Enforcement of exclusive rights ``(a) Infringers.--Except as otherwise provided by this chapter, any person who violates any of the exclusive rights of the owner of a plug or mold under this chapter shall be liable as an infringer of such rights. ``(b) Civil Action for Infringement.--The owner of a plug or mold protected under this chapter shall be entitled to institute a civil action for any infringement of the exclusive rights in that plug or mold under the chapter. ``(c) Enforcement of Right To Import.-- ``(1) Regulations.--The Secretary of the Treasury and the United States Postal Service shall separately or jointly issue regulations for the enforcement of the right to import set forth in section 1205. These regulations may require, as a condition for the exclusion of articles from the United States, that the person seeking exclusion-- ``(A) obtain a court order enjoining, or an order of the International Trade Commission under section 337 of the Tariff Act of 1930 excluding, importation of the articles; or ``(B) furnish proof that the plug or mold involved is protected under this chapter and that the importation of the articles would infringe the rights in the plug or mold under this chapter, and also post a surety bond for any injury that may result if the detention or exclusion of the articles proves to be unjustified. ``(2) Seizure and forfeiture of infringing articles.-- Articles imported in violation of the right to import set forth in section 1205 are subject to seizure and forfeiture in the same manner as property imported in violation of the customs laws. Any such forfeited article shall be destroyed as directed by the Secretary of the Treasury or the court, as the case may be, except that the articles may be returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury that the importer had no reasonable grounds for believing that his or her acts constituted a violation of the law. ``Sec. 1210. Remedies for infringement ``(a) Injunctive Relief.--Any court having jurisdiction of a civil action arising under this chapter may grant temporary and permanent injunctions on such terms as the court may deem reasonable to prevent or restrain infringement of the exclusive rights in a plug or mold under this chapter. ``(b) Actual Damages and Profits.--Upon finding for the owner of the plug or mold, the court shall award the owner actual damages suffered by the owner as a result of the infringement. The court shall also award the owner the infringer's profits that are attributable to the infringement and are not taken into account in computing the award of actual damages. In establishing the infringer's profits, the owner of the plug or mold is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the plug or mold. ``(c) Statutory Damages.--At any time before final judgment is rendered, the owner of the plug or mold may elect, instead of actual damages and profits as provided in subsection (b), an award of statutory damages for all infringements involved in the action with respect to any one plug or mold for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in an amount not more than $250,000 as the court considers just. ``(d) Recovery of Costs by Prevailing Party.--In any action for infringement under this chapter, the court in its discretion may allow the recovery of full costs, including reasonable attorneys' fees, to the prevailing party. ``(e) Time Limitation on Bringing Actions.--An action for infringement under this chapter shall not be maintained unless the action is commenced within 3 years after the claim accrues. ``(f) Destruction or Other Disposition of Infringing Articles.--As part of the final judgment or decree, the court may order the destruction or other disposition of any infringing vessel hulls, and any plugs, molds, or other articles by means of which such vessel hulls may be reproduced. ``Sec. 1211. Relation to other laws ``(a) Other Rights Not Affected.--Nothing in this chapter shall affect any right or remedy held by any person under chapters 1 through 11 of this title, or under title 35. ``(b) References in Chapters 1 Through 11.--References to `this title' or `title 17' in chapters 1 through 11 of this title shall be deemed not to apply to this chapter. ``(c) Preemption.--The provisions of this chapter shall preempt the laws of any State to the extent those laws provide any rights or remedies with respect to a plug or mold which are equivalent to those provided by this chapter, except that such preemption shall be effective only with respect to actions filed on or after January 1, 1998. ``(d) Applicability of Title 28 Provisions.--The provisions of sections 1338, 1400(a), and 1498(b) and (c) of title 28 shall apply with respect to exclusive rights in plugs or molds under this chapter to the same extent as those provisions apply to mask works.''. SEC. 3. TECHNICAL AMENDMENT. The table of chapters of title 17, United States Code, is amended by adding at the end thereof the following new item: ``12. Protection of Vessel Hulls Designs.......................1201.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect on January 1, 1997. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act.

Boat Protection Act of 1996 - Sets forth copyright provisions regarding the protection of vessel hull designs. Defines: (1) "plug" as a device or model used to make a mold for the purpose of exact duplication, regardless of whether the device or model has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information; (2) "mold" as a matrix or form in which a substance for material is used, regardless of whether the matrix or form has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information; and (3) "commercially exploit" for purposes of this Act as the sale or offer for sale of a plug or mold after it is fixed in a vessel hull or otherwise distributed to the public for profit vessel hulls. Extends protection to an original plug or mold fixed in a vessel hull, if: (1) the owner of the plug or mold is a national or domiciliary of the United States or of a foreign nation which is party to a protection treaty to which the United States is also a party on the date on which the plug or mold is first commercially exploited; (2) the plug or mold is first commercially exploited in the United States; or (3) the plug or mold comes within the scope of a presidential proclamation extending reciprocal protection to the works of foreign nationals, domiciliaries, or sovereign authorities. Vests exclusive rights in such plugs or molds in the owner who may transfer (in whole or in part) or bequeath such interest. Recognizes the first registered transfer in case of a conflict. Sets the protection term for plugs or molds at ten years from the date of first commercial exploitation. Grants the owner of a plug or mold the exclusive rights to: (1) reproduce the plug or mold; (2) import or distribute a vessel hull in which it is embodied; and (3) cause another to perform such acts. Provides that it is not an infringement of the owner's exclusive rights: (1) to reproduce a plug or mold for purposes of teaching, analyzing, or evaluating concepts, techniques, design, or organization of components in it; or (2) to sell or otherwise dispose of a vessel hull lawfully made under this Act (without the authority of the owner of the plug or mold). Limits the liability of an innocent purchaser of an infringing vessel hull. Permits the owner of a plug or mold to place on it a specified notice of protection, which is not a condition of protection but shall constitute prima facie evidence of notice of protection. Entitles the owner of a plug or mold whose protection has been infringed to institute a civil action. Authorizes the award of attorney's fees to a prevailing party. Directs the Secretary of the Treasury and the U.S. Postal Service to issue regulations for the enforcement of the right to import a vessel hull in which the plug or mold is embodied. Permits the impoundment and seizure of vessel hulls imported in violation of the owner's exclusive rights. Sets forth remedies for infringement, including temporary and permanent injunctive relief, actual damages, the award of an infringer's profits to the owner, impoundment orders, and the award of statutory damages instead of actual damages or profits in an amount not to exceed $250,000, under specified conditions. Authorizes appropriations.

Boat Protection Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Land Remote Sensing Outreach Act''. SEC. 2. DEFINITIONS. In this Act: (1) Program.--The term ``Program'' means the National Land Remote Sensing Outreach Program established in section 3. (2) Educational institution.--The term ``educational institution'' means any public or private elementary or secondary school, or any institution of vocational, professional, or higher education (including a junior college or teachers' college). (3) Geospatial imagery.--The term ``geospatial imagery''-- (A) means satellite land remote sensing image data registered to map or other spatial coordinates derived from features on the ground; and (B) includes a wide range of graphical products that convey information about natural phenomena and human activities occurring on Earth's surface. (4) Image data.--The term ``image data'' means the raw, unprocessed form of data captured from a sensing instrument. (5) Land remote sensing.--The term ``land remote sensing'' means image data of land, coastal areas, or islands and reefs acquired from above the surface of the Earth by instruments on satellite platforms. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means-- (A) each of the several States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; and (G) the United States Virgin Islands. (8) Indian tribe.--The term ``Indian tribe'' has the same meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). SEC. 3. NATIONAL LAND REMOTE SENSING OUTREACH PROGRAM. (a) In General.--The Secretary shall establish and maintain a national land remote sensing outreach program within the U.S. Geological Survey to advance the availability, timely distribution, and widespread use of geospatial imagery for education, research, assessment, and monitoring purposes in each State and the lands of an Indian tribe. (b) Purposes.--The purposes of the program are-- (1) to increase accessibility to, and expand the use of, remote sensing data in a standard, easy-to-use format by Federal, State, local, and tribal governments, communities, educational institutions, and the commercial sector; and (2) to assist each participating State and Indian tribe in establishing the cooperative infrastructure necessary to increase access to geospatial imagery for research and educational purposes. (c) Activities.-- (1) National land remote sensing outreach program.--The Secretary shall-- (A) support geospatial imagery sharing, applied research, and educational programs of each participating State and Indian tribe; (B) identify new geospatial imagery needs and infrastructure; (C) share and cooperate in the development of geospatial imagery applications, education, and training infrastructure in each participating State and the lands of an Indian tribe; (D) cooperate with participating States and Indian tribes to encourage the expansion of geospatial imagery mapping courses taught at appropriate educational institutions; (E) encourage expansion of geospatial imagery research at appropriate educational institutions; (F) encourage expansion of the knowledge and use of geospatial imagery products in the workforce through outreach programs, workshops, and other training opportunities; (G) encourage participating States and Indian tribes to build partnerships with local governments to identify unique research and development needs and geospatial imagery application pilot programs; (H) promote cooperation and sharing of expertise regarding geospatial imagery applications among participating States and Indian tribes; and (I) provide a mechanism to enable the States and Indian tribes to transfer geospatial imagery and applications to the U.S. Geological Survey as appropriate. (2) Grants.-- (A) In general.--The Secretary is authorized to provide grants to qualified educational institutions, or to State, local, and tribal governments, or to consortia of these entities, on a competitive basis to-- (i) advance the interest of the Federal Government in promoting the use of imagery by educational institutions, States, localities, and Indian tribes; and (ii) achieve the purposes of the Program described in section 3(b). (B) Matching funds.-- (i) In general.--The Federal share of the cost of each program for which a grant is made under this Act may not exceed 75 percent of the total cost of the program. (ii) Non-federal contribution.--In providing the non-Federal contribution required under this paragraph, a grantee-- (I) shall provide for such share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, technology, or services; and (II) may provide for such share through State sources or local sources, including private funds or donated services. (iii) Waiver.--The Secretary may waive the requirements of subparagraph (B), in whole or in part, with respect to any program if the Secretary determines that the grantee has made a good faith effort to obtain the non-Federal contribution at the local level but is unable to do so. (3) Federal partner advisory committee.-- (A) In general.--The Secretary shall establish and maintain a committee to advise the Director of the U.S. Geological Survey regarding the Program. (B) Membership and appointment.--The advisory committee under subparagraph (A) shall be chaired by the U.S. Geological Survey and composed of such representatives of Federal and State agencies, tribal governments, and educational institutions as the Secretary may designate. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary $10,000,000 to carry out this Act for each of fiscal years 2010 through 2019. SEC. 5. SUNSET DATE. This Act is repealed on the date that is 10 years after the date of the enactment of this Act. Passed the House of Representatives October 27, 2009. Attest: LORRAINE C. MILLER, Clerk.

National Land Remote Sensing Outreach Act - Directs the Secretary of the Interior to establish and maintain a national land remote sensing outreach program within the United States Geological Survey (USGS) to advance the availability, timely distribution, and widespread use of geospatial imagery for education, research, assessment, and monitoring purposes in each state and on the lands of an Indian tribe. Requires the Secretary, under such program, to: (1) support geospatial imagery sharing, applied research, and educational programs of each participating state and Indian tribe; (2) identify new geospatial imagery needs and infrastructure; (3) share and cooperate in the development of geospatial imagery applications, education, and training infrastructure in each participating area; (4) cooperate with participating states and tribes to encourage the expansion of geospatial imagery mapping courses taught at educational institutions; (5) encourage expansion of geospatial imagery research at such institutions; (6) encourage expansion of the knowledge and use of geospatial imagery products in the workforce through outreach programs, workshops, and other training opportunities; (7) encourage participating states and tribes to build partnerships with local governments to identify unique research and development needs and geospatial imagery application pilot programs; (8) promote cooperation and sharing of expertise regarding geospatial imagery applications among participating states and tribes; and (9) provide a mechanism to enable the states and tribes to transfer geospatial imagery and applications to USGS. Authorizes the Secretary to provide grants to qualified educational institutions, to state, local, and tribal governments, or to consortia of these entities on a competitive basis to: (1) advance the interest of the federal government in promoting the use of imagery by educational institutions, states, localities, and tribes; and (2) achieve specified program purposes. Limits the federal share to 75% of the cost of each program for which a grant is made. Directs the Secretary to establish and maintain a committee to advise the Director of USGS regarding the program.

To authorize a national cooperative geospatial imagery program through the United States Geological Survey to promote use of remote sensing data.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brevard County Beach Equity Act of 2000''. SEC. 2. EROSION MITIGATION, BREVARD COUNTY, FLORIDA. (a) Definitions.--In this section, the following definitions apply: (1) Canaveral harbor project.--The term ``Canaveral Harbor Project'' means the Federal project for navigation authorized by section 2 of the Act entitled ``An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes'', approved March 2, 1945 (59 Stat. 16), as modified by section 101 of the River and Harbor Act of 1962 (76 Stat. 1174). (2) Secretary.--The term ``Secretary`` means the Secretary of the Army. (3) Shoreline protection project.--The term ``Shoreline Protection Project'' means the Federal project for shoreline protection authorized by section 101(b)(7) of the Water Resources Development Act of 1996 (110 Stat. 3667). (b) Study.-- (1) In general.--The Secretary, in cooperation with interested non-Federal entities, shall conduct a study of the shoreline in Brevard County, Florida, to determine whether any erosion or property damage along the shoreline is attributable to the Canaveral Harbor Project. (2) Scope.--The Secretary shall limit the scope of the study conducted under this subsection to a review of existing data, reports, and studies (whether conducted by a Federal or a non-Federal entity), relevant to erosion in Brevard County, Florida. (3) Review by independent expert.-- (A) In general.--In conducting the study under this subsection, the Secretary shall hire an independent coastal expert to review and report on the data, reports, and studies referred to in paragraph (2). (B) Selection.--The Secretary shall select the expert described in subparagraph (A) from a list of experts approved by the Corps of Engineers, the Canaveral Port Authority, and the County Commission of Brevard County, Florida. (4) Treatment of mitigation measures.--In determining the extent and rate of erosion under the study conducted under this subsection, the Secretary shall take into account the effects of each previously implemented measure designed to mitigate erosion or property damage attributable to the Canaveral Harbor Project, except those measures implemented under the Shoreline Protection Project. (c) Mitigation.-- (1) Determination.--Not later than 180 days after the date of enactment of this section, the Secretary shall determine, based on the results of the study conducted under subsection (b), whether any measures are necessary to prevent or mitigate erosion or property damage, or to correct or repair past erosion or property damage, attributable to the Canaveral Harbor Project. (2) Authority.--After making a determination under paragraph (1), the Secretary shall plan, design, and implement any measures that the Secretary considers to be necessary to prevent, mitigate, correct, or repair, any erosion or property damage that is attributable to the Canaveral Harbor Project. (3) Allocation of costs.--Except as provided in paragraph (4), the Federal and non-Federal shares of the costs of implementing any measure under this subsection shall be the same as for the Canaveral Harbor Project. (4) Renourishment in certain areas.-- (A) Reallocation of costs.--If under paragraph (2) the Secretary carries out any renourishment of a shore or beach located within the boundaries of the area covered by the Shoreline Protection Project, the Secretary shall modify the project cooperation agreement for the Shoreline Protection Project to increase the Federal share of the project costs of initial construction and periodic renourishment to reflect the increased costs incurred by the Secretary. (B) Credit or reimbursement of funds.--Based on any reallocation of costs under subparagraph (A), the Secretary shall credit or reimburse each non-Federal interest for any excess funds it may have expended with respect to the Shoreline Protection Project. (d) Repeal.--Section 310 of the Water Resources Development Act of 1999 (113 Stat. 301) is repealed. (e) Funding.-- (1) Study.--Of the funds made available for the operation or maintenance of the Canaveral Harbor Project, not more than $250,000 may be used by the Secretary to conduct the study described in subsection (b). (2) Treatment of costs of mitigation measures.--The costs of any mitigation measure carried out under this section shall be allocated to the Canaveral Harbor Project as operation and maintenance costs.

Requires the Secretary to: (1) take into account the effects of each previously implemented measure designed to mitigate erosion or property damage attributable to the Project, except those measures implemented under the Shoreline Protection Project; (2) determine whether any measures are necessary to prevent or mitigate erosion or property damage, or to correct or repair past erosion or property damage; and (3) plan, design, and implement such measures. Requires the Federal and non-federal share of the costs of implementing any measure to be the same as for such Project. Requires the Secretary: (1) if he or she carries out any renourishment of a shore or beach located within the area covered by the Shoreline Protection Project, to modify the Project cooperation agreement to increase the Federal share to reflect the increased construction and periodic renourishment costs incurred; and (2) based on any reallocation of such costs, to credit or reimburse each non-Federal interest for any excess funds it may have expended with respect to such Project. Amends the Water Resources Development Act of 1999 to repeal the requirement for the reimbursement of the non-Federal interest for the Federal share of preconstruction planning and design costs for the project for shore protection for Broward County and Hillsboro Inlet, Florida if the work is compatible with and integral to such project. Authorizes use of up to $250,000 of funds made available for the operation or maintenance of the Canaveral Harbor Project to conduct the study. Provides for the costs of any mitigation measure carried out under this Act to be allocated to such Project as operation and maintenance costs.

Brevard County Beach Equity Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chattahoochee-Oconee National Forest Land Adjustment Act of 2015''. SEC. 2. FINDINGS AND DEFINITION. (a) Findings.--Congress finds that-- (1) certain National Forest System land in the State of Georgia consists of isolated tracts that are inefficient to manage or have lost their principal value for National Forest purposes; (2) the disposal of that land would be in the public interest; and (3) proceeds from the sale of land authorized by this Act would be used best by the Forest Service to purchase land for National Forest purposes in the State of Georgia. (b) Definition of Secretary.--In this Act, the term ``Secretary'' means the Secretary of Agriculture. SEC. 3. LAND CONVEYANCE AUTHORITY. (a) In General.--The Secretary is authorized, under such terms and conditions as the Secretary may prescribe, to sell or exchange any or all rights, title, and interest of the United States in the National Forest System land described in subsection (b). (b) Land Authorized for Disposal.-- (1) In general.--The National Forest System land subject to sale or exchange under this Act are 30 tracts of land totaling approximately 3,841 acres, which are generally depicted on 2 maps entitled ``Priority Land Adjustments, State of Georgia, U.S. Forest Service-Southern Region, Oconee and Chattahoochee National Forests, U.S. Congressional Districts-8, 9, 10 & 14'' and dated September 24, 2013. (2) Maps.--The maps described in paragraph (1) shall be on file and available for public inspection in the Office of the Forest Supervisor, Chattahoochee-Oconee National Forest, until such time as the land is sold or exchanged. (3) Modification of boundaries.--The Secretary may modify the boundaries of the land described in paragraph (1) based on land management considerations. (c) Form of Conveyance.-- (1) Quitclaim deed.--The Secretary shall convey land sold under this Act by quitclaim deed. (2) Reservations.--The Secretary may reserve any rights-of- way or other rights or interests in land sold or exchanged under this Act that the Secretary considers necessary for management purposes or to protect the public interest. (d) Valuation.-- (1) Market value.--The Secretary may not sell or exchange land under this Act for less than market value, as determined by appraisal or through competitive bid. (2) Appraisal requirements.--Any appraisal shall be-- (A) consistent with the Uniform Appraisal Standards for Federal Land Acquisitions or the Uniform Standards of Professional Appraisal Practice; and (B) subject to the approval of the Secretary. (e) Consideration.-- (1) Cash.--Consideration for a sale of land or equalization of an exchange shall be paid in cash. (2) Exchange.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any land exchanged. (f) Method of Sale.-- (1) Options.--The Secretary may sell land under subsection (a) at public or private sale, including competitive sale by auction, bid, or otherwise, in accordance with such terms, conditions, and procedures as the Secretary determines are in the best interest of the United States. (2) Solicitations.--The Secretary may-- (A) make public or private solicitations for the sale or exchange of land authorized by this Act; and (B) reject any offer that the Secretary determines is not adequate or not in the public interest. (g) Brokers.--The Secretary may-- (1) use brokers or other third parties in the disposition of the land authorized by this Act; and (2) from the proceeds of a sale, pay reasonable commissions or fees. SEC. 4. TREATMENT OF PROCEEDS. (a) Deposit.--The Secretary shall deposit the proceeds of a sale authorized by this Act in the fund established under Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a). (b) Availability.--Subject to subsection (c), amounts deposited under subsection (a) shall be available to the Secretary until expended, without further appropriation, for the acquisition of land for National Forest purposes in the State of Georgia. (c) Private Property Protection.--Nothing in this Act authorizes the use of funds deposited under subsection (a) to be used to acquire land without the written consent of the owner of the land.

. Chattahoochee-Oconee National Forest Land Adjustment Act of 2015 (Sec. 3) This bill authorizes the Department of Agriculture (USDA) to may sell or exchange any or all interest of the United States in 30 tracts of National Forest System land in Georgia totaling approximately 3,841 acres. USDA may modify the boundaries of such lands based on land management considerations. USDA shall convey by quitclaim deed land sold or exchanged under this bill. USDA may reserve any rights-of-way or other rights or interests in land sold or exchanged under this bill that are considered necessary for management purposes or to protect the public interest. USDA may not sell or exchange land under this bill for less than market value, as determined by an appraisal or through a competitive bid. Any such appraisal shall be: consistent with the Uniform Appraisal Standards for Federal Land Acquisitions or the Uniform Standards of Professional Appraisal Practice, and subject to USDA's approval. The consideration for sales of lands or equalization of exchanges under this bill shall be paid in cash. USDA may accept a cash equalization payment that exceeds 25% of the value of any of the land to be exchanged under this bill. USDA may sell lands under this bill at public or private sale, including competitive sale by auction, bid, or otherwise, according to such terms, conditions, and procedures that are in the best interest of the United States. USDA may: make public or private solicitations for the sale or exchange of land authorized by this bill, and reject any offer that is determined as not being adequate or not in the public interest. USDA may: use brokers or other third parties in disposing of the lands authorized by this bill; and from the proceeds of such a sale, pay reasonable commissions or fees. (Sec. 4) USDA shall deposit the proceeds of a sale authorized by this bill in the fund established under the Sisk Act. Amounts deposited into such fund shall be made available to USDA for the acquisition of land for national forest purposes in Georgia. Nothing in this bill authorizes the use of the amounts deposited into such fund for the acquisition of land without the written consent of the owner of that land.

Chattahoochee-Oconee National Forest Land Adjustment Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Forest Protection Act of 2004''. SEC. 2. TRIBAL FOREST ASSETS PROTECTION. (a) Definitions.--In this section: (1) Federal land.--The term ``Federal land'' means-- (A) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))) administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (2) Indian forest land.--The term ``Indian forest land'' has the meaning given the term in section 304 of the National Indian Forest Resources Management Act (25 U.S.C. 3103). (3) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (4) Secretary.--The term ``Secretary'' means-- (A) the Secretary of Agriculture, with respect to land under the jurisdiction of the Forest Service; and (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management. (b) Authority to Protect Tribal Forest Assets.-- (1) In general.--Not later than 120 days after the date on which an Indian tribe submits to the Secretary a request to enter into an agreement or contract to carry out a project to protect Indian forest land that meets the criteria described in subsection (c), the Secretary may issue public notice of initiation of any necessary environmental review or of the potential of entering into an agreement or contract with the Indian tribe pursuant to section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-277) (as amended by section 323 of the Department of the Interior and Related Agencies Appropriations Act, 2003 (117 Stat. 275)), or such other authority as appropriate, under which the Indian tribe would carry out activities described in paragraph (3). (2) Environmental analysis.--Following completion of any necessary environmental analysis, the Secretary may enter into an agreement or contract with the Indian tribe as described in paragraph (1). (3) Activities.--Under an agreement or contract entered into under paragraph (2), the Indian tribe may carry out activities to achieve land management goals for Federal land that is-- (A) under the jurisdiction of the Secretary; and (B) bordering or adjacent to the Indian forest land under the jurisdiction of the Indian tribe. (c) Selection Criteria.--The criteria referred to in subsection (b), with respect to an Indian tribe, are whether-- (1) the Indian forest land under the jurisdiction of the Indian tribe borders on or is adjacent to land under the jurisdiction of the Forest Service or the Bureau of Land Management; (2) Forest Service or Bureau of Land Management land bordering on or adjacent to the Indian forest land under the jurisdiction of the Indian tribe poses a fire, disease, or other threat to-- (A) the Indian forest land under the jurisdiction of the Indian tribe; or (B) a tribal community; (3) the agreement or contracting activities applied for by the Indian tribe are not already covered by a stewardship contract or other instrument that would present a conflict on the subject land; and (4) the Forest Service or Bureau of Land Management land described in the application of the Indian tribe presents or involves a feature or circumstance unique to that Indian tribe (including treaty rights or biological, archaeological, historical, or cultural circumstances). (d) Notice of Denial.--If the Secretary denies a tribal request under subsection (b)(1), the Secretary may issue a notice of denial to the Indian tribe, which-- (1) identifies the specific factors that caused, and explains the reasons that support, the denial; (2) identifies potential courses of action for overcoming specific issues that led to the denial; and (3) proposes a schedule of consultation with the Indian tribe for the purpose of developing a strategy for protecting the forest land of the Indian tribe and interests of the Indian tribe in Federal land. (e) Proposal Evaluation and Determination Factors.--In entering into an agreement or contract in response to a request of an Indian tribe under subsection (b)(1), the Secretary may-- (1) use a best-value basis; and (2) give specific consideration to tribally-related factors in the proposal of the Indian tribe, including-- (A) the status of the Indian tribe as an Indian tribe; (B) the trust status of the forest land of the Indian tribe; (C) the cultural, traditional, and historical affiliation of the Indian tribe with the land subject to the proposal; (D) the treaty rights or other reserved rights of the Indian tribe relating to the land subject to the proposal; (E) the indigenous knowledge and skills of members of the Indian tribe; (F) the features of the landscape of the land subject to the proposal, including watersheds and vegetation types; (G) the working relationships between the Indian tribe and Federal agencies in coordinating activities affecting the land subject to the proposal; and (H) the access by members of the Indian tribe to the land subject to the proposal. (f) No Effect on Existing Authority.--Nothing in this Act-- (1) prohibits, restricts, or otherwise adversely affects the participation of any Indian tribe in stewardship agreements or contracting under the authority of section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-277) (as amended by section 323 of the Department of the Interior and Related Agencies Appropriations Act, 2003 (117 Stat. 275)) or other authority invoked pursuant to this Act; or (2) invalidates any agreement or contract under that authority. (g) Report.--Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the Indian tribal requests received and agreements or contracts that have been entered into under this Act.

Tribal Forest Protection Act of 2004 - Authorizes the Secretary of the Interior (with respect to land under the jurisdiction of the Bureau of Land Management) or the Secretary of Agriculture (with respect to land under the jurisdiction of the Forest Service), upon request of an Indian tribe to enter into an agreement or contract to carry out a project to protect Indian forest land that meets specified criteria, to issue public notice of initiation of any necessary environmental review or of the potential of entering into such an agreement or contract under which the Indian tribe would carry out certain activities. Authorizes the appropriate Secretary to enter into such an agreement or contract following completion of any necessary environmental analysis.

A bill to authorize the Secretary of Agriculture and the Secretary of the Interior to enter into an agreement or contract with Indian tribes meeting certain criteria to carry out projects to protect Indian forest land.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reforming Alternatives to Incarceration and Sentencing to Establish a Better Path for Youth Act of 2015'' or the ``RAISE Act of 2015''. SEC. 2. SAFETY VALVE FOR NONVIOLENT YOUTH. Section 3553 of title 18, United States Code, is amended by adding at the end the following: ``(g) Authority To Impose a Sentence Below a Statutory Minimum for Youth.-- ``(1) General rule.--Notwithstanding any provision of law other than this subsection, when sentencing a youth for a nonviolent offense, the court may impose a sentence below a statutory minimum if, after considering the factors set forth in subsection (a), the court finds-- ``(A) substantial and compelling reasons on the record that, giving due regard to the nature of the crime, the history and characteristics of the youth, and the youth's chances of successful rehabilitation, the mandatory minimum sentence would result in substantial injustice to the youth; and ``(B) imposition of the mandatory minimum sentence is not necessary for the protection of the public. ``(2) Court to give parties notice.--Before imposing a sentence under paragraph (1), the court shall give the parties reasonable notice of the court's intent to do so and an opportunity to respond. ``(3) Statement in writing of factors.--The court shall state, in the written statement of reasons, the factors under subsection (a) that require imposition of a sentence below the statutory minimum. ``(4) Appeal rights not limited.--This subsection does not limit any right to appeal that would otherwise exist in its absence. ``(5) Definitions.--In this subsection-- ``(A) the term `youth' means an individual who was 21 years of age or younger at the time of the criminal offense for which the individual is being sentenced; and ``(B) the term `nonviolent offense' means a Federal criminal offense that is not-- ``(i) a crime of violence; or ``(ii) a sex offense (as that term is defined in section 111 of the Sex Offender Registration and Notification Act).''. SEC. 3. EARLY RELEASE AND HOME CONFINEMENT FOR YOUTH. Section 3624 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``at the early release date provided in subsection (g), if applicable, or otherwise'' after ``A prisoner shall be released by the Bureau of Prisons''; (2) in subsection (c), paragraph (1), by inserting ``except as provided in paragraph (2)(A)(ii),'' before ``not to exceed 12 months''; (3) in subsection (c), by amending paragraph (2) to read as follows: ``(2) Home confinement authority.-- ``(A) The authority under this subsection may be used-- ``(i) to place a prisoner in home confinement for the greater of 10 percent of the term of imprisonment of that prisoner or 1 year; and ``(ii) to place a youth prisoner in home confinement for the greater of 25 percent of the term of imprisonment of that prisoner or 18 months. ``(B) Except as provided in subparagraph (C), placement in a community correction center shall not be used in lieu of home confinement solely because the prisoner has been diagnosed with a mental illness, mental disorder, or mental health condition. ``(C) There shall be a presumption in favor of direct release to home confinement unless the Director of the Bureau of Prisons makes specific findings in writing that the resources provided by a community correction center are necessary for the prisoner to adjust and prepare for the reentry into the community and those resources cannot be provided if the prisoner is in home confinement. ``(D) A prisoner placed on home confinement may not be ordered to pay the cost of electronic monitoring.''; and (4) by adding at the end the following: ``(g) Early Release Eligibility for Certain Youth.-- ``(1) In general.--The Bureau of Prisons shall release from confinement, subject to a period of prerelease custody under subsection (c), a youth who has served one half or more of that offender's term of imprisonment (including any consecutive term or terms of imprisonment) if that youth-- ``(A) is serving a sentence for a nonviolent offense; and ``(B) has not engaged in any violation of institutional disciplinary regulations involving violent conduct in the last 2 years. ``(2) Definitions.--In this subsection-- ``(A) the term `youth' means an individual who was 21 years of age or younger at the time the criminal offense occurred for which the individual is serving a term of imprisonment; and ``(B) the term `nonviolent offense' means a Federal criminal offense that is not-- ``(i) a crime of violence; or ``(ii) a sex offense (as that term is defined in section 111 of the Sex Offender Registration and Notification Act).''. SEC. 4. SUPERVISED RELEASE CONSIDERATION FOR YOUTH. (a) Supervised Release of Youth.--Section 3582(c) of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (1); (2) by inserting ``and'' at the end of paragraph (2); and (3) by inserting after paragraph (2) the following: ``(3) in the case of a youth serving a sentence of incarceration, after the youth (as defined in section 3581) has served at least 20 years, a court, upon motion of the Director of the Bureau of Prisons, the sentencing court, the youth or the counsel for the youth, or on its own motion, may reduce the term of imprisonment (and may impose a term of supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment), after considering the factors set forth in section 3553(a) to the extent that they are applicable, if-- ``(A) the court finds on the record that a reduction is warranted based on extraordinary and compelling reasons, including the youth's rehabilitation efforts, such as participation in counseling, education, work skills training, and prison employment, and mitigating facts relating to the life circumstances of the youth at the time of the commission of the offense; and ``(B) the Director of the Bureau of Prisons has, on its own or in response to the court, made a determination that the youth is not a danger to the safety of any other person or the community, as provided under section 3142(g).''. (b) Mandatory Life Sentence.--Section 3581 of title 18, United States Code, is amended by adding at the end the following: ``(c) Mandatory Life Sentence.--In the case of a youth convicted of an offense that carries a mandatory term of life imprisonment, the sentencing court shall treat the life sentence as discretionary and consider the age of the youth in determining the appropriate sentence. ``(d) Definition.--In this section, the term `youth' means an individual who was 21 years of age or younger at the time of the commission of the criminal offense for which the individual is being sentenced or is serving a term of imprisonment.''. SEC. 5. SMARTER PROBATION FOR YOUTH. (a) In General.--Section 3565 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``If'' and inserting ``Except as provided in subsection (d), if''; and (2) by adding at the end the following: ``(d) Special Rule for Technical Violations.--If the violation of a condition is solely technical, and not a conviction of a criminal offense, then the maximum punishment that can be imposed is not more than-- ``(1) 30 days imprisonment if the violation is the first violation during the defendant's period of probation; ``(2) 60 days imprisonment if the violation is a second violation during the defendant's period of probation; or ``(3) 90 days imprisonment if the violation is a third or subsequent violation during the defendant's period of probation.''. (b) Directive to the United States Sentencing Commission.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to the revocation of probation and supervised release under section 3565 of title 18, United States Code, as amended by this Act. SEC. 6. SPECIALIZED HOUSING AND PROGRAMS FOR YOUTH. Section 4042(a) of title 18, United States Code, is amended-- (1) by redesignating paragraph (D) as paragraph (6) and within that paragraph as so redesignated, by redesignating subparagraphs (i) and (ii) as subparagraphs (A) and (B) respectively; (2) by redesignating paragraph (E) as paragraph (7) and within that paragraph as so redesignated, by redesignating subparagraphs (i) through (vii) as subparagraphs (A) through (G) respectively; and (3) by adding at the end the following: ``(8) designate correctional facilities or portions of correctional facilities that house youth (as defined in section 3624(g)) separate from other offenders and, to the extent possible, minimize contact between youth and other offenders except in rehabilitative, reentry, or similar programs; and ``(9) establish education, skills training, reentry, and mental and emotional health programs specific to the needs of youth (as defined in section 3624(g)).''. SEC. 7. PILOT PROGRAMS FOR YOUTH. (a) Bureau of Prisons.--The Bureau of Prisons shall establish each of the following pilot programs for 2 years, in at least 10 judicial districts: (1) Mentorship for youth.--A program to pair youth with-- (A) formerly incarcerated offenders that have demonstrated a commitment to rehabilitation, made positive contributions to the community, and expressed a willingness to serve as a mentor in such a capacity; or (B) volunteers from faith-based or community organizations that have relevant experience or expertise and a willingness to serve as a mentor in such a capacity. (2) Government service.--A program to equip youth with skills for government service and to place youth in related internships through work release, including placement with the Department of Health and Human Services, the Department of Veterans Affairs, and the Department of Justice. (3) Service to abandoned, rescued or otherwise vulnerable animals.--A program to equip youth with the skills to provide training and therapy to animals seized by Federal law enforcement under asset forfeiture authority and to organizations that provide shelter and similar services to abandoned, rescued, or otherwise vulnerable animals. (b) Attorney General.--The Attorney General shall establish pilot programs in the following areas: (1) Diversion for high-risk youth.--A program that provides youth, who are at high risk to reoffend and who have specialized needs, including substance abuse or gang involvement, an opportunity to avoid criminal conviction through intensive case management and comprehensive community services. (2) Diversion for victimized youth.--A program for youth that have been the victim of abuse, sex or drug trafficking, or other violent conduct, and for whom the criminal conduct is due in whole or in part to that victimization, that provides such youth with an opportunity to avoid criminal conviction through intensive case management and comprehensive community services. (3) Diversion for youth.--A program for youth, who serve as the primary caretaker for a young child or sibling, for an ill or impaired parent or grandparent, or for a dependent and vulnerable individual, that provides such youth with an opportunity to avoid criminal conviction through intensive case management and comprehensive community services. (c) Reporting Requirement.--Not later than one year after the conclusion of the pilot programs, the Attorney General shall report to Congress on the results of the pilot programs under this section. Such report shall include cost savings, numbers of participants, and information about recidivism rates among participants. (d) Definitions.--In this section-- (1) the term ``youth'' means an individual who was 21 years of age or younger at the time of the criminal offense for which the individual is being prosecuted or serving a term of imprisonment, as the case may be; and (2) the term ``nonviolent offense'' means a Federal criminal offense that is not-- (A) a crime of violence (as that term is defined in section 16 of title 18, United States Code); or (B) a sex offense (as that term is defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)). SEC. 8. RETROACTIVE EFFECT. This Act and the amendments made by this Act apply with respect to youth without regard to whether they become involved in the Federal criminal justice system before, on, or after the date of the enactment of this Act.

Reforming Alternatives to Incarceration and Sentencing to Establish a Better Path for Youth Act of 2015 or the RAISE Act of 2015 This bill amends the federal criminal code to permit a court to impose a sentence below the mandatory minimum for certain nonviolent youth offenses if the mandatory minimum is unjust to the youth and not necessary to protect public safety. The term "youth" means an individual prosecuted or sentenced for a criminal offense committed at age 21 or younger. The bill requires the Bureau of Prisons (BOP) to release early, subject to a period of pre-release custody, a nonviolent youth offender who has: (1) completed one half or more of his or her prison term, and (2) received no disciplinary violations for violent conduct in the last two years. A court may reduce the prison term of a youth who has completed 20 years of such prison term if: (1) compelling evidence warrants a sentence reduction, and (2) the youth poses no public safety danger. Additionally, a court must treat as discretionary a mandatory life prison term for a youth offender and impose an appropriate sentence after considering the youth's age. It limits to 30, 60, or 90 days the maximum prison term imposed on a defendant who commits a first, second, or third technical violation of a probation condition. The BOP must separately designate youth correctional facilities, minimize contact between youth and other offenders, and establish youth education, skills training, reentry, and mental and emotional health programs. The Department of Justice must establish pilot programs for diversion of high-risk, victimized, and primary caretaker youth. The BOP must establish pilot programs on youth mentorship, government service, and service to abandoned, rescued, or vulnerable animals. This bill's provisions apply to youth involved in the federal criminal justice system before, on, or after enactment.

RAISE Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ocean Habitat Protection Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) The fish and other marine species that are associated with three-dimensional structurally complex seafloor habitats within the exclusive economic zone of the United States-- (A) constitute valuable and renewable natural resources; (B) are an essential component of marine biodiversity; (C) contribute to the food supply, economy, and health of the United States; (D) support the economies of coastal communities; and (E) provide recreational opportunities. (2) Commercial and recreational fishing constitute major sources of employment and contribute significantly to the economy of the United States. (3) The United States is dependent upon healthy and diverse ocean ecosystems for income, nutrition, medicines, raw materials, and valuable natural processes. (4) Diverse types of sponges, deep sea corals, and other species are found in marine habitats, many of which have not been adequately studied for their potential benefit to society or their ecological importance to fish species and other forms of marine life. (5) Habitat complexity and marine biodiversity created by geologic structures and structure-forming organisms on the seabed are essential to numerous fish species, including commercially and recreationally harvested species, that rely on them for food and shelter from predation. (6) Bottom trawling reduces habitat complexity and biological diversity by smoothing geologic bedforms and by removing, crushing, burying, and exposing benthic organisms to predators and scavengers. (7) The reduction of biodiversity caused by bottom trawling is detrimental to many commercially and recreationally important species and to the industries and people that depend on them. (8) In the past, the practice of bottom trawling was conducted mainly on soft bottom areas, and was rarely used in three-dimensional, structurally complex habitats. (9) Technological modifications to bottom trawls, including the creation of large rockhopper and roller gear and chafing gear, facilitate the use of bottom trawls in rocky and other complex marine habitats that were once refuges for fishes and other marine life. (10) The expansion in the use of bottom trawls from soft bottom areas to three-dimensional, structurally complex habitats over the past 20 years has had and continues to have significant, adverse effects on the diversity and habitat complexity of these areas. (11) Numerous scientific studies show that bottom trawling is especially damaging to three-dimensional, structurally complex habitats such as corals, boulder fields, sponge beds, and gravel bottoms. (12) Bottom trawling in these habitats significantly reduces their value for economically and ecologically important fishes and other marine life. Reductions in structural complexity may be long-term and irreversible. Recovery of some of these areas to their natural state after a single pass of a trawl may take decades or centuries. With repeated trawling in the same area, the damage may be irreversible. (13) Prohibiting the use of large rockhopper, roller, and other ground gear is a practical, precautionary, and enforceable measure to protect structurally complex, benthic marine habitats from the damaging effects of bottom trawling. SEC. 3. PROHIBITION ON USE OF LARGE ROCKHOPPER AND ROLLER GEAR ON BOTTOM TRAWL NETS. (a) Purpose.--The purpose of this section is to prevent bottom trawls from accessing and damaging three-dimensional, structurally complex marine habitats that are needed by commercially and recreationally important fish and other marine life for food and shelter from predation. (b) Prohibition.--Section 307(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (O); (2) by striking the period at the end of subparagraph (P) and inserting ``; or''; and (3) by inserting after subparagraph (P) the following: ``(Q) to use a bottom trawl with rollers, bobbins, tires, rockhoppers, or any other devices attached to the foot rope of the trawl net that are in excess of 8 inches in diameter for fishing that is subject to the jurisdiction of the United States, including fishing by a vessel of the United States beyond the equivalent of the exclusive economic zone of all countries.''. (c) Rebuttable Presumption.--Section 310(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1860(e)) is amended-- (1) by aligning paragraph (3) with paragraph (2); and (2) by adding at the end the following: ``(4) For purposes of this Act, it shall be a rebuttable presumption that any vessel that is shoreward of the outer boundary of the exclusive economic zone or beyond the equivalent zone of all countries, and that has on board gear comprised of a bottom trawl net with rollers, bobbins, tires, rockhoppers, or any other device attached to the foot rope of the trawl net that is in excess of 8 inches in diameter, is engaged in fishing using such gear.''.

Ocean Habitat Protection Act of 2002 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to place size limits on ground gear used on bottom trawls. Treats as unlawful the use of rollers, bobbins, tires, rockhoppers, or any other devices attached to a trawl's foot rope that are more than eight inches in diameter for fishing subject to the jurisdiction of the United States.

A bill to protect diverse and structurally complex areas of the seabed in the United States exclusive economic zone by establishing a maximum diameter size limit on rockhopper, roller, and all other ground gear used on bottom trawls.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Patron Protection Act of 2017''. SEC. 2. MILITARY RESALE PATRON BENEFITS ADVISORY COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Military Resale Patron Benefits Advisory Commission'' (in this Act referred to as ``the Commission''). (b) Duties.--The duties of the Commission shall be to advise the Secretary of Defense regarding-- (1) the effects of the operations of military commissaries and exchanges on-- (A) patrons of military commissaries and exchanges; and (B) morale, welfare and recreation programs; (2) the sources and uses of revenue from military commissaries and exchanges, including surcharge funding; (3) fulfillment of the requirements under Section 661 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-840); (4) proposed reforms to the operations of military commissaries and exchanges that could effect-- (A) the use of revenue from military commissaries and exchanges (including surcharge funding); (B) the morale, welfare and recreation programs provided for members of the Armed Forces and their dependents; and (C) philanthropic programs that benefit members of the Armed Forces and their families; and (5) the possible effects of such reforms on the morale of members of the Armed Forces and their dependents. (c) Membership.-- (1) Number and appointment.--The Commission shall be comprised of seven members, appointed by the Secretary of Defense from military or veterans service organizations to represent the interests of patrons and beneficiaries of military commissaries and exchanges. (2) Terms.-- (A) In general.--Each member shall be appointed for a term of one year, subject to renewal by the Secretary of Defense. (B) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (3) Pay.--Members of the Commission shall serve without pay. (4) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence. (5) Chairperson.--Members of the Commission shall elect a Chairperson. (6) Meetings.--The Commission shall meet at the call of the Chairperson. (d) Director and Staff of Commission; Experts and Consultants.-- (1) Director.--The Secretary of Defense shall appoint a member of the Armed Forces to serve as the Director of the Commission. (2) Experts and consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (3) Staff of federal agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Powers of Commission.-- (1) 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. (2) 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. (3) 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. (4) Administrative support services.--Upon 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) Reports.-- (1) Interim reports.--The Commission may submit to the Secretary of Defense interim reports as the Commission considers appropriate. (2) Final report.--The Commission shall transmit a final report to the President and the Congress not later than the day on which the Commission terminates under subsection (g). The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislation or administrative actions the Commission considers appropriate. (g) Termination.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) notwithstanding, the Commission shall terminate upon the day that is five years after the date of the enactment of this Act. SEC. 3. REPORTS. (a) In General.--Not later than March 1, 2018, and annually thereafter for the subsequent four calendar years, the Secretary of Defense shall submit to the Congress an annual report regarding the following: (1) The use of funds generated by military commissaries and exchanges other than to-- (A) cover capital costs of such military commissaries and exchanges; (B) support morale, welfare and recreation programs; (C) provide services directly to members of the Armed Services or their families; or (D) support operations in a forward deployed or tactical environment. (2) The constitution and purpose of the respective boards of directors of the Military Exchanges and Commissary Operations and any determination by any such board to use proceeds covered in a report under paragraph (1). (3) Responses of the Secretary to any findings or proposals of the Commission. (4) Actions described in subsection (b), (c), or (d). (b) Notification Before Certain Expenditures.--The Secretary of Defense shall notify the Committees on Armed Services of the House of Representatives and the Senate and the Committees on Appropriations of the House of Representatives and the Senate no later than 90 days before expending any funds generated by a military commissary or exchange for a purpose other than those named in subsection (a)(1). (c) Notification Before Actions That Reduce Certain Contracts.--The Secretary of Defense shall notify the Committees on Armed Services of the House of Representatives and the Senate no later than 90 days before taking any action that would result in the reduction of a contract awarded by the Defense Commissary Agency that has been awarded to-- (1) a small, veteran-owned, woman-owned, or disadvantaged business concern; (2) a qualified nonprofit agency for the blind under section 8501(7) of title 41, United States Code; or (3) a qualified nonprofit agency for other severely disabled under section 8501(6) of title 41, United States Code.

Military Patron Protection Act of 2017 This bill establishes the Military Resale Patron Benefits Advisory Commission to advise the Department of Defense (DOD) on: the effects of military commissary and exchange operations on their patrons and on morale, welfare, and recreation programs; the sources and uses of commissary and exchange revenues; and fulfillment of the requirement to implement a comprehensive strategy to optimize management practices across the defense commissary and exchange systems. The Commission shall advise DOD on proposed reforms to commissary and exchange operations that could affect: the use of revenue; the morale, welfare, and recreation programs provided for, and the morale of, military members and dependents; and philanthropic programs that benefit members and their families. The bill requires DOD to: (1) report annually on the use of funds generated by commissaries and exchanges, the constitution and purpose of the boards of directors of the Military Exchanges and Commissary Operations and any determination to use such funds, and DOD responses to any commission proposals; (2) notify Congress before expending certain funds; and (3) notify Congress before taking action that would reduce a contract awarded by the Defense Commissary Agency to a small, veteran-owned, woman-owned, or disadvantaged business concern or a qualified nonprofit agency for the blind or other severely disabled.

Military Patron Protection Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Children from Electronic Cigarette Advertising Act of 2015''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) According to the Food and Drug Administration, because electronic cigarettes have not been fully studied, consumers currently do not know-- (A) the potential risks of electronic cigarettes when used as intended; (B) how much nicotine or other potentially harmful chemicals are being inhaled during use; or (C) if there are any benefits associated with using these products. (2) Most electronic cigarettes contain widely varying levels of nicotine, which is a highly addictive drug that impacts the cardiovascular system and can be lethal when delivered in high doses. (3) According to the Surgeon General, adolescents are particularly vulnerable to the adverse effects of nicotine and adolescent exposure to nicotine may have lasting adverse consequences for brain development. (4) Use of electronic cigarettes has risen in youth according to a study by the Centers for Disease Control and Prevention that was released in November 2014, which found that in two years, from 2011 to 2013, the percentage of middle and high school students who had ever used electronic cigarettes tripled. (5) Electronic cigarette use may lead children to become addicted to nicotine and could be a gateway to various tobacco products. (6) Marketing of electronic cigarettes to youth is occurring in the form of advertising using cartoons and sponsorships of events popular with youth such as concerts and sporting events. (7) According to a study published in June 2014 in the journal Pediatrics, youth exposure to television advertisements for electronic cigarettes increased by 256 percent during the 2011 to 2013 period, exposing 24,000,000 children to such advertisements. (b) Sense of Congress.--It is the sense of Congress that the Federal Trade Commission should prohibit the advertising, promoting, and marketing in commerce of electronic cigarettes to children as an unfair or deceptive act or practice, in order to protect the health of the youth of the United States. SEC. 3. PROHIBITION ON MARKETING OF ELECTRONIC CIGARETTES TO CHILDREN. (a) Electronic Cigarette Defined.-- (1) In general.--Except as provided in paragraph (2), in this section, the term ``electronic cigarette'' means any electronic device that delivers nicotine, flavor, or other chemicals via a vaporized solution to the user inhaling from the device, including any component, liquid, part, or accessory of such a device, whether or not sold separately. (2) Exception.--In this section, the term ``electronic cigarette'' shall not include any product that-- (A) has been approved by the Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes; and (B) is marketed and sold solely for a purpose approved as described in subparagraph (A). (b) Prohibition.-- (1) In general.--No person may advertise, promote, or market in commerce in a State described in paragraph (2) an electronic cigarette in a manner that-- (A) the person knows or should know is likely to contribute towards initiating or increasing the use of electronic cigarettes by children who are younger than 18 years of age; or (B) the Federal Trade Commission determines, regardless of when or where the advertising, promotion, or marketing occurs, affects or appeals to children described in subparagraph (A). (2) Covered states.--A State described in this paragraph is a State in which the sale of an electronic cigarette to a child who is younger than 18 years of age is prohibited by a provision of Federal or State law. (c) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive act or practice.--A violation of subsection (b)(1) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (B) Privileges and immunities.--Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Rulemaking.--The Federal Trade Commission shall promulgate standards and rules to carry out this section in accordance with section 553 of title 5, United States Code. (d) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to subsection (b)(1) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (A) to enjoin further violation of such subsection by such person; (B) to compel compliance with such subsection; (C) to obtain damages, restitution, or other compensation on behalf of such residents; (D) to obtain such other relief as the court considers appropriate; or (E) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties.-- (A) Calculation.--For purposes of imposing a civil penalty under paragraph (1)(E) with respect to a person who violates subsection (b)(1), the amount determined under this paragraph is the amount calculated by multiplying the number of days that the person is not in compliance with subsection (b)(1) by an amount not greater than $16,000. (B) Adjustment for inflation.--Beginning on the date on which the Bureau of Labor Statistics first publishes the Consumer Price Index after the date that is 1 year after the date of the enactment of this Act, and annually thereafter, the amounts specified in subparagraph (A) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) not later than 10 days before initiating the civil action. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Federal Trade Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (4) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (5) Preemptive action by federal trade commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (b)(1), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (6) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (7) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (e) Construction.--Nothing in this section shall be construed to limit or diminish the authority of the Food and Drug Administration to regulate the marketing of electronic cigarettes, including the marketing of electronic cigarettes to children. (f) Relation to State Law.--This section shall not be construed as superseding, altering, or affecting any provision of law of a State, except to the extent that such provision of law is inconsistent with the provisions of this section, and then only to the extent of the inconsistency.

Protecting Children from Electronic Cigarette Advertising Act of 2015 Prohibits electronic cigarette advertisements that appeal to children younger than 18 years of age in states in which the sale of an electronic cigarette to such children is prohibited by federal or state law. Bars electronic cigarette advertisements, promotions, or marketing in those states in a manner that is: (1) known, or should be known, to contribute toward initiating or increasing the use of electronic cigarettes by children under 18; or (2) determined by the Federal Trade Commission (FTC) to affect or appeal to such children regardless of when or where the advertising, promotion, or marketing occurs. Defines "electronic cigarette" as an electronic device that delivers nicotine, flavor, or other chemicals via a vaporized solution to a user inhaling from the device, including any component, liquid, part, or accessory. Excludes Food and Drug Administration-approved tobacco cessation or therapeutic products from such definition. Sets forth authority for: (1) the FTC to enforce violations as an unfair or deceptive act or practice, and (2) states to bring civil actions on behalf of residents threatened or adversely affected by such a violation. Establishes a civil penalty to be available in state actions that is calculated by multiplying the number of days that a person is not in compliance with such prohibition by an amount up to $16,000, adjusted annually for inflation. Allows the FTC to intervene and appeal in state actions.

Protecting Children from Electronic Cigarette Advertising Act of 2015

That this Act may be cited as the ``Small Business and Minority Small Business Procurement Opportunities Act of 1994''. SEC. 2. FUNCTIONS OF SMALL BUSINESS ADMINISTRATION. The Small Business Act is amended by adding the following new section: ``Sec. 29. The Administrator of the Small Business Administration, in coordination with other Federal agencies, shall-- ``(1) develop plans to coordinate and promote the use of the Federal Acquisition Computer Network by small businesses that incorporate outreach efforts by the Administration, agency Offices of Small and Disadvantaged Business Utilization, Small Business Development Centers, and other appropriate organizations; and ``(2) inform and provide consistent and comprehensive training on the Network for small businesses.''. SEC. 3. SMALL BUSINESS RESERVATION. Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is amended to read as follows: ``(j)(1) Each contract for the procurement of goods and services that has an anticipated value not in excess of $100,000 shall be reserved exclusively for small business concerns unless the contracting officer is unable to obtain offers from two or more small business concerns that (A) are competitive with market prices, and (B) are competitive with regard to the quality and delivery of the goods or services being procured. ``(2) In carrying out paragraph (1), a contracting officer shall consider any offer that is responsive and that is received in a timely manner from an eligible small business offeror. ``(3) Nothing in paragraph (1) shall be construed as precluding an award of a contract with a value not in excess of $100,000 under the authority of-- ``(A) section 8(a) of this Act; ``(B) section 2323 of title 10, United States Code; ``(C) section 316 of the Federal Property and Administrative Services Act of 1949; or ``(D) section 12 of the Business Opportunity Development Reform Act of 1988 (Public Law 100-656; U.S.C. 644 note). ``(4) In the case of contracts referred to in paragraph (1) that are entered into with small business concerns, contracting officers shall, wherever circumstances permit, provide for the use of fast payment terms and the disbursement of payment through electronic fund transfer. ``(5) A purchase by an executive agency with an anticipated value of the micro-purchase threshold or less shall not be subject to the small business reserve requirements of paragraph (1) of this subsection.''. SEC. 4. TECHNICAL AND CONFORMING CHANGES. (a) Section 3(m) of the Small Business Act (15 U.S.C. 632(m)) is amended to read as follows: ``(m) For purposes of this Act, the term `simplified acquisition threshold' has the meaning given such term in section 4A of the Office of Federal Procurement Policy Act (41 U.S.C. 403A) and the term `micro- purchase threshold' has the meaning given such term in section 4B(e) of the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).''. (b) Section 8(d)(2)(A) of the Small Business Act (15 U.S.C. 637(d)(2)(A)) is amended by striking out ``does not exceed the small purchase threshold'' and inserting in lieu thereof ``is for an amount not in excess of the simplified acquisition threshold''. SEC. 5. CONTRACT GOALS FOR SMALL BUSINESSES OWNED BY ECONOMICALLY AND SOCIALLY DISADVANTAGED INDIVIDUALS AND FOR CERTAIN INSTITUTIONS OF HIGHER EDUCATION. Section 8(g) of the Small Business Act is amended to read as follows: ``(g)(1) The President annually shall establish Government-wide goals for procurement contracts awarded to small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals. The Government-wide goal for participation by small business concerns shall be established at not less than 20 percent of the total value of all prime contract awards for each fiscal year. The Government-wide goal for participation by small business concerns owned and controlled by socially and economically disadvantaged individuals shall be established at not less than 5 percent of the total value of all prime contract and subcontract awards for each fiscal year. ``(2) A goal of 5 percent of the amount described in paragraph (5) shall be the objective of an executive agency in each of fiscal years 1994 through 2000 for the total combined amount obligated for contracts and subcontracts entered into with-- ``(A) small business concerns, including mass media and advertising firms, owned and controlled by socially and economically disadvantaged individuals, the majority of the earnings of which directly accrue to such individuals; ``(B) historically Black colleges and universities, including any nonprofit research institution that was an integral part of such a college or university before November 14, 1986; and ``(C) minority institutions (as defined in section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)), which, for the purposes of this section, shall include Hispanic-serving institutions (as defined in section 316(b)(1) of such Act (20 U.S.C. 1059c(b)(1)). ``(3) The head of the agency shall establish a specific goal within the overall 5 percent goal for the award of prime contracts and subcontracts to historically Black colleges and universities and minority institutions in order to increase the participation of such colleges and universities in the program provided for by this subsection. ``(4) The administration, in consultation with the Administrator of the Office of Federal Procurement Policy, shall provide procedures or guidelines for contracting officers to set goals which executive agency prime contractors that are required to submit subcontracting plans under subsection (d) in furtherance of the agency's program to meet the 5 percent goal specified in paragraph (2) should meet in awarding subcontracts, including subcontracts to minority-owned media, to entities described in that paragraph. ``(5) The requirements of paragraphs (2) through (4) for any fiscal year apply to the total value of all prime contract awards entered into by the executive agency for such fiscal year. ``(6) (A) To attain the goal specified in paragraph (2), the head of the agency shall provide technical assistance to the entities referred to in that subsection and, in the case of historically Black colleges and universities and minority institutions, shall also provide infrastructure assistance. ``(B) Technical assistance provided under this section shall include information about the program, advice about the agency's procurement procedures, instruction in preparation of proposals, and other such assistance as the agency head considers appropriate. If the resources of the executive agency are inadequate to provide such assistance, the agency head may enter into contracts with minority private sector entities with experience and expertise in the design, development, and delivery of technical assistance services to eligible individuals, business firms and institutions, acquisition agencies, and prime contractors. Agency contracts with such entities shall be awarded annually, based upon, among other things, the number of minority small business concerns, historically Black colleges and universities, and minority institutions that each such entity brings into the program. ``(C) The agency head shall, to the maximum extent practical, carry out programs under this section at colleges, universities, and institutions that agree to bear a substantial portion of the cost associated with the programs. ``(7) To attain the goal of paragraph (2), ``(A) The head of the agency shall-- ``(i) ensure that substantial progress is made in increasing awards of agency contracts to entities described in paragraph (2); ``(ii) exercise his utmost authority, resourcefulness, and diligence; and ``(iii) actively monitor and assess the progress of prime contractors of the agency in attaining such goal. ``(B) In making the assessment under subparagraph (A)(iii), the agency head shall evaluate the extent to which use of the authority provided in paragraphs (C) and (D) and compliance with the requirement in paragraph (E) is effective for facilitating the attainment of the goal. ``(C) To the extent practicable and when necessary to facilitate achievement of the 5 percent goal described in paragraph (2), the agency head shall make advance payments under section 305 of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) to contractors described in paragraph (2). The Federal Acquisition Regulation shall provide guidance to contracting officers for making advance payments to entities described in subsection (a)(1) under such section. ``(D) To the extent practicable and when necessary to facilitate achievement of the 5 percent goal described in paragraph (2), the agency head may enter into contracts using less than full and open competitive procedures (including awards under subsection (a) of this section) and partial set asides for entities described in paragraph (2), but shall pay a price not exceeding fair market cost by more than 10 percent in payment per contract to contractors or subcontractors described in paragraph (2). The agency head shall adjust the percentage specified in the preceding sentence for any industry category if available information clearly indicates that nondisadvantaged small business concerns in such industry category are generally being denied a reasonable opportunity to compete for contracts because of the use of that percentage in the application of this paragraph. ``(E) To the extent practicable, the agency head shall maximize the number of minority small business concerns, historically Black colleges and universities, and minority institutions participating in the program. ``(F) The administration, in consultation with the Administrator of the Office of Federal Procurement Policy, shall prescribe regulations which provide for the following: ``(i) Procedures or guidance for contracting officers to provide incentives for prime contractors described in paragraph (2) to increase subcontractor awards to entities described in such paragraph. ``(ii) A requirement that contracting officers emphasize the award of contracts to entities described in paragraph (2) in all industry categories, including those categories in which such entities have not traditionally dominated. ``(iii) Guidance to executive agency personnel on the relationship among the following programs: ``(I) The program implementing this subsection. ``(II) The program established under subsection (a). ``(III) The small business set-aside program established under section 15(a) of this Act (15 U.S.C. 644(a)). ``(iv) With respect to an agency procurement which is reasonably likely to be set aside for entities described in paragraph (2), a requirement that (to the maximum extent practicable) the procurement be designated as such a set-aside before the solicitation for the procurement is issued. ``(v) Policies and procedures which, to the maximum extent practicable, will ensure that current levels in the number or dollar value of contracts awarded under the program established under subsection (a) (15 U.S.C. 637(a)) and under the small business set-aside program established under section 15(a) of this Act (15 U.S.C. 644(a)) are maintained and that every effort is made to provide new opportunities for contract awards to eligible entities, in order to meet the goal of paragraph (2). ``(vi) Implementation of this section in a manner which will not alter the procurement process under the program established under subsection (a) of this Act (15 U.S.C. 637(a)). ``(vii) A requirement that one factor used in evaluating the performance of a contracting officer be the ability of the officer to increase contract awards to entities described in paragraph (2). ``(viii) Increased technical assistance to entities described in paragraph (2). ``(8)(A) Whoever for the purpose of securing a contract or subcontract under paragraph (2), misrepresents the status of any concern or person as a small business concern owned and controlled by a minority (as described in paragraph (2), shall be punished by imprisonment for not more than one year or a fine of not less than $10,000, or both. ``(B) The Federal Acquisition Regulation shall prohibit awarding a contract under this section to an entity described in paragraph (2) unless the entity agrees to comply with the requirements of section 15(o)(1) of this Act (15 U.S.C. 644(o)(1)). ``(9)(A) To the maximum extent practicable, the head of the agency shall-- ``(i) ensure that no particular industry category bears a disproportionate share of the contracts awarded to attain the goal established by paragraph (2); and ``(ii) ensure that contracts awarded to attain the goal established by paragraph (2) are made across the broadest possible range of industry categories. ``(B) Under procedures prescribed by the head of the agency and approved by the administration, a person may request the agency head to determine whether the use of small disadvantaged business set asides by a contracting activity of the agency has caused a particular industry category to bear a disproportionate share of the contracts awarded to attain the goal established for that contracting activity for the purposes of this subsection. Upon making a determination that a particular industry category is bearing a disproportionate share, the agency head shall take appropriate actions to limit the contracting activity's use of set asides in awarding contracts in that particular industry category. ``(10)(A) The administration shall issue regulations to ensure that potential contractors submitting sealed bids or competitive proposals to the executive agency for procurement contracts to be awarded under the program provided for by this subsection are complying with applicable subcontracting plan requirements of subsection (d) of this Act (15 U.S.C. 637(d)). ``(B) The regulations required by paragraph (A) shall ensure that, with respect to a sealed bid or competitive proposal for which the bidder or offeror is required to negotiate or submit a subcontracting plan under subsection (d) of this Act (15 U.S.C. 637(d)), the subcontracting plan shall be a factor in evaluating the bid or proposal. ``(11)(A) Not later than December 15 of each year, the administration shall submit to Congress a report on the progress of each executive agency toward attaining the goal of paragraph (2) during the preceding fiscal year. ``(B) The report required under paragraph (A) shall include a description of-- ``(i) the degree of participation by small businesses owned and controlled by socially and economically disadvantaged individuals in procurements conducted by each executive agency; and ``(ii) the extent of compliance by executive agencies with the goals for participation by such businesses required by paragraph (1), relating to Government-wide small business and small disadvantaged business goals for procurement contracts. ``(12) This subsection shall not be construed as modifying or superseding any other provision of law establishing a goal or requirement for an agency to obligate 5 percent or more of the total value of all prime contract awards entered into by the agency for a fiscal year with any entity described in paragraph (2). ``(13) The Coast Guard and the National Aeronautics and Space Administration (notwithstanding section 302(a)(1)) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) shall each be considered to be an executive agency for the purposes of this subsection. ``(14) This subsection applies to each of fiscal years 1994 through 2000.''. SEC. 6. TEST OF INNOVATIVE AND ALTERNATIVE PROCUREMENT PROCEDURES. Section 8(g) of the Small Business Act (15 U.S.C. 637(g)) (as amended by section 5 of this Act) is further amended by inserting the following: ``(15) The requirements of subsections (e) and (f) of this section may be waived by the Administrator of the Office of Federal Procurement Policy after consultation with the Administrator of the Small Business Administration in conducting innovative and alternative procurement test programs under section 9001 of the Federal Acquisition Improvement Act of 1994.''. HR 4263 IH----2

Small Business and Minority Small Business Procurement Opportunities Act of 1994 - Amends the Small Business Act (the Act) to direct the Administrator of the Small Business Administration (SBA) to: (1) develop plans to coordinate and promote the use of the Federal Acquisition Computer Network by small businesses that incorporate outreach efforts by various agencies and organizations; (2) inform and provide consistent and comprehensive training on the Network for small businesses; and (3) provide Minority Business Development Centers and other Department of Commerce minority assistance programs information on procurement opportunities and access to the Network. (Sec. 2) Requires each Federal contract for the procurement of goods and services not in excess of $100,000 or the simplified acquisition threshold, whichever is higher, to be reserved exclusively for small businesses unless the contracting officer is unable to obtain competitive offers from two or more small businesses. (Sec. 5) Revises provisions regarding contract goals for small businesses and small businesses owned by socially disadvantaged individuals. Expands such program to include small businesses owned by women. Increases the percentage goal for small business participation to at least 25 (currently, 20) percent of the total value of all prime contract awards in a fiscal year. Sets a minimum goal of five percent of the total value of all prime contract and subcontract awards in a fiscal year for participation by small businesses owned by women. Requires all executive agencies to establish a goal of at least five percent of contract and subcontract dollars per year to be expended through small businesses owned by socially disadvantaged individuals for fiscal years 1994 through 2000. Outlines administrative procedures with respect to the attainment of such goals, including the provision of appropriate technical assistance. Authorizes the use of advance payments and less than full and open competitive procedures when determined appropriate and in furtherance of the attainment of the contract goals. Requires appropriate regulations by the Administrator for Federal Procurement Policy. Provides civil and criminal penalties for the misrepresentation of a business as a business owned by socially disadvantaged individuals. Requires an agency head, upon request, to determine whether the use of small disadvantaged business set asides by a contracting activity of such agency has caused a particular industry category to bear a disproportionate share of the contracts awarded to attain the goal established for such contracting activity. Requires appropriate corrective action upon a positive finding. (Sec. 8) Requires procuring activities, until October 1, 1999, to report procurement awards with a dollar value between $10,000 and $100,000 in conformity with the procedures or the reporting of a contract award in excess of $25,000 that were in effect on October 1, 1992. Directs the SBA Administrator to propose a modification to the Federal Acquisition Regulation that provides for the use of specified fast payment terms. (Sec. 9) Provides deadlines for responses to requests by small businesses regarding contract administration matters. (Sec. 10) Prohibits contracting procurement agencies from using any market acceptance criterion that would preclude small businesses from being eligible for a contract award solely on the basis of being unable to supply a quantity of product when the same amount of product could be obtained from a number of small business suppliers. (Sec. 12) Requires the President to report annually to the Congress on the progress that small businesses owned by socially disadvantaged individuals and women are making in obtaining Federal procurement dollars. (Sec. 13) Makes certain requirements regarding the participation of small businesses and small businesses owned by socially disadvantaged individuals in contracts and subcontracts applicable to small businesses owned by women as well.

Small Business and Minority Small Business Procurement Opportunities Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employment Reduction Assistance Act of 1996''. SEC. 2. DEFINITIONS. For the purpose of this Act-- (1) the term ``agency'' means an Executive agency (as defined by section 105 of title 5, United States Code), but does not include the Department of Defense, the Central Intelligence Agency, or the General Accounting Office; and (2) the term ``employee'' means an employee (as defined by section 2105 of title 5, United States Code) who-- (A) is employed by an agency; (B) is serving under an appointment without time limitation; and (C) has been currently employed for a continuous period of at least 12 months; but does not include-- (i) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government; (ii) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in clause (i); (iii) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance; (iv) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (Public Law 103-226; 108 Stat. 111), would qualify for a voluntary separation incentive payment under section 3 of such Act; (v) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this Act or any other authority and has not repaid such payment; or (vi) an employee covered by statutory reemployment rights who is on transfer to another organization. SEC. 3. AGENCY PLANS; APPROVAL. (a) If the head of an agency determines that, in order to improve the efficiency of operations or to meet anticipated levels of budgetary resources, the number of employees employed by the agency must be reduced, the head of the agency may submit a plan to the Director of the Office of Management and Budget to pay voluntary separation incentives under this Act to employees of the agency who agree to separate from the agency, by retirement or resignation. The plan shall specify the planned employment reductions and the manner in which such reductions will improve operating efficiency or meet anticipated budget levels. The plan shall include a proposed period of time for the payment of voluntary separation incentives by the agency, and a proposed coverage for offers of incentives to agency employees, which may be on the basis of-- (1) any component of the agency; (2) any occupation or levels of an occupation; (3) any geographic location; or (4) any appropriate combination of the factors in paragraphs (1)-(3). (b) The Director of the Office of Management and Budget shall review each plan submitted to the Director under subsection (a) and approve or disapprove such plan, and may make appropriate modifications in the plan with respect to the time period in which voluntary separation incentives may be paid or with respect to the coverage of incentives on the basis of the factors in subsection (a) (1)-(4). SEC. 4. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. (a) In order to receive a voluntary separation incentive payment, an employee must separate from service with the employee's agency voluntarily (whether by retirement or resignation) during the period of time for which the payment of incentives has been authorized for the employee under the agency plan under section 3. An employee's agreement to separate with an incentive payment is binding upon the employee and the agency, unless the employee and the agency mutually agree otherwise. (b) A voluntary separation incentive payment-- (1) shall be paid in a lump sum after the employee's separation; (2) shall be equal to the lesser of-- (A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code (without adjustment for any previous payment made under such section), if the employee were entitled to payment under such section; or (B) if the employee separates-- (i) during fiscal year 1996 or 1997, $25,000; (ii) during fiscal year 1998, $20,000; (iii) during fiscal year 1999, $15,000; or (iv) during fiscal year 2000, $10,000; (3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit, except that this paragraph shall not apply to unemployment compensation funded in whole or in part with Federal funds; (4) shall not be taken into account in determining the amount of severance pay to which an employee may be entitled under section 5595 of title 5, United States Code, based on any other separation; and (5) shall be paid from the appropriations or funds available for payment of the basic pay of the employee. SEC. 5. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT. (a) An individual who has received a voluntary separation incentive payment under this Act and accepts any employment with the Government of the United States within 5 years after the date of the separation on which the payment is based shall be required to repay, prior to the individual's first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment. (b)(1) If the employment under subsection (a) is with an Executive agency (as defined by section 105 of title 5, United States Code), the United States Postal Service, or the Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (2) If the employment under subsection (a) is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (3) If the employment under subsection (a) is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual applicant available for the position. (c) For the purpose of this section, the term ``employment''-- (1) includes employment of any length or under any type of appointment, but does not include employment that is without compensation; and (2) includes employment under a personal services contract, as defined by the Director of the Office of Personnel Management. SEC. 6. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND. (a) In addition to any other payments which it is required to make under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, an agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the agency who is covered under subchapter III of chapter 83 or chapter 84 of title 5 to whom a voluntary separation incentive has been paid under this Act. (b) For the purpose of this section, the term ``final basic pay'', with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor. SEC. 7. REDUCTION OF AGENCY EMPLOYMENT LEVELS. (a) Total full-time equivalent employment in each agency shall be reduced by one for each separation of an employee who receives a voluntary separation incentive payment under this Act. The reduction will be calculated by comparing the agency's full-time equivalent employment for the fiscal year in which the voluntary separation payments are made with the actual full-time equivalent employment for the prior fiscal year. (b) The Office of Management and Budget shall monitor all agencies and take any action necessary to ensure that the requirements of this section are met. (c) The President shall take appropriate action to ensure that functions involving more than 10 full-time equivalent employees are not converted to contracts by reason of the enactment of this Act, except in cases in which a cost comparison demonstrates such contracts would be to the advantage of the Government. (d) The provisions of subsections (a) and (c) of this section may be waived upon a determination by the President that-- (1) the existence of a state of war or other national emergency so requires; or (2) the existence of an extraordinary emergency which threatens life, health, safety, property, or the environment so requires. SEC. 8. REPORTS. (a) Each agency which has received approval under section 3 of this Act to pay voluntary separation incentives shall, for each applicable quarter of each fiscal year and not later than 30 days after the date of such quarter, submit to the Office of Personnel Management a report providing-- (1) the number of employees who receive voluntary separation incentives for each type of separation involved; (2) the average amount of the incentives paid; (3) the average grade or pay level of the employees who received incentives; and (4) such other information as the Office may require. (b) No later than March 31st of each fiscal year, the Office of Personnel Management shall submit to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives a report which, with respect to the preceding fiscal year, shall include-- (1) for each agency which had approval to pay voluntary separation incentives during such preceding fiscal year, and on a combined basis for all such agencies-- (A) the number of employees who received voluntary separation incentives; (B) the average amount of such incentives; and (C) the average grade or pay level of the employees who received incentives; and (2) the number of waivers made under section 5 of this Act in the repayment of voluntary separation incentives, and for each such waiver-- (A) the reasons for the waiver; and (B) the title and grade or pay level of the position filled by each employee to whom the waiver applied. (c) Section 6 of the Federal Workforce Restructuring Act of 1994 (Public Law 103-226; 108 Stat. 111) is amended-- (1) by striking out ``December 31st'' and inserting ``March 31st''; and (2) by striking out paragraphs (1)-(4) and inserting in lieu thereof the following: ``(1) for each agency which paid voluntary separation incentives under section 3 during such preceding fiscal year, and on a combined basis for all such agencies-- ``(A) the number of employees who received voluntary separation incentives; ``(B) the average amount of such incentives; and ``(C) the average grade or pay level of the employees who received incentives; and ``(2) the number of waivers made by each agency or other authority under section 3 or the amendments made by section 8 in the repayment of voluntary separation incentives, and for each such waiver-- ``(A) the reasons for the waiver; and ``(B) the title and grade or pay level of the position filled by each employee to whom the waiver applied.''. SEC. 9. VOLUNTARY PARTICIPATION IN REDUCTIONS IN FORCE. Section 3502(f) of title 5, United States Code, is amended-- (1) in paragraph (1) by striking out ``The Secretary of Defense or the Secretary of a military department'' and inserting in lieu thereof ``Under procedures prescribed by Office of Personnel Management, the head of an agency''; (2) by amending paragraph (3) to read as follows: ``(3) An employee with critical knowledge and skills may not participate in a voluntary release under paragraph (1) if the head of the agency determines that such participation would impair the performance of the agency's mission.''; (3) by striking out paragraph (4); and (4) by redesignating paragraph (5) as paragraph (4), and by amending such paragraph by striking out ``September 30, 1996'' and inserting ``September 30, 2000''. SEC. 10. CONTINUED HEALTH INSURANCE COVERAGE. Section 8905a(d)(4) of title 5, United States Code, is amended-- (1) in subparagraph (A) by striking out ``in or under the Department of Defense''; (2) in subparagraph (B)-- (A) immediately after ``enactment'' by inserting the following ``(or, as applicable, amendment)''; (B) in clause (i) and (ii) each by striking out ``October 1, 1999'' and inserting ``October 1, 2000''; and (C) in clause (ii) by striking out ``February 1, 2000'' and inserting ``February 1, 2001''; and (3) in subparagraph (C) immediately after ``identified'' by inserting ``by the agency''. SEC. 11. REGULATIONS. The Director of the Office of Personnel Management may prescribe any regulations necessary to administer the provisions of this Act. SEC. 12. EFFECTIVE DATE. (a) The provisions of this Act shall take effect on the date of enactment of this Act. (b) No voluntary separation incentive under this Act may be paid based on the separation of an employee after September 30, 2000.

Federal Employment Reduction Assistance Act of 1996 - Authorizes the head of an agency to submit a plan to the Director of the Office of Management and Budget to pay voluntary separation incentives to employees of the agency who agree to separate from the agency by retirement or resignation. (Sec. 4) Provides that a voluntary separation incentive payment be paid in a lump sum after the employee's separation and be equal to the lesser of: (1) the amount the employee would have been entitled to receive (without adjustment for any previous payment); or (2) if the employee separates during a certain fiscal year, according to a specified payment amount for such fiscal year, from FY 1996 through FY 2000. (Sec. 5) Prescribes that an individual who has received a voluntary separation incentive payment and accepts any subsequent employment with the Government within five years after the date of separation shall be required to repay, prior to the first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment. Provides for waiver of repayment if the individual involved possesses unique abilities and is the only qualified applicant for the position. (Sec. 6) Requires that an agency make a contribution to the Civil Service Retirement and Disability Fund in an amount equal to 15 percent of the final basic pay of each agency employee to whom a voluntary separation incentive has been paid. (Sec. 7) Mandates the reduction of total full-time equivalent employment in each agency by one for each employee receiving a voluntary separation payment. Requires that the President take appropriate action to ensure that functions involving more than ten full-time equivalent employees are not converted to contracts except in cases in which a cost comparison demonstrates that such contracts would be to the advantage of the Government. Provides for the preceding two clauses to be waived upon a determination by the President that the existence of a state of war or other national emergency, or the existence of an extraordinary emergency so requires. (Sec. 8) Mandates certain reports. Makes technical amendments to the Federal Workforce Restructuring Act of 1994. (Sec. 9) Modifies requirements regarding the order of retention in a voluntary participation in a reduction in force. (Sec. 10) Provides for continued health insurance coverage for separated employees.

Federal Employment Reduction Assistance Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Growth and Jobs Act of 1994''. SEC. 2. TAX RELIEF IN THE EVENT OF LOW GROWTH. (a) Low-Growth Report.-- (1) In general.--At any time, the Director of the Office of Management and Budget (hereafter in this section referred to as the ``Director'') shall notify the President and the Congress if the Director has determined that for any of the periods described in paragraph (2)-- (A) economic growth as measured by the change in real Gross Domestic Product (GDP) at an annual rate is estimated to be less than 3 percent, and (B) the rate of national unemployment (seasonally adjusted) is estimated to be greater than 6.0 percent. (2) Testing periods.--For purposes of paragraph (1), the periods described in this paragraph are-- (A) the period consisting of the quarter during which the notification is given and the quarter preceding such notification, (B) the period consisting of the preceding 4 quarters, and (C) the period consisting of the 4 quarters following such notification. (b) Presidential Authorization of Temporary Tax Reductions.-- (1) Presidential declaration.--After notification under subsection (a), the President may issue a declaration that temporary income tax reductions are required for a specified calendar year to provide a quick and necessary fiscal stimulus to the economy. Any such declaration shall be transmitted to the Congress. (2) Temporary tax modifications.--If the President transmits a declaration under paragraph (1) to the Congress-- (A) Temporary tax reductions.-- (i) In general.--Effective for taxable years beginning in the calendar year specified in such declaration-- (I) the rates applicable to the first income bracket in the tax tables contained in section 1 of the Internal Revenue Code of 1986 shall be reduced by a percentage (not to exceed 13\1/3\ percent) specified in such declaration, and (II) the amounts set forth as tax in such tables shall be adjusted to reflect such rate reduction. (ii) Withholding adjustments.--The withholding tables or procedures prescribed by the Secretary of the Treasury or his delegate under section 3402(a) of such Code shall be modified so that, to the maximum extent possible, the full calendar year effect of such reduction is reflected through withholding reductions during the portion of the calendar year after such declaration. (B) Temporary surtax where economic growth requirements subsequently satisfied.-- (i) In general.--Effective for taxable years beginning in the first subsequent calendar year for which the economic growth requirements of paragraph (3) are satisfied-- (I) each rate of tax in the tax tables contained in section 1 of the Internal Revenue Code of 1986 shall be increased by the percentage determined under paragraph (4) for such year, and (II) the amounts set forth as tax in such tables shall be adjusted to reflect such rate increases. (ii) Withholding adjustments.--Effective for such subsequent calendar year, the withholding tables or procedures prescribed by the Secretary of the Treasury or his delegate under section 3402(a) of such Code shall be modified to reflect the increase in tax rates under clause (i). (3) Economic growth requirements.--The economic growth requirements of this paragraph are satisfied for any calendar year if, before the beginning of such calendar year, the President determines (and publishes such determination in the Federal Register) that for such calendar year and the immediately preceding calendar year-- (A) economic growth as measured by the change in the real Gross Domestic Product (GDP) is estimated to be greater than 4 percent, and (B) the rate of national unemployment (seasonally adjusted) is estimated to be less than 6.0 percent. (4) Rate increase percentage.--The percentage determined under this paragraph is the percentage increase in the tax rates contained in section 1 of the Internal Revenue Code of 1986 which the President estimates will result in an aggregate increase in receipts under chapter 1 of such Code equal to the aggregate decrease in receipts under such Code by reason of subparagraph (A) of paragraph (2). Such percentage shall be published in the Federal Register before the beginning of the calendar year for which the economic growth requirements of paragraph (2) are satisfied. (5) Special rules where more than 1 rate reduction.--If there has been more than 1 reduction under paragraph (2)(A) before any increase under paragraph (2)(B)-- (A) paragraph (2)(B) shall not be limited to the first subsequent calendar year for which the economic growth requirements of paragraph (3) are satisfied, but (B) the percentage determined under paragraph (4) for each such subsequent calendar year shall be determined by taking into account only the decrease in receipts under such Code with respect to taxable years beginning in a single calendar year, beginning with the earliest calendar year with respect to which a percentage increase has not been determined under paragraph (4). SEC. 3. TREATMENT UNDER PAY-AS-YOU-GO PROCEDURES. Any reduction or increase in receipts resulting from section 2 of this Act shall not be considered for any purpose under the Balanced Budget and Emergency Deficit Control Act of 1985.

Economic Growth and Jobs Act of 1994 - Grants the President authority to declare temporary tax reductions based on economic growth and the rate of national unemployment. Provides for a temporary surtax when the economic growth requirements are subsequently satisfied.

Economic Growth and Jobs Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food for Peace Reform Act of 2015''. SEC. 2. FOOD FOR PEACE PROGRAM. (a) In General.--Title XII of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2220a et seq.) is amended-- (1) by redesignating section 300 (22 U.S.C. 2220e) as section 300A; and (2) by inserting after section 299 (22 U.S.C. 2220d) the following: ``SEC. 300. FOOD FOR PEACE PROGRAM. ``(a) Establishment.--There is established in the United States Agency for International Development (referred to in this section as the `Agency') a food assistance program, which shall be known as the `Food for Peace Program'. ``(b) Emergency Assistance.--Notwithstanding any provision of law that prohibits or otherwise unduly restricts the Administrator of the Agency (referred to in this Act as the `Administrator') from carrying out the activities authorized under this section, the Administrator, under the Food for Peace Program, is authorized to provide assistance, consistent with this section, including through the provision of agricultural commodities produced in the United States or acquired through local or regional procurement (including products derived from agricultural commodities), funds, and vouchers to meet emergency food needs arising from manmade and natural disasters, including famines and other food crises. ``(c) Nonemergency Assistance.-- ``(1) Objectives.--Notwithstanding section 55305 of title 46, United States Code, the Administrator, under the Food for Peace Program, is authorized to provide assistance, directly or through eligible organizations described in paragraph (2), and consistent with this section, including through the provision of agricultural commodities produced in the United States or acquired through local or regional procurement (including products derived from agricultural commodities), funds, and vouchers to carry out nonemergency food security programs in foreign countries to achieve any of the following objectives: ``(A) Combating malnutrition, especially in infants, children, and mothers, including through appropriate health interventions directly related to alleviating or preventing malnutrition. ``(B) Addressing hunger needs. ``(C) Mitigating food crises, particularly with respect to vulnerable populations. ``(D) Promoting resilient food security through integrated and holistic programs that-- ``(i) improve agricultural productivity; ``(ii) diversify incomes for vulnerable populations within the agricultural and other related sectors to reduce food insecurity; ``(iii) enhance community and other development activities significantly linked to agricultural activities; and ``(iv) improve environmental practices. ``(2) Eligible organizations.--An organization is eligible to receive assistance under paragraph (1) if the organization is-- ``(A) a private voluntary organization or cooperative that is registered with the Administrator; ``(B) directly supervised by an organization described in subparagraph (A); or ``(C) an intergovernmental organization, such as the World Food Program. ``(d) Minimum Funding for Nonemergency Assistance.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), of the amounts made available to carry out emergency and nonemergency food assistance programs under this section, not less than 20 percent nor more than 30 percent shall be expended for each fiscal year to carry out subsection (c). ``(2) Minimum level.--The amount made available to carry out subsection (c) shall not be less than $375,000,000 for any fiscal year. ``(3) Waiver.--The Administrator may waive the requirements under paragraphs (1) and (2) after certifying to the appropriate congressional committees that-- ``(A)(i) additional funds are required to provide food assistance to meet an urgent humanitarian need; and ``(ii) other sources of funds authorized for use in emergency situations have already been obligated; ``(B) additional funds subject to the waiver under this paragraph are-- ``(i) first paid from unobligated funds; and ``(ii) only paid from obligated funds if the additional funds are necessary to meet an urgent and compelling humanitarian need; and ``(C) if the urgent humanitarian need is reasonably expected to continue beyond the fiscal year during which the need began, the budget request of the President for the subsequent fiscal year will include a request for emergency food assistance funding authorized under subsection (b) to account for the additional funds required to address the need. ``(4) Replenishment.--If the Administrator waives the requirement described in paragraph (1), pursuant to paragraph (3), the Administrator may expend funds authorized under section 302 of the Agricultural Act of 1980 (7 U.S.C. 1736f-1) in an amount equal to the total amount of funds subject to the waiver to provide assistance under subsection (c). ``(e) Description of Intended Uses.--A proposal submitted by any eligible organization to enter into an agreement for a nonemergency food assistance agreement program with the Administrator under subsection (c) shall include-- ``(1) a description of the proposed program; ``(2) a description of the manner in which the proposed program would address 1 or more of the objectives described in subsection (c) in the region in which the proposed program is to be implemented; ``(3) the amount of funds requested; ``(4) a description of any agricultural commodities and products derived from agricultural commodities that would be used to implement the proposed program; ``(5) a description of the manner in which the organization would work with indigenous institutions and communities to carry out the proposed program; ``(6) a description of the proposed output impact and other indicators that would be used to-- ``(A) monitor the progress of the proposed program; and ``(B) assist in determining whether the activities funded under the proposed program are achieving program objectives; ``(7) a description of proposed baseline data-- ``(A) that would be collected, to the maximum extent practicable; and ``(B) against which indicators can be measured; and ``(8) a plan for measuring and reporting progress towards achieving program objectives, outcomes, and other indicators. ``(f) Food Aid Consultative Group.-- ``(1) Establishment.--There is established the Food Aid Consultative Group (referred to in this section as the `Group'), which-- ``(A) shall meet regularly; and ``(B) may organize into subcommittees, as appropriate, to review and address issues concerning-- ``(i) the effectiveness of the regulations and procedures that govern food assistance programs established and implemented under this section; and ``(ii) the implementation of other provisions of this section that may involve eligible organizations described in subsection (c). ``(2) Membership.--The Group shall be composed of-- ``(A) the Administrator; ``(B) the Under Secretary of Agriculture for Farm and Foreign Agricultural Services; ``(C) the Inspector General of the Agency; ``(D) a representative of each private voluntary organization and cooperative participating in a program under this section, or receiving planning assistance funds from the Agency to establish programs under this section; ``(E) representatives from African, Asian, and Latin American indigenous nongovernmental organizations determined appropriate by the Administrator; ``(F) representatives from agricultural producer groups in the United States; ``(G) representatives from the United States agricultural processing sector involved in providing agricultural commodities for programs under this section; ``(H) representatives from the maritime transportation sector involved in transporting agricultural commodities overseas for programs under this section; and ``(I) nutrition science experts from academia and nongovernmental organizations. ``(3) Chairperson.--The Administrator shall be the chairperson of the Group. ``(4) Consultations.--Not later than 45 days before a proposed regulation, handbook, or guideline implementing this section, or a proposed significant revision to a regulation, handbook, or guideline implementing this section, becomes final, the Administrator shall provide the proposal to the Group for review and comment. ``(5) Coordination and oversight.-- ``(A) In general.--The Administrator shall work within the Group to take the actions described in subsection (B) to increase coordination and oversight of food assistance programs established and implemented under this Act, with a primary focus on improving quality control and cost effectiveness. ``(B) Actions described.--The actions referred to in subparagraph (A) are the following: ``(i) Explore and test options for improved packaging and storage of products to improve shelf life, promote recommended usage by intended beneficiaries, and oversee field- testing of products. ``(ii) Work closely with the Department of Agriculture, to undertake reforms in commodity acquisition and supply chain management, drawing on best commercial practices for vendor selection, quality assurance standards, overall management of the supply chain, and auditing of food aid commodity suppliers. ``(iii) Develop mechanisms and partnerships to facilitate more private sector development and innovation in food aid products, packaging, and delivery in order to improve the cost- effectiveness, nutritional quality, and overall acceptability of the product. ``(iv) Provide guidance to implementing partners on whether and how best to use food aid commodities, such as new specialized food products, including guidance on targeting strategies to ensure that the products reach their intended recipients. ``(v) Work to strengthen the monitoring of commodity quality, as appropriate, by identifying and tracking key quality indicators to determine the full extent of quality problems, including emerging concerns. ``(vi) Establish processes and system-wide protocols for effective monitoring and evaluation of impact, to inform improved program design, and to address improvements in cost-effectiveness. ``(6) Advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Group. ``(g) Administrative Provisions.-- ``(1) Food aid quality.-- ``(A) In general.--The Administrator shall use funds made available to carry out the Food for Peace Program authorized under this section-- ``(i) to assess the types and quality of agricultural commodities and products donated for food aid; ``(ii) to adjust products and formulations (including the potential introduction of new fortificants and products) as necessary to cost-effectively meet nutrient needs of target populations; ``(iii) to test prototypes; ``(iv) to adopt new specifications, or to improve existing specifications, for micronutrient fortified food aid products, based on the latest developments in food and nutrition science, and in coordination with other international partners; ``(v) to develop new program guidance to facilitate improved matching of products to purposes having nutritional intent, in coordination with other international partners; ``(vi) to develop improved guidance for implementing partners on how to address nutritional deficiencies that emerge among recipients for whom food assistance is the sole source of diet in emergency programs that extend beyond 1 year, in coordination with other international partners; and ``(vii) to evaluate, in appropriate settings and as necessary, the performance and cost-effectiveness of new or modified specialized food products and program approaches designed to meet the nutritional needs of the most vulnerable groups, such as pregnant and lactating mothers, and children younger than 5 years of age. ``(B) Administration.--In carrying out subparagraph (A), the Administrator-- ``(i) shall consult with independent entities with proven expertise in food aid commodity quality enhancements; ``(ii) may enter into contracts to obtain the services of the entities described in clause (i); and ``(iii) shall consult with the Food Aid Consultative Group established under subsection (f). ``(2) Freight procurement.--Notwithstanding division C of subtitle I of title 41, United States Code, or other similar provisions of law relating to the making or performance of Federal Government contracts, ocean transportation authorized under this section may be procured on the basis of full and open competitive procedures. Resulting contracts may contain such terms and conditions as the Administrator determines to be necessary and appropriate. ``(3) Limitation.--No assistance shall be made available through the Food for Peace Program under this section unless the Administrator determines that the provision of the agricultural commodity in the recipient country would not-- ``(A) result in a substantial disincentive to, or interference with, the domestic production or marketing of agricultural commodities in the recipient country; or ``(B) have a disruptive impact on the agricultural producers or the local economy of the recipient country. ``(4) Effect on sales of united states agricultural commodities.--In carrying out the Food for Peace Program under this section, the Administrator shall take reasonable precautions to avoid displacing any sales of United States agricultural commodities that the Administrator determines would otherwise occur. ``(h) Authorization of Appropriations.--There is authorized to be appropriated, for fiscal year 2015 and each fiscal year thereafter, $2,400,000,000, which shall be used to carry out the Food for Peace Program established under this section.''. (b) Repeal of Title II of Food for Peace Act.--Title II of the Food for Peace Act (7 U.S.C. 1721 et seq.) is repealed. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that the United States Merchant Marine-- (1) is a critical component of our Nation's military and economic security; (2) consists of a fleet of private, merchant ships that are registered in the United States and provide domestic and international transportation for passengers and cargo; and (3) with the dedicated crews of mariners that operate the fleet, is an essential part of defense capacity in times of peace and in times of war.

Food for Peace Reform Act of 2015 Establishes the Food for Peace program in the U.S. Agency for International Development (USAID) under the Foreign Assistance Act of 1961. (Repeals authority for the current program under title II of the Food for Peace Act, including certain U.S. commodity purchase, U.S. cargo, and monetization requirements.) Authorizes USAID to provide emergency and nonemergency foreign assistance, including through the provision of U.S. commodities or local or regional procurement. Authorizes nonemergency assistance to combat malnutrition and hunger, mitigate food crises, and promote resilient food security. Sets forth minimum funding levels for nonemergency assistance. Establishes the Food Aid Consultative Group, which shall: test options for improved product packaging and storage; reform commodity acquisition and supply chain management; increase private sector development in food aid products, packaging, and delivery; provide guidance on how best to use food aid commodities, including guidance on ensuring that the products reach their intended recipients; and strengthen commodity quality monitoring. Requires USAID to: assess the types and quality of agricultural commodities and products donated for food aid; adjust products to cost-effectively meet nutrient needs of target populations; test prototypes; adopt new, or improve existing, specifications for micronutrient fortified food aid products; develop program guidance for matching products to nutrient purposes; and evaluate performance and cost-effectiveness of food products and programs for vulnerable groups, such as pregnant mothers and young children. Authorizes ocean transportation of agricultural commodities to be procured through full and open competitive procedures. Requires USAID to avoid displacing sales of U.S. agricultural commodities. Prohibits Program assistance from being made available unless USAID determines that the provision of the agricultural commodity in the recipient country would not: (1) result in substantial interference with the domestic production or marketing of agricultural commodities in the country, or (2) have a disruptive impact on the agricultural producers or the local economy of the country. Expresses the sense of Congress that the U.S. Merchant Marine: (1) is a critical component of the nation's military and economic security; (2) consists of a fleet of private, U.S.-registered merchant ships that provides domestic and international transportation for passengers and cargo; and (3) is an essential part of defense capacity in times of peace and in times of war.

Food for Peace Reform Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bioenergy Act of 2001''. SEC. 2. FINDINGS. Congress finds that bioenergy has potential to help-- (1) meet the Nation's energy needs; (2) reduce reliance on imported fuels; (3) promote rural economic development; (4) provide for productive utilization of agricultural residues and waste materials; and (5) protect the environment. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``appropriate congressional committees'' means-- (A) the Committee on Science and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate; (2) the term ``biofuels'' includes production of industrial chemicals; (3) the term ``Department'' means the Department of Energy; and (4) the term ``Secretary'' means the Secretary of Energy. SEC. 4. AUTHORIZATION. The Secretary is authorized to conduct environmental research and development, scientific and energy research, development, and demonstration, and commercial application of energy technology programs, projects, and activities related to bioenergy, including biopower energy systems, biofuels energy systems, and integrated bioenergy research and development (including biofuels). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) Biopower Energy Systems.--There are authorized to be appropriated to the Secretary for Biopower Energy Systems programs, projects, and activities for which specific sums are not authorized under other authority of law-- (1) $45,700,000 for fiscal year 2002; (2) $52,500,000 for fiscal year 2003; (3) $60,300,000 for fiscal year 2004; (4) $69,300,000 for fiscal year 2005; and (5) $79,600,000 for fiscal year 2006. (b) Biofuels Energy Systems.--There are authorized to be appropriated to the Secretary for biofuels energy systems programs, projects, and activities for which specific sums are not authorized under other authority of law-- (1) $53,500,000 for fiscal year 2002; (2) $61,400,000 for fiscal year 2003; (3) $70,600,000 for fiscal year 2004; (4) $81,100,000 for fiscal year 2005; and (5) $93,200,000 for fiscal year 2006. (c) Integrated Bioenergy Research and Development.--There are authorized to be appropriated to the Secretary for integrated bioenergy research and development (including biofuels) programs, projects, and activities for which specific sums are not authorized under other authority of law, $49,000,000 for each of the fiscal years 2002 through 2006. Activities funded under this subsection shall be coordinated with ongoing related programs of other Federal agencies. SEC. 6. LIMITS ON USE OF FUNDS. (a) Federal Acquisition Regulation.-- (1) Requirement.--None of the funds authorized to be appropriated by this Act may be used to award, amend, or modify a contract of the Department in a manner that deviates from the Federal Acquisition Regulation, unless the Secretary grants, on a case-by-case basis, a waiver to allow for such a deviation. The Secretary may not delegate the authority to grant such a waiver. (2) Congressional notice.--At least 60 days before a contract award, amendment, or modification for which the Secretary intends to grant such a waiver, the Secretary shall submit to the appropriate congressional committees a report notifying the committees of the waiver and setting forth the reasons for the waiver. (b) Production or Provision of Articles or Services.--None of the funds authorized to be appropriated by this Act may be used to produce or provide articles or services for the purpose of selling the articles or services to a person outside the Federal Government, unless the Secretary determines that comparable articles or services are not available from a commercial source in the United States. (c) Requests for Proposals.--None of the funds authorized to be appropriated by this Act may be used by the Department to prepare or initiate Requests for Proposals for a program, project, or activity if the program, project, or activity has not been specifically authorized by Congress. (d) Trade Associations.--None of the funds authorized to be appropriated by this Act may be used either directly or indirectly to fund a grant, contract, subcontract, or any other form of financial assistance awarded by the Department to a trade association on a noncompetitive basis. SEC. 7. COST SHARING. (a) Research and Development.--The Secretary shall require, for research and development programs, projects, and activities carried out by industry under this Act, a commitment from non-Federal sources of at least 20 percent of the cost of such programs, projects, and activities. (b) Demonstration and Commercial Application.--The Secretary shall require a commitment from non-Federal sources of at least 50 percent of the cost of any demonstration or commercial application program, project, or activity conducted under this Act. SEC. 8. LIMITATION ON DEMONSTRATIONS AND COMMERCIAL APPLICATIONS OF ENERGY TECHNOLOGY. The Secretary shall provide funding for scientific or energy demonstration or commercial application of energy technology programs, projects, or activities of the Department only for technologies or processes that can be reasonably expected to yield new, measurable benefits to the cost, efficiency, or performance of the technology or process.

Bioenergy Act of 2001 - Authorizes the Secretary of Energy to conduct environmental research and development, scientific and energy research, development, and demonstration, and commercial application of energy technology programs, projects, and activities related to bioenergy, including biopower energy systems, biofuels energy systems, and integrated bioenergy research and development (including biofuels).Authorizes appropriations for biopower energy systems, biofuels energy systems, and integrated bioenergy research and development.Mandates specified cost-sharing commitments from non-Federal sources.

To authorize appropriations for environmental research and development, scientific and energy research, development, and demonstration, and commercial application of energy technology bioenergy programs, projects, and activities of the Department of Energy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Obstetric Fistula Surgical Repair, Assistance, and Prevention Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Obstetric fistula is a devastating condition that occurs during childbirth when prolonged pressure of the baby's head against the mother's pelvis can lead to the child's death as well as cut off the blood supply of the tissues surrounding the woman's vagina, bladder, or rectum, causing those tissues to deteriorate, and thus leaving an open hole, or fistula. (2) Obstetric fistula can be excruciatingly painful and often causes a woman to lose control of her bowel movements. (3) To date, an estimated 2,000,000 cases of obstetric fistula have been reported worldwide--mostly in Africa among women who are very young, delivering their first child, lacking proper nutrition and maternity care, and living in rural areas. (4) The actual number of women who have obstetric fistula may actually be much higher due to a lack of adequate reporting. For example, an additional estimate contends that in Nigeria alone, approximately 1,000,000 women suffer from obstetric fistula. (5) It is estimated that 50,000 to 100,000 new cases of obstetric fistula occur each year, mostly involving women under the age of 20. (6) Women who suffer from obstetric fistula may also suffer from social isolation because they are often abandoned by their husbands, families, and employers. (7) Women who suffer from obstetric fistula may also suffer severe emotional stress from their condition and social isolation that is often magnified by the death of their child during labor. (8) Obstetric fistula can be prevented through increased access by women to emergency obstetrical care, a postponement of sexual activity and childbearing past the teenage years, and increased training for birth attendants in local communities. (9) Obstetric fistula can also be treated through a relatively minor surgical procedure that is 90 percent effective and which can cost as little as $150. (10) A large percentage of women who suffer from obstetric fistula are unaware that treatment exists and may spend their entire lives suffering from this condition needlessly. (11) Unfortunately, there are few treatment centers or hospitals with the capacity to treat obstetric fistula in developing countries, particularly countries in Africa, and demand for services and surgery far exceed the supply. (12) Currently the United States Agency for International Development provides assistance for programs that target prevention of obstetric fistula but not programs that target treatment of obstetric fistula. (13) Tens of thousands of women in developing countries suffering from obstetric fistula could be successfully treated if adequate resources were devoted to this objective. (b) Purpose.--The purpose of this Act is to ensure that, in addition to the prevention of obstetric fistula, treatment of obstetric fistula is an important priority of United States bilateral foreign assistance programs, including through-- (1) the establishment and expansion of the capacity to treat obstetric fistula in developing countries, including through the provision of surgery and post-surgery care; and (2) the reduction of the incidence of obstetric fistula in developing countries, including through the conduct of appropriate seminars and the dissemination of appropriate educational materials, such as brochures, pamphlets, and posters. SEC. 3. DEFINITION. In this Act, the term ``obstetric fistula'' means a rupture or hole in tissues surround a woman's vagina, bladder, or rectum that occurs when the woman is in obstructed childbirth for a prolonged period of time without adequate medical attention. SEC. 4. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961. Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: ``(4)(A) In carrying out the purposes of this subsection, the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for the establishment and operation of not less than twelve centers for the treatment of obstetric fistula at appropriate sites in developing countries. ``(B) In selecting sites for the establishment of centers pursuant to subparagraph (A), the President should seek the consultation and advice of United States embassy officials, appropriate nongovernmental organizations, and local government officials in developing countries with high rates of obstetric fistula, with particular emphasis on countries in Africa. ``(C) Each center established pursuant to subparagraph (A) shall, to the maximum extent practicable, carry out the following activities: ``(i) The provision of surgery to repair obstetric fistula in women who do not otherwise have the resources to pay for such surgery and the provision of necessary post-surgery care and support for such women. ``(ii) Assistance related to surgery and post-surgery care and support described in clause (i), including the provision of transportation to and from the center for women in need of such transportation and the provision of necessary temporary shelter and food assistance to women in need of such shelter and food assistance. ``(iii) Activities to reduce the incidence of obstetric fistula, including the conduct of appropriate seminars and the dissemination of appropriate educational materials, such as brochures, pamphlets, and posters. ``(D) Not later than January 31 of each year, the President shall prepare and transmit to Congress a report on the implementation of this paragraph for the prior fiscal year. ``(E) In addition to amounts otherwise available for such purpose, there are authorized to be appropriated to the President $35,000,000 for each of the fiscal years 2005 and 2006 to carry out this paragraph. Amounts appropriated under this clause are authorized to remain available until expended. ``(F) In this paragraph, the term `obstetric fistula' means a rupture or hole in tissues surrounding a woman's vagina, bladder, or rectum that occurs when the woman is in obstructed childbirth for a prolonged period of time without adequate medical attention.''.

Obstetric Fistula Surgical Repair, Assistance, and Prevention Act of 2004 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance for the establishment in developing countries of at least twelve obstetric fistula treatment centers. States that in selecting sites the President should consult with U.S. embassy officials, nongovernmental organizations, and local government officials in developing countries with high rates of obstetric fistula, with particular emphasis on countries in Africa.

To amend the Foreign Assistance Act of 1961 to provide for the establishment of centers for the treatment of obstetric fistula in developing countries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Communities Investment Act of 2006''. SEC. 2. EXCLUSION FOR INTEREST ON LOANS SECURED BY AGRICULTURAL REAL ESTATE AND RURAL HOUSING . (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139A the following new section: ``SEC. 139B. INTEREST ON LOANS SECURED BY AGRICULTURAL REAL ESTATE AND RURAL HOUSING. ``(a) Exclusion.--Gross income shall not include interest received by a qualified lender on any qualified real estate loan. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified lender.--The term `qualified lender' means any bank or savings association the deposits of which are insured under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.). ``(2) Qualified real estate loan.--The term `qualified real estate loan' means-- ``(A) any indebtedness (including the refinancing of indebtedness) secured by agricultural real estate or by a leasehold mortgage (with a status as a lien) on agricultural real estate, or ``(B) any indebtedness-- ``(i) acquired for the purpose of purchasing or improving rural housing, and ``(ii) secured by such rural housing or by a leasehold mortgage (with a status as a lien) on such rural housing. ``(3) Agricultural real estate.-- ``(A) In general.--The term `agricultural real estate' means real property used or available for the production of 1 or more agricultural products. ``(B) When determination made.--For purposes of subparagraph (A), the determination of whether property securing any indebtedness is agricultural real estate shall be made as of the time the interest income on such indebtedness accrues. ``(4) Rural housing.-- ``(A) In general.--The term `rural housing' means any single family residence which is located in a rural area and which is the principal residence (within the meaning of section 121) of the borrower. ``(B) When determination made.--The determination of whether property qualifies as rural housing with respect to any indebtedness shall be made as of the date such indebtedness originates. ``(5) Rural area.--The term `rural area' means an area (as determined by the Secretary of Agriculture) which is not within a metropolitan statistical area (as defined by the Office of Management and Budget) and which has a population (determined on the basis of the most recent decennial census for which date are available) of 2,500 or less. ``(c) Coordination With Section 265.--For purposes of this section, the rules of section 265 shall apply, as follows: ``(1) In general.--Qualified real estate loans shall be treated as an obligation described in section 265(a)(2). ``(2) Pro rata allocation of interest expense of financial institutions to tax-exempt interest.--In applying section 265(b)-- ``(A) the term `tax-exempt obligation', as defined in paragraph (4)(B) thereof, shall include a qualified real estate loan, ``(B) the term `financial institution', as defined in paragraph (5) thereof, shall include a qualified lender, and ``(C) the term `qualified tax-exempt obligation', as defined in paragraph (3)(B) thereof, shall include a qualified real estate loan made after December 31, 2005, to a qualified small borrower. For purposes of subparagraph (C), the term `qualified small borrower' means, with respect to qualified real estate loans received during any calendar year, any borrower if the reasonably anticipated amount of qualified real estate loans which will be received by such borrower during such calendar year does not exceed $10,000,000.''. (b) Clerical Amendment.--The table of sections for such part III is amended by inserting after the item relating to section 139A the following new item: ``Sec. 139B. Interest on loans secured by agricultural real estate and rural housing.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Rural Communities Investment Act of 2006 - Amends the Internal Revenue Code to exclude from gross income interest received by a bank or savings association insured under the Federal Deposit Insurance Act on a loan acquired to purchase or improve rural housing and secured by rural housing or by a leasehold mortgage on such housing. Defines "rural housing" as any single family principal residence located in a rural area.

To amend the Internal Revenue Code of 1986 to exclude from gross income interest received on loans secured by agricultural real estate and rural housing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Meaningful Petition Outreach While Enhancing Rights of States Act of 2018'' or the ``EMPOWERS Act of 2018''. SEC. 2. GREATER COUNTY AND STATE INVOLVEMENT. (a) County and State Consultation on Petitions.--Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended by adding at the end the following: ``(E) Listing petition review requirements.-- ``(i) Not later than 30 days before submitting to the Secretary a petition to list, delist, or reclassify a species that occurs in the United States, or to revise a designation of critical habitat of such a species, the petitioner shall provide to the chief executive of each county and State in which the species is located a notice of intent to submit such petition. ``(ii) The Secretary shall, upon finding that a petitioned action to list a species as a threatened species or endangered species may be warranted, solicit from the chief executive of each county and State in which the species is located-- ``(I) information regarding threats to the species and efforts by the county or State, respectively, to protect the species; ``(II) information about the anticipated effects of the action requested in the petition in that county or State, respectively; and ``(III) the advice of the chief executive on whether the status of the species merits the action requested in the petition, including information in support of such advice. ``(iii) The Secretary may verify by field testing the information presented in a petition asserting that a species is a threatened species or endangered species. ``(iv) If a chief executive advises under clause (ii)(III) that the petitioned-for action is not warranted, the Secretary may not proceed with the action unless the Secretary demonstrates that information submitted in support of such advice by the chief executive is incorrect and that the action is warranted.''. (b) Regulations To Implement Determinations.--Section 4(b)(5) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(5)) is amended to read as follows: ``(5) Notice required.--With respect to any regulation proposed by the Secretary to implement a determination referred to in subsection (a)(1), the Secretary shall-- ``(A) not less than 90 days before the effective date of the regulation-- ``(i) publish a general notice and the complete text of the proposed regulation in the Federal Register; ``(ii) provide notice of the proposed regulation (including the complete text of the regulation) to the chief executive of county and State in which the species is located, and invite such chief executive to submit to the Secretary a determination as to whether the proposed regulation is warranted; and ``(iii) if the chief executive notifies the Secretary that the proposed regulation is not warranted, provide to the chief executive a record of decision for such determination, including information made available to the Secretary that did not support the determination and in writing the reasons for the determination; ``(B) in cooperation with the Secretary of State, provide notice of the proposed regulation to each foreign nation in which the species is located or whose citizens harvest the species on the high seas, and invite the comment of such nation thereon; ``(C) provide notice of the proposed regulation to-- ``(i) each person who requests such notice; ``(ii) each person who has submitted additional data on the proposed regulation; ``(iii) each county, State, and local government within the jurisdiction of which the species is located or that is likely to experience any effects of any measures to protect the species under this Act; and ``(iv) such professional scientific organizations as the Secretary considers appropriate; ``(D) publish a summary of the proposed regulation on the internet; and ``(E) promptly hold one public hearing on the proposed regulation if any person files a request for such a hearing within 45 days after the date of publication of general notice.''. (c) Consultation on Final Determination.--Section 4(i) of the Endangered Species Act of 1973 (16 U.S.C. 1533(i)) is amended to read as follows: ``(i) Written Justification.--If the Secretary adopts a final regulation in conflict with advise submitted by the chief executive of a county or State or fails to adopt a regulation pursuant to an action petitioned for by such a chief executive under subsection (b)(3), the Secretary shall submit to the chief executive-- ``(1) a separate written justification explaining the failure of the Secretary to adopt regulations consistent with the advise or petition of the chief executive; ``(2) any determination referred to in subsection (a)(1) relating to the regulation; and ``(3) all comments received by the Secretary that disagreed with all or part of the regulation.''. (d) FACA.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9) FACA.--Consultation with counties and States regarding petitions and proposed regulations under this subsection shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).''.

Ensuring Meaningful Petition Outreach While Enhancing Rights of States Act of 2018 or the EMPOWERS Act of 2018 This bill amends the Endangered Species Act of 1973 to revise the process for listing, delisting, or reclassifying a species under the Act. Before submitting to the Department of the Interior or the Department of Commerce, as appropriate, a petition to list a species as a threatened or endangered species, the petitioner must notify each county and state in which the species is located of the intent to submit a petition. Upon finding that the petition may be warranted, the appropriate department must solicit advice from each county and state in which the species is located. If a state or county advises that the listing is not warranted, then the appropriate department may not proceed with the listing unless the department demonstrates that the information submitted in support of the advice is incorrect and that the listing is warranted. The bill expands requirements regarding providing notice of a proposed regulation that determines whether a species is endangered or threatened, including by requiring the appropriate department to provide notice to each person who requests a notice. The appropriate department must justify a final regulation that conflicts with the advice of a state or county.

Ensuring Meaningful Petition Outreach While Enhancing Rights of States Act of 2018

SECTION 1. SHORT TITLE AND PURPOSE. (a) Short Title.--This Act may be cited as the ``National Economic Council Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) domestic and international economic policy are essential elements of our national security. America's leadership in the world can be attributed in large measure to the success of our Nation's economic vitality. That success, and our Nation's security, is being challenged by the growth in the international economic competition; (2) one of the fundamental lessons of the cold war period is that a strong military nation cannot achieve national security without economic vitality; (3) the ability of the United States to compete internationally is central to the Nation's economic prosperity and security. Exports now account for more than 10 per centum of our country's gross domestic product and are a growing percentage of our Nation's output. Increased exports are fundamental to facilitating job creation and economic growth; (4) as we enter the post-cold war period with an increased focus on policies to compete in world markets, America's ability to produce exports and be competitive is in need of constant and high level attention by our Nation's policy makers; (5) the President's National Security Council has played a vital and constant role in the successful development and coordination of America's national security policy since the creation of the Council in 1947; (6) to be successful, policies to meet the challenges of international competitiveness must be given the same coordinated high level attention as our successful national security policy. In order to remain a strong economic force in the increasingly competitive global economy, America needs a coordinated economic strategy which will allow our country to be on a competitive basis with other nations, taking into account the free market system which has been the hallmark of our economic system; (7) the President must have available a permanent council of experts and advisors which have direct access to the President and can coordinate the complex components of the President's economic policy to facilitate exports, job creation, and national prosperity; and (8) an organization equivalent to the National Security Council should be established within the Executive Office of the President to develop and coordinate economic policy as trade and global competition emerge as essential elements of our national security. The National Economic Council should bring focus and coordination to domestic and international economic policies at the highest level of government and should be recognized as the President's organization for developing and coordinating these policies. SEC. 3. ESTABLISHMENT OF THE NATIONAL ECONOMIC COUNCIL. (a) There is established a council to be known as the National Economic Council (hereinafter in this Act referred to as the ``Council''). (b) The President of the United States shall preside over meetings of the Council: Provided, That in his absence he may designate a member of the Council to preside. (c) The Council shall be composed of-- (1) the President; (2) the Vice President; (3) the United States Trade Representative; (4) the Secretary of Treasury; (5) the Secretary of Commerce; (6) the Secretary of Labor; (7) the Secretary of Agriculture; (8) the Administrator of the Environmental Protection Agency; (9) the Director of the Office of Management and Budget; (10) the Director of the Office of Science and Technology Policy; (11) the Chairman of the Council of Economic Advisors; and (12) any other individual as the President may direct. (d) The Council shall have a staff to be headed by the National Economic Advisor who shall be appointed by the President. The National Economic Advisor is authorized, subject to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5, to appoint and fix the compensation of such personnel as may be necessary to perform such duties as may be prescribed by the Council in connection with the performance of its functions. SEC. 4. FUNCTIONS OF THE NATIONAL ECONOMIC COUNCIL. (a) The function of the Council shall be to advise the President with respect to the integration of domestic and international policies relating to the economy and international competitiveness so as to enable the Federal Government to operate more effectively in matters involving our Nation's ability to compete in the global economy. (b) In addition to performing such other functions as the President may direct, the Council shall-- (1) formulate and coordinate an economic strategy which will provide the economic environment necessary for our country to be on a competitive basis with other nations; (2) consider matters of common interest of the departments and agencies of the Government concerned with the economy and international competitiveness, and to coordinate recommendations concerning these policies to the President in connection therewith; (3) assess the ability of the United States to compete internationally, and the risk of a failure to meet this challenge, for the purpose of making recommendations to the President in connection therewith; and (4) define a set of guidelines for Government interaction with the market, taking into account the free market system which has been the hallmark of our national economy. (c) The functions of the Council under this Act shall be performed-- (1) subject to the direction of the President; and (2) for the purpose of effectively coordinating the policies and functions of the Federal departments and agencies relating to the economy and international competitiveness. (d) The Council shall, from time to time, make such recommendations and such other reports to the President as it deems appropriate or as the President may require.

National Economic Council Act - Establishes the National Economic Council within the Executive Office of the President to advise the President about integration of domestic and international policies relating to the economy and international competitiveness in order to enable the Federal Government to operate more effectively in matters involving U.S. ability to compete in the global economy. Lists specific Council functions, which include: (1) formulating and coordinating an economic strategy which will provide the economic environment necessary for the United States to be on a competitive basis with other nations; and (2) defining a set of guidelines for Government interaction with the market.

National Economic Council Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Allergy and Anaphylaxis Management Act of 2006''. SEC. 2. FINDINGS. Congress finds as follows: (1) Food allergy is an increasing food safety and public health concern in the United States, especially among students. (2) Peanut allergy doubled among students from 1997 to 2002. (3) In a 2003 survey of 400 elementary school nurses, 37 percent reported having at least 10 students with severe food allergies and 62 percent reported having at least 5. (4) 44 percent of the elementary school nurses surveyed reported that the number of students in their school with food allergy had increased over the past 5 years, while only 2 percent reported a decrease. (5) In a 2001 study of 32 fatal food-allergy induced anaphylactic reactions (the largest study of its kind to date), more than half (53 percent) of the individuals were aged 18 or younger. (6) 8 foods account for 90 percent of all food-allergic reactions: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, and soy. (7) Currently, there is no cure for food allergies; strict avoidance of the offending food is the only way to prevent a reaction. (8) Anaphylaxis, or anaphylactic shock, is a systemic allergic reaction that can kill within minutes. (9) Food-allergic reactions are the leading cause of anaphylaxis outside the hospital setting, accounting for an estimated 30,000 emergency room visits, 2,000 hospitalizations, and 150 to 200 deaths each year in the United States. (10) Fatalities from anaphylaxis are associated with a delay in the administration of epinephrine (adrenaline), or when epinephrine was not administered at all. In a study of 13 food allergy-induced anaphylactic reactions in school-age children (6 fatal and 7 near fatal), only 2 of the children who died received epinephrine within 1 hour of ingesting the allergen, and all but 1 of the children who survived received epinephrine within 30 minutes. (11) The importance of managing life-threatening food allergies in the school setting has been recognized by the American Medical Association, the American Academy of Pediatrics, the American Academy of Allergy, Asthma and Immunology, the American College of Allergy, Asthma and Immunology, and the National Association of School Nurses. (12) There are no Federal guidelines concerning the management of life-threatening food allergies in the school setting. (13) Three-quarters of the elementary school nurses surveyed reported developing their own training guidelines. (14) Relatively few schools actually employ a full-time school nurse. Many are forced to cover more than 1 school, and are often in charge of hundreds if not thousands of students. (15) Parents of students with severe food allergies often face entirely different food allergy management approaches when their students change schools or school districts. (16) In a study of food allergy reactions in schools and day-care settings, delays in treatment were attributed to a failure to follow emergency plans, calling parents instead of administering emergency medications, and an inability to administer epinephrine. SEC. 3. DEFINITIONS. In this Act: (1) ESEA definitions.--The terms ``local educational agency'', ``secondary school'', and ``elementary 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) School.--The term ``school'' includes public-- (A) kindergartens; (B) elementary schools; and (C) secondary schools. (3) Secretaries.--The term ``Secretaries'' means the Secretary of Health and Human Services, in consultation with the Secretary of Education. SEC. 4. ESTABLISHMENT OF FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT POLICY. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretaries shall-- (1) develop a policy to be used on a voluntary basis to manage the risk of food allergy and anaphylaxis in schools; and (2) make such policy available to local educational agencies and other interested individuals and entities. (b) Contents.--The policy developed by the Secretaries under subsection (a) shall contain guidelines that address each of the following: (1) Parental obligation to provide the school, prior to the start of every school year, with documentation from the student's physician or nurse-- (A) supporting a diagnosis of food allergy and anaphylaxis; (B) identifying any food to which the student is allergic; (C) describing, if appropriate, any prior history of anaphylaxis; (D) listing any medication prescribed for the student for the treatment of anaphylaxis; (E) detailing emergency treatment procedures in the event of a reaction; (F) listing the signs and symptoms of a reaction; (G) assessing the student's readiness for self- administration of prescription medication; and (H) providing a list of substitute meals that may be offered by school food service personnel. (2) The creation and maintenance of an individual health care plan tailored to the needs of each student with a documented risk for anaphylaxis, including any procedures for the self-administration of medication by such students in instances where-- (A) the students are capable of self-administering medication; and (B) such administration is not prohibited by State law. (3) Communication strategies between individual schools and local providers of emergency medical services, including appropriate instructions for emergency medical response. (4) Strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school areas such as cafeterias. (5) The dissemination of information on life-threatening food allergies to school staff, parents, and students, if appropriate by law. (6) Food allergy management training of school personnel who regularly come into contact with students with life- threatening food allergies. (7) The authorization and training of school personnel to administer epinephrine when the school nurse is not immediately available. (8) The timely accessibility of epinephrine by school personnel when the nurse is not immediately available. (9) Extracurricular programs such as non-academic outings and field trips, before- and after-school programs, and school- sponsored programs held on weekends that are addressed in the individual health care plan. (10) The collection and publication of data for each administration of epinephrine to a student at risk for anaphylaxis. (c) Relation to State Law.--Nothing in this Act or the policy developed by the Secretaries under subsection (a) shall be construed to preempt State law, including any State law regarding whether students at risk for anaphylaxis may self-administer medication. SEC. 5. SCHOOL-BASED FOOD ALLERGY MANAGEMENT GRANTS. (a) In General.--The Secretaries may award grants of not more than $50,000 to local educational agencies to assist such agencies with implementing food allergy management guidelines contained in the policy described in section 4. (b) Application.-- (1) In general.--To be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretaries at such time, in such manner, and including such information as the Secretaries may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) a certification that the food allergy management guidelines contained in the policy described in section 4 have been adopted by the local educational agency; (B) a description of the activities to be funded by the grant in carrying out the food allergy management guidelines, including-- (i) how the guidelines will be carried out at individual schools served by the local educational agency; (ii) how the local educational agency will inform parents and students of the food allergy management guidelines in place; (iii) how school nurses, teachers, administrators, and other school-based staff will be made aware of, and given training on, when applicable, the food allergy management guidelines in place; and (iv) any other activities that the Secretaries determine appropriate; (C) a budget table that itemizes the amounts of grant funds received under this section that will be expended on various activities; (D) a description of how adoption of the guidelines and implementation of grant activities will be monitored; and (E) an assurance that the local educational agency will provide such information and cooperate in any evaluation that the Secretaries may conduct under this section. (c) Use of Funds.--Each local educational agency that receives a grant under this section may use the grant funds for the following: (1) Creation of systems and databases related to creation, storage, and maintenance of student records. (2) Purchase of equipment or services, or both, related to the creation, storage, and maintenance of student records. (3) In partnership with local health departments, training school nurse, teacher, and personnel for food allergy management. (4) Purchase and storage of limited medical supplies, including epinephrine and disposable wet wipes. (5) Programs that educate students as to the presence of, and policies and procedures in place related to, food allergies and anaphylactic shock. (6) Outreach to parents. (7) Any other activities consistent with the guidelines contained in the policy described in section 4. (d) Duration of Awards.--The Secretaries may award grants under this section for a period of not more than 2 years. Funding for the second year of the grant, where applicable, shall be contingent on successful review of the program by the Secretaries after the first year. (e) Maximum Amount of Awards.--A grant awarded under this section may not be made in an amount that is more than $50,000. (f) Priority.--In awarding grants under this section, the Secretaries shall give priority to local educational agencies that receive Federal funding under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). (g) Administrative Funds.--A local educational agency that receives a grant under this section may use not more than 2 percent of the grant amount for administrative costs related to carrying out this section. (h) Progress and Evaluations.-- (1) Less than a 1 year grant.--A local educational agency that receives a grant under this section for a period of not more than 1 year shall provide the Secretaries, at the completion of the grant period, with information on whether the agency successfully implemented the food allergy management guidelines contained in the policy described in section 4. (2) Grants for a 1 to 2 year period.--A local educational agency that receives a grant under this section for a period of 1 to 2 years shall provide the Secretaries-- (A) not later than 1 year after the agency receives such grant, with information on the progress made in implementing the food allergy management guidelines contained in the policy described in section 4; and (B) at the completion of the grant period, with information on whether the agency successfully implemented the food allergy management guidelines contained in the policy described in section 4. (i) Rule of Construction.--The food allergy management guidelines contained in the policy described in section 4 are voluntary but a condition of receiving grant funds under this section. (j) Supplement, Not Supplant.--Grant funds received under this section shall be used to supplement, and not supplant, non-Federal funds and any other Federal funds available to carry out the activities described in this section. (k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for fiscal year 2007 and such sums as may be necessary for each of the 4 succeeding fiscal years.

Food Allergy and Anaphylaxis Management Act of 2006 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies a voluntary policy to manage the risk of food allergy and anaphylaxis in schools. Directs that such policy address: (1) a parental obligation to provide the school with information regarding a student's food allergy and anaphylaxis; (2) creation of an individual health care plan tailored to each student with a documented risk for anaphylaxis; (3) communication strategies between schools and emergency medical services; (4) strategies to reduce the risk of exposure in classrooms and common areas; (5) food allergy management training of school personnel; and (6) authorization and training of school personnel to administer epinephrine when the school nurse is not immediately available. Allows the Secretary to award grants to assist local educational agencies in implementing food allergy management guidelines contained in the policy.

A bill to direct the Secretary of Health and Human Services, in consultation with the Secretary of Education, to develop a policy for managing the risk of food allergy and anaphylaxis in schools, to establish school-based food allergy management grants, and for other purposes.

SECTION 1. INCREASE IN CERTAIN ALTERNATIVE FUEL AND VEHICLE TAX INCENTIVES. (a) Incentives for Alcohol Fuels.-- (1) Income tax credit.--Section 40 of the Internal Revenue Code of 1986 (relating to alcohol used as fuel) is amended-- (A) by striking ``60 cents'' each place it appears and inserting ``$1.20'', (B) by striking ``45 cents'' each place it appears and inserting ``90 cents'', (C) by striking ``2010'' in the table contained in subsection (h)(2) and inserting ``2006'', and (D) by adding at the end of such table the following new item: ``2007 through 2010.............. $1.02................ 75.56 cents''. (2) Excise tax credit.--Section 6426(b) of such Code (relating to alcohol fuel mixture credit) is amended-- (A) by striking ``51 cents'' in paragraph (2)(A) and inserting ``$1.02'', and (B) by striking ``60 cents'' in paragraph (2)(B) and inserting ``$1.20''. (b) Incentives for Biodiesel and Renewable Diesel Fuels.-- (1) Income tax credit.--Section 40A of the Internal Revenue Code of 1986 (relating to biodiesel and renewable diesel used as fuel) is amended-- (A) by striking ``$1.00'' each place it appears and inserting ``$2.00'', (B) by striking ``50 cents'' each place it appears and inserting ``$1.00'', and (C) by striking ``10 cents'' in subsection (b)(5)(A) and inserting ``20 cents''. (2) Excise tax credit.--Section 6426(c) of such Code (relating to biodiesel mixture credit) is amended-- (A) by striking ``50 cents'' in paragraph (2)(A) and inserting ``$1.00'', and (B) by striking ``$1.00'' in paragraph (2)(B) and inserting ``$2.00''. (c) Incentives for Alternative Fuels.--Subsections (d)(1) and (e)(1) of section 6426 of such the Internal Revenue Code of 1986 (credit for alcohol fuel, biodiesel, and alternative fuel mixtures) are each amended by striking ``50 cents'' and inserting ``$1.00''. (d) Alternative Motor Vehicle Credit.-- (1) New qualified fuel cell motor vehicle credit.--Section 30B(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``$8,000'', ``$4,000'', ``$10,000'', ``$20,000'', and ``$40,000'' in paragraph (1) and inserting ``$16,000'', ``$8,000'', ``$20,000'', ``$40,000'', and ``$80,000'', respectively, and (B) by striking ``$1,000'', ``$1,500'', ``$2,000'', ``$2,500'', ``$3,000'', ``$3,500'', and ``$4,000'' in paragraph (2) and inserting ``$2,000'', ``$3,000'', ``$4,000'', ``$5,000'', ``$6,000'', ``$7,000'', and ``$8,000'', respectively. (2) New advanced lean burn technology motor vehicle credit.--Section 30B(c) of such Code is amended-- (A) by striking ``$400'', ``$800'', ``$1,200'', ``$1,600'', ``$2,000'', and ``$2,400'' in the table contained in paragraph (2)(A)(i) and inserting ``$800'', ``$1,600'', ``$2,400'', ``$3,200'', ``$4,000'', and ``$4,800'', respectively, and (B) by striking ``$250'', ``$500'', ``$750'', and ``$1,000'' in the table contained in paragraph (2)(B) and inserting ``$500'', ``$1,000'', ``$1,500'', and ``$2,000'', respectively. (3) New qualified hybrid motor vehicle credit.--Section 30B(d)(2)(B)(iii) of such Code (relating to qualified incremental hybrid cost) is amended by striking by striking ``$7,500'', ``$15,000'', and ``$30,000'' and inserting ``$15,000'', ``$30,000'', and ``$60,000'', respectively. (4) New qualified alternative fuel motor vehicle credit.-- Section 30B(e)(3) of such Code (relating to incremental cost) is amended by striking by striking ``$5,000'', ``$10,000'', ``$25,000'', and ``$40,000'' and inserting ``$10,000'', ``$20,000'', ``$50,000'', and ``$80,000'', respectively. (e) Alternative Fuel Vehicle Refueling Property Credit.--Section 30C(b) of the Internal Revenue Code of 1986 (relating to limitation) is amended-- (1) by striking ``$30,000'' in paragraph (1) and inserting ``$60,000'', and (2) by striking ``$1,000'' in paragraph (2) and inserting ``$2,000''. (f) Effective Dates.-- (1) Fuels.--The amendments made by subsections (a), (b), and (c) shall apply to any sale, use, or removal for any period after the date of the enactment of this Act. (2) Vehicles and refueling property.--The amendments made by subsections (d) and (e) shall apply to property placed in service after the date of the enactment of this Act. SEC. 2. ELIMINATION OF CERTAIN TAX INCENTIVES FOR MAJOR INTEGRATED OIL COMPANIES. (a) Amortization of Geological and Geophysical Expenditures.-- (1) In general.--Section 167(h) of the Internal Revenue Code of 1986 (relating to amortization of geological and geophysical expenditures) is amended by adding at the end the following new paragraph: ``(5) Nonapplication to major integrated oil companies.-- This subsection shall not apply to any sale during any taxable year by a taxpayer which is-- ``(A) an integrated oil company (as defined in section 291(b)(4)) which has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year, or ``(B) a related person to such company.''. (2) Effective date.--The amendment made by this subsection shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. (b) Percentage Depletion Allowance for Oil and Gas Properties.-- (1) In general.--Section 613A is amended by adding at the end the following new subsection: ``(f) Nonapplication to Major Integrated Oil Companies.--The allowance for percentage depletion shall be zero during any taxable year with respect to a taxpayer which is-- ``(1) an integrated oil company (as defined in section 291(b)(4)) which has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year, or ``(2) a related person to such company.''. (2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (c) Deduction for Intangible Drilling and Development Costs.-- (1) In general.--Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subsection shall not apply during any taxable year with respect to a taxpayer which is an integrated oil company (as defined in section 291(b)(4)) which has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year or a related person to such company.''. (2) Effective date.--The amendment made by this subsection shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. SEC. 3. PROHIBITION OF FUNDS FOR OIL AND NATURAL GAS ROYALTY RELIEF. (a) In General.--No funds made available under any Act for any fiscal year for royalty and offshore minerals management may be used by the Secretary of the Interior to provide relief from a requirement to pay a royalty for the production of oil or natural gas from Federal land during any period in which-- (1) for the production of oil, the average price of crude oil in the United States is greater than $55 a barrel; and (2) for the production of natural gas, the average price of natural gas in the United States is $10 per 1,000 cubic feet of natural gas. (b) Exception.--In administering funds made available for royalty or offshore minerals management, the Secretary of the Interior may waive or specify alternative requirements if the Secretary of the Interior determines that royalty relief is necessary to avoid oil or natural gas supply disruptions as a consequence of hurricanes or other natural disasters.

Amends the Internal Revenue Code to increase the tax credits for: (1) alcohol used as fuel; (2) biodiesel and renewable diesel used as fuel; (3) alternative fuels; (4) alternative motor vehicles; and (5) alternative fuel vehicle refueling property (service stations for dispensing ethanol and other alternative fuels to retail customers). Denies to major integrated oil companies (companies with average daily worldwide crude oil production of at least 500,000 barrels) : (1) two-year amortization of geological and geophysical expenditures; (2) percentage depletion for oil and gas properties; and (3) tax deductions for intangible drilling and development costs. Prohibits the Secretary of the Interior from providing crude oil and natural gas producers on federal lands exemptions from royalty payment requirements during periods when the average U.S. price of crude oil is over $55 per barrel and the average price of natural gas is $10 per 1000 cubic feet.

A bill to amend the Internal Revenue Code of 1986 to increase certain alternative fuel and vehicle tax incentives and to eliminate certain tax incentives for major integrated oil companies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Federal Oil and Gas Lease Act''. SEC. 2. ISSUANCE OF NEW LEASES. (a) In General.--The Secretary of the Interior shall not issue any new lease that authorizes the exploration for or production of oil or natural gas, under section 17 of the Mineral Leasing Act (33 U.S.C. 226), the Mineral Leasing Act for Acquired Lands Act (30 U.S.C. 351 et seq.), or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), to a person unless the person-- (1) certifies for each existing lease under such Acts for the production of oil or gas with respect to which the person is a lessee, that the person has diligently developed the Federal lands that are subject to the lease in order to produce oil or natural gas or is producing oil or natural gas from such lands; or (2) has relinquished all Federal oil and gas leases under which oil and gas is not being diligently developed. (b) Diligent Development.--The Secretary shall issue regulations within 180 days after the date of enactment of this Act that define ``diligently developed'' for purposes of subsection (a). Such regulations shall-- (1) include benchmarks for oil and gas development that will ensure that leaseholders produce oil and gas from each lease within the 5-year original term of the lease; and (2) require each leaseholder to submit to the Secretary a diligent development plan showing how the lessee will meet the benchmarks. (c) Failure To Comply With Requirements.--Any person who fails to comply with the requirements of this section or any regulation or order issued to implement this section shall be liable for a civil penalty under section 109 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1719). (d) Lessee Defined.--In this section the term ``lessee'' includes any person or other entity that controls, is controlled by, or is in or under common control with, a lessee. SEC. 3. LEASE TERMS. (a) Leases for Offshore Lands.--Section 8(b)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(b)(2)) is amended to read as follows: ``(2)(A) be for an initial period of 5 years, and may be renewed for additional 1-year periods, subject to subparagraphs (B) and (C); ``(B) not be renewed for an additional period, unless the Secretary determines that as of the date of the expiration of the preceding period-- ``(i) production of oil or gas is occurring under the lease; or ``(ii) the lessee is making good-faith progress towards such production and additional time is required to initiate such production; and ``(C) be subject to a rental for each such additional period that is not less than double the rental rate that applied for the last year of the initial period;''. (b) Leases for Onshore Lands.-- (1) Leases under mineral leasing act.--Section 17(e) of the Mineral Leasing Act (33 U.S.C. 226(e)) is amended to read as follows: ``(e) Leases issued under this section shall-- ``(1) be for an initial period of 5 years, and may be renewed for additional 1-year periods, subject to paragraphs (2) and (3); ``(2) not be renewed for an additional period, unless the Secretary determines that as of the date of the expiration of the preceding period-- ``(A) production of oil or gas is occurring under the lease; or ``(B) the lessee is making good-faith progress towards such production and additional time is required to initiate such production; and ``(3) be subject to a rental for each such additional period that is not less than double the rental rate that applied for the last year of the initial period.''. (2) Leases under mineral leasing act for acquired lands.-- The Mineral Leasing Act for Acquired Lands Act (30 U.S.C. 351 et seq.) is amended by adding at the end the following: ``SEC. 12. LEASE TERMS. ``Leases issued under this section shall-- ``(1) be for an initial period of 5 years, and may be renewed for additional 1-year periods, subject to paragraphs (2) and (3); ``(2) not be renewed for an additional period, unless the Secretary determines that as of the date of the expiration of the preceding period-- ``(A) production of oil or gas is occurring under the lease; or ``(B) the lessee is making good-faith progress towards such production and additional time is required to initiate such production; and ``(3) be subject to a rental for each such additional period that is not less than double the rental rate that applied for the last year of the initial period.''.

Responsible Federal Oil and Gas Lease Act - Prohibits the Secretary of the Interior from authorizing any new lease for exploration or production of oil or natural gas unless the lessee: (1) certifies for each existing lease that the lessee has diligently developed the lands in order to produce oil or natural gas, or is producing oil or natural gas from such lands; or (2) has relinquished all federal oil and gas leases that are not being diligently developed. Instructs the Secretary to promulgate diligent development regulations that: (1) include benchmarks for oil and gas development to ensure that leaseholders produce oil and gas from each lease within the five-year original term of the lease; and (2) require each leaseholder to submit a diligent development plan showing how the lessee will meet the benchmarks. Establishes a civil penalty for noncompliance with this Act. Amends the Outer Continental Shelf Lands Act, the Mineral Leasing Act, and the Mineral Leasing Act for Acquired Lands Act to set forth lease terms for an initial period of five years, renewable for additional one-year periods, subject to specified conditions.

To prohibit the Secretary of the Interior from issuing new Federal oil and gas leases to holders of existing leases who do not diligently develop the lands subject to such existing leases or relinquish such leases, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosecution Drug Treatment Alternative to Prison Act of 2001''. SEC. 2. DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ADMINISTERED BY STATE OR LOCAL PROSECUTORS. (a) Prosecution Drug Treatment Alternative to Prison Programs.-- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following new part: ``PART AA--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ``SEC. 2701. PROGRAM AUTHORIZED. ``(a) In General.--The Attorney General may make grants to State or local prosecutors for the purpose of developing, implementing, or expanding drug treatment alternative to prison programs that comply with the requirements of this part. ``(b) Use of Funds.--A State or local prosecutor who receives a grant under this part shall use amounts provided under the grant to develop, implement, or expand the drug treatment alternative to prison program for which the grant was made, which may include payment of the following expenses: ``(1) Salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including the enforcement unit. ``(2) Payments to licensed substance abuse treatment providers for providing treatment to offenders participating in the program for which the grant was made, including aftercare supervision, vocational training, education, and job placement. ``(3) Payments to public and nonprofit private entities for providing treatment to offenders participating in the program for which the grant was made. ``(c) Federal Share.--The Federal share of a grant under this part shall not exceed 75 percent of the cost of the program. ``(d) Supplement and Not Supplant.--Grant amounts received under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be available for activities funded under this part. ``SEC. 2702. PROGRAM REQUIREMENTS. ``A drug treatment alternative to prison program with respect to which a grant is made under this part shall comply with the following requirements: ``(1) A State or local prosecutor shall administer the program. ``(2) An eligible offender may participate in the program only with the consent of the State or local prosecutor. ``(3) Each eligible offender who participates in the program shall, as an alternative to incarceration, be sentenced to or placed with a long term, drug free residential substance abuse treatment provider that is licensed under State or local law. ``(4) Each eligible offender who participates in the program shall serve a sentence of imprisonment with respect to the underlying crime if that offender does not successfully complete treatment with the residential substance abuse provider. ``(5) Each residential substance abuse provider treating an offender under the program shall-- ``(A) make periodic reports of the progress of treatment of that offender to the State or local prosecutor carrying out the program and to the appropriate court in which the defendant was convicted; and ``(B) notify that prosecutor and that court if that offender absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program. ``(6) The program shall have an enforcement unit comprised of law enforcement officers under the supervision of the State or local prosecutor carrying out the program, the duties of which shall include verifying an offender's addresses and other contacts, and, if necessary, locating, apprehending, and arresting an offender who has absconded from the facility of a residential substance abuse treatment provider or otherwise violated the terms and conditions of the program, and returning such offender to court for sentence on the underlying crime. ``SEC. 2703. APPLICATIONS. ``(a) In General.--To request a grant under this part, a State or local prosecutor shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. ``(b) Certifications.--Each such application shall contain the certification of the State or local prosecutor that the program for which the grant is requested shall meet each of the requirements of this part. ``SEC. 2704. GEOGRAPHIC DISTRIBUTION. ``The Attorney General shall ensure that, to the extent practicable, the distribution of grant awards is equitable and includes State or local prosecutors-- ``(1) in each State; and ``(2) in rural, suburban, and urban jurisdictions. ``SEC. 2705. REPORTS AND EVALUATIONS. ``For each fiscal year, each recipient of a grant under this part during that fiscal year shall submit to the Attorney General a report regarding the effectiveness of activities carried out using that grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted. ``SEC. 2706. DEFINITIONS. ``In this part: ``(1) Eligible offender.--The term `eligible offender' means an individual who-- ``(A) has been convicted of, or pled guilty to, or admitted guilt with respect to a crime for which a sentence of imprisonment is required and has not completed such sentence; ``(B) has never been convicted of, or pled guilty to, or admitted guilt with respect to, and is not presently charged with, a felony crime of violence or a major drug offense or a crime that is considered a violent felony under State or local law; and ``(C) has been found by a professional substance abuse screener to be in need of substance abuse treatment because that offender has a history of substance abuse that is a significant contributing factor to that offender's criminal conduct. ``(2) Felony crime of violence.--The term `felony crime of violence' has the meaning given such term in section 924(c)(3) of title 18, United States Code. ``(3) Major drug offense.--The term `major drug offense' has the meaning given such term in section 36(a) of title 18, United States Code. ``(4) State or local prosecutor.--The term `State or local prosecutor' means any district attorney, State attorney general, county attorney, or corporation counsel who has authority to prosecute criminal offenses under State or local law.''. (b) Authorization of Appropriations.--Section 1001(a) of title I of the Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at the end the following new paragraph: ``(24) There are authorized to be appropriated to carry out part AA-- ``(A) $75,000,000 for fiscal year 2002; ``(B) $85,000,000 for fiscal year 2003; ``(C) $95,000,000 for fiscal year 2004; ``(D) $105,000,000 for fiscal year 2005; and ``(E) $125,000,000 for fiscal year 2006.''.

Prosecution Drug Treatment Alternative to Prison Act of 2001 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to State or local prosecutors for the purpose of developing, implementing, or expanding drug treatment alternative to prison programs under which eligible offenders, as an alternative to incarceration, shall be sentenced to or placed with a licensed, long term, drug free residential substance abuse treatment provider.

A bill to establish grants for drug treatment alternative to prison programs administered by State or local prosecutors.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Improving Cancer Treatment Education Act of 2013''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION UNDER THE MEDICARE PROGRAM Sec. 101. Medicare coverage of comprehensive cancer patient treatment education services. TITLE II--RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT Sec. 201. Sense of Congress. Sec. 202. NIH Research on cancer symptom management improvement. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Many people with cancer experience side effects, symptoms, and late complications associated with their disease and their treatment, which can have a serious adverse impact on their health, well-being, and quality of life. (2) Many side effects and symptoms associated with cancer and its treatment can be reduced or controlled by the provision of timely symptom management and services and also by educating people with cancer and their caregivers about the potential effects before treatment begins. (3) Studies have found that individualized educational intervention for cancer pain management from a registered nurse was effective for patients with cancer being treated in outpatient and home-based settings. Similarly, the number of caregivers who said they were well informed and confident about caregiving after attending a family caregiver cancer education program increased after program attendance. (4) People with cancer benefit from having an educational session with oncology nurses in advance of the initiation of treatment to learn how to reduce the risk of and manage adverse effects and maximize well-being. Helping patients to manage their side effects reduces adverse events and the need for urgent or inpatient care. (5) The Oncology Nursing Society has received reports from its members that, because the Medicare program and other payers do not cover the provision of patient treatment education, patients and their caregivers often do not receive adequate education before the onset of such patients' treatment for cancer regarding the course of such treatment and the possible side effects and symptoms such patients may experience. The Oncology Nursing Society recommends that all patients being treated for cancer have a one-on-one educational session with a nurse in advance of the onset of such treatment so that such patients and their caregivers receive the information they need to help minimize adverse events related to such treatment and maximize the well-being of such patients. (6) Insufficient or non-existent Medicare payments coupled with poor investment in symptom management research contribute to the inadequate education of patients, poor management and monitoring of cancer symptoms, and inadequate handling of late effects of cancer and its treatment. (7) People with cancer often do not have the symptoms associated with their disease and the associated treatment managed in a comprehensive or appropriate manner. (8) People with cancer deserve to have access to comprehensive care that includes appropriate treatment and symptom management. (9) Patients who receive infused chemotherapy likely obtain some treatment education during the course of the administration of their treatment; yet, many do not, and individuals who may receive a different type of cancer care, such as radiation or surgical interventions or oral chemotherapy taken at home, likely do not receive treatment education during their treatment. (10) Comprehensive cancer care must include access to services and management associated with nausea, vomiting, fatigue, depression, pain, and other symptoms. (11) The Institute of Medicine report, ``Ensuring Quality Cancer Care'' asserts that ``much can be done to relieve the symptoms, ease distress, provide comfort, and in other ways improve the quality of life of someone with cancer. For a person with cancer, maintenance of quality of life requires, at a minimum, relief from pain and other distressing symptoms, relief from anxiety and depressions, including the fear of pain, and a sense of security that assistance will be readily available if needed.''. (12) The Institute of Medicine report, ``Cancer Care for the Whole Patient: Meeting Psychosocial Health Needs'' recognizes that cancer patients' psychosocial needs include information about their therapies and the potential side effects. (13) As more than half of all cancer diagnoses occur among individuals age 65 and older, the challenges of managing cancer symptoms are growing for patients enrolled in the Medicare program. (14) Provision of Medicare payment for comprehensive cancer patient treatment education, coupled with expanded cancer symptom management research, will help improve care and quality of life for people with cancer from the time of diagnosis through survivorship or end of life. TITLE I--COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION UNDER THE MEDICARE PROGRAM SEC. 101. MEDICARE COVERAGE OF COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION SERVICES. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (EE); (B) by adding ``and'' at the end of subparagraph (FF); and (C) by adding at the end the following new subparagraph: ``(GG) comprehensive cancer patient treatment education services (as defined in subsection (iii)(1));''; and (2) by adding at the end the following new subsection: ``Comprehensive Cancer Patient Treatment Education Services ``(iii)(1) The term `comprehensive cancer patient treatment education services' means-- ``(A) in the case of an individual who is diagnosed with cancer, the provision of a one-hour patient treatment education session delivered by a registered nurse that-- ``(i) is furnished to the individual and the caregiver (or caregivers) of the individual in advance of the onset of treatment and to the extent practicable, is not furnished on the day of diagnosis or on the first day of treatment; ``(ii) educates the individual and such caregiver (or caregivers) to the greatest extent practicable, about all aspects of the care to be furnished to the individual, informs the individual regarding any potential symptoms, side-effects, or adverse events, and explains ways in which side effects and adverse events can be minimized and health and well-being maximized, and provides guidance regarding those side effects to be reported and to which health care provider the side effects should be reported; ``(iii) includes the provision, in written form, of information about the course of treatment, any responsibilities of the individual with respect to self-dosing, and ways in which to address symptoms and side-effects; and ``(iv) is furnished, to the greatest extent practicable, in an oral, written, or electronic form that appropriately takes into account cultural and linguistic needs of the individual in order to make the information comprehensible to the individual and such caregiver (or caregivers); and ``(B) with respect to an individual for whom a course of cancer treatment or therapy is materially modified, a one-hour patient treatment education session described in subparagraph (A), including updated information on the matters described in such subparagraph should the individual's oncologic health care professional deem it appropriate and necessary. ``(2) In establishing standards to carry out paragraph (1), the Secretary shall consult with appropriate organizations representing providers of oncology patient treatment education services and organizations representing people with cancer.''. (b) Payment.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (1) by striking ``and'' before ``(Z)''; and (2) by inserting before the semicolon at the end the following: ``, and (AA) with respect to comprehensive cancer patient treatment education services (as defined in section 1861(iii)(1)), 150 percent of the payment rate established under section 1848 for diabetes outpatient self-management training services (as defined in section 1861(qq)), determined and applied without regard to any coinsurance''. (c) Coverage.--Section 1862(a)(1) of such Act (42 U.S.C. 1395y(a)(1)) is amended-- (1) in subparagraph (O), by striking ``and'' at the end; (2) in subparagraph (P), by striking the semicolon at the end and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(Q) in the case of comprehensive cancer patient treatment education services (as defined in subsection (iii)(1)) which are performed more frequently than is covered under such section;''. (d) No Impact on Payment for Other Services.--Nothing in this section shall be construed to affect or otherwise authorize any reduction or modification, in the Medicare payment amounts otherwise established for chemotherapy infusion or injection codes with respect to the calculation and payment of minutes for chemotherapy teaching or related services. (e) Effective Date.--The amendments made by this section shall apply to services furnished on or after the first day of the first calendar year that begins after the date of the enactment of this Act. TITLE II--RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT SEC. 201. SENSE OF CONGRESS. It is the sense of Congress that-- (1) many people with cancer experience side effects, symptoms, and late side effects associated with their disease and their treatment, and such effects can have a serious adverse impact on the effectiveness of their treatment, their health, well-being, and quality of life; (2) with the number of cancer survivors continuing to grow, addressing the effects of their symptoms and side effects is becoming increasingly critical in reducing the burden of cancer and its treatments; (3) although research is producing new insights into the causes of and cures for cancer, efforts to manage the symptoms and side effects of the disease and its treatments have not kept pace; and (4) the National Institutes of Health should continue to support research in the area of symptom management and the role that nurses play in providing those interventions. SEC. 202. NIH RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT. (a) In General.--The Director of the National Institutes of Health shall expand, intensify, and coordinate programs for the conduct and support of research with respect to-- (1) improving the treatment and management of symptoms and side effects associated with cancer and cancer treatment; and (2) evaluating the role of nursing interventions in the amelioration of such symptoms and side effects. (b) Administration.--The Director of the National Institutes of Health is encouraged to carry out this section through the Director of the National Cancer Institute, in collaboration with at least the directors of the National Institute of Nursing Research, the National Institute of Neurological Disorders and Stroke, the National Institute of Mental Health, the National Center on Minority Health and Health Disparities, the National Center for Complementary and Alternative Medicine, and the Agency for Healthcare Research and Quality.

Improving Cancer Treatment Education Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to extend Medicare coverage to comprehensive cancer patient treatment education services, including a one-hour patient treatment education session delivered, in advance of treatment, by a registered nurse to an individual diagnosed with cancer (or whose course of treatment has been materially modified). Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate research programs to: (1) improve the treatment and management of symptoms and side effects associated with cancer and cancer treatment, and (2) evaluate the role of nursing interventions in the amelioration of such symptoms and side effects.

Improving Cancer Treatment Education Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Beaches Protection Act''. SEC. 2. PROTECTION OF SHORES. (a) Declaration of Policy.--The first section of the Act entitled ``An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426e), is amended to read as follows: ``SEC. 1. SHORE PROTECTION. ``(a) Declaration of Policy.--With the purpose of preventing damage, restoring and maintaining the shores, beaches and other coastal resources of the United States, its territories and possessions, and promoting and encouraging the healthful recreation of the people, it is declared to be the policy of the United States, subject to the provisions of this Act, to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches and other coastal infrastructure, including beach restoration and periodic beach nourishment, on a comprehensive and coordinated basis by the Federal Government, States, localities, and private interests. In carrying out this policy, preference shall be given to areas-- ``(1) in which there has been a previous investment of Federal funds; ``(2) in which regional sediment management plans have been adopted; ``(3) in which the need for prevention or mitigation of damage to shores, beaches, and other coastal infrastructure is attributable to Federal navigation projects or other Federal activities; or ``(4) which promote human health and safety and the quality of life for individuals and families.''. ``(b) Implementation.--The Secretary shall pay the Federal share of the cost of carrying out shore protection projects and related research that encourages the protection, restoration, and enhancement of shores, sandy beaches, and other coastal infrastructure (including projects for beach restoration, periodic beach nourishment, and restoration or protection of State, county, or other shores, public coastal beaches, parks, conservation areas, or other environmental resources). ``(c) Federal Share.-- ``(1) In general.--Subject to paragraphs (2) through (4), the Federal share of the cost of a project described in subsection (b) shall be determined in accordance with section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213). ``(2) Exception.--In the case of a project for beach erosion control the primary purpose of which is recreation, the Federal share shall be equal to the Federal share for a beach erosion control project the primary purpose of which is storm damage protection or environmental restoration. ``(3) Remainder.-- ``(A) In general.--Subject to subparagraph (B), the remainder of the cost of the construction of a project described in subsection (b) shall be paid by a State, municipality, other political subdivision, or nonprofit entity. ``(B) Exception.--The Federal Government shall bear all of the costs incurred for the restoration and protection of Federal property. ``(4) Greater federal share.--In the case of a project described in subsection (b) for the restoration and protection of a State, county, or other publicly-owned shore, coastal beach, park, conservation area, or other environmental resource, the Chief of Engineers may increase the Federal share to be greater than that provided in paragraph (1) if the area-- ``(A) includes-- ``(i) a zone that excludes permanent human habitation; or ``(ii) a recreational beach or other area determined by the Chief of Engineers; ``(B) satisfies adequate criteria for conservation and development of the natural resources of the environment; and ``(C) extends landward a sufficient distance to include, as approved by the Chief of Engineers-- ``(i) protective dunes, bluffs, or other natural features; ``(ii) such other appropriate measures adopted by the State or political subdivision of the State to protect uplands areas from damage, promote public recreation, or protect environmental resources; or ``(iii) appropriate facilities for public use. ``(d) Periodic Beach Nourishment.--In this Act, when the most suitable and economical remedial measures, as determined by the Chief of Engineers, would be provided by periodic beach nourishment, the term `construction' shall include the deposit of sand fill at suitable intervals of time to furnish sand supply to protect shores and beaches for a period of time specified by the Chief of Engineers and authorized by Congress. ``(e) Private Shores and Beaches.-- ``(1) In general.--A shore or beach, other than a public shore or beach, shall be eligible for Federal assistance under this Act if-- ``(A) there is a benefit to a public shore or beach, such as that arising from public use or from the protection of nearby public property; or ``(B) the benefits to the shore or beach are incidental to the project. ``(2) Federal share.--The Secretary shall adjust the Federal share of a project for a shore or beach, other than a public shore or beach, to reflect the benefits described in paragraph (1). ``(f) Authorization of Projects.-- ``(1) In general.--Subject to paragraph (2), no Federal share shall be provided for a project under this Act unless-- ``(A) the plan for that project has been specifically adopted and authorized by Congress after investigation and study; or ``(B) in the case of a small project under section 3 or 5, the plan for that project has been approved by the Chief of Engineers. ``(2) Studies.-- ``(A) In general.--The Secretary shall-- ``(i) recommend to Congress studies concerning shore protection projects that meet the criteria established under this Act and other applicable law; ``(ii) conduct such studies as Congress requests; and ``(iii) annually report the status and results of all studies requested by Congress to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. ``(B) Recommendations for shore protection projects.-- ``(i) In general.--The Secretary shall-- ``(I) recommend to Congress the authorization or reauthorization of all shore and shore protection projects the plans for which have been approved by the Chief of Engineers; and ``(II) report to Congress on the feasibility of other projects that have been studied under subparagraph (A) but have not been approved by the Chief of Engineers. ``(ii) Considerations.--In approving a project plan, the Chief of Engineers shall consider the economic and ecological benefits of the shore protection project. ``(C) Coordination of projects.--In conducting studies and making recommendations for a shore protection project under this paragraph, the Secretary shall-- ``(i) determine whether there is any other project being carried out by the Secretary or other Federal agency that may be complementary to the shore protection project; and ``(ii) if there is such a complementary project, undertake efforts to coordinate the projects. ``(3) Shore protection projects.-- ``(A) In general.--The Secretary shall construct any shore protection project authorized by Congress, or separable element of such a project, for which Congress has appropriated funds. ``(B) Agreements.-- ``(i) Requirement.--After authorization by Congress, before the commencement of a construction of shore protection project or separable element, the Secretary shall offer to enter into a written agreement for the authorized period of Federal participation in the project with a non-Federal interest with respect to the project or separable element. ``(ii) Terms.--The agreement shall-- ``(I) specify the authorized period of Federal participation in the project; and ``(II) ensure that the Federal Government and the non-Federal interest cooperate in carrying out the project or separable element. ``(g) Extension of the Period of Federal Participation.--At the request of a non-Federal interest, the Secretary, acting through the Chief of Engineers and with the approval of Congress, shall extend the period of Federal participation in a shore protection project that is economically feasible, engineeringly sound, and environmentally acceptable for such additional period as the Secretary determines appropriate. ``(h) Special Considerations.--In a case in which funds have been appropriated to the Corps of Engineers for a specific project but the funds cannot be expended because of the time limits of environmental permits or similar environmental considerations, the Secretary may carry over such funds for use in the next fiscal year if construction of the project, or a separable element of the project, will cause minimal environmental damage and will not violate an environmental permit.''. SEC. 3. NON-FEDERAL CONTRIBUTIONS. Section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213) is amended by adding at the end the following: ``(n) Non-Federal Contributions.-- ``(1) Prohibition on solicitation of excess contributions.--The Secretary may not solicit contributions from non-Federal interests for costs of constructing authorized water resources development projects or measures in excess of the non-Federal share assigned to the appropriate project purposes listed in subsections (a), (b), and (c) or condition Federal participation in such projects or measures on the receipt of such contributions. ``(2) Limitation on statutory construction.--Nothing in this subsection shall be construed to affect the Secretary's authority under section 903(c) of this Act.''. SEC. 4. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND DEMONSTRATION PROGRAM. (a) Permanent Extension of Program.--Section 5(a) of the Act entitled ``An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426h(a)), is amended by striking all after ``program''. (b) Extension of Planning, Design, and Construction Phase.--Section 5(b)(1)(A) of such Act (33 U.S.C. 426h(b)(1)(A)) is amended by striking all after ``methods''. (c) Technology Transfers to Educational Institutions.--Section 5(b)(1)(D) of such Act (33 U.S.C. 426h(b)(1)(D)) is amended by inserting ``and educational institutions'' after ``entities''. (d) Cost-Sharing; Removal of Projects.--Section 5(b) of such Act (33 U.S.C. 426h(b)) is further amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (2) the following: ``(3) Cost sharing.--The Secretary may enter into a cost- sharing agreement with a non-Federal interest to carry out a project, or a phase of a project, under the erosion control program in cooperation with the non-Federal interest.''. (e) Modification of Existing Shoreline Protection Projects.-- Section 5 of such Act (33 U.S.C. 426h) is further amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Modification of Existing Shoreline Protection Projects.--- Following initial construction and adequate evaluation of a demonstration project's performance and lifecycle cost, the Secretary at the request of a non-Federal interest is authorized to amend the agreement for an existing federally authorized shore protection project to incorporate the demonstration project as a feature of the authorized shore protection project with the future cost of the project to be determined by the cost-sharing ratio of the authorized shore protection project. Such amendment shall only be made if the Chief of Engineers determines that it meets the engineering, economic, and design standards of the authorized shore protection project.''. (f) Authorization of Appropriations.--Section 5(f)(2) of such Act (33 U.S.C. 426h(e)(2)) (as redesignated by subsection (e)(1) of this section) is amended by striking ``$25,000,000'' and inserting ``$31,000,000''.

Community Beaches Protection Act - Rewrites provisions regarding the federal shore protection program to: (1) provide for the protection and restoration of beaches and other coastal infrastructure, as well as shore protection; and (2) include the purpose of promoting healthful recreation. Includes among areas to be given preference: (1) areas where regional sediment management plans have been adopted; and (2) areas that promote human health and safety and the quality of life. Directs the Secretary of the Army to pay the federal share of the cost of carrying out shore protection projects and research that encourages the protection, restoration, and enhancement of shores, sandy beaches, and other coastal infrastructure. Sets forth revised provisions regarding the federal share of the cost, which shall be equal for beach erosion control projects for purposes of recreation or for storm damage protection or environmental restoration. Directs the Secretary, at the request of a nonfederal interest and with congressional approval, to extend the period of federal participation in certain shore protection projects. Amends the Water Resources Development Act of 1986 to prohibit the Secretary from: (1) soliciting contributions, in excess of the nonfederal share assigned to specified project purposes, from nonfederal interests for costs of constructing authorized projects; or (2) conditioning federal participation on the receipt of such contributions. Makes permanent the national shoreline erosion control development and demonstration program. Requires the program to include provisions for technology transfers to educational institutions. Authorizes the Secretary to enter into cost-sharing agreements with nonfederal interests, and to modify existing shoreline protection projects, under specified circumstances.

To ensure the continuation and improvement of coastal restoration.

TITLE I--REAUTHORIZATION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM; RELATED PROVISIONS SECTION 101. REAUTHORIZATION OF PROGRAM. (a) Assistance for Workers.--Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended by striking ``October 1, 1998, and ending September 30, 2001,'' each place it appears and inserting ``October 1, 2001, and ending September 30, 2003,''. (b) Assistance for Firms.--Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking ``October 1, 1998, and ending September 30, 2001'' and inserting ``October 1, 2001, and ending September 30, 2003,''. (c) Termination.--Section 285(c) of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended in paragraphs (1) and (2)(A) by striking ``September 30, 2001'' and inserting ``September 30, 2003''. (d) Training Limitation Under NAFTA Program.--Section 250(d)(2) of the Trade Act of 1974 (19 U.S.C. 2331(d)(2)) is amended by striking ``October 1, 1998, and ending September 30, 2001'' and inserting ``October 1, 2001, and ending September 30, 2003''. (e) Clarification of Certain Reductions.--(1) Section 231(a)(3)(B) of the Trade Act of 1974 (19 U.S.C. 2291(a)(3)(B)) is amended by striking ``any unemployment insurance'' and inserting ``any regular State unemployment insurance''. (2) Section 233(a)(1) of the Trade Act of 1974 (19 U.S.C. 2293(a)(1)) is amended by striking ``unemployment insurance'' and inserting ``regular State unemployment insurance''. (f) Effective Date.--The amendments made by this section shall take effect on October 1, 2001. SEC. 102. AMENDMENTS TO LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES. (a) Increase in Maximum Number of Weeks.--Section 233(a) of the Trade Act of 1974 (19 U.S.C. 2293(a)) is amended-- (1) in paragraph (2), by inserting after ``104-week period'' the following: ``(or, in the case of an adversely affected worker who requires a program of remedial education (as described in section 236(a)(5)(D)) in order to complete training approved for the worker under section 236, the 130- week period)''; and (2) in paragraph (3), by striking ``26'' each place it appears and inserting ``52''. (b) Additional Weeks for Individuals in Need of Remedial Education.--Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended by adding at the end the following: ``(g) Notwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under section 236 which includes a program of remedial education (as described in section 236(a)(5)(D)), and in accordance with regulations prescribed by the Secretary, payments may be made as trade readjustment allowances for up to 26 additional weeks in the 26- week period that follows the last week of entitlement to trade readjustment allowances otherwise payable under this chapter.''. (c) Effective Date.--The amendments made by this section shall apply with respect to an individual receiving trade readjustment allowances pursuant to chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) on or after January 1, 2001. SEC. 103. EXPEDITED REVIEW OF PETITIONS BY SECRETARY OF LABOR. Section 223(a) of the Trade Act of 1974 (19 U.S.C. 2273(a)) is amended in the first sentence by striking ``60 days'' and inserting ``40 days''. SEC. 104. DECLARATION OF POLICY; SENSE OF CONGRESS. (a) Declaration of Policy.--Congress reiterates that, under the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974, workers are eligible for transportation, childcare, and healthcare assistance, as well as other related assistance under programs administered by the Department of Labor. (b) Sense of Congress.--It is the sense of Congress that the Secretary of Labor, working independently and in conjunction with the States, should, in accordance with section 225 of the Trade Act of 1974, provide more specific information about benefit allowances, training, and other employment services, and the petition and application procedures (including appropriate filing dates) for such allowances, training, and services, under the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974 to workers who are applying for, or are certified to receive, assistance under that program, including information on all other Federal assistance available to such workers. TITLE II--ADJUSTMENT ASSISTANCE PROGRAM FOR WORKERS SEPARATED FROM EMPLOYMENT DUE TO THE TERRORIST ATTACKS OF SEPTEMBER 11, 2001 SEC. 201. ESTABLISHMENT OF PROGRAM. As soon as practicable after the date of the enactment of this Act, the Secretary of Labor shall establish a program to provide adjustment assistance for workers separated from employment due to the terrorist attacks of September 11, 2001, in accordance with the provisions of this title. SEC. 202. PETITION. (a) Petition.--A petition for a certification of eligibility to apply for adjustment assistance under this title may be filed with the Secretary by a group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) or by their certified or recognized union or other duly authorized representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation. (b) Public Hearing.--If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary's publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. SEC. 203. CERTIFICATION. (a) Certification.--The Secretary shall certify a group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) as eligible to apply for adjustment assistance under this title if the Secretary determines-- (1) that a significant number or proportion of the workers in such workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) that sales or production, or both, of such firm or subdivision have decreased absolutely; and (3) that the national impact of the terrorist attacks of September 11, 2001, contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production, as determined by the Secretary. (b) Additional Requirements.--The provisions of section 223 of the Trade Act of 1974 shall apply to a determination and issuance of a certification with respect to a group of workers under this title in the same manner and to the same extent as such provisions apply to a determination and issuance of a certification with respect to a group of workers under the program under subchapter A of chapter 2 of title II of such Act, to the extent determined to be appropriate by the Secretary. (c) Definition.--For purposes of subsection (a)(3), the term ``contributed importantly'' means a cause which is important but not necessarily more important than any other cause. SEC. 204. BENEFITS. Workers covered by a certification issued by the Secretary under section 203 shall be provided, in the same manner and to the same extent as workers covered under a certification under the program under subchapter A of chapter 2 of title II of the Trade Act of 1974, the benefits described in subchapter B of chapter 2 of title II of such Act, to the extent determined to be appropriate by the Secretary. SEC. 205. ADMINISTRATION. The provisions of subchapter C of chapter 2 of title II of the Trade Act of 1974 shall apply to the administration of the program under this title in the same manner and to the same extent as such provisions apply to the administration of the program under subchapter A of chapter 2 of title II of such Act, to the extent determined to be appropriate by the Secretary. SEC. 206. DEFINITIONS. In this title: (1) Secretary.--The term ``Secretary'' means the Secretary of Labor. (2) Terrorist attacks of september 11, 2001.--The term ``terrorist attacks of September 11, 2001'' means the following events that occurred on September 11, 2001: (A) The attack, using two hijacked commercial aircraft, that was made on the towers of the World Trade Center in New York City. (B) The attack, using a hijacked commercial aircraft, that was made on the Pentagon. (C) The hijacking of a commercial aircraft and the subsequent crash of the aircraft in the State of Pennsylvania, in the County of Somerset. SEC. 207. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this title $2,000,000,000 for fiscal years 2002 and 2003. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended. Passed the House of Representatives December 6, 2001. Attest: JEFF TRANDAHL, Clerk.

Title I: Reauthorization of Trade Adjustment Assistance Program; Related Provisions - Amends the Trade Act of 1974 to authorize appropriations to the Department of Labor through FY 2003 for: (1) trade adjustment assistance for displaced workers and for firms; and (2) the North American Free Trade Agreement (NAFTA) Transitional Adjustment Assistance Program.Increases from 104 to 130 the maximum number of weeks an adversely affected worker who requires a program of remedial education may receive trade readjustment allowances.Reduces from 60 to 40 days the time within which the Secretary of Labor must respond to petitions for certification of eligibility to apply for adjustment assistance.Expresses the sense of Congress that the Secretary, in conjunction with the States, should provide workers with more specific information about benefits, training, and other employment services, and procedures for obtaining them, under the trade adjustment assistance program.Title II: Adjustment Assistance Program for Workers Separated from Employment Due to the Terrorist Attacks of September 11, 2001 - Directs the Secretary to establish a program to provide adjustment assistance for workers separated from employment due to the terrorist attacks of September 11, 2001, in the same manner and to the same extent as assistance provided under NAFTA. Sets forth criteria governing when groups of workers may petition for a certification of eligibility to apply for such adjustment assistance, including that: (1) a significant number or proportion of workers have become separated or threatened with separation from employment; (2) sales or production have decreased absolutely; and (3) the events of September 11, 2001, contributed importantly to such separation and decline.Authorizes appropriations for FY 2002 and 2003.

To reauthorize the trade adjustment assistance program under the Trade Act of 1974, and for other purposes

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renovate and Enhance Veterans' Meeting Halls and Posts Act of 2010'' or the ``REVAMP Act of 2010''. SEC. 2. COMPETITIVE GRANTS TO VETERANS SERVICE ORGANIZATIONS FOR FACILITY REHABILITATION. (a) Grants.--Section 107 of the Housing and Community Development Act of 1974 (42 U.S.C. 5307) is amended by adding at the end the following new subsection: ``(g) Competitive Grants to Veterans Service Organizations for Facility Rehabilitation.-- ``(1) Authority.--Using the amounts made available under section 106(a)(4) in each fiscal year for grants under this subsection, the Secretary shall make grants, on a competitive basis, to eligible veterans service organizations for use for repairs and rehabilitation of existing facilities of such organizations. ``(2) Eligible veterans service organizations.--For purposes of this subsection, the term `eligible veterans service organization' means-- ``(A) an entity that is exempt from taxation pursuant to section 501(c)(19) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(19)) and is organized on a local or area basis; and ``(B) a local or area chapter, post, or other unit of a national, regional, Statewide, or other larger entity of which local or area chapters, posts, or units are members, that is exempt from taxation pursuant to section 501(c)(19) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(19)). Such term does not include any such national, regional, Statewide, or other larger entity. ``(3) Limitations.-- ``(A) Amount.--No eligible veterans service organization may receive grant amounts under this subsection, from the amounts made available for any single fiscal year, in an amount exceeding the lesser of-- ``(i) the cost of the proposed repair or rehabilitation; or ``(ii) $200,000. ``(B) Timing.--Any eligible veterans service organization that receives grant amounts under this subsection from amounts made available for a fiscal year shall be ineligible for any grant from any amounts made available for such grants for any of the succeeding 5 fiscal years. ``(4) Applications.--Applications for assistance under this subsection may be submitted only by eligible veterans service organizations, and shall be in such form and in accordance with such procedures as the Secretary shall establish. Such applications shall include a plan for the proposed repair or rehabilitation activities to be conducted using grant amounts under this subsection. ``(5) Selection; criteria.--The Secretary shall select applications to receive grants under this subsection pursuant to a competition and based on criteria for such selection, which shall include-- ``(A) the extent of need for such assistance; ``(B) the quality of the plan proposed for repair or rehabilitation of the facility involved; ``(C) the capacity or potential capacity of the applicant to successfully carry out the plan; and ``(D) such other factors as the Secretary determines to be appropriate. ``(6) Prohibition of construction or acquisition.--No amounts from a grant under this subsection may be used for the construction or acquisition of a new facility.''. (b) Funding.--Subsection (a) of section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(a)) is amended-- (1) in paragraph (4), by striking ``and (3)'' and inserting ``(3), and (4)''; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph: ``(4) For each fiscal year, after reserving amounts under paragraphs (1) and (2) and allocating amounts under paragraph (3), the Secretary shall allocate $50,000,000 (subject to sufficient amounts remaining after such reservations and allocation) for grants under section 107(g).''. (c) Regulations.--The Secretary of Housing and Urban Development shall issue any regulations necessary to carry out sections 106(a)(4) and 107(g) of the Housing and Community Development Act of 1974, as added by the amendments made by this section, not later than the expiration of the 90-day period beginning on the date of the enactment of this Act.

Renovate and Enhance Veterans' Meeting Halls and Posts Act of 2010 or the REVAMP Act of 2010 - Amends the Housing and Community Development Act of 1974 to require the Secretary of Housing and Urban Development (HUD) to make grants, on a competitive basis, to eligible veterans service organizations for repairs and rehabilitation of their existing facilities. Defines "eligible veterans service organization" as: (1) a tax-exempt entity organized on a local or area basis; and (2) a local or area chapter, post, or other unit of a national, regional, statewide, or other larger entity of which local or area chapters, posts, or units are members (but not any such national, regional, statewide, or other larger entity itself). Prohibits an eligible veterans service organization from receiving such grant amounts, for any single fiscal year, in an amount exceeding the lesser of the cost of the proposed repair or rehabilitation or $200,000. Makes a grant recipient ineligible to receive another such grant until after five succeeding fiscal years. Prohibits the use of such grants for construction or acquisition of a new facility.

To amend the Housing and Community Development Act of 1974 to set-aside community development block grant amounts in each fiscal year for grants to local chapters of veterans service organizations for rehabilitation of their facilities.

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Iran-Iraq Arms Non-Proliferation Amendments of 1993''. (b) References in Act.--Except as specifically provided in this Act, whenever in this Act an amendment or repeal is expressed as an amendment to or repeal of a provision, the reference shall be deemed to be made to the National Defense Authorization Act for Fiscal Year 1993. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States-- (1) to halt the proliferation of weapons of mass destruction within Iran and Iraq; and (2) to halt the transfer from any foreign country or foreign person to Iran or Iraq of all weapons of mass destruction and significant components or technology or that can be used to manufacture or deliver weapons of mass destruction. SEC. 3. STATEMENT OF PURPOSE. It is the purpose of this Act to impose additional sanctions against those foreign countries and persons that transfer weapons of mass destruction, destabilizing numbers and types of advanced conventional weapons, or equipment and technology that assist in enhancing the capabilities of Iran or Iraq to manufacture and deliver such weapons. SEC. 4. SANCTIONS AGAINST PERSONS. Section 1604 is amended to read as follows: ``SEC. 1604. SANCTIONS AGAINST PERSONS. ``(a) Prohibition.--If the President determines that any person has transferred or retransferred goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire destabilizing numbers and types of advanced conventional weapons or to acquire weapons of mass destruction or the means of their delivery, then-- ``(1) the sanctions described in subsection (b) shall be imposed; and ``(2) the President may apply, in the discretion of the President, the sanctions described in subsection (c). ``(b) Mandatory Sanctions.--The sanctions to be imposed pursuant to subsection (a)(1) are as follows: ``(1) Procurement sanction.--Except as provided in subsection (d), the United States Government shall not procure directly or indirectly, or enter into any contract for the procurement of, any goods or services from the sanctioned person. ``(2) Export sanction.--The United States Government shall not issue any license for any export by or to the sanctioned person and shall revoke any such license issued before the effective date of the sanction. ``(3) Import sanction.--Notwithstanding any other provision of law, no item which is the product or manufacture of the sanctioned person, and no technology developed by the sanctioned person, may be imported into any territory subject to the jurisdiction of the United States. ``(4) Transiting united states territory.--(A) Notwithstanding any other provision of law (other than a treaty or other international agreement), no sanctioned person, no item which is the product or manufacture of the sanctioned person, and no technology developed by the sanctioned person, may transit any territory subject to the jurisdiction of the United States. ``(B) The Secretary of Transportation may provide for such exceptions from this paragraph as the Secretary considers necessary to provide for emergencies in which the safety of a vessel or its crew or passengers is threatened. ``(c) Discretionary Sanctions.--The sanctions referred to in subsection (a)(2) are as follows: ``(1) Financial institutions.--(A) The President may by order prohibit any depository institution that is chartered by, or that has its principal place of business within, a State or the United States from making any loan or providing any credit to the sanctioned person, except for loans or credits for the purpose of purchasing food or other agricultural commodities. ``(B) As used in this paragraph, the term `depository institution' means a bank or savings association, as defined in section 3 of the Federal Deposit Insurance Act. ``(2) Use of authorities of the international emergency economic powers act.--The President may exercise the authorities of the International Emergency Economics Powers Act to prohibit any transaction involving any property in which the sanctioned person has any interest whatsoever except for transactions involving the provision of humanitarian assistance. ``(3) Prohibition on vessels that enter ports of sanctioned countries to engage in trade.-- ``(A) In general.--Beginning on the 10th day after a sanction is imposed under this Act against a country, a vessel which enters a port or place in the sanctioned country to engage in the trade of goods or services may not, if the President so requires, within 180 days after departure from such port or place in the sanctioned country, load or unload any freight at any place in the United States. ``(B) Definitions.--As used in this paragraph, the term `vessel' includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not include aircraft. ``(d) Exceptions.--The sanction described in subsection (b)(1) shall not apply-- ``(1) in the case of procurement of defense articles or defense services-- ``(A) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy operational military requirements essential to the national security of the United States; ``(B) if the President determines that the person or other entity to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or ``(C) if the President determines that such articles or services are essential to the national security under defense coproduction agreements; ``(2) to products or services provided under contracts entered into before the date on which the President makes a determination under subsection (a); ``(3) in the case of contracts entered into before the date on which the President makes a determination under subsection (a), with respect to-- ``(A) spare parts which are essential to United States products or production; ``(B) component parts, but not finished products, essential to United States products or production; or ``(C) routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available; ``(4) to information and technology essential to United States products or production; or ``(5) to medical or other humanitarian items. ``(e) Consultation With and Actions by Foreign Government of Jurisdiction.-- ``(1) Consultations.--Whenever the President makes a determination under subsection (a) with respect to a foreign person, the Congress urges the President-- ``(A) to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions pursuant to this section; and ``(B) to take steps in the United Nations and other multilateral groups to negotiate comprehensive multilateral sanctions pursuant to the provisions of chapter 7 of the United Nations Charter, including a partial or complete embargo, against the government of the foreign country of primary jurisdiction over that sanctioned person, as long as that government has not taken specific and effective actions, including appropriate penalties, to terminate the involvement of the sanctioned person or firm in the activities described in section 1604(a). ``(2) Actions by government of jurisdiction.--In order to pursue such consultations with that government, the President may delay imposition of sanctions pursuant to subsections (b) and (c) for up to 90 days. Following these consultations, the President shall impose sanctions immediately unless the President determines and certifies to the Congress that that government has taken specific and effective actions, including appropriate penalties, to terminate the involvement of the foreign person in the activities described in subsection (a). The President may delay the imposition of sanctions for up to an additional 90 days if the President determines and certifies to the Congress that that government is in the process of taking the actions described in the preceding sentence. ``(3) Report to congress.--Not later than 90 days after the application of sanctions under this section, the President shall submit to the Committee on Foreign Relations and the Committee on Governmental Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the status of consultations with the appropriate government under this subsection, and the basis for any determination under paragraph (2) of this subsection that such government has taken specific corrective actions.''. SEC. 5. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES. Section 1605 is amended-- (1) in subsection (a)-- (A) by inserting ``or to acquire weapons of mass destruction or the means of their delivery'' after ``destabilizing numbers and types of advanced conventional weapons''; and (B) in paragraph (2), by striking ``sanction'' and inserting ``sanctions''; (2) in subsection (b), by adding at the end the following new paragraph: ``(6) Other sanctions.--The President shall apply the same sanctions described in paragraphs (1) through (4) of section 1604(b), together with the exception described in subsection (d), with respect to actions of a foreign government;''; and (3) in subsection (c)-- (A) by striking ``Sanction.--The sanction referred to in subsection (a)(2) is'' and inserting ``Sanctions.--The sanctions referred to in subsection (a)(2) are''; and (B) by adding at the end the following new paragraphs: ``(3) Denial of most-favored-nation status.-- Notwithstanding any other provision of law, the President may suspend the application of nondiscriminatory trade agreement (most-favored-nation status) to the sanctioned country for such time as the President so determines. ``(4) Diplomatic relations.--The President is urged to downgrade or suspend diplomatic relations between the United States and the government of the sanctioned country. ``(5) Suspension of special trade privileges.--The President is authorized to suspend special trade privileges which were extended pursuant to the Generalized Systems of Preferences or the Caribbean Basin Initiative. ``(6) Suspension of trade agreements.--The President is authorized to suspend any trade agreement with the sanctioned country. ``(7) Revocations of licenses for export of nuclear material.--The Nuclear Regulatory Commission is authorized to revoke any license for the export of nuclear material pursuant to a nuclear cooperation agreement with the sanctioned country. ``(8) Presidential action regarding aviation.--(A)(i) The President is authorized to notify the government of a sanctioned country of his intention to suspend the authority of foreign air carriers owned or controlled by the government of that country to engage in foreign air transportation to or from the United States. ``(ii) The President is authorized to direct the Secretary of Transportation to suspend at the earliest possible date the authority of any foreign air carrier owned or controlled, directly or indirectly, by that government to engage in foreign air transportation to or from the United States, notwithstanding any agreement relating to air services. ``(B)(i) The President may direct the Secretary of State to terminate any air service agreement between the United States and a sanctioned country in accordance with the provisions of that agreement. ``(ii) Upon termination of an agreement under this subparagraph, the Secretary of Transportation is authorized to take such steps as may be necessary to revoke at the earliest possible date the right of any foreign air carrier owned, or controlled, directly or indirectly, by the government of that country to engage in foreign air transportation to or from the United States. ``(C) The President may direct the Secretary of Transportation to provide for such exceptions from this subsection as the President considers necessary to provide for emergencies in which the safety of an aircraft or its crew or passengers is threatened. ``(D) For purposes of this paragraph, the terms `aircraft', `air carrier', `air transportation', and `foreign air carrier' have the meanings given those terms in section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301). ``(9) Other sanctions.--The President may apply the sanctions described in section 1605(c) with respect to actions of a foreign government.''. SEC. 6. WAIVER. Section 1606 is amended-- (1) by striking ``waiver'' each place it appears and inserting ``termination, modification, and waiver''; and (2) by striking ``waive'' each place it appears and inserting ``modify or waive''. SEC. 7. TERMINATION OF SANCTIONS. The Act is amended by inserting after section 1606 the following new section: ``SEC. 1606A. TERMINATION OF SANCTIONS. ``Except as otherwise provided in this title, the sanctions imposed pursuant to section 1604(a)(1) shall apply for a period of at least 24 months following the imposition of sanctions and shall cease to apply thereafter only if the President determines and certifies to the Congress that-- ``(1) reliable information indicates that the sanctioned person or government has ceased to violate this Act; and ``(2) the President has received reliable assurances from the sanctioned person or government that such person or government will not, in the future, violate this Act.''. SEC. 8. RULES AND REGULATIONS. The Act is amended by inserting after section 1607 the following new section: ``SEC. 1607A. RULES AND REGULATIONS. ``The President is authorized to prescribe such rules and regulations as the President may require to carry out this Act.''. SEC. 9. DEFINITIONS. Section 1608 is amended by adding at the end the following new paragraphs: ``(8) The term `goods or technology' includes any item of the type that is listed on the Nuclear Referral List under section 309(c) of the Nuclear Non-Proliferation Act of 1978, the United States Munitions List (established in section 38 of the Arms Export Control Act), or the MTCR Annex (as defined in section 74(4) of the Arms Export Control Act) or any item that is subject to licensing by the Nuclear Regulatory Commission. ``(9) The term `United States' includes territories and possessions of the United States and the customs waters of the United States, as defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401). ``(10) The term `weapons of mass destruction' includes nuclear, chemical, and biological weapons, bomber aircraft with a range in excess of 600 nautical miles, missiles, and missile equipment and technology.''. SEC. 10. CONFORMING AMENDMENT. Section 1602(a) is amended by striking ``chemical, biological, nuclear,'' and inserting ``weapons of mass destruction''.

Iran-Iraq Arms Non-Proliferation Amendments of 1993 - Amends the National Defense Authorization Act for Fiscal Year 1993 to establish mandatory sanctions (on Government procurement, U.S. imports, and export licenses) and discretionary sanctions (no financial dealings and no commerce with vessels that enter into ports of Iran or Iraq) to be imposed on persons who contribute knowingly and materially to efforts by Iran or Iraq to acquire weapons of mass destruction or the means of their delivery. Authorizes the President to exercise the authorities of the International Emergency Economic Powers Act to prohibit any transaction involving the property of a sanctioned person. Provides exceptions to the mandatory sanctions. Urges the President to initiate consultations with the government of a person sanctioned under this Act and to take steps in the United Nations and other multilateral groups to negotiate comprehensive multilateral sanctions under the United Nations Charter. Requires a report to the Congress concerning such consultations. Adds the conduct of knowingly contributing to the efforts of Iran or Iraq to acquire weapons of mass destruction or the means of their delivery to prohibited conduct for which certain sanctions shall be imposed against foreign countries under such Act. Adds to the authorized sanctions against such countries the denial of most-favored-nation status, the downgrading or suspension of diplomatic relations, the suspension of special trade privileges and trade agreements, the revocation of licenses for the export of nuclear materials, and the suspension of air flights to and from the United States. Provides exceptions and waivers. Requires imposed sanctions to apply for at least 24 months and to cease only if the President makes certain certifications to the Congress with respect to the cessation by the country or person of the action for which the sanctions were imposed.

Iran-Iraq Arms Non-Proliferation Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bridges to the Cuban People Act of 2001''. TITLE I--FACILITATION OF THE EXPORT OF FOOD AND MEDICINES TO CUBA SEC. 101. EXEMPTION FROM PROHIBITIONS AND RESTRICTIONS ON TRADE WITH CUBA TO PERMIT THE EXPORT OF FOOD AND MEDICINES TO CUBA. (a) In General.--Except as provided in subsection (b), any prohibition or restriction in law or regulation on trade or financial transactions with Cuba shall not apply with respect to the export of any agricultural commodity, farm machinery or equipment, medicine, or medical device, or with respect to travel incident to the sale or delivery of any agricultural commodity, farm machinery or equipment, medicine, or medical device, to Cuba. (b) Exceptions.--Subsection (a) does not apply to-- (1) any prohibition or restriction imposed under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) or successor statute for goods containing parts or components on which export controls are in effect under that section; or (2) any prohibition or restriction imposed under section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702) insofar as the prohibition or restriction is exercised to deal with a threat to the national security of the United States by virtue of the technology incorporated in such machinery or equipment. (c) Supersedes Existing Law.--Subsection (a) supersedes the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R. 5426 of the One Hundred Sixth Congress, as enacted into law by section 1(a) of Public Law 106-387, and as contained in the appendix of that Act) or any other provision of law. SEC. 102. REMOVAL OF CERTAIN PROHIBITIONS ON VESSELS ENTERING UNITED STATES PORTS. Section 1706(b) of the Cuban Democracy Act of 1992 (22 U.S.C. 6005(b); prohibiting certain vessels from entering United States ports) shall not apply with respect to vessels that transport to Cuba any item the export of which is permitted under section 101 or 404 of this Act. SEC. 103. STUDY AND REPORT RELATING TO EXPORT PROMOTION AND CREDIT PROGRAMS FOR CUBA. (a) Study.--The Secretary of Agriculture shall conduct a study of United States agricultural export promotion and credit programs in effect as of the date of enactment of this Act to determine how such programs may be carried out to promote the consumption of United States agricultural commodities in Cuba. (b) Report.--Not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture 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 containing-- (1) the results of the study conducted under subsection (a); and (2) recommendations for proposed legislation, if any, to improve the ability of the Secretary of Agriculture to utilize United States agricultural export promotion and credit programs with respect to the consumption of United States agricultural commodities in Cuba. SEC. 104. REPORT TO CONGRESS. Not later than 6 months after the date of enactment of this Act, the President shall submit to Congress a report that sets forth-- (1) the extent (expressed in volume and dollar amounts) of sales to Cuba of agricultural commodities, farm machinery and equipment, medicines, and medical devices, since the date of enactment of this Act; (2) a description of the types of the goods so exported; and (3) whether there has been any indication that any medicine or medical device exported to Cuba since the date of enactment of this Act-- (A) has been used for purposes of torture or other human rights abuses; (B) was reexported; or (C) was used in the production of any bio- technological product. SEC. 105. DEFINITIONS. In this title: (1) Agricultural commodity.--The term ``agricultural commodity''-- (A) has the meaning given the term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602); and (B) includes fertilizer. (2) Medical device.--The term ``medical device'' has the meaning given the term ``device'' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (3) Medicine.--The term ``medicine'' has the meaning given the term ``drug'' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 7321). TITLE II--EASING OF RESTRICTIONS ON TRAVEL BY UNITED STATES NATIONALS TO CUBA SEC. 201. TRAVEL TO CUBA. (a) In General.-- (1) Freedom of travel for united states nationals and lawful permanent resident aliens.-- (A) In general.--Subject to subsection (b), the President shall not regulate or prohibit, directly or indirectly-- (i) travel to, from, or within Cuba by nationals of the United States or aliens lawfully admitted for permanent residence in the United States; or (ii) any of the transactions incident to such travel that are set forth in paragraph (2). (B) Supersedes existing law.--Subparagraph (A) supersedes any other provision of law. (2) Transactions incident to travel.-- (A) In general.--Except as provided in subparagraph (B), the transactions referred to in paragraph (1) are-- (i) any transaction ordinarily incident to travel to or from Cuba, including the importation into Cuba or the United States of accompanied baggage for personal use only; (ii) any transaction ordinarily incident to travel or maintenance within Cuba, including the payment of living expenses and the acquisition of goods or services for personal use; (iii) any transaction ordinarily incident to the arrangement, promotion, or facilitation of travel to, from, or within Cuba; (iv) any transaction incident to nonscheduled air, sea, or land voyages, except that this clause does not authorize the carriage of articles into Cuba or the United States except accompanied baggage; and (v) any normal banking transaction incident to any activity described in any of the preceding clauses, including the issuance, clearing, processing, or payment of checks, drafts, travelers checks, credit or debit card instruments, or similar instruments. (B) Exclusion of certain goods for personal consumption.--The transactions described in subparagraph (A) do not include the importation into the United States of goods for personal consumption acquired in Cuba in excess of the amount established by the Secretary of the Treasury pursuant to section 321 of the Tariff Act of 1930 (19 U.S.C. 1321) or otherwise authorized by law. (b) Exceptions.--The prohibition contained in subsection (a)(1) does not apply in a case in which-- (1) the United States is at war with Cuba; (2) armed hostilities between the two countries are in progress or imminent; or (3) there is a credible threat to the public health or the physical safety of nationals of the United States who are traveling to, from, or within Cuba. (c) Applicability.--This section applies to actions taken by the President before the date of enactment of this Act that are in effect on such date, and to actions taken on or after such date. (d) Repeals.--There are repealed the following provisions of law: (1) Section 102(h) of Public Law 104-114 (22 U.S.C. 6032(h)). (2) Section 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R. 5426 of the One Hundred Sixth Congress, as enacted into law by section 1(a) of Public Law 106-387, and as contained in the appendix of that Act). (e) Definitions.--In this section: (1) Lawfully admitted for permanent residence.--The term ``lawfully admitted for permanent residence'' has the meaning given the term in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)). (2) National of the united states.--The term ``national of the United States'' has the meaning given the term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). TITLE III--SCHOLARSHIPS FOR CERTAIN CUBAN NATIONALS SEC. 301. SCHOLARSHIPS FOR GRADUATE STUDY. (a) Authority.-- (1) In general.--The President is authorized to provide scholarships under section 102 of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2452) for nationals of Cuba who seek to undertake graduate study in public health, public policy, economics, law, or other field of social science. In awarding scholarships under this paragraph, the President shall give preference to individuals not employed by the Cuban government or actively participating in the communist party. (2) Superseding existing law.--The authority of paragraph (1) shall be exercised without regard to any other provision of law. (b) Allocation of Funds.--Of the amounts authorized to be appropriated to carry out the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) for fiscal years 2002 through 2006, the following amounts are authorized to be available to carry out subsection (a): (1) For fiscal year 2002, $1,400,000 for not to exceed 20 scholarships. (2) For fiscal year 2003, $1,750,000 for not to exceed 25 scholarships. (3) For fiscal year 2004, $2,450,000 for not to exceed 35 scholarships. (4) For fiscal year 2005, $2,450,000 for not to exceed 35 scholarships. (5) For fiscal year 2006, $2,450,000 for not to exceed 35 scholarships. TITLE IV--MISCELLANEOUS PROVISIONS SEC. 401. WAIVER AUTHORITY WITH RESPECT TO THE PUBLIC LAW 104-114. (a) Waiver of Sanctions and Restrictions on Assistance.-- Notwithstanding any other provision of law, the President may waive any provision of title I or title II of Public Law 104-114 (22 U.S.C. 6021 et seq.) if the President determines that to do so will promote the peaceful transition to democracy in Cuba. (b) Waiver of Grounds of Inadmissibility of Certain Aliens.-- Notwithstanding any other provision of law or regulation, the President may waive provisions of title IV of Public Law 104-114 (22 U.S.C. 6021 et seq.; relating to the inadmissibility of certain aliens) if the President determines that to do so will further the national economic interest of the United States. SEC. 402. PROHIBITION ON LIMITING ANNUAL REMITTANCES. (a) In General.--Except as provided in subsection (b), the Secretary of the Treasury may not limit the amount of remittances to Cuba that may be made by any person who is subject to the jurisdiction of the United States, and the Secretary shall rescind all regulations in effect on the date of enactment of this Act that so limit the amount of those remittances. (b) Statutory Construction.--Nothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code (relating to the laundering of monetary instruments) or section 1957 of such title (relating to engaging in monetary transactions in property derived from specific unlawful activity). SEC. 403. IMPORTATION OF DRUGS AND DEVICES. Any prohibition or restriction in law (including a regulation) on trade or financial transactions with Cuba shall not apply with respect to-- (1) a new drug for which an application for investigation under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) has been submitted to the Secretary of Health and Human Services; (2) a biological product for which an application for investigation under section 351(a)(3) of the Public Health Service Act (42 U.S.C. 262(a)(3)) has been submitted to the Secretary of Health and Human Services; (3) a device for which an application for investigation under section 520(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(g)) has been submitted to the Secretary of Health and Human Services; (4) a drug that is the subject of an approved application under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); (5) a biological product that is the subject of an approved license under section 351 of the Public Health Service Act (42 U.S.C. 262); or (6) a device that-- (A) is cleared for marketing under section 510(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k)); (B) is the subject of an approved application for premarket approval under section 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e); or (C) is exempted from premarket clearance under subsection (l) or (m) of section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360). SEC. 404. PROHIBITION ON UNILATERAL SANCTIONS ON GOODS OR SERVICES INTENDED FOR EXCLUSIVE USE OF CHILDREN. Funds made available under any provision of law may not be used to administer or enforce any sanction by the United States on exports of goods or services intended for the exclusive use of children (other than a sanction imposed pursuant to an agreement with one or more other countries).

Bridges to the Cuban People Act of 2001 - Exempts from the embargo on trade with Cuba (including prohibitions under the Cuban Democracy Act of 1992 against the unloading at a U.S. port of vessels that previously entered a Cuban port to engage in trade) the export of any agricultural commodity, farm machinery or equipment, medicine, or medical device, or any travel incident to the delivery of such items.Prohibits the President from prohibiting or regulating travel to or from or within Cuba by U.S. nationals or lawful resident aliens, including specified transactions ordinarily incident to such travel, financial or otherwise.Authorizes the President to provide scholarships for Cuban nationals who seek to undertake graduate study in public health, public policy, economics, law, or other field of social science.Authorizes the President to waive certain sanctions against, and restrictions on assistance to, Cuba, including the exclusion from the United States of certain aliens who have confiscated property in Cuba of U.S. nationals or who traffics in such property, if he determines that it will promote the peaceful transition to democracy in Cuba or will further U.S. national economic interests.Prohibits the Secretary of the Treasury from limiting the amount of remittances to Cuba that any U.S. person may make.Exempts from prohibitions or restrictions on trade with Cuba the import of certain drugs, biological products, and medical devices into the United States.Prohibits the use of funds to enforce unilateral sanctions on the export of goods and services intended for the exclusive use of children in Cuba.

A bill to provide the people of Cuba with access to food and medicines from the United States, to ease restrictions on travel to Cuba, to provide scholarships for certain Cuban nationals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Pain Care Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Acute and chronic pain are prevalent conditions within the population of veterans. (2) Methods of modern warfare, including the use of improvised explosive devices, produce substantial numbers of battlefield casualties with significant damage to both the central and peripheral nervous systems. (3) The successes of military health care, both on and off the battlefield, result in high survival rates of severely injured military personnel who will be afflicted with significant pain disorders on either an acute or chronic basis. (4) Failure to treat pain appropriately at the time of transition from receipt of care from the Department of Defense to receipt of care from the Department of Veterans Affairs contributes to the development of long-term chronic pain syndromes, in some cases accompanied by long-term mental health and substance use disorders. (5) Pain is a leading cause of short-term and long-term disability among veterans. (6) The Department of Veterans Affairs has implemented important pain care programs at some facilities and in some areas, but comprehensive pain care is not consistently provided on a uniform basis throughout the health care system of the Department to all patients in need of such care. (7) Inconsistent and ineffective pain care provided by the Department of Veterans Affairs leads to pain-related impairments, occupational disability, and medical and mental complications for veterans with acute and chronic pain, with long-term costs for the health care and disability systems of the Department and for society at large. (8) Research, diagnosis, treatment, and management of acute and chronic pain for veterans constitute health care priorities of the United States. SEC. 3. PAIN CARE INITIATIVE IN DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE FACILITIES. (a) Requirement.--Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1720F. Pain care ``(a) In General.--The Secretary shall carry out at each health care facility of the Department an initiative on pain care. ``(b) Elements.--The initiative at each health care facility of the Department shall ensure that each individual receiving treatment in such health care facility receives the following: ``(1) An assessment for pain at the time of admission or initial treatment, and periodically thereafter, using a professionally recognized pain assessment tool or process. ``(2) Appropriate pain care consistent with recognized means for assessment, diagnosis, treatment, and management of acute and chronic pain, including when appropriate, access to specialty pain management services.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720E the following new item: ``1720F. Pain care.''. (c) Implementation.--The Secretary of Veterans Affairs shall ensure that the pain care initiatives required by section 1720F of title 38, United States Code, as added by subsection (a), are implemented at all health care facilities of the Department of Veterans affairs by not later than-- (1) January 1, 2008, in the case of inpatient care; and (2) January 1, 2009, in the case of outpatient care. SEC. 4. PROGRAM ON RESEARCH AND TRAINING ON PAIN IN DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7330A. Program of research and training on acute and chronic pain ``(a) In General.--The Secretary shall carry out within the Medical and Prosthetic Research Service of the Veterans Health Administration a program of research and training on acute and chronic pain. ``(b) Purposes.--The purposes of the program shall include the following: ``(1) To identify research priorities most relevant to the treatment of the types of acute and chronic pain suffered by veterans. ``(2) To promote, conduct, and coordinate research in accordance with such research priorities-- ``(A) through the facilities and programs of the Department; and ``(B) in cooperation with other agencies, institutions, and organizations, including the Department of Defense. ``(3) To educate and train health care personnel of the Department with respect to the assessment, diagnosis, treatment, and management of acute and chronic pain. ``(c) Designation of Centers.--(1) The Secretary shall designate an appropriate number of facilities of the Department as cooperative centers for research and education on pain. Each such center shall be designated with a focus on research and training on one or more of the following: ``(A) Acute pain. ``(B) Chronic pain. ``(C) A research priority identified under subsection (b)(1). ``(2) The Secretary shall designate at least one of the centers designated under paragraph (1) as a lead center for research on pain attributable to central and peripheral nervous system damage commonly associated with the battlefield injuries characteristic of modern warfare. ``(3) The Secretary shall designate one of the centers designated under paragraph (1) as the lead center for coordinating the pain care research activities of the centers designated under this subsection. The functions of such center shall be the following: ``(A) To review and evaluate periodically the research of the centers designated under this subsection and to ensure that such research is conducted in accordance with the research priorities identified pursuant to subsection (b)(1). ``(B) To collect and disseminate the results of the research of the centers designated under this subsection. ``(C) To develop and disseminate educational materials and products-- ``(i) to enhance the assessment, diagnosis, treatment, and management of acute and chronic pain by the health care professionals and facilities of the Veterans Health Administration; and ``(ii) for veterans suffering from acute or chronic pain and their families. ``(d) Award of Funding.--Centers designated under subsection (c) may compete for the award of funding from amounts appropriated to the Department each fiscal year for medical and prosthetics research. ``(e) National Oversight.--The Under Secretary of Health shall designate an appropriate officer-- ``(1) to oversee the operation of the centers designated under subsection (c); and ``(2) to review and evaluate periodically the performance of such centers.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7330 the following new item: ``7330A. Program of research and training on acute and chronic pain.''.

Veterans Pain Care Act of 2007 - Directs the Secretary of Veterans Affairs to carry out at each Department of Veterans Affairs (VA) health care facility an initiative on pain care which shall include, for each individual receiving treatment at such facility: (1) an assessment for pain at the time of admission or initial treatment, and periodic assessments thereafter; and (2) appropriate pain care including, when necessary, access to specialty pain management services. Directs the Secretary to carry out within the Medical and Prosthetic Research Service of the Veterans Health Administration a program of research and training on acute and chronic pain. Requires the Secretary, under such program, to designate cooperative centers for research and education on pain, with at least one center as a lead center for research on pain attributable to central and peripheral nervous system damage commonly associated with battlefield injuries characteristic of modern warfare.

A bill to amend title 38, United States Code, to establish a pain care initiative in health care facilities of the Department of Veterans Affairs, and for other purposes.

SECTION 1. EXPORTS OF ALASKAN NORTH SLOPE OIL. Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended by amending subsection (s) to read as follows: ``exports of alaskan north slope oil ``(s)(1) Subject to paragraphs (2) through (6) of this subsection and notwithstanding any other provision of this Act or any other provision of law (including any regulation) applicable to the export of oil transported by pipeline over right-of-way granted pursuant to section 203 of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1652), such oil may be exported unless the President finds that exportation of this oil is not in the national interest. The President shall make his national interest determination within five months of the date of enactment of this subsection. In evaluating whether exports of this oil are in the national interest, the President shall at a minimum consider-- ``(A) whether exports of this oil would diminish the total quantity or quality of petroleum available to the United States; ``(B) the results of an appropriate environmental review, including consideration of appropriate measures to mitigate any potential adverse effects of exports of this oil on the environment, which shall be completed within four months of the date of the enactment of this subsection; and ``(C) whether exports of this oil are likely to cause sustained material oil supply shortages or sustained oil prices significantly above world market levels that would cause sustained material adverse employment effects in the United States or that would cause substantial harm to consumers, including noncontiguous States and Pacific territories. If the President determines that exports of this oil are in the national interest, he may impose such terms and conditions (other than a volume limitation) as are necessary or appropriate to ensure that such exports are consistent with the national interest. ``(2) Except in the case of oil exported to a country with which the United States entered into a bilateral international oil supply agreement before November 26, 1979, or to a country pursuant to the International Emergency Oil Sharing Plan of the International Energy Agency, any oil transported by pipeline over right-of-way granted pursuant to section 203 of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1652) shall, when exported, be transported by a vessel documented under the laws of the United States and owned by a citizen of the United States (as determined in accordance with section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)). ``(3) Nothing in this subsection shall restrict the authority of the President under the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or the National Emergencies Act (50 U.S.C. 1601 et seq.) to prohibit exports of this oil or under Part B of title II of the Energy Policy and Conservation Act (42 U.S.C. 6271-76). ``(4) The Secretary of Commerce shall issue any rules necessary for implementation of the President's national interest determination, including any licensing requirements and conditions, within 30 days of the date of such determination by the President. The Secretary of Commerce shall consult with the Secretary of Energy in administering the provisions of this subsection. ``(5) If the Secretary of Commerce finds that exporting oil under authority of this subsection has caused sustained material oil supply shortages or sustained oil prices significantly above world market levels and further finds that these supply shortages or price increases have caused or are likely to cause sustained material adverse employment effects in the United States, the Secretary of Commerce, in consultation with the Secretary of Energy, shall recommend, and the President may take, appropriate action concerning exports of this oil, which may include modifying or revoking authority to export such oil. ``(6) Administrative action under this subsection is not subject to sections 551 and 553 through 559 of title 5, United States Code.''. SEC. 2. GAO REPORT. (a) Review.--The Comptroller General of the United States shall conduct a review of energy production in California and Alaska and the effects of Alaskan North Slope oil exports, if any, on consumers, independent refiners, and shipbuilding and ship repair yards on the West Coast and in Hawaii. The Comptroller General shall commence this review two years after the date of enactment of this Act and, within six months after commencing the review, shall provide a report to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources and the Committee on Commerce of the House of Representatives. (b) Contents of Report.--The report shall contain a statement of the principal findings of the review and recommendations for Congress and the President to address job loss in the shipbuilding and ship repair industry on the West Coast, as well as adverse impacts on consumers and refiners on the West Coast and in Hawaii, that the Comptroller General attributes to Alaska North Slope oil exports. Passed the House of Representatives July 24, 1995. Attest: ROBIN H. CARLE, Clerk.

Amends the Mineral Leasing Act to permit the export of Alaskan North Slope oil unless the President finds, within five months after enactment of this Act, that such exportation is not in the national interest. Sets forth mandatory considerations in evaluating whether such exportation is in the national interest, including an environmental review and supply and employment impact analysis. Mandates that, except in certain cases, such oil be transported by U.S.-owned merchant marine vessels. Retains the President's authority to prohibit exportation of the oil. Instructs the Secretary of Commerce to issue, within 30 days after the President's national interest determination, necessary rules, including any licensing requirements and conditions, to implement such determination. Directs the Secretary to recommend that the President take appropriate action (including modification of export authorization) if oil exports under authority of this Act have caused sustained material supply shortages or price increases significantly above world market levels, together with sustained material adverse effects upon domestic employment. Instructs the Comptroller General to review and report to specified congressional committees on energy production in California and Alaska and the effects of Alaskan North Slope crude oil exports upon consumers, independent refiners, and shipbuilding and ship repair yards on the West Coast and in Hawaii.

To permit exports of certain domestically produced crude oil, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Claims Procedures Improvement Act of 2003''. SEC. 2. TIME LIMITATION ON INFORMATION TO COMPLETE CLAIM. Section 5102 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c)(1) If the Secretary notifies a claimant and the claimant's representative, if any, under subsection (b) that certain information is necessary to complete the claimant's application and that information is not received by the Secretary within one year from the date of such notification, no benefit may be paid or furnished by reason of the claimant's application. ``(2) This subsection shall not apply to any application or claim for Government life insurance benefits.''. SEC. 3. EFFECT OF NOTICE TO CLAIMANTS OF REQUIRED INFORMATION AND EVIDENCE. (a) Notice Required to Be in Writing.--Subsection (a) of section 5103 of title 38, United States Code, is amended by inserting ``in writing'' in the first sentence after ``shall notify''. (b) Time Limitation.--Subsection (b) of that section is amended-- (1) in paragraph (1), by striking ``if such'' and all that follows through ``application'' and inserting ``such information or evidence must be submitted within the time period specified by the Secretary, which period shall end not less than 60 days after the date of such notification or one year from the date of application, whichever is later''; (2) by redesignating paragraph (2) as paragraph (4); and (3) by inserting after paragraph (1) the following new paragraphs: ``(2) The Secretary may in any case extend for good cause the time period under paragraph (1) for submitting information or evidence. ``(3) The limitation in paragraph (1) shall not be construed to prohibit the Secretary from making a decision on a claim before the end of the period specified under that paragraph. If the Secretary issues a decision before the end of the period specified in paragraph (1) and information or evidence pertinent to the claim is received within that period, the prior decision shall be readjudicated, the information or evidence shall be considered, and a new decision shall be issued.''. (c) Effect on Prior Cases.--In the case of a claimant for benefits under laws administered by the Secretary of Veterans Affairs who asserts that after November 9, 2000, the claimant was misled by a notification from the Secretary that information and evidence needed to substantiate the claim was required to be submitted before the end of the one-year period provided in section 5103 of title 38, United States Code, the claimant may request to have the prior decision vacated and a new decision issued. Upon receiving such a request, the Secretary shall vacate the decision and issue a new decision if the request, information, and evidence are submitted not later than one year after the date of the enactment of this Act. Unless there is a timely request from the claimant or the claimant's legal representative, nothing in this Act shall be construed as establishing a duty on the part of the Secretary of Veterans Affairs to locate and readjudicate a claim described in this subsection. SEC. 4. CLARIFICATION OF PROCEDURES APPLICABLE TO FILING A NOTICE OF DISAGREEMENT WITH THE BOARD OF VETERANS APPEALS. (a) Notice of Disagreement.--Section 7105 of title 38, United States Code, is amended-- (1) by redesignating subsections (b), (c), and (d) as subsections (d), (e), and (f), respectively; and (2) by striking subsection (a) and inserting the following: ``(a) Appellate review shall be initiated by a written notice submitted to the Secretary expressing disagreement with an initial determination of the Secretary. Such a notice may be referred to as a `notice of disagreement'. Unless the claimant or the claimant's representative clearly indicates that the claimant does not want appellate review of the determination in whole or in part, any such notice shall be sufficient to initiate appellate review of the determination. ``(b)(1) If it is not clear from the claimant's notice whether or not appellate review is desired or what issue or issues are being appealed, the claimant shall be notified in writing and requested to provide clarification. Any such notification shall indicate that the adjudicative determination will be final if no valid notice of disagreement is received before the end of the 60-day period beginning on the date on which the request for clarification is sent or the one- year period beginning on the date of the adjudicative determination, whichever is later. ``(2) Unless clarification requested under paragraph (1) is received within the time period prescribed in that paragraph or within any extension of time granted by the Secretary for good cause, the document shall not be treated as a notice of disagreement. ``(c) In order to proceed on the appeal, the claimant must submit a written substantive appeal after a statement of the case is furnished as prescribed in this section. The appellant shall be accorded hearing and representation rights in accordance with this chapter and regulations of the Secretary.''. (b) Manner of Filing Notice of Disagreement.--Paragraph (1) of subsection (d) of such section, as redesignated by subsection (a)(1), is amended-- (1) in the first sentence-- (A) by inserting ``or as otherwise provided in subsection (b),'' after ``contested claims,''; and (B) by striking ``initial review or determination'' and inserting ``the initial determination''; and (2) in the second sentence, by striking ``notice, and'' and all that follows and inserting ``notice and appeal must be filed with the Secretary.''. (c) Conforming Amendments.--(1) Paragraph (1) of subsection (f) of such section, as redesignated by subsection (a)(1), is amended-- (A) in the first sentence, by striking ``the decision of'' and all that follows through ``deems proper'' and inserting ``the Secretary, the Secretary shall take such development or review action as the Secretary considers proper''; and (B) in the second sentence, by striking ``such agency'' and inserting ``the Secretary''. (2) Paragraph (3) of such subsection is amended by striking ``The agency of original jurisdiction'' at the beginning of the last sentence and inserting ``The Secretary''.

Veterans Claims Procedures Improvement Act of 2003 - Prohibits payment or furnishing of veterans' benefits, if the Secretary of Veterans Affairs notifies a benefit claimant that certain information is necessary to complete the claimant's application and such information is not received by the Secretary within one year after such notification. Requires written notification to a claimant by the Secretary of additional information or evidence needed to complete a claim application. (Current law requires notification, but does not specify that the notification must be written.) Requires the claimant to submit to the Secretary such additional information or evidence within the time period specified by the Secretary, which period shall end not less than 60 days after the date of such notification or one year from the date of application, whichever is later. Allows the Secretary to: (1) extend the time limits for good cause; and (2) decide a claim before the end of such limits. Revises appellate review procedures applicable to filing a notice of disagreement with the Board of Veterans Appeals to require a claimant to be notified in writing to provide clarification on whether or not appellate review is desired or what issue or issues are being appealed.

To amend title 38, United States Code, to make certain improvements in the procedures for adjudication of claims for benefits under laws administered by the Secretary of Veterans Affairs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Victims of Terrorism Act of 2002''. SEC. 2. SATISFACTION OF JUDGMENTS FROM FROZEN ASSETS OF TERRORISTS, TERRORIST ORGANIZATIONS, AND STATE SPONSORS OF TERRORISM. (a) In General.--Notwithstanding any other provision of law, and except as provided in subsection (b), in every case in which a person has obtained a judgment against a terrorist party on a claim based upon an act of terrorism or for which a terrorist party is not immune under section 1605(a)(7) of title 28, United States Code, the blocked assets of that terrorist party (including the blocked assets of any agency or instrumentality of that terrorist party) shall be subject to execution or attachment in aid of execution in order to satisfy such judgment to the extent of any compensatory damages for which such terrorist party has been adjudged liable. (b) Presidential Waiver.-- (1) In general.--Subject to paragraph (2), upon determining on an asset-by-asset basis that a waiver is necessary in the national security interest, the President may waive the requirements of subsection (a) in connection with (and prior to the enforcement of) any judicial order directing attachment in aid of execution or execution against any property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations. (2) Exception.--A waiver under this subsection shall not apply to-- (A) property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations that has been used by the United States for any nondiplomatic purpose (including use as rental property), or the proceeds of such use; or (B) the proceeds of any sale or transfer for value to a third party of any asset subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations. (c) Special Rule for Cases Against Iran.--Section 2002 of the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386; 114 Stat. 1542) is amended-- (1) in subsection (a)(2)(A)(ii), by inserting after ``July 27, 2000'' the following: ``or before October 28, 2000,''; (2) in subsection (b)(2)(B)(i), by inserting after ``the date of enactment of this Act'' the following: ``(less amounts therein as to which the United States has an interest in subrogation pursuant to subparagraph (C) arising prior to the date of entry of the judgment or judgments to be satisfied in whole or in part hereunder).''; (3) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (4) by inserting after subsection (c) the following new subsection (d): ``(d) Distribution of Foreign Military Sales Funds Inadequate to Satisfy Full Amount of Compensatory Awards Against Iran.-- ``(1)(A) In the event that the Secretary determines that the amounts available to be paid under subsection (b)(2) are inadequate to pay the entire amount of compensatory damages awarded in judgments issued as of the date of the enactment of the Justice for Victims of Terrorism Act of 2002 in cases identified in subsection (a)(2)(A), the Secretary shall, not later than 60 days after such date, make payment from the account specified in subsection (b)(2) to each party to which such judgment has been issued a share of the amounts in that account which are not subject to subrogation to the United States under this Act. ``(B) The amount so paid to each such person shall be calculated by the proportion that the amount of compensatory damages awarded in a judgment issued to that particular person bears to the total amount of all compensatory damages awarded to all persons to whom judgments have been issued in cases identified in subsection (a)(2)(A) as of the date referred to in subparagraph (A). ``(2) Nothing herein shall bar, or require delay in, enforcement of any judgment to which this subsection applies under any procedure or against assets otherwise available under this section or under any other provision of law. ``(3) Any person receiving less than the full amount of compensatory damages awarded to that party in judgments to which this subsection applies shall not be required to make the election set forth in subsection (a)(2)(C) in order to qualify for payment hereunder.''. (d) Definitions.--In this section: (1) The term ``terrorist party'' means a terrorist, a terrorist organization, or a foreign state designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371). (2) The term ``blocked asset'' means any asset seized or frozen by the United States in accordance with law, or otherwise held by the United States without claim of ownership by the United States. (3) The term ``property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations'' and the term ``asset subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations'' mean any property or asset, respectively, the attachment in aid of execution or execution of which would result in a violation of an obligation of the United States under the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, as the case may be.

Justice for Victims of Terrorism Act of 2002 - Mandates satisfaction of judgements against a terrorist party from the frozen assets of terrorists, terrorist organizations, and State sponsors of terrorism. Authorizes the President to waive this requirement before the enforcement of any judicial order directing attachment in aid of execution against property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, upon a determination on an asset-by-asset basis that waiver is necessary in the national security interest.Amends the Victims of Trafficking and Violence Protection Act of 2000 to set forth a special rule for cases against Iran with respect to distribution of foreign military sales funds inadequate to satisfy the amount of compensatory awards against Iran.

To provide for satisfaction of judgements from frozen assets of terrorists, terrorist organizations, and State sponsors of terrorism, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hadiya Pendleton and Nyasia Pryear- Yard Gun Trafficking and Crime Prevention Act of 2017''. SEC. 2. FIREARMS TRAFFICKING. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Trafficking in firearms ``(a) Offenses.--It shall be unlawful for any person, regardless of whether anything of value is exchanged-- ``(1) to ship, transport, transfer, or otherwise dispose to a person, 2 or more firearms in or affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that such shipping, transportation, transfer, or disposition of the firearm would be in violation of, or would result in a violation of any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; ``(2) to receive from a person, 2 or more firearms in or affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year; ``(3) to make a statement to a licensed importer, licensed manufacturer, or licensed dealer relating to the purchase, receipt, or acquisition from a licensed importer, licensed manufacturer, or licensed dealer of 2 or more firearms that have moved in or affected interstate or foreign commerce that-- ``(A) is material to-- ``(i) the identity of the actual buyer of the firearms; or ``(ii) the intended trafficking of the firearms; and ``(B) the person knows or has reasonable cause to believe is false; or ``(4) to direct, promote, or facilitate conduct specified in paragraph (1), (2), or (3). ``(b) Penalties.-- ``(1) In general.--Any person who violates, or conspires to violate, subsection (a) shall be fined under this title, imprisoned for not more than 20 years, or both. ``(2) Organizer enhancement.--If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, such person may be sentenced to an additional term of imprisonment of not more than 5 consecutive years. ``(c) Definitions.--In this section-- ``(1) the term `actual buyer' means the individual for whom a firearm is being purchased, received, or acquired; and ``(2) the term `term of imprisonment exceeding 1 year' does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``932. Trafficking in firearms.''. (c) Directive to the Sentencing Commission.-- (1) In general.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)). (2) Requirements.--In carrying out this section, the Commission shall-- (A) review the penalty structure that the guidelines currently provide based on the number of firearms involved in the offense and determine whether any changes to that penalty structure are appropriate in order to reflect the intent of Congress that such penalties reflect the gravity of the offense; and (B) review and amend, if appropriate, the guidelines and policy statements to reflect the intent of Congress that guideline penalties for violations of section 932 of title 18, United States Code, and similar offenses be increased substantially when committed by a person who is a member of a gang, cartel, organized crime ring, or other such enterprise or in concert with another person who is a member of a gang, cartel, organized crime ring, or other such enterprise.

Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention Act of 2017 This bill amends the federal criminal code to make trafficking in firearms a stand-alone criminal offense. A person who commits or conspires to commit a gun trafficking offense is subject to criminal penalties—a prison term of up to 20 years (or up to 25 years, if the person also acted as an organizer), a fine, or both.  The U.S. Sentencing Commission must review and, if appropriate, amend the sentencing guidelines and policy statements that apply to persons convicted of trafficking in firearms.

Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Administrative Leave Reform Act''. SEC. 2. LIMITATION ON ADMINISTRATIVE LEAVE. (a) In General.--Subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 6330. Limitation on administrative leave ``(a) In General.--During any calendar year, an employee may not be placed on administrative leave, or any other paid non-duty status without charge to leave, for more than 14 total days for reasons relating to misconduct or performance. After an employee has been placed on administrative leave for 14 days, the employing agency shall return the employee to duty status, utilizing telework if available, and assign the employee to duties if such employee is not a threat to safety, the agency mission, or Government property. ``(b) Extended Administrative Leave.-- ``(1) In general.--If an agency finds that an employee is a threat to safety, the agency mission, or Government property and upon the expiration of the 14-day period described in subsection (a), an agency head may place the employee on extended administrative leave for additional periods of not more than 30 days each. ``(2) Report.--For any additional period of 30 days granted to the employee after the initial 30-day extension, the agency head shall submit to the Committee on Oversight and Government Reform in the House of Representatives, the agency's authorizing committees of jurisdiction of the House of Representatives and the Senate, and the Committee on Homeland Security and Governmental Affairs of the Senate a report, not later than 5 business days after granting the additional period, containing-- ``(A) title, position, office or agency subcomponent, job series, pay grade, and salary of the employee on administrative leave; ``(B) a description of the work duties of the employee; ``(C) the reason the employee is on administrative leave; ``(D) an explanation as to why the employee is a threat to safety, the agency mission, or Government property; ``(E) an explanation as to why the employee is not able to telework or be reassigned to another position within the agency; ``(F) in the case of a pending related investigation of the employee-- ``(i) the status of such investigation; and ``(ii) the certification described in subsection (c)(1); and ``(G) in the case of a completed related investigation of the employee-- ``(i) the results of such investigation; and ``(ii) the reason that the employee remains on administrative leave. ``(c) Extension Pending Related Investigation.-- ``(1) In general.--If an employee is under a related investigation by an investigative entity at the time an additional period described under subsection (b)(2) is granted and, in the opinion of the investigative entity, additional time is needed to complete the investigation, such entity shall certify to the applicable agency that such additional time is needed and include in the certification an estimate of the length of such additional time. ``(2) Limitation.--The head of an agency may not grant an additional period of administrative leave described under subsection (b)(2) to an employee on or after the date that is 30 days after the completion of a related investigation by an investigative entity. ``(d) Definitions.--In this section, the following definitions apply: ``(1) Investigative entity.--The term `investigative entity' means an internal investigative unit of the agency granting administrative leave, the Office of Inspector General, the Office of the Attorney General, or the Office of Special Counsel. ``(2) Related investigation.--The term `related investigation' means an investigation that pertains to the underlying reasons an employee was placed on administrative leave.''. (b) Effective Date.--The amendment made by subsection (a) shall begin to apply 90 days after the date of enactment of this Act. (c) Rules of Construction.--Nothing in the amendment made by subsection (a) shall be construed to-- (1) supersede the provisions of chapter 75 of title 5, United States Code; or (2) limit the number of days that an employee may be placed on administrative leave, or any other paid non-duty status without charge to leave, for reasons unrelated to misconduct or performance. (d) Clerical Amendment.--The table of sections for subchapter II of chapter 63 of title 5, United States Code, is amended by adding after the item relating to section 6329 the following new item: ``6330. Limitation on administrative leave.''. Passed the House of Representatives April 26, 2016. Attest: KAREN L. HAAS, Clerk.

Administrative Leave Reform Act (Sec. 2) This bill prohibits placing a federal employee on administrative leave, or any other paid non-duty status without charge to leave, for more than 14 total days for reasons relating to misconduct or performance. After an employee has been placed on administrative leave for 14 days, the employing agency: (1) shall return the employee to duty status, utilizing telework if available, and assign the employee to duties if such employee is not a threat to safety, the agency mission, or government property; or (2) may place an employee who is found to be such a threat on extended administrative leave for additional periods of not more than 30 days each. For any additional period of 30 days granted to the employee after the initial 30-day extension, the agency shall submit a report containing: the title, position, office or agency subcomponent, job series, pay grade, and salary of the employee; a description of the employee's work duties; the reason for the administrative leave; an explanation as to why the employee is such a threat; an explanation as to why the employee is not able to telework or be reassigned to another position within the agency; the status of any pending related investigation and a certification that such additional time is needed; and the results of a completed investigation and the reason that the employee remains on administrative leave. An investigative entity must certify to the applicable agency that such additional time is needed and include an estimate of the length of such additional time. An agency may not grant such additional period of administrative leave to an employee on or after 30 days following the completion of a related investigation.

Administrative Leave Reform Act

SECTION 1. RELATIONSHIP TO OUTER CONTINENTAL SHELF LEASING PROGRAM AND EXISTING LAW. (a) Relationship to Outer Continental Shelf Leasing Program.-- Notwithstanding the Outer Continental Shelf Leasing Program maintained by the Secretary pursuant to section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) or any lease sale schedule contained in a specific leasing program thereunder, the Secretary shall carry out such program consistent with the provisions of this Act. (b) Relationship to Existing Law.--Except as otherwise specifically provided in this Act, nothing in this Act shall be construed to affect the application of other Federal law to activities conducted on the Outer Continental Shelf. SEC. 2. OUTER CONTINENTAL SHELF LEASING ENVIRONMENTAL SCIENCES REVIEW. (a) Environmental Sciences Review Panel.-- (1) Establishment.--An environmental sciences review panel shall be established for the areas of the Outer Continental Shelf that are offshore Florida. (2) Purposes.--The purposes of the review panel established under paragraph (1) shall be-- (A) to assess the adequacy of available physical oceanographic, ecological, and socioeconomic information in enabling the Secretary to carry out his responsibilities under the Outer Continental Shelf Lands Act with respect to authorizing-- (i) leasing and exploration; and (ii) development and production, in the area covered by such review panel; (B) if such available information is not adequate for such purposes, to identify the additional studies required to obtain such information; (C) to identify the potential physical oceanographic, ecological, and socioeconomic impacts of exploration and development in the area covered by such review panel; (D) to provide for and supervise the peer review, by qualified scientists not employed by the Federal Government, of the proposed studies identified under subparagraph (B) before their submission to the Secretary and separate reviews of each research proposal designed to implement those studies; and (E) to report to the Secretary on its findings and recommendations under this paragraph. (3) Membership.--The review panel established under paragraph (1) shall consist of-- (A) one representative each from the Environmental Protection Agency, the Minerals Management Service, the National Oceanic and Atmospheric Administration, and the United States Fish and Wildlife Service; (B) four representatives from the State of Florida approved by the Governor of such State; and (C) three members appointed by the Secretary of Commerce from a list of individuals nominated by the National Academy of Sciences who are professional scientists in the fields of physical oceanography, marine ecology, and social science. (4) Compensation.--(A) Members of the review panel appointed under paragraph (3)(C), while performing official duties under this Act shall receive compensation for travel and transportation expenses under section 5703 of title 5, United States Code. (B) Members of the review panel appointed under paragraph (3)(C) may be compensated at a rate to be fixed by the Secretary of Commerce, but not in excess of the maximum rate of pay for grade GS-18 provided in the General Schedule under section 5332 of title 5, United States Code, for each day such member spends performing the duties of the panel. (b) Reports to Congress.--The Secretary shall, after consideration of the findings and recommendations of the review panel established under subsection (a), submit a report to the Congress-- (1) certifying that the physical oceanographic, ecological, and socioeconomic information available is sufficient to enable the Secretary to carry out his responsibilities under the Outer Continental Shelf Lands Act with respect to authorizing leasing and development in the area covered by such review panel; and (2) including a detailed explanation of any differences between such certification and the findings and recommendations of the review panel, along with a detailed justification for each such difference. (c) Leasing Considerations.--The Secretary shall, in determining whether to lease any area described in subsection (a)(1)-- (1) consider the findings and recommendations of the review panel established under subsection (a); and (2) to the extent that the Secretary disagrees with such findings and recommendations, provide substantial evidence for such disagreement. SEC. 3. RESTRICTIONS AND REQUIREMENTS. (a) General Rule.--In the areas described in section 2(a)(1), the following restrictions and requirements shall apply: (1) No preleasing activity shall be conducted before the issuance of the first final 5-year leasing plan under section 18 of the Outer Continental Shelf Lands Act after January 1, 2002. (2) No lease sale shall be held until after the expiration of 45 days of continuous session of Congress after the Secretary submits a report with respect to the area under section 2(b). (b) Specific Provisions.--(1) In the Eastern Gulf of Mexico Planning Area north of 26 degrees north latitude and east of the lateral seaward boundary between the States of Florida and Alabama, no exploration or development plans or permits to drill shall be approved for any lease in existence on the date of enactment of this Act until after January 1, 2002. (2) In the Eastern Gulf of Mexico Planning Area offshore Florida, south of 26 degrees north latitude and east of 86 degrees west longitude-- (A) studies to acquire the information found inadequate by the National Research Council's report shall be completed prior to any lease sale held after January 1, 2002; and (B)(i) notwithstanding the requirements of section 5(a)(2) (A) and (B) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2) (A) and (B)), the Secretary, within 90 days after the date of enactment of this Act, shall cancel any active leases in the area; (ii) before the cancellation required under clause (i), no exploration or development plans or permits to drill shall be approved for any such lease in existence on the date of enactment of this Act; and (iii) compensation to lessees owning leases that are canceled under clause (i) shall be determined under section 5(a)(2) (C) and (D) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2) (C) and (D)). (c) Continuous Session of Congress.--In computing any 45-day period of continuous session of Congress under this section-- (1) continuity of session is broken only by an adjournment of the Congress sine die; and (2) the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain are excluded. SEC. 4. ENVIRONMENTAL STUDIES. Section 20(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1346(a)(1)) is amended by adding at the end the following new sentence: ``Such study shall include an assessment of the adequacy of available physical oceanographic, ecological, and socioeconomic information.''. SEC. 5. ADEQUACY OF INFORMATION. Section 20 of the Outer Continental Shelf Lands Act (43 U.S.C. 1346) is amended by adding at the end the following new subsection: ``(g) Adequacy of Information.--For the purposes of this section, the term `adequacy' means sufficiently complete to enable necessary decisions to be made under this Act, and of sufficient quality to be repeatable, reliable, and valid in measurements and analysis with appropriate methods and subject.''. SEC. 6. COMPENSATION FOR LEASE BUYBACKS. Section 5(a)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2)) is amended-- (1) by inserting ``and'' at the end of subparagraph (C); and (2) by adding at the end the following new subparagraph: ``(D) that compensation a lessee is entitled to receive under subparagraph (C) may be made in the form of currency, forgiveness of the lessee's obligation to pay rents or royalties which would otherwise be paid to the Federal Government on another lease issued pursuant to this Act, or a combination of currency with such forgiveness.''. SEC. 7. DEFINITIONS. For the purposes of this Act-- (1) terms defined in the Outer Continental Shelf Lands Act have the meaning given such terms in that Act; (2) references to specific Outer Continental Shelf planning areas shall be to areas so designated in the Department of the Interior Outer Continental Shelf Natural Gas and Oil Resource Management Comprehensive Program 1992-1997 Proposal, dated July 1991; (3) the term ``adequate'' means sufficiently complete to enable necessary decisions to be made under the Outer Continental Shelf Lands Act, and of sufficient scientific quality to be repeatable, reliable, and valid in measurements and analysis with appropriate methods and subject; (4) the term ``National Research Council's report'' means the report entitled ``The Adequacy of Environmental Information for Outer Continental Shelf Oil and Gas Decisions: Florida and California'' issued in 1989 by the Council's Committee to Review the Outer Continental Shelf Environmental Studies Program and supported by the President's Outer Continental Shelf Leasing and Development Task Force through Department of the Interior Contract No. 1435000130495; and (5) the term ``preleasing activities'' means activities conducted before a lease sale is held, and includes the scheduling of a lease, requests for industry interest, calls for information and nominations, area identifications, publication of draft or final environmental impact statements, notices of sale, and any form of rotary drilling; but such term does not include environmental, geologic, geophysical, economic, engineering, or other scientific analyses, studies, and evaluations.

Directs the Secretary of the Interior (the Secretary) to implement the Outer Continental Shelf Leasing Program consistent with the provisions of this Act. Establishes the environmental sciences review panel for certain areas of the Outer Continental Shelf off-shore Florida in order to assess the adequacy of oceanographic, ecological, and socio-economic information available with respect to authorizing leasing and exploration, development, and production activities. Sets limitations with respect to preleasing activities and lease sales within such areas, including specific points in the Eastern Gulf of Mexico Planning Area. Amends the Outer Continental Shelf Lands Act to: (1) include within certain required environmental studies an assessment of the adequacy of available physical oceanographic, ecological, and socioeconomic information; and (2) provide that certain lessee compensation may be a combination of currency and forgiveness of debts due on other leases.

Imposing certain restrictions and requirements on the leasing of lands offshore Florida under the Outer Continental Shelf Lands Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Language Mastery Support Act of 2002''. SEC. 2. PURPOSE. The purpose of this Act is to establish a program of study and overseas training in critical foreign languages and cultures, including the establishment of a Foreign Language and Cultural Institute, in order to-- (1) increase in Federal Government service the number of persons possessing critical skills that are in short supply; (2) create a pool of prospective candidates for employment in those agencies of the Federal Government that rely on significant levels of overseas assignments; (3) provide monetary and employment incentives for candidates to participate in the program; (4) facilitate the identification of potential Federal Government employees with the pool of prospective candidates; (5) provide additional opportunities for candidate development and evaluation; (6) substantially shorten the delay between identification of a desirable candidate and entry upon service by the candidate; (7) minimize the necessity for training during the initial period of employment; (8) provide for ``cross-fertilization'' through the incorporation of both private sector and Government instructors in the faculty of the Institute; (9) reduce the underutilization of existing Government and educational facilities; and (10) achieve these objectives for a minimal cost, that would be partially offset by a reduction in the amount of initial training provided by participating agencies for new employees. SEC. 3. DEFINITIONS. In this Act: (1) Approved facilities.--The term ``approved facilities'' means-- (A) excess Government facilities, including former military installations; and (B) institutions of higher education that are underutilized in the summer months. (2) Board.--The term ``Board'' means the Interagency Critical Foreign Languages and Cultures Board established by section 4(c). (3) Critical foreign languages and cultures.--The term ``critical foreign languages and cultures'' means foreign languages and cultures-- (A) identified by the Board as necessary for the effective implementation of United States national security policy; and (B) with respect to which there exists a shortage of skilled personnel among the personnel of participating agencies. (4) Institute.--The term ``Institute'' means the program established under section 4(a). (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (6) Participant.--The term ``participant'' means a person who is enrolled in the Institute. (7) Participating agency.--The term ``participating agency'' means the Department of State, the Department of Defense, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, and the Federal Bureau of Investigation. (8) Participation agreement.--The term ``participation agreement'' means an agreement between the Institute and a person otherwise eligible for enrollment in the Institute under which-- (A) the person agrees-- (i) to respond to any offer of employment extended by a participating agency, not later than 30 days after the commencement of the participant's final academic year, by accepting or rejecting such employment; and (ii) to serve in that agency for a period not less than the period specified in the agreement; and (B) the Institute agrees to provide the allowances established by the Board pursuant to section 4(g)(1). SEC. 4. ESTABLISHMENT OF THE INSTITUTE. (a) In General.--To carry out the purpose of section 2, the President is authorized to establish and maintain a study and training program described in section 5 that shall be known as the ``Foreign Language and Cultural Institute''. (b) Implementation.--The President shall exercise the authority of subsection (a) through the Interagency Critical Foreign Languages and Cultures Board established in subsection (c). (c) Establishment of Interagency Board.-- (1) Establishment.--There is established an Interagency Critical Foreign Languages and Cultures Board that shall consist of seven members, as follows: (A) One member appointed by the President from among individuals in the private sector having expertise in matters within the purpose of this Act, who shall serve as Chairman of the Board. (B) Six members, of whom one each shall be an official of a participating agency, who shall be designated by the head of the agency to serve on the Board. (2) Duties of the board.--The Board shall, under the supervision of the Chairman-- (A) develop the curriculum of the Institute; (B) provide policy recommendations to the President regarding the administration of the Institute; (C) establish procedures for the operation of the Institute; and (D) provide oversight for the operation of the Institute. (3) Terms.--The term of office for the Chairman and for each other member of the Board shall be three years. (4) Compensation.-- (A) In general.--Except as provided in subparagraphs (B) and (C), each member of the Board shall serve without compensation. (B) Compensation of the chairman.--The Chairman shall be paid at the rate of basic pay for positions classified at level III of the Executive Schedule under section 5314 of title 5, United States Code. (C) Travel expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. (5) Administrative support.--The Secretary of State shall provide such staff personnel and other administrative services as may be necessary to support the Board. Additional staff may be provided by participating agencies. SEC. 5. PROGRAM DESCRIPTION. (a) Regular Program.--Each participant in the Institute shall undertake a program of study and training in critical foreign languages and cultures that shall primarily consist of courses of study or training taken at accredited institutions of higher learning during the normal academic year. (b) Supplemental Instruction.-- (1) In general.--The program described in subsection (a) shall be supplemented by instruction at Institute facilities approved by the Board, at least one of which shall be located in each major geographic region in the United States. (2) Program periods.--Such supplemental instruction shall be given through the Institute during specified periods in each of three consecutive years, as follows: (A) For the first year of participation, courses of study taken during the summer period between the participant's sophomore and junior undergraduate years. (B) For the second year of participation, courses of study or training which may include training at diplomatic missions or consular posts, taken during the summer period between the participant's junior and senior undergraduate years or at such times as the Board may determine. (C) For the third year of participation, courses of study, or training which may include training at diplomatic or consular posts, taken during the summer period that follows award of a baccalaureate or equivalent degree to the participant or at such times as the Board may determine. (3) Additional activities.--Supplemental instruction under this subsection may include such other activities as the Board may determine. The Board may modify the instruction provided for under subparagraph (A), (B), or (C) of paragraph (2). (c) Eligibility.--To be enrolled as a participant in the Institute a person shall-- (1) be a citizen of the United States; (2) be enrolled as a sophomore, junior, or senior in an institution of higher education or graduate of such an institution during the preceding year; (3) be selected for participation in the Institute under procedures prescribed by the Board; and (4) have entered into a participation agreement pursuant to procedures established by the Board. (d) Conditional Offer of Employment.-- (1) In general.--If a participating agency elects to employ a participant, the agency shall extend to the participant, not later than the commencement of the final academic year of the participant, an offer of employment in the agency conditioned upon satisfactory completion of the Institute program by the participant as specified in the participation agreement. (2) Statutory construction.--Nothing in this Act is intended to alter or restrict any qualifications for employment established by any of the participating agencies. (e) Successful Completion.--The Board shall establish criteria to be met by participants the satisfaction of which shall entitle participants to a certificate acknowledging their satisfactory completion of the Institute program. (f) Curriculum.-- (1) In general.--The Board shall develop the Institute curriculum and shall assign such personnel provided under section 4(c)(4) as may be necessary for instruction under the curriculum and for adequate administrative support. In addition, the Board is authorized under section 3109(b) of title 5, United States Code, to enter into contracts with instructors employed at institutions of higher education or equivalent institutions and for other services necessary to provide for the establishment and operation of the Institute. (2) Supplemental instruction.--With the prior approval of the Board, a participant may enroll in courses of study at institutions of higher education with advanced syllabi in foreign affairs, languages, economics, religion, art, and history in lieu of one of the periods of instruction provided for under paragraph (1), (2), or (3) of subsection (b). (g) Financial Assistance.-- (1) Stipend.--The Board shall establish a schedule of stipends to be provided to program participants to offset the costs of tuition, fees, and books, not to exceed the comparable allowances established for the Reserve Officer Training Corps pursuant to section 209 of title 37, United States Code. (2) Debt relief.-- (A) In general.--The head of a participating agency that employs an individual who has satisfactorily completed the Institute program is authorized to provide for the repayment of student loans made to the participant for expenses incurred while the participant was enrolled in the Institute. (B) Factors for exercise of discretion.--In determining whether, or to what extent, to provide loan repayment under subparagraph (A), the head of the participating agency shall consider the individual's length of Government service, acceptance of hardship postings, possession of critical foreign languages and cultural skills, and proficiency in critical foreign languages. SEC. 6. ANNUAL REPORT. Not later than December 1 of each year, the Chairman of the Board shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report that-- (1) summarizes the activities of the Institute over the previous academic year ending on September 30; (2) describes the programs planned for the current and succeeding two academic years; and (3) provides statistical data on-- (A) the number of applicants for participation in the Institute; (B) the number of participants enrolled in the Institute; (C) the number of participants who have successfully completed the Institute program; (D) the number of employment offers extended to participants from participating agencies; (E) the number of employment offers accepted by participants; (F) the costs associated with the operations of the Institute, together with an itemization of the costs associated with the operations of the Board; and (G) any other information that the Chairman of the Board determines to be useful for evaluating the operations of the Institute. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the President $7,500,000 for the fiscal year 2003 to carry out this Act. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) are authorized to remain available until expended.

Language Mastery Support Act of 2002 - Authorizes the President to establish a study and overseas training program in critical foreign languages and cultures to be known as the Foreign Language and Cultural Institute.Establishes an Interagency Critical Foreign Languages and Cultures Board that shall: (1) develop the curriculum of the Institute; (2) provide policy recommendations to the President regarding administration of the Institute; (3) establish operating procedures for the Institute; and (4) provide operational oversight of the Institute.Requires: (1) Program participants to undertake such a study and training program primarily consisting of courses taken at accredited institutions of higher learning during the normal academic year; and (2) such program be supplemented by instruction at Institute facilities approved by the Board, at least one of which shall be located in each major geographic region in the United States.Requires persons enrolled as Program participants to have entered into agreements with the Institute to respond to employment offers from participating agencies and to serve with such an agency for a specified period. Requires a participating agency that elects to employ a participant to extend an offer of employment to that participant conditioned upon satisfactory completion of the Program.Requires the Board to establish a schedule of stipends to offset participants' costs of tuition, fees, and books.

A bill to authorize the President to establish and maintain the Foreign Language and Cultural Institute program.

SECTION 1. REPEAL OF THE MEDICAL DEVICE EXCISE TAX. (a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is amended by striking subchapter E. (b) Conforming Amendments.-- (1) Subsection (a) of section 4221 of such Code is amended by striking the last sentence. (2) Paragraph (2) of section 6416(b) of such Code is amended by striking the last sentence. (c) Clerical Amendment.--The table of subchapters for chapter 32 of such Code is amended by striking the item related to subchapter E. (d) Effective Date.--The amendments made by this section shall apply to sales after December 31, 2014. SEC. 2. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR INTEGRATED OIL COMPANIES. (a) In General.--Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Major Integrated Oil Companies.--Notwithstanding any other provision of this section, a major integrated oil company (as defined in section 167(h)) may not use the method provided in subsection (b) in inventorying of any goods.''. (b) Effective Date and Special Rule.-- (1) In general.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2014. (2) Change in method of accounting.--In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year beginning after the date of the enactment of this Act-- (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year. SEC. 3. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES. (a) Definitions.--In this section: (1) Covered lease.--The term ``covered lease'' means a lease for oil or gas production in the Gulf of Mexico that is-- (A) in existence on the date of enactment of this Act; (B) issued by the Department of the Interior under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104-58); and (C) not subject to limitations on royalty relief based on market price that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Lessee.--The term ``lessee'' includes any person or other entity that controls, is controlled by, or is in or under common control with, a lessee. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Issuance of New Leases.-- (1) In general.--The Secretary shall not issue any new lease that authorizes the production of oil or natural gas under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to a person described in paragraph (2) unless the person has renegotiated each covered lease with respect to which the person is a lessee to modify the payment responsibilities of the person to require the payment of royalties if the price of oil and natural gas is greater than or equal to the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Persons described.--A person referred to in paragraph (1) is a person that-- (A) is a lessee that-- (i) holds a covered lease on the date on which the Secretary considers the issuance of the new lease; or (ii) was issued a covered lease before the date of enactment of this Act, but transferred the covered lease to another person or entity (including a subsidiary or affiliate of the lessee) after the date of enactment of this Act; or (B) any other person that has any direct or indirect interest in, or that derives any benefit from, a covered lease. (3) Multiple lessees.-- (A) In general.--For purposes of paragraph (1), if there are multiple lessees that own a share of a covered lease, the Secretary may implement separate agreements with any lessee with a share of the covered lease that modifies the payment responsibilities with respect to the share of the lessee to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (B) Treatment of share as covered lease.--Beginning on the effective date of an agreement under subparagraph (A), any share subject to the agreement shall not constitute a covered lease with respect to any lessees that entered into the agreement. (c) Transfers.--A lessee or any other person who has any direct or indirect interest in, or who derives a benefit from, a lease shall not be eligible to obtain by sale or other transfer (including through a swap, spinoff, servicing, or other agreement) any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless the lessee or other person has-- (1) renegotiated each covered lease with respect to which the lessee or person is a lessee, to modify the payment responsibilities of the lessee or person to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or (2) entered into an agreement with the Secretary to modify the terms of all covered leases of the lessee or other person to include limitations on royalty relief based on market prices that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (d) Price Thresholds for Royalty Suspension Provisions.-- (1) In general.--The Secretary shall agree to a request by any lessee to amend any lease issued for any Central and Western Gulf of Mexico tract during the period of January 1, 1996, through November 28, 2000, to incorporate price thresholds applicable to royalty suspension provisions, that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Requirement.-- (A) In general.--A lease amended under paragraph (1) shall impose the new or revised price thresholds effective January 1, 2015. (B) Existing lease provisions.--Existing lease provisions for a lease amended under paragraph (1) shall prevail through December 31, 2014.

This bill repeals the excise tax on medical devices and offsets the cost of such repeal by prohibiting: (1) major integrated oil companies from using the last-in, first-out (LIFO) accounting method; and (2) the issuance of new oil or natural gas production leases in the Gulf of Mexico under the Outer Continental Shelf Lands Act to any person who does not renegotiate their existing leases to generate payment of royalties from such leases.

A bill to repeal the medical device excise tax, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Atrocity Alien Deportation Act of 2003''. SEC. 2. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE COMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS ABROAD. (a) Inadmissibility.--Section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended-- (1) in clause (ii), by striking ``has engaged in conduct that is defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide is inadmissible'' and inserting ``ordered, incited, assisted, or otherwise participated in conduct outside the United States that would, if committed in the United States or by a United States national, be genocide, as defined in section 1091(a) of title 18, United States Code, is inadmissible''; (2) by adding at the end the following: ``(iii) Commission of acts of torture or extrajudicial killings.--Any alien who, outside the United States, has committed, ordered, incited, assisted, or otherwise participated in the commission of-- ``(I) any act of torture, as defined in section 2340 of title 18, United States Code; or ``(II) under color of law of any foreign nation, any extrajudicial killing, as defined in section 3(a) of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note); is inadmissible.''; and (3) in the subparagraph heading, by striking ``Participants in nazi persecution or genocide'' and inserting ``Participants in nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing''. (b) Deportability.--Section 237(a)(4)(D) of such Act (8 U.S.C. 1227(a)(4)(D)) is amended-- (1) by striking ``clause (i) or (ii)'' and inserting ``clause (i), (ii), or (iii)''; and (2) in the subparagraph heading, by striking ``Assisted in nazi persecution or engaged in genocide'' and inserting ``Participated in nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing''. (c) Effective Date.--The amendments made by this section shall apply to offenses committed before, on, or after the date of the enactment of this Act. SEC. 3. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. (a) Ground of Inadmissibility.--Section 212(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) is amended to read as follows: ``(G) Foreign government officials who have committed particularly severe violations of religious freedom.--Any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom, as defined in section 3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402), is inadmissible.''. (b) Ground of Deportability.--Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end the following: ``(E) Participated in the commission of severe violations of religious freedom.--Any alien described in section 212(a)(2)(G) is deportable.''. SEC. 4. WAIVER OF INADMISSIBILITY. Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)) is amended-- (1) in subparagraph (A), by striking ``and 3(E)'' and inserting ``and clauses (i) and (ii) of paragraph (3)(E)''; and (2) in subparagraph (B), by striking ``and 3(E)'' and inserting ``and clauses (i) and (ii) of paragraph (3)(E)''. SEC. 5. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED ACTS OF TORTURE, EXTRAJUDICIAL KILLINGS, OR SEVERE VIOLATIONS OF RELIGIOUS FREEDOM. Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended-- (1) by striking the period at the end of paragraph (8) and inserting ``; and''; and (2) by adding at the end the following: ``(9) one who at any time has engaged in conduct described in section 212(a)(3)(E) (relating to assistance in Nazi persecution, participation in genocide, or commission of acts of torture or extrajudicial killings) or 212(a)(2)(G) (relating to severe violations of religious freedom).''. SEC. 6. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS. (a) Amendment of the Immigration and Nationality Act.--Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by adding at the end the following: ``(h)(1) The Attorney General shall establish within the Criminal Division of the Department of Justice an Office of Special Investigations with the authority to detect and investigate, and, where appropriate, to take legal action to denaturalize any alien described in section 212(a)(3)(E). ``(2) The Attorney General shall consult with the Secretary of the Department of Homeland Security in making determinations concerning the criminal prosecution or extradition of aliens described in section 212(a)(3)(E). ``(3) In determining the appropriate legal action to take against an alien described in section 212(a)(3)(E), consideration shall be given to-- ``(A) the availability of criminal prosecution under the laws of the United States for any conduct that may form the basis for removal and denaturalization; or ``(B) the availability of extradition of the alien to a foreign jurisdiction that is prepared to undertake a prosecution for such conduct.''. (b) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Department of Justice such sums as may be necessary to carry out the additional duties established under section 103(h) of the Immigration and Nationality Act (as added by this Act) in order to ensure that the Office of Special Investigations fulfills its continuing obligations regarding Nazi war criminals. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. SEC. 7. REPORT ON IMPLEMENTATION OF THE ACT. Not later than 180 days after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Homeland Security, shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report on implementation of this Act that includes a description of-- (1) the procedures used to refer matters to the Office of Special Investigations and other components within the Department of Justice and the Department of Homeland Security in a manner consistent with the amendments made by this Act; (2) the revisions, if any, made to immigration forms to reflect changes in the Immigration and Nationality Act made by the amendments contained in this Act; and (3) the procedures developed, with adequate due process protection, to obtain sufficient evidence to determine whether an alien may be inadmissible under the terms of the amendments made by this Act.

Anti-Atrocity Alien Deportation Act of 2003 - Amends the Immigration and Nationality Act to provide for the inadmissibility and removability of aliens who have committed, ordered, assisted, incited, or otherwise participated in acts of torture (as defined in title 18, United States Code) or extrajudicial killings abroad (as defined in the Torture Victims Protection Act of 1991).Redefines "genocide" for such purposes to cover an alien who has ordered, incited, assisted, or otherwise participated in conduct outside the United States that would, if committed in the United States or by a U.S. national, be genocide (as defined in title 18, United States Code).Redefines "severe violations of religious freedom" with respect to the inadmissibility and removability of a foreign government official to cover an alien who, while serving as a foreign government official, was responsible for or directly carried out at any time severe violations of religious freedom (as defined in the International Religious Freedom Act of 1998). Eliminates the bar to the admission of such person's spouse or children.Prohibits the waiver of inadmissibility and temporary admission of such aliens.Prohibits an alien who has engaged in Nazi persecution, genocide, acts of torture, extrajudicial killings, or severe violations of religious freedom from establishing good moral character under such Act.Directs the Attorney General to: (1) establish within the Criminal Division of the Department of Justice an Office of Special Investigations to investigate and denaturalize an alien who has participated in Nazi persecution, genocide, torture, or extrajudicial killing abroad; and (2) consult with the Secretary of Homeland Security regarding actions to prosecute or extradite such aliens.States that in determining the proper legal action against such an alien, consideration shall be given to the availability of U.S. prosecution or removal to a foreign jurisdiction for prosecution.

To amend the Immigration and Nationality Act to provide that aliens who commit acts of torture, extrajudicial killings, or other specified atrocities abroad are inadmissible and removable and to establish within the Criminal Division of the Department of Justice an Office of Special Investigations having responsibilities under that Act with respect to all alien participants in war crimes, genocide, and the commission of acts of torture and extrajudicial killings abroad.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Temporary Tax Holiday and Government Reduction Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PAYROLL TAX RELIEF Sec. 101. Extension of payroll tax holiday. TITLE II--DEFICIT REDUCTION Subtitle A--Reform of Federal Benefits for Millionaires Sec. 201. Ending unemployment and supplemental nutrition assistance program benefits for millionaires. Sec. 202. Increase in the Medicare part B and D premiums for higher- income Medicare beneficiaries. Subtitle B--Federal Employee Provisions Sec. 211. Reduction in the number of Federal employees. Sec. 212. Extension of pay freeze for Federal employees. Sec. 213. Reduction of revised discretionary spending limits to achieve savings from Federal employee provisions. Subtitle C--Buffett Rule Act of 2011 Sec. 221. Short title. Sec. 222. Donation to pay down national debt. TITLE I--PAYROLL TAX RELIEF SEC. 101. EXTENSION OF PAYROLL TAX HOLIDAY. Section 601(c) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (26 U.S.C. 1401 note) is amended by striking ``year 2011'' and inserting ``years 2011 and 2012''. TITLE II--DEFICIT REDUCTION Subtitle A--Reform of Federal Benefits for Millionaires SEC. 201. ENDING UNEMPLOYMENT AND SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS FOR MILLIONAIRES. (a) Ending Unemployment Benefits for Millionaires.-- (1) In general.--Subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: ``CHAPTER 56--EXCESS UNEMPLOYMENT COMPENSATION ``Sec. 5895. Excess unemployment compensation. ``SEC. 5895. EXCESS UNEMPLOYMENT COMPENSATION. ``(a) Imposition of Tax.--There is hereby imposed a tax equal to 100 percent of the excess unemployment compensation received by a taxpayer in any taxable year. ``(b) Excess Unemployment Compensation.--For purposes of this section, the term `excess unemployment compensation' means, with respect to any State, the amount which bears the same ratio (not to exceed 1) to the amount of unemployment compensation received by the taxpayer from such State in the taxable year as-- ``(1) the excess of-- ``(A) the taxpayer's adjusted gross income for such taxable year, over ``(B) $750,000 ($1,500,000 in the case of a joint return), bears to ``(2) $250,000 ($500,000 in the case of a joint return). ``(c) Additional Definitions.--For purposes of this section-- ``(1) Adjusted gross income.--The term `adjusted gross income' has the meaning given such term by section 62. ``(2) Unemployment compensation.--The term `unemployment compensation' has the meaning given such term by section 85(b). ``(d) Administrative Provisions.--For purposes of the deficiency procedures of subtitle F, any tax imposed by this section shall be treated as a tax imposed by subtitle A. ``(e) Transfer of Tax Receipts.--With respect to excess unemployment compensation received by any taxpayer from a State, there is hereby appropriated to the unemployment fund (as defined in section 3306(f)) of such State, an amount equal to the amount of the tax imposed under subsection (a) on such excess unemployment compensation received in the Treasury.''. (2) Tax not deductible.--Section 275(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (6) the following new paragraph: ``(7) Tax imposed by section 5895.''. (3) Clerical amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56--Excess Unemployment Compensation''. (4) Effective date.--The amendments made by this subsection shall apply to unemployment compensation received in taxable years beginning after December 31, 2011. (b) Ending Supplemental Nutrition Assistance Program Benefits for Millionaires.-- (1) In general.--Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended by adding at the end the following: ``(r) Disqualification for Receipt of Assets of at Least $1,000,000.--Any household in which a member receives income or assets with a fair market value of at least $1,000,000 shall, immediately on the receipt of the assets, become ineligible for further participation in the program until the date on which the household meets the income eligibility and allowable financial resources standards under section 5.''. (2) Conforming amendments.--Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended in the second sentence by striking ``sections 6(b), 6(d)(2), and 6(g)'' and inserting ``subsections (b), (d)(2), (g), and (r) of section 6''. SEC. 202. INCREASE IN THE MEDICARE PART B AND D PREMIUMS FOR HIGHER- INCOME MEDICARE BENEFICIARIES. (a) Increase.-- (1) In general.--Section 1839(i)(3) of the Social Security Act (42 U.S.C. 1395r(i)(3)) is amended-- (A) in subparagraph (A)(i), by inserting ``and year'' after ``individual''; (B) in the table specified in subparagraph (C)(i)-- (i) in the fourth row, by inserting ``but not more than $750,000'' after ``$200,000''; and (ii) by adding at the end the following 2 new rows: ------------------------------------------------------------------------ More than $750,000 but not more than $1,000,000............ 95 percent More than $1,000,000....................................... 100 percent ------------------------------------------------------------------------ (2) Effective date.--The amendments made by paragraph (1) shall apply to 2013 and subsequent years. (b) Extension of Freeze on Inflation Adjustments.--Section 1839(i)(6) of the Social Security Act (42 U.S.C. 1395r(i)(6)) is amended, in the matter preceding subparagraph (A), by striking ``December 31, 2019'' and inserting ``December 31, 2022''. Subtitle B--Federal Employee Provisions SEC. 211. REDUCTION IN THE NUMBER OF FEDERAL EMPLOYEES. (a) Definitions.--In this section-- (1) the term ``agency'' means an executive agency as defined under section 105 of title 5, United States Code; and (2) the term ``employee'' has the meaning given that term under section 2105 of title 5, United States Code. (b) Determination of Number of Employees.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget and the Director of the Office of Personnel Management shall determine the number of full-time employees employed in each agency. The head of each agency shall cooperate with the Director of the Office of Management and Budget and the Director of the Office of Personnel Management in making the determinations. (c) Replacement Hire Rate.-- (1) In general.--During the period described under paragraph (2), the head of each agency may hire no more than 1 employee in that agency for every 3 full-time employees who leave employment in that agency. (2) Period of replacement hire rate.--Paragraph (1) shall apply to each agency during the period beginning 60 days after the date of enactment of this Act and ending on the date on which the Director of the Office of Management and Budget and the Director of the Office of Personnel Management make a determination that the number of full-time employees employed in that agency is 10 percent less than the number of full-time employees employed in that agency determined under subsection (b). (d) Waivers.-- (1) In general.--This section may be waived upon a written determination by the President that-- (A) the existence of a state of war or other national security concern so requires; or (B) the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires. (2) Submission to congress.--The President shall submit to Congress any written determination under paragraph (1). SEC. 212. EXTENSION OF PAY FREEZE FOR FEDERAL EMPLOYEES. (a) In General.--Section 147 of the Continuing Appropriations Act, 2011 (Public Law 111-242; 5 U.S.C. 5303 note) is amended-- (1) in subsection (b)(1), by striking ``December 31, 2012'' and inserting ``December 31, 2015''; and (2) in subsection (c), by striking ``December 31, 2012'' and inserting ``December 31, 2015''. (b) Clarification That Freeze Applies to Legislative Branch.-- (1) Members of congress.--Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of living adjustments for Members of Congress) during the period beginning on the first day of the first pay period beginning on or after February 1, 2013 and ending on December 31, 2015. (2) Legislative branch employees.-- (A) Definition.--In this paragraph, the term ``legislative branch employee'' means-- (i) an employee whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives; and (ii) an employee of any agency established in the legislative branch. (B) Freeze.--Notwithstanding any other provision of law, no cost of living adjustment required by statute with respect to a legislative branch employee which (but for this subparagraph) would otherwise take effect during the period beginning on the date of enactment of this Act and ending on December 31, 2015 shall be made. SEC. 213. REDUCTION OF REVISED DISCRETIONARY SPENDING LIMITS TO ACHIEVE SAVINGS FROM FEDERAL EMPLOYEE PROVISIONS. Section 251A(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(2)) is amended to read as follows: ``(2) Revised discretionary spending limits.--The discretionary spending limits for fiscal years 2013 through 2021 under section 251(c) shall be replaced with the following: ``(A) For fiscal year 2013-- ``(i) for the revised security category, $542,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $493,000,000,000 in budget authority. ``(B) For fiscal year 2014-- ``(i) for the revised security category, $548,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $497,000,000,000 in budget authority. ``(C) For fiscal year 2015-- ``(i) for the revised security category, $556,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $503,000,000,000 in budget authority. ``(D) For fiscal year 2016-- ``(i) for the revised security category, $567,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $512,000,000,000 in budget authority. ``(E) For fiscal year 2017-- ``(i) for the revised security category, $579,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $522,000,000,000 in budget authority. ``(F) For fiscal year 2018-- ``(i) for the revised security category, $592,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $534,000,000,000 in budget authority. ``(G) For fiscal year 2019-- ``(i) for the revised security category, $605,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $546,000,000,000 in budget authority. ``(H) For fiscal year 2020-- ``(i) for the revised security category, $618,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $557,000,000,000 in budget authority. ``(I) For fiscal year 2021-- ``(i) for the revised security category, $632,000,000,000 in budget authority; and ``(ii) for the revised nonsecurity category, $568,000,000,000 in budget authority.''. Subtitle C--Buffett Rule Act of 2011 SEC. 221. SHORT TITLE. This title may be cited as the ``Buffett Rule Act of 2011''. SEC. 222. DONATION TO PAY DOWN NATIONAL DEBT. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--DONATIONS TO PAY DOWN NATIONAL DEBT ``Sec. 6097. Donation to pay down national debt. ``SEC. 6097. DONATION TO PAY DOWN NATIONAL DEBT. ``(a) General Rule.--Every taxpayer who makes a return of the tax imposed by subtitle A for any taxable year may donate an amount (not less than $1), in addition to any payment of tax for such taxable year, which shall be deposited in the general fund of the Treasury. ``(b) Manner and Time of Designation.--Any donation under subsection (a) for any taxable year-- ``(1) shall be made at the time of filing the return of the tax imposed by subtitle A for such taxable year and in such manner as the Secretary may by regulation prescribe, except that-- ``(A) the designation for such donation shall be either on the first page of the return or on the page bearing the taxpayer's signature, and ``(B) the designation shall be by a box added to the return, and the text beside the box shall provide: ``By checking here, I signify that in addition to my tax liability, I would like to donate the included payment to be used exclusively for the purpose of paying down the national debt.'', and ``(2) shall be accompanied by a payment of the amount so designated. ``(c) Treatment of Amounts Donated.--For purposes of this title, the amount donated by any taxpayer under subsection (a) shall be treated as a contribution made by such taxpayer to the United States on the last date prescribed for filing the return of tax imposed by subtitle A (determined without regard to extensions) or, if later, the date the return is filed. ``(d) Transfers to Account To Reduce Public Debt.--The Secretary shall, from time to time, transfer to the special account established by section 3113(d) of title 31, United States Code, amounts equal to the amounts donated under this section.''. (b) Clerical Amendment.--The table of parts for subchapter A of such chapter is amended by adding at the end the following new item: ``Part IX. Donations To Pay Down National Debt''. (c) Effective Date.--The amendments made by this section shall apply to returns for taxable years ending after December 31, 2011.

Temporary Tax Holiday and Government Reduction Act - Amends the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to extend through 2012 the 2% reduction in employment and self-employment tax rates. Amends the Internal Revenue Code to impose a 100% tax on excess unemployment compensation, as defined by this Act, received by certain high-income taxpayers. Amends the Food and Nutrition Act of 2008 to render ineligible for the supplemental nutrition assistance program (SNAP), formerly food stamps, any household in which a member receives income or assets with a fair market value of at least $1 million. Amends title XVIII (Medicare) of the Social Security Act to: (1) increase Medicare Part B and D premiums for Medicare beneficiaries with adjusted gross incomes over $750,000, and (2) extend through 2022 the freeze on the inflation adjustment to the income threshold for the Medicare premium subsidy eligibility. Requires the Director of the Office of Management and Budget (OMB) and the Director of the Office of Personnel Management (OPM) to determine the number of full-time employees employed in each federal agency. Prohibits a head of a federal agency from hiring more than 1 employee for every 3 full-time employees who leave employment in such agency until OMB and OPM make a determination that the number of full-time federal employees is 10% less than the initial level determined by OMB and OPM. Extends the freeze on the pay of federal employees through 2015. Provides that such extended pay freeze applies to legislative branch employees, including Members of Congress. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to reduce levels of discretionary spending for FY2013-FY2021. Buffett Rule Act of 2011 - Amends the Internal Revenue Code to allow taxpayers to donate an amount (not less than $1), in addition to any tax owed, which shall be deposited in the general fund of the Treasury and transferred to an account used to reduce the public debt.

A bill to provide civilian payroll tax relief, to reduce the Federal budget deficit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local and Municipal Health Care Choice Act of 2017''. SEC. 2. COOPERATIVE GOVERNING OF PUBLIC ENTITY GROUP HEALTH COVERAGE. Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended-- (1) by redesignating the section 2794 (42 U.S.C. 300gg-95) relating to uniform fraud and abuse referral format as section 2795; and (2) by adding at the end the following new section: ``SEC. 2796. AUTHORITY TO OFFER PUBLIC ENTITY GROUP HEALTH COVERAGE TO LOCAL GOVERNMENTS IN A SECONDARY STATE. ``(a) In General.--A local government in a secondary State (as defined in subsection (h)(7)) may provide group health coverage to its officers, employees, or retirees (and their dependents) through a local government employee health benefits pool or program authorized under the laws of a primary State, subject to the provisions of this section. ``(b) Eligibility for Multistate Activity.--A local government employee health benefits pool or program shall be eligible to offer group health coverage to officials, employees, and retirees (and their dependents) of a local government located in a secondary State through an interlocal agreement with such local government, or as approved by an applicable State authority in such secondary State, unless-- ``(1) in the case of a pool or program that primarily serves municipal officers, employees, or retirees (and their dependents), an objection is made to the offering of such coverage by the municipal league or association located in the secondary State within 90 days of the date on which the authority is granted or an interlocal agreement is executed; or ``(2) in the case of a pool or program that primarily serves county officers, employees, retirees (and their dependents), an objection is made to the offering of such coverage by the county association located in the secondary State within 90 days of the date on which the authority is granted or an interlocal agreement is executed. ``(c) Application of Covered Laws of Primary State.--The covered laws (as defined in subsection (h)(2)) of the primary State shall apply to group health coverage offered by a local government employee health benefits pool or program in the primary State and in any secondary State, but only if the coverage and the pool or program comply with the conditions of this section with respect to the offering of coverage in any secondary State. ``(d) Limited Application of Secondary State Laws.-- ``(1) In general.--Except as provided in this section, a local government employee health benefits pool or program that offers group health coverage in a secondary State to the officers, employees, or retirees (and their dependents) of a local government located in such secondary State, is exempt from any covered laws of the secondary State (and any rules, regulations, agreements, or orders sought or issued by such State under or related to such covered laws). ``(2) Secondary state authority.--A secondary State may require a local government employee health benefits pool or program to do any or all of the following: ``(A) Registration.--To register with an applicable State authority in such State with jurisdiction over local government employee health benefits pools or programs and designate such authority as its agent solely for the purpose of receiving service of legal documents or process. ``(B) Documentation.--To file with an applicable State authority in such State-- ``(i) a written intent to do business in that State; ``(ii) copies of the membership or interlocal agreements entered into between the local government employee health benefits pool or program and a local government of that State; and ``(iii) copies of annual audited financial statements of the local government employee health benefits pool or program filed with the primary State. ``(C) Compliance with injunctions.--To comply with an injunction issued by a court of competent jurisdiction, upon a petition by an applicable State authority in such State alleging that the pool or program is in hazardous financial condition. ``(D) Compliance with state fraud and abuse laws.-- To comply with any State law regarding fraud and abuse, except that if the State seeks an injunction regarding the conduct described in this subparagraph, such injunction must be obtained from a court of competent jurisdiction. ``(E) Compliance with state unfair claims settlement practices laws.--To comply with any State law regarding unfair claims settlement practices. ``(3) Limitations on secondary state authority.--If a local government employee health benefits pool or program offers group health insurance coverage to officials, employees, and retirees (and their dependents) of a local government located in a secondary State pursuant to subsection (b), such secondary State may not do any of the following: ``(A) Countersigned by local agent or broker.-- Require any group health coverage issued by the pool or program to be countersigned by an insurance agent or broker residing in that secondary State. ``(B) Submit to duplicative financial examinations.--Require the pool or program to submit to an examination of its financial condition by an applicable State authority in such State, unless-- ``(i) an applicable State authority of the primary State has not done an examination within the period recommended by the National Association of Insurance Commissioners; and ``(ii) any such examination by the secondary State is conducted in accordance with the examiners' handbook of the National Association of Insurance Commissioners and is coordinated to avoid unjustified duplication and unjustified repetition. ``(C) Discriminate against pool or program.-- Otherwise discriminate against the pool or program issuing group health coverage in both the primary State and in any secondary State. ``(e) Disclosure Requirement.--Prior to providing group health coverage to the officers, employees, or retirees (and their dependents) of a local government located in a secondary State, a local government employee health benefits pool or program shall provide notice to such individuals that the health coverage is governed by the covered laws and regulations of the primary State, as well as by any applicable Federal laws and regulations. ``(f) Status of Group Health Coverage in Secondary State.--A local government employee health benefits pool or program that is not regulated as an insurer in its primary State, and whose group health plans are not regulated as insurance in its primary State, shall not be subject to the jurisdiction of a State insurance regulatory agency in any secondary State. ``(g) Designation of Primary State.-- ``(1) Designation of a single state.--A local government employee health benefits pool or program may only designate one State as its primary State with respect to all such coverage it offers under this section. ``(2) Initial operations in primary state.--Such pool or program may not offer group health coverage in a secondary State until it is deemed to be doing business in the primary State. ``(h) Definitions.--In this section: ``(1) Applicable state authority.--The term `applicable State authority' means, with respect to a local government employee health benefits pool or program in a State, any official or officials designated by the State to administer the requirements of this section for the State with respect to such pool or program, including the official or officials with authority to approve interlocal agreements under applicable State law, but shall not include any State insurance regulatory agency. ``(2) Covered laws.-- ``(A) In general.--The term `covered laws' means the laws, rules, regulations, agreements, and orders pertaining to any of the following: ``(i) Group health coverage issued by a local government employee health benefits pool or program. ``(ii) The offer, sale, rating (including medical underwriting), renewal, and issuance of group health coverage to local government officials, employees, and retirees or their dependents. ``(iii) The management, operations, and investment activities of a local government employee health benefits pool or program. ``(iv) Loss control and claims administration for a local government employee health benefits pool or program with respect to liability for which the pool or program provides coverage. ``(v) The payment, on a nondiscriminatory basis, of applicable premium and other taxes (including high risk pool assessments) which are levied on health insurance issuers, brokers, or policyholders under the laws of the State. ``(B) Exception.--Such term does not include any law, rule, regulation, agreement, or order governing the use of care or cost management techniques, including any requirement related to provider contracting, network access or adequacy, health care data collection, or quality assurance. ``(3) Group health coverage.--The term `group health coverage' means medical care expense reimbursement provided under a group health plan. ``(4) Local government.--The term `local government' means a county, municipality, special district, school district, junior college district, housing authority, or other political subdivision or public entity defined under State law. ``(5) Local government employee health benefits pool or program.--The term `local government employee health benefits pool or program' means a risk pool authorized or permitted by State statute or otherwise regulated by a State agency under which-- ``(A) a local government or group of local governments, directly or through a pool, provide health care benefits primarily for local government officials, employees, and retirees and their dependents; and ``(B) such pool may provide health care benefits from the assets of the pool or its member local governments through any combination of self-funded arrangements or fully insured products, and includes any other State authorized program designed to provide health benefits to local government officials, employees, and retirees and their dependents. ``(6) Primary state.--The term `primary State' means, with respect to group health coverage offered by a local government employee health benefits pool or program, the State designated by the pool or program as the State whose covered laws shall govern the pool or program in the issuance of such coverage under this part. ``(7) Secondary state.--The term `secondary State' means, with respect to group health coverage offered by a local government employee health benefits pool or program, any State that is not the primary State.''.

Local and Municipal Health Care Choice Act of 2017 This bill amends the Public Health Service Act to authorize a local government in a secondary state to provide group health coverage to its officers, employees, or retirees and their dependents through a local government employee health benefits pool or program authorized under the laws of a primary state unless the municipal league, municipal association, or county association in the secondary state objects. Such pools and programs must do business in the primary state. Such pools and programs are subject to the primary state's laws, rules, regulations, agreements, and orders pertaining to: group health coverage issued by such a pool or program; the offer, sale, rating, renewal, and issuance of group health coverage to local government officials, employees, or retirees and their dependents; the management, operations, and investment activities of such a pool or program; loss control and claims administration for such a pool or program; or payment of taxes levied on health insurance issuers, brokers, or policyholders. Such pools and programs are exempt from these policies of the secondary state. These policies do not include policies governing the use of care or cost management techniques. The policies of the primary state must apply to such pools and programs in both the primary state and secondary state. Secondary states may require such a pool or program to: (1) register with the state, (2) comply with certain court injunctions, or (3) comply with state laws regarding fraud and abuse or unfair claims settlement practices.

Local and Municipal Health Care Choice Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Federal Purchases Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress makes the following findings: (1) The Congress had high expectations for commercial benefits from the Government Procurement Code (in this section referred to as the ``Code'') enacted as part of the Trade Agreements Act of 1979, with a potential opening of $20,000,000,000 to $25,000,000,000 in trade opportunities for United States export sales to foreign government procurement entities. (2) According to the Comptroller General of the United States, in each year since implementation of the Code on January 1, 1981, the United States has spent approximately $18,000,000,000 in foreign source procurement while in each such year United States suppliers took in only $4,000,000,000 from sales to overseas governments, for a total imbalance in each such year of an estimated $14,000,000,000. (3) Federal Government agencies have confirmed that-- (A) the Code has had less overall commercial value than originally anticipated; and (B) of the markets opened, the benefits were disproportionately in favor of foreign suppliers. (4) The Congress has concerns about-- (A) inadequate monitoring of foreign government compliance with the Code; (B) inadequate efforts to enforce the rights of the United States; (C) the lack of United States Government assistance to firms wishing to take advantage of opened markets; and (D) the continued lack of progress to open foreign markets. (5) The United States economy over the past months has been in a condition of relative instability, with negative growth resulting in lost jobs and lost sales for both small and large businesses. (6) After 13 years of limited opportunities for United States companies overseas under the Code, the time has come to address the matter of imbalance with respect to the government procurement practices of the United States' trading partners and to refocus United States Federal procurement policy during this period of economic adjustment, in order to enhance opportunities for small businesses and areas of high unemployment. (7) The use of United States Federal procurement dollars to assist small businesses and preserve the jobs of workers who traditionally have the fewest resources to withstand economic recession is a sound practice and policy for the Government. (8) The policy established by this Act will serve to reduce the imbalance in government purchases and thereby put domestic companies on an equitable basis and help alleviate the United States balance of payments problem. (b) Purpose.--The purpose of this Act is to promote fairness in Federal procurement by creating greater access to Federal procurement funds for small businesses and areas of high unemployment during economic downturns. SEC. 3. REQUIREMENT THAT FEDERAL AGENCIES INCREASE DOMESTIC PROCUREMENT AND PROCUREMENT FROM SMALL-BUSINESS CONCERNS DURING ECONOMIC RECESSIONS. (a) In General.--Title III of the Act of March 3, 1933, commonly known as the Buy American Act (41 U.S.C. 10a-10c), is amended-- (1) by redesignating sections 5 and 6 as sections 6 and 7, respectively; and (2) by inserting after section 4 the following new section: ``SEC. 5. REQUIREMENT THAT FEDERAL AGENCIES INCREASE DOMESTIC PROCUREMENT AND PROCUREMENT FROM SMALL-BUSINESS CONCERNS DURING ECONOMIC RECESSIONS. ``(a) General Requirement.--(1) Subject to paragraph (2), upon the 1st occurrence after the date of the enactment of the Fairness in Federal Purchases Act of 1993 of the notification described in subsection (b)(1), the following requirements shall take effect: ``(A) Each head of a Federal agency shall determine the amount of any difference between-- ``(i) the amount such agency spent on procurement of goods and services from foreign government sources during the preceding fiscal year; and ``(ii) the amount such foreign governments spent on procurement of similar goods and services from domestic sources during the preceding fiscal year, and if the amount described in clause (i) exceeds the amount described in clause (ii), shall decrease the amount such agency spends on procurement from foreign government sources and increase the amount such agency spends on procurement from domestic sources in order to eliminate the disparity between the amount spent on procurement from foreign government sources and the amount spent on procurement from domestic sources. ``(B) Each head of a Federal agency shall determine whether the amount such agency spent on procurement of goods and services from small-business concerns during the preceding fiscal year was less than 35 percent of the total amount such agency spent on procurement of goods and services, and if necessary, shall increase the amount such agency spends on procurement of goods and services from small-business concerns so that such amount equals or exceeds 35 percent of such total amount. ``(C) In the case of any procurement contract, the offered price of a domestic end product shall be considered unreasonable only if the lowest acceptable domestic offer exceeds the lowest acceptable foreign offer, inclusive of duty-- ``(i) by more than 6 percent, in the case of a domestic offer from a large business that is not a labor surplus area concern; or ``(ii) by more than 15 percent, in the case of a domestic offer from a small-business concern or from a labor surplus area concern. ``(2)(A) Except as provided in subparagraph (B), the requirements of paragraph (1) shall cease to apply upon the expiration of the 36- month period beginning on the date that the notification described in subsection (b)(1) occurs. ``(B) The requirements of paragraph (1) shall cease to apply upon the expiration of any of the following periods if during such period both the notifications described in subsection (b)(2) occur: ``(i) The 18-month period beginning on the date that the publication described in subsection (b)(1) occurs. ``(ii) The 6-month period following the 18-month period described in clause (i). ``(iii) The 6-month period following the 6-month period described in clause (ii). ``(3) The Administrator for Federal Procurement Policy shall provide to each head of a Federal agency the information necessary to carry out paragraphs (1) and (2). ``(b) Notification.--(1) The notification described in this paragraph is either-- ``(A) the publication in the Federal Register by the Secretary of Labor of an unemployment rate equal to or in excess of 5 percent for the preceding fiscal year quarter; or ``(B) the publication in the Federal Register by the Secretary of Commerce of a decline in the gross national product during such fiscal year quarter. ``(2) The notifications described in this paragraph are-- ``(A) the publication in the Federal Register by the Secretary of Labor of an unemployment rate of less than 5 percent for the preceding fiscal year quarter; and ``(B) the publication in the Federal Register by the Secretary of Commerce of a stable or increasing gross national product during 2 consecutive fiscal year quarters. ``(c) Definitions.--For purposes of this section: ``(1) The term `domestic end product' means-- ``(A) an unmanufactured end product mined or produced in the United States; or ``(B) an end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components, including transportation costs to the place of incorporation into the end product and any applicable duty (whether or not a duty-free entry certificate is issued). ``(2) The term `domestic offer' means an offered price for a domestic end product, including transportation to destination. ``(3) The term `foreign end product' means an end product other than a domestic end product. ``(4) The term `foreign government source' means entities comparable to United States Government agencies covered by the Government Procurement Code. ``(5) The term `foreign offer' means an offered price for a foreign end product, including transportation to destination and duty, whether or not a duty-free entry certificate is issued. ``(6) The term `Government Procurement Code' means title III of the Act of March 3, 1933, commonly known as the Buy American Act. ``(7) The term `labor surplus area' means a geographical area identified by the Secretary of Labor as an area of concentrated unemployment or underemployment or an area of labor surplus. ``(8) The term `labor surplus area concern' means a concern that together with its 1st-tier subcontractors will perform substantially in labor surplus areas. Performance is substantially in labor surplus areas if the costs incurred under the contract on account of manufacturing, production, or performance of appropriate services in labor surplus areas exceed 50 percent of the contract price. ``(9) The term `small-business concern' has the meaning provided in section 3(a)(1) of the Small Business Act.''. (b) Conforming Amendment to the Trade Agreements Act of 1979.-- Subsection (a) of section 301 of the Trade Agreements Act of 1979 (19 U.S.C. 2511(a)) is amended by inserting after ``or practice'' the following: ``(excluding section 5 of title III of the Act of March 3, 1933, commonly known as the Buy American Act)''.

Fairness in Federal Purchases Act of 1993 - Amends the Buy American Act to require Federal agency heads, upon notification in the Federal Register that the unemployment rate was five percent or higher or that the gross national product (GNP) declined during the preceding fiscal quarter, to determine whether: (1) the amount the agency spent on foreign government goods and services exceeded the amount such foreign governments spent on similar domestic goods and services during the preceding fiscal year and, if so, adjust spending on procurement from domestic versus foreign sources to eliminate any imbalance; and (2) less than 35 percent of the agency procurement spending went to small businesses and, if so, increase small business procurement spending to equal or exceed that amount. Provides that the lowest acceptable domestic product prices shall be considered unreasonable if they exceed the lowest acceptable foreign prices by more than specified amounts. Terminates such spending requirements after: (1) three years; or (2) specified shorter periods following publication of an unemployment rate of less than five percent for the preceding quarter or of a stable or increasing GNP for two consecutive quarters.

Fairness in Federal Purchases Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Physician Assistant Higher Education Modernization Act of 2017''. SEC. 2. INCREASING ANNUAL LOAN LIMITS FOR PHYSICIAN ASSISTANT STUDENTS UNDER THE FEDERAL DIRECT LOAN PROGRAM. (a) In General.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Increasing Annual Loan Limits for Physician Assistant Students.--Notwithstanding section 428H(d)(2)(A), the maximum annual amount of Federal Direct Unsubsidized Stafford Loans that a graduate student in a physician assistant education program (as defined in section 799B of the Public Health Service Act (42 U.S.C. 295p)) may borrow in any academic year (as defined in section 481(a)(2)) or its equivalent shall be-- ``(1) $40,000 in the first academic year of such program; ``(2) $40,000 in the second academic year of such program; and ``(3) $15,000 in the third academic year of such program.''. (b) Effective Date.--The amendment made by this section shall apply with respect to award years beginning more 60 days after the date of enactment of this Act. SEC. 3. MAKING PHYSICIAN ASSISTANTS ELIGIBLE FOR INCENTIVES WHEN SERVING AS PRIMARY CARE PROVIDERS OR FACULTY MEMBERS. (a) In General.--Section 428K of the Higher Education Act of 1965 (20 U.S.C. 1078-11) is amended-- (1) in subsection (b), by adding at the end the following: ``(19) Physician assistants.--The individual is a physician assistant employed full-time-- ``(A) as a physician assistant in a clinical setting providing primary care services; or ``(B) as a member of the physician assistant faculty at a physician assistant education program (as defined in section 799B of the Public Health Service Act (42 U.S.C. 295p)).''; (2) in subsection (g), by adding at the end the following: ``(11) Physician assistant.--The term `physician assistant' means an individual who-- ``(A) graduated from a physician assistant education program (as defined in section 799B of the Public Health Service Act (42 U.S.C. 295p)); ``(B) is certified as a physician assistant by the National Commission on the Certification of Physician Assistants or any successor organization; and ``(C) either-- ``(i) holds a valid and unrestricted license to practice medicine as a physician assistant in the State in which the physician assistant practices in a clinical setting; or ``(ii) is qualified for licensure in the State where the individual is employed as a full-time physician assistant faculty member of a physician assistant education program (as defined in section 799B of the Public Health Service Act (42 U.S.C. 295p)).''; and (3) in subsection (h), by striking ``fiscal year 2009'' and inserting ``fiscal year 2018''. (b) Effective Date.--The amendments made by this section shall apply with respect to employment occurring on or after the date of the enactment of this Act. SEC. 4. GRANTS FOR PHYSICIAN ASSISTANT PROGRAMS AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND PREDOMINANTLY BLACK INSTITUTIONS. (a) Historically Black Colleges and Universities.--Section 723 of the Higher Education Act of 1965 (20 U.S.C. 1136a) is amended-- (1) in subsection (a)(1), by inserting ``physician assistant studies,'' after ``allied health,''; (2) in subsection (b)(2)(A), by inserting ``physician assistant studies,'' after ``allied health,''; and (3) in subsection (d)-- (A) in paragraph (4), by inserting ``physician assistant studies,'' after ``allied health,''; (B) in paragraph (11), by striking ``and'' at the end; (C) by redesignating paragraph (12) as paragraph (13); and (D) by inserting after paragraph (11) the following: ``(12) in the case of a grant for a physician assistant education program (as defined in section 799B of the Public Health Service Act (42 U.S.C. 295p))-- ``(A) creating or improving facilities for Internet or other distance education technologies, including purchase or rental of telecommunications technology equipment or services; and ``(B) collaborating with other institutions of higher education to expand postbaccalaureate degree offerings; and''. (b) Predominantly Black Institutions.--Section 724 of the Higher Education Act of 1965 (20 U.S.C. 1136b) is amended-- (1) in subsection (a)(1), by inserting ``physician assistant studies,'' after ``allied health,''; (2) in subsection (b)(2)(A), by inserting ``physician assistant studies,'' after ``allied health,''; and (3) in subsection (d)-- (A) in paragraph (4), by inserting ``physician assistant studies,'' after ``allied health,''; (B) by redesignating paragraph (12) as paragraph (13); and (C) by inserting after paragraph (11) the following: ``(12) in the case of a grant for a physician assistant education program (as defined in section 799B of the Public Health Service Act (42 U.S.C. 295p))-- ``(A) creating or improving facilities for Internet or other distance education technologies, including purchase or rental of telecommunications technology equipment or services; and ``(B) collaborating with other institutions of higher education to expand postbaccalaureate degree offerings; and''. (c) Extension of Authorization of Appropriations.--Subsections (a) and (b) of section 725 of the Higher Education Act of 1965 (20 U.S.C. 1136c) are each amended by striking ``fiscal year 2009'' and inserting ``fiscal year 2018''. SEC. 5. PHYSICIAN ASSISTANT POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS. (a) In General.--Section 514 of the Higher Education Act of 1965 (20 U.S.C. 1102c) is amended by adding at the end the following: ``(d) Priority for Physician Assistant Education Programs.--The Secretary shall give preference to an application by an eligible institution for a grant under this part that demonstrates that the grant funds awarded under this part will be used to support physician assistant education programs (as defined in section 799B of the Public Health Service Act (42 U.S.C. 295p)).''. (b) Extension of Authorization of Appropriations.--Section 528(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1103g(a)(2)) is amended-- (1) by striking ``$100,000,000 for fiscal year 2009 and''; and (2) by inserting after ``such sums as may be necessary for'' the following: ``fiscal year 2018 and''. SEC. 6. GRANTS TO RURAL SERVING INSTITUTIONS OF HIGHER EDUCATION FOR PHYSICIAN ASSISTANT EDUCATION PROGRAMS. Part Q of title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161q) is amended-- (1) in section 861(b), by striking ``For the purposes of this section'' and inserting ``For the purposes of this part''; and (2) by inserting after section 861 the following: ``SEC. 862. GRANTS TO SUPPORT THE DEVELOPMENT AND EXPANSION OF PHYSICIAN ASSISTANT EDUCATION PROGRAMS AT RURAL-SERVING INSTITUTIONS OF HIGHER EDUCATION. ``(a) Grants.-- ``(1) In general.--The Secretary is authorized to award grants on a competitive basis to a rural-serving institution of higher education or a consortium of such institutions-- ``(A) to increase, for students from rural areas, enrollment and graduation rates for postbaccalaureate physician assistant education programs; and ``(B) to train physician assistants in rural areas through the development of new physician assistant education programs and the expansion of existing physician assistant education programs in rural areas. ``(2) Duration.--A grant awarded under this section shall be awarded for a period of not longer than 3 years. ``(3) Limitations.--A rural-serving institution of higher education or a consortium of such institutions shall not receive more than one grant under this section. ``(b) Applications.-- ``(1) In general.--Each rural-serving institution of higher education or consortium of such institutions desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Priority.--In awarding grants under this section, the Secretary shall give priority to applications that demonstrate the most potential and propose the most promising and innovative approaches for-- ``(A) creating new physician assistant education programs in rural areas; ``(B) increasing the number of physician assistants that practice medicine in rural areas; ``(C) meeting the employment needs of regional employers of physician assistants with graduates of physician assistant education programs at rural-serving institutions of higher education; and ``(D) improving the health of Americans residing in rural areas. ``(c) Use of Funds.--A rural-serving institution of higher education or consortium of such institutions that receives a grant under this section shall use grant funds for the establishment and expansion of physician assistant education programs in rural areas. ``(d) Physician Assistant Education Program.--In this section, the term `physician assistant education program' has the meaning given to such term in section 799B of the Public Health Service Act (42 U.S.C. 295p). ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2018 and each of the five succeeding fiscal years.''. SEC. 7. IMPROVING PHYSICIAN ASSISTANT EDUCATION PROGRAMS. Title VIII of the Higher Education Act of 1965 is amended by inserting after section 898 (20 U.S.C. 1161aa-1) the following: ``PART BB--PHYSICIAN ASSISTANT EDUCATION ENHANCEMENT ``SEC. 899. DEMONSTRATION PROGRAM TO SUPPORT PHYSICIAN ASSISTANT FACULTY PREPARATION. ``(a) Grants.-- ``(1) In general.--The Secretary shall provide grants to not more than 10 institutions of higher education to develop, expand, and support graduate-level programs to prepare certified physician assistants to become physician assistant faculty members in accredited graduate-level physician assistant education programs through collaboration between such a program and an institution of higher education that awards a graduate degree in education. ``(2) Cap.--No institution of higher education may receive more than an aggregate of $600,000 under this section during fiscal years 2018, 2019, and 2020. ``(b) Application.-- ``(1) In general.--An institution of higher education desiring a grant under this section shall submit to the Secretary, at such time and in such manner as the Secretary may require, an application including-- ``(A) a description of the intended collaboration to develop, expand, and support graduate-level programs to prepare certified physician assistants to become physician assistant faculty members in accredited graduate-level physician assistant education programs; and ``(B) an estimate of the number of students who will be affected by such collaboration. ``(2) Priority.--The Secretary shall give priority to applications that demonstrate the potential to maximize quality instruction through the use of technology. ``(c) Report.--Not later than 18 months after the date of the first grant under this section, the Secretary shall submit to Congress a report that-- ``(1) describes the steps taken to implement this section; and ``(2) lists all recipients of grants under this section as of the date of such submission. ``(d) Definitions.--In this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101. ``(2) Physician assistant education program.--The term `physician assistant education program' has the meaning given such term in section 799B of the Public Health Service Act (42 U.S.C. 295p). ``(e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2018 through 2020. ``SEC. 899A. GRANTS FOR INFRASTRUCTURE AND TECHNOLOGY IMPROVEMENTS IN PHYSICIAN ASSISTANT EDUCATION PROGRAMS. ``(a) Grants.-- ``(1) In general.--The Secretary is authorized to award grants, on a competitive basis, to not more than 20 physician assistant education programs to enhance physician assistant education programs and improve patient safety by supporting the purchase of new infrastructure and technology. ``(2) Duration.--A grant awarded under this section shall be awarded for a period of not longer than five years. ``(b) Application.-- ``(1) In general.--A physician assistant education program may apply for a grant under this section by submitting an application to the Secretary at such time and in such manner as the Secretary may require that demonstrates how the grant funds will be used to improve physician assistant education programs and patient safety with respect to such programs. ``(2) Priority.--In awarding grants under this section, the Secretary shall give priority to applications that demonstrate the potential to-- ``(A) increase the number of physician assistant graduates; and ``(B) maximize accessibility to new and emerging technologies, including human patient simulators for physician assistant education programs, through partnerships between the grant recipient and other institutions of higher education. ``(c) Use of Funds.--A physician assistant education program that receives a grant awarded under this section may use the grant for one or more of the following purposes: ``(1) Purchase, rental, or lease of scientific, medical or laboratory equipment, including human patient simulators and other new and emerging technologies, for education purposes, including instructional and research purposes. ``(2) Construction, maintenance and renovation, and improvement of classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services. ``(3) Supporting faculty training in the use of new and emerging technologies, including human patient simulators. ``(4) Other activities proposed in the application submitted pursuant to subsection (b) that-- ``(A) contribute to carrying out the purposes of this section; and ``(B) are approved by the Secretary as part of the review and acceptance of such application. ``(d) Definitions.--In this section: ``(1) Physician assistant education program.--The term `physician assistant education program' has the meaning given such term in section 799B of the Public Health Service Act (42 U.S.C. 295p). ``(2) Human patient simulator.--The term `human patient simulator' means a computerized device that is anatomically precise and responds physiologically to interventions. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2018 and each of the five succeeding fiscal years.''.

Physician Assistant Higher Education Modernization Act of 2017 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to assist qualified individuals in receiving the education and training needed to become a physician assistant. Graduate students enrolled in physician assistant education programs are eligible for: (1) increased Unsubsidized Stafford Loan limits, and (2) loan forgiveness programs for those who serve in areas of national need upon graduation. The Department of Education (ED) must: provide Historically Black Colleges and Universities and Predominantly Black Institutions with grants to fund physician assistant studies at the masters level, prioritize the awarding of grants for physician assistant education programs at the postbaccalaureate level that will benefit Hispanics and low-income students, and provide grants to prepare certified physician assistants to become faculty members in accredited graduate-level physician assistant education programs. In addition, ED is authorized to award grants to rural-serving institutions of higher education for: (1) increasing enrollment and graduation rates of students from rural areas in postbaccalaureate physician assistant education programs, and (2) training physician assistants in rural areas through the creation and expansion of physician assistant education programs in rural areas. ED may also award grants to physician assistant education programs for enhancing the programs and improving patient safety by supporting the purchase of new infrastructure and technology.

Physician Assistant Higher Education Modernization Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deter Cyber Theft Act of 2014''. SEC. 2. ACTIONS TO ADDRESS ECONOMIC OR INDUSTRIAL ESPIONAGE IN CYBERSPACE. (a) Report Required.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on foreign economic and industrial espionage in cyberspace during the 12-month period preceding the submission of the report that-- (A) identifies-- (i) foreign countries that engage in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; (ii) foreign countries identified under clause (i) that the President determines engage in the most egregious economic or industrial espionage in cyberspace with respect to such trade secrets or proprietary information (in this section referred to as ``priority foreign countries''); (iii) technologies or proprietary information developed by United States persons that-- (I) are targeted for economic or industrial espionage in cyberspace; and (II) to the extent practicable, have been appropriated through such espionage; (iv) articles manufactured or otherwise produced using technologies or proprietary information described in clause (iii)(II); and (v) to the extent practicable, services provided using such technologies or proprietary information; (B) describes the economic or industrial espionage engaged in by the foreign countries identified under clauses (i) and (ii) of subparagraph (A); and (C) describes-- (i) actions taken by the President to decrease the prevalence of economic or industrial espionage in cyberspace; and (ii) the progress made in decreasing the prevalence of such espionage. (2) Determination of foreign countries engaging in economic or industrial espionage in cyberspace.--For purposes of clauses (i) and (ii) of paragraph (1)(A), the President shall identify a foreign country as a foreign country that engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons if the government of the foreign country-- (A) engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; or (B) facilitates, supports, fails to prosecute, or otherwise permits such espionage by-- (i) individuals who are citizens or residents of the foreign country; or (ii) entities that are organized under the laws of the foreign country or are otherwise subject to the jurisdiction of the government of the foreign country. (3) Form of report.--Each report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (b) Imposition of Sanctions.-- (1) In general.--The President may, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of each person described in paragraph (2), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Persons described.--A person described in this paragraph is a foreign person the President determines knowingly requests, engages in, supports, facilitates, or benefits from the significant appropriation, through economic or industrial espionage in cyberspace, of technologies or proprietary information developed by United States persons. (3) Exception.--The authority to impose sanctions under paragraph (1) shall not include the authority to impose sanctions on the importation of goods. (c) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Homeland Security, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Cyberspace.--The term ``cyberspace''-- (A) means the interdependent network of information technology infrastructures; and (B) includes the Internet, telecommunications networks, computer systems, and embedded processors and controllers. (3) Economic or industrial espionage.--The term ``economic or industrial espionage'' means-- (A) stealing a trade secret or proprietary information or appropriating, taking, carrying away, or concealing, or by fraud, artifice, or deception obtaining, a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; (B) copying, duplicating, downloading, uploading, destroying, transmitting, delivering, sending, communicating, or conveying a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; or (C) knowingly receiving, buying, or possessing a trade secret or proprietary information that has been stolen or appropriated, obtained, or converted without the authorization of the owner of the trade secret or proprietary information. (4) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) Own.--The term ``own'', with respect to a trade secret or proprietary information, means to hold rightful legal or equitable title to, or license in, the trade secret or proprietary information. (6) Person.--The term ``person'' means an individual or entity. (7) Proprietary information.--The term ``proprietary information'' means competitive bid preparations, negotiating strategies, executive emails, internal financial data, strategic business plans, technical designs, manufacturing processes, source code, data derived from research and development investments, and other commercially valuable information that a person has developed or obtained if-- (A) the person has taken reasonable measures to keep the information confidential; and (B) the information is not generally known or readily ascertainable through proper means by the public. (8) Technology.--The term ``technology'' has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). (9) Trade secret.--The term ``trade secret'' has the meaning given that term in section 1839 of title 18, United States Code. (10) United states person.--The term ``United States person'' means-- (A) an individual who is a citizen or resident of the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States.

Deter Cyber Theft Act of 2014 - Requires the President to report annually to Congress on foreign countries that engage in economic and industrial espionage in cyberspace with respect to U.S. trade secrets or proprietary information. Requires each report to: (1) identify countries that engage in such espionage, including countries that facilitate, support, fail to prosecute, or otherwise permit such espionage; (2) specify the countries that engage in the most egregious forms of such espionage; and (3) describe actions taken and progress made by the President to decrease the prevalence of such espionage. Authorizes the President to block and prohibit transactions in property, and interests in property, of a foreign person the President determines knowingly requests, engages in, supports, facilitates, or benefits from the significant appropriation, through economic or industrial espionage in cyberspace, of technologies or proprietary information developed by U.S. persons if such property and interests in property: (1) are in the United States; (2) come within the United States; or (3) are, or come within, the possession or control of a U.S. person. Prohibits the President from imposing sanctions on the importation of goods under such authority.

Deter Cyber Theft Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Stamp Restoration Act of 2012''. SEC. 2. FOOD STAMP BLOCK GRANT PROGRAM. (a) In General.--For each of fiscal years 2014 through 2021, the Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall establish a food stamp block grant program under which the Secretary shall make annual grants to each participating State that establishes a food stamp program in the State and submits to the Secretary annual reports under subsection (d). (b) Requirements.--As a requirement of receiving grants under this section, the Governor of each participating State shall certify that the State food stamp program includes-- (1) work requirements; (2) mandatory drug testing; (3) verification of citizenship or proof of lawful permanent residency of the United States; and (4) limitations on the eligible uses of benefits that are at least as restrictive as the limitations in place for the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) as of May 31, 2012. (c) Amount of Grant.--For each fiscal year, the Secretary shall make a grant to each participating State in an amount equal to the product of-- (1) the amount made available under section 3 for the applicable fiscal year; and (2) the proportion that-- (A) the number of legal residents in the State whose income does not exceed 100 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2), including any revision required by such section)) applicable to a family of the size involved; bears to (B) the number of such individuals in all participating States for the applicable fiscal year, based on data for the most recent fiscal year for which data is available. (d) Annual Report Requirements.-- (1) In general.--Not later than January 1 of each year, each State that receives a grant under this section shall submit to the Secretary a report that shall include, for the year covered by the report-- (A) a description of the structure and design of the food stamp program of the State, including the manner in which residents of the State qualify for the program; (B) the cost the State incurs to administer the program; (C) whether the State has established a rainy day fund for the food stamp program of the State; and (D) general statistics about participation in the food stamp program. (2) Audit.--Each year, the Comptroller General of the United States shall-- (A) conduct an audit on the effectiveness of the nutritional assistance block grant program and the manner in which each participating State is implementing the program; and (B) not later than June 30, submit to the appropriate committees of Congress a report describing-- (i) the results of the audit; and (ii) the manner in which the State will carry out the food stamp program in the State, including eligibility and fraud prevention requirements. (e) Use of Funds.-- (1) In general.--A State that receives a grant under this section may use the grant in any manner determined to be appropriate by the State to provide food stamps to the legal residents of the State. (2) Availability of funds.--Grant funds made available to a State under this section shall-- (A) remain available to the State for a period of 5 years; and (B) after that period, shall-- (i) revert to the Federal Government to be deposited in the Treasury and used for Federal budget deficit reduction; or (ii) if there is no Federal budget deficit, be used to reduce the Federal debt in such manner as the Secretary of the Treasury considers appropriate. SEC. 3. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act-- (1) for fiscal year 2014, $40,000,000,000; (2) for fiscal year 2015, $40,700,000,000; (3) for fiscal year 2016, $41,600,000,000; (4) for fiscal year 2017, $42,400,000,000; (5) for fiscal year 2018, $43,200,000,000; (6) for fiscal year 2019, $44,100,000,000; (7) for fiscal year 2020, $45,000,000,000; and (8) for fiscal year 2021, $45,900,000,000. (b) Discretionary Spending Limit Adjustment.--Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is amended-- (1) in paragraph (3), by striking the figure and inserting ``$1,106,000,000,000''; (2) in paragraph (4), by striking the figure and inserting ``$1,126,700,000,000''; (3) in paragraph (5), by striking the figure and inserting ``$1,148,600,000,000''; (4) in paragraph (6), by striking the figure and inserting ``$1,173,400,000,000''; (5) in paragraph (7), by striking the figure and inserting ``$1,199,200,000,000''; (6) in paragraph (8), by striking the figure and inserting ``$1,226,100,000,000''; (7) in paragraph (9), by striking the figure and inserting ``$1,253,000,000,000''; and (8) in paragraph (10), by striking the figure and inserting ``$1,279,900,000,000''. (c) Discretionary Cap Adjustment for New Program Spending.--Section 251A(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(2)) is amended-- (1) in subparagraph (B)(ii), by striking the figure and inserting ``$550,000,000,000''; (2) in subparagraph (C)(ii), by striking the figure and inserting ``$560,700,000,000''; (3) in subparagraph (D)(ii), by striking the figure and inserting ``$571,600,000,000''; (4) in subparagraph (E)(ii), by striking the figure and inserting ``$583,400,000,000''; (5) in subparagraph (F)(ii), by striking the figure and inserting ``$596,200,000,000''; (6) in subparagraph (G)(ii), by striking the figure and inserting ``$610,100,000,000''; (7) in subparagraph (H)(ii), by striking the figure and inserting ``$623,000,000,000''; and (8) in subparagraph (I)(ii), by striking the figure and inserting ``$635,900,000,000''. SEC. 4. REPEALS. (a) In General.--Effective September 30, 2013, the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is repealed. (b) Repeal of Mandatory Funding.-- (1) In general.--Notwithstanding any other provision of law, effective September 30, 2013, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as in effect prior to that date) shall cease to be a program funded through direct spending (as defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) prior to the amendment made by paragraph (2)). (2) Direct spending.--Effective September 30, 2013, section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)) is amended-- (A) in subparagraph (A), by adding ``and'' at the end; (B) in subparagraph (B), by striking ``; and'' at the end and inserting a period; and (C) by striking subparagraph (C). (3) Entitlement authority.--Effective September 30, 2013, section 3(9) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(9)) is amended-- (A) by striking ``means--'' and all that follows through ``the authority to make'' and inserting ``means the authority to make''; (B) by striking ``; and'' and inserting a period; and (C) by striking subparagraph (B). (4) Other direct spending.--Effective September 30, 2013, section 1026(5) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 691e(5)) is amended-- (A) in subparagraph (A), by adding ``and'' at the end; (B) in subparagraph (B), by striking ``; and'' at the end and inserting a period; and (C) by striking subparagraph (C). (c) Relationship to Other Law.--Any reference in this Act, an amendment made by this Act, or any other Act to the supplemental nutrition assistance program shall be considered to be a reference to the food stamp block grant program under this Act. SEC. 5. BASELINE. Notwithstanding section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907), the baseline shall assume that, on and after September 30, 2013, no benefits shall be provided under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as in effect prior to that date).

Food Stamp Restoration Act of 2012 - Directs the Secretary of Agriculture (USDA), for each of FY2014-FY2021, to establish a food stamp block grant program under which the Secretary shall make annual grants to each participating state that establishes a food stamp program and submits a specified annual report to the Secretary. Requires a participating state to certify that its program includes: (1) work requirements; (2) mandatory drug testing; (3) verification of citizenship or lawful U.S. permanent residency; and (4) limitations on the eligible uses of benefits that are at least as restrictive as those in place for the supplemental nutrition assistance program (SNAP, formerly the food stamp program). Provides a grant to a participating state in an amount equal to the product of: (1) the specified amount made available for the applicable fiscal year, and (2) the proportion that the number of legal residents in the state whose income does not exceed 100% of the poverty line (applicable to a family of the size involved) bears to the number of such individuals in all participating states for the applicable fiscal year. Requires an annual Government Accountability Office (GAO) audit and report to Congress regarding the effectiveness of the nutritional assistance block grant program and the manner in which each participating state is implementing the program. Permits a participating state to use the grant in any appropriate manner to provide food stamps to its legal residents. Authorizes funds to remain available to a state for five years and requires any funds remaining unused after five years to be deposited in the Treasury.) Repeals: (1) the Food and Nutrition Act of 2008, effective September 30, 2013; and (2) specified mandatory and direct funding provisions.

A bill to repeal the nutrition entitlement programs and establish a food stamp block grant program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biological Implant Tracking and Veteran Safety Act of 2015''. SEC. 2. IDENTIFICATION AND TRACKING OF BIOLOGICAL IMPLANTS USED IN DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES. (a) In General.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7330B. Identification and tracking of biological implants ``(a) Standard Identification System for Biological Implants.--(1) The Secretary shall adopt the unique device identification system developed for medical devices by the Food and Drug Administration pursuant to section 519(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i(f)), or implement a comparable standard identification system, for use in identifying biological implants intended for use in medical procedures conducted in medical facilities of the Department. ``(2) In adopting or implementing a standard identification system for biological implants under paragraph (1), the Secretary shall permit a vendor to use any of the accredited entities identified by the Food and Drug Administration as an issuing agency pursuant to section 830.100 of title 21, Code of Federal Regulations, or any successor regulation. ``(b) Biological Implant Tracking System.--(1) The Secretary shall implement a system for tracking the biological implants referred to in subsection (a) from human donor or animal source to implantation. Such system shall be compatible with the identification system adopted or implemented under subsection (a). ``(2) The Secretary shall implement inventory controls compatible with the tracking system implemented under paragraph (1) so that all patients who have received, in a medical facility of the Department, a biological implant subject to a recall can be notified of the recall, if based on the evaluation of appropriate medical personnel of the Department of the risks and benefits, the Secretary determines such notification is appropriate. ``(c) Consistency With Food and Drug Administration Regulations.-- To the extent that a conflict arises between this section and a provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or sections 351 or 361 of the Public Health Service Act (42 U.S.C. 262) (including any regulations issued under such Acts), the provision the Federal Food, Drug, and Cosmetic Act or Public Health Service Act (including any regulations issued under such Acts) shall apply. ``(d) Definition of Biological Implant.--In this section, the term `biological implant' means any animal or human cell, tissue, or cellular or tissue-based product-- ``(1) under the meaning given the term `human cells' in section 1271.3 of title 21, Code of Federal Regulations, or any successor regulation; or ``(2) that is regulated as a device under section 201(h) of the Federal Food, Drug, and Cosmetic Act.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following new item: ``7330B. Identification and tracking of biological implants.''. (c) Implementation Deadlines.-- (1) Standard identification system.-- (A) In general.--With respect to biological implants described in paragraph (1) of subsection (d) of section 7330B of title 38, United States Code, as added by subsection (a), the Secretary of Veterans Affairs shall adopt or implement a standard identification system for biological implants, as required by subsection (a) of such section, by not later than the date that is 180 days after the date of the enactment of this Act. (B) Implants regulated as devices.--With respect to biological implants described in paragraph (2) of subsection (d) of such section, the Secretary of Veterans Affairs shall adopt or implement such standard identification system in compliance with the compliance dates established by the Food and Drug Administration pursuant to section 519(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i(f)). (2) Tracking system.--The Secretary of Veterans Affairs shall implement the biological implant tracking system required by subsection (b) of section 7330B, as added by subsection (a), by not later than the date that is 180 days after the date of the enactment of this Act. (d) Reporting Requirement.--If the biological implant tracking system required by subsection (b) of such section is not operational by the date that is 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall provide to the Committees on Veterans' Affairs of the Senate and House of Representatives a written explanation for each month until such time as the system is operational. Each such explanation shall describe each impediment to the implementation of the system, steps being taken to remediate each such impediment, and target dates for a solution to each such impediment. SEC. 3. PROCUREMENT OF BIOLOGICAL IMPLANTS USED IN DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES. (a) Procurement.-- (1) In general.--Subchapter II of chapter 81 of such title is amended by adding at the end the following new section: ``Sec. 8129. Procurement of biological implants ``(a) In General.--(1) The Secretary may procure biological implants of human origin only from vendors that meet the following conditions: ``(A) The vendor uses the standard identification system adopted or implemented by the Secretary under section 7330B(a) of this title and has safeguards to ensure that a production identifier has been in place at each step of distribution of each biological implant from its donor. ``(B) The vendor is registered as required by the Food and Drug Administration under subpart B of part 1271 of title 21, Code of Federal Regulations, or any successor regulation, and in the case of a vendor that uses a tissue distribution intermediary or a tissue processor, the vendor provides assurances that the tissue distribution intermediary or tissue processor is registered as required by the Food and Drug Administration. ``(C) The vendor ensures that donor eligibility determinations and such other records as the Secretary may require accompany each biological implant at all times, regardless of the country of origin of the donor of the biological material. ``(D) The vendor consents to periodic inspections and audits by the Secretary regarding the accuracy of records and the handling of products. ``(E) The vendor agrees to cooperate with all biological implant recalls conducted on the vendor's own initiative, on the initiative of the original product manufacturer used by the vendor, by the request of the Food and Drug Administration, or by a statutory order of the Food and Drug Administration. ``(F) The vendor agrees to notify the Secretary of any adverse event or reaction report it provides to the Food and Drug Administration, as required by section 1271.3 of title 21, Code of Federal Regulations, or any successor regulation, or of any warning letter from the Food and Drug Administration issued to the vendor or a tissue processor or tissue distribution intermediary it uses by not later than 60 days after the vendor receives such report or warning letter. ``(G) The vendor agrees to retain all records associated with the procurement of a biological implant by the Department for at least five years after the date of the procurement of the biological implant. ``(H) The vendor provides assurances that the biological implants provided by the vendor are acquired only from tissue processors that maintain active accreditation with the American Association of Tissue Banks or a similar national accreditation specific to biological implants. ``(2) The Secretary may procure biological implants of non-human origin only from vendors that meet the following conditions: ``(A) The vendor uses the standard identification system adopted or implemented by the Secretary under section 7330B(a) of this title. ``(B) The vendor is registered as required by the Food and Drug Administration under section 807.3(c) of title 21, Code of Federal Regulations, or any successor regulation, and in the case of a vendor that is not the original product manufacturer of such implants the vendor provides assurances that the original product manufacturer is registered as required by the Food and Drug Administration. ``(C) The vendor consents to periodic inspections and audits by the Secretary regarding the accuracy of records and the handling of products. ``(D) The vendor agrees to cooperate with all biological implant recalls conducted on the vendor's own initiative, on the initiative of the original product manufacturer used by the vendor, by the request of the Food and Drug Administration, or by a statutory order of the Food and Drug Administration. ``(E) The vendor agrees to notify the Secretary of any adverse event report it provides to the Food and Drug Administration as required in 21 C.F.R. part 803 or any warning letter from the Food and Drug Administration issued to the vendor or the original product manufacturer it uses by not later than 60 days after the vendor receives such report or warning letter. ``(F) The vendor agrees to retain all records associated with the procurement of a biological implant by the Department for at least five years after the date of the procurement of the biological implant. ``(3) The Secretary shall procure biological implants under the Federal Supply Schedules of the General Services Administration, unless such implants are not available under such Schedules. For biological implants listed on the Federal Supply Schedules, the Secretary shall accommodate reasonable vendor requests to undertake outreach efforts to educate medical professionals of the Department about the use and efficacy of such biological implants. ``(4) Section 8123 of this title shall not apply to the procurement of biological implants. ``(5) In the case of biological implants that are unavailable for procurement under the Federal Supply Schedules, the Secretary shall procure such implants using competitive procedures in accordance with applicable law and the Federal Acquisition Regulation. ``(b) Penalties.--In addition to any applicable penalty under any other provision of law, any procurement employee of the Department who is found responsible for a biological implant procurement transaction with intent to avoid or with reckless disregard of the requirements of this section shall be ineligible to hold a certificate of appointment as a contracting officer or to serve as the representative of an ordering officer, contracting officer, or purchase card holder. ``(c) Definitions.--In this section: ``(1) The term `biological implant' shall have the meaning given such term in section 7330B(d) of this title. ``(2) The term `production identifier' means a distinct identification code that-- ``(A) relates a biological implant to the human donor of the implant and to all records pertaining to the implant; ``(B) includes information designed to facilitate effective tracking, using the distinct identification code, from the donor to the recipient and from the recipient to the donor; and ``(C) satisfies the requirements of subsection (c) of section 1271.290 of title 21, Code of Federal Regulations, or any successor regulation. ``(3) The term `tissue distribution intermediary' means an agency that acquires and stores human tissue for further distribution and performs no other tissue banking functions. ``(4) The term `tissue processor' means an entity processing human tissue for use in biological implants including activities performed on tissue other than donor screening, donor testing, tissue recovery and collection functions, storage, or distribution.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following new item: ``8129. Procurement of biological implants.''. (b) Effective Date.--Section 8129 of title 38, United States Code, as added by subsection (a), shall take effect on the date that is 180 days after the date on which the tracking system required under subsection (b) of section 7330B of such title, as added by section 2(a) is implemented. (c) Special Rule for Cryopreserved Products.--During the three-year period beginning on the effective date of section 8129 of title 38, United States Code, as added by subsection (a), biological implants produced and labeled before that date may be procured by the Department of Veterans Affairs without relabeling under the standard identification system adopted or implemented under section 7330B of such title, as added by section 2(a).

Biological Implant Tracking and Veteran Safety Act of 2015 Directs the Department of Veterans Affairs (VA) to: (1) adopt the unique device identification system developed for medical devices by the Food and Drug Administration (FDA), or implement a comparable standard identification system, for identifying biological implants intended for use in medical procedures conducted in VA medical facilities; (2) permit a vendor to use any of the accredited entities identified by the FDA as an issuing agency in adopting or implementing such a system; (3) implement a compatible system for tracking the implants from the human donor or animal source to implantation; and (4) implement inventory controls compatible with such tracking system so that all patients who have received, in a VA medical facility, a biological implant subject to a recall by the FDA can be notified of the recall. Sets forth requirements for vendors from which the VA may procure biological implants of human origin, and for vendors from which the VA may procure biological implants of non-human origin, including that such a vendor: uses the standard identification system adopted or implemented by VA under this Act; is registered as required by FDA procedures; consents to periodic inspections and audits by the VA regarding the accuracy of records and the handling of products; agrees to cooperate with all biological implant recalls conducted on the vendor's own initiative, on the initiative of the original product manufacturer used by the vendor, by the request of the FDA, or by a statutory order of the FDA; agrees to notify the VA of any adverse event report it provides to the FDA, or of any warning letter from the FDA issued to the vendor, by not later than 60 days after the vendor receives such report or warning letter; and agrees to retain all records associated with the procurement of a biological implant by the VA for at least five years after the date of the procurement. Requires the VA to: (1) procure such implants under General Services Administration Federal Supply Schedules if they are available under such Schedules, (2) accommodate reasonable vendor requests to undertake specified outreach efforts to educate VA medical professionals about the use and efficacy of implants that are listed on such Schedules, and (3) procure biological implants that are unavailable under such Schedules using competitive procedures in accordance with the Federal Acquisition Regulation. Makes any VA procurement employee found responsible for a biological implant procurement transaction with intent to avoid, or with reckless disregard of, the requirements of this Act ineligible to hold a certificate of appointment as a contracting officer or to serve as the representative of an ordering officer, contracting officer, or purchase card holder.

Biological Implant Tracking and Veteran Safety Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wind Energy Research and Development Act of 2016''. SEC. 2. WIND ENERGY RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.--The Secretary of Energy shall carry out a program of research and development to-- (1) improve the energy efficiency, reliability, and capacity of wind energy generation; (2) optimize the design and adaptability of wind energy systems to the broadest practical range of atmospheric conditions; and (3) reduce the cost of permitting, construction, operation, and maintenance of wind energy systems. (b) Program.--The program under this section shall focus on research, development, and testing of-- (1) wind power plant performance and operations including-- (A) wind flows and turbine-to-turbine interactions; (B) energy conversion potential; (C) turbine control paradigms; and (D) turbine component and integrated plant systems; (2) new materials and designs to make innovative wind turbine rotor and drivetrain concepts including-- (A) higher tip speed rotor designs; (B) low noise rotor designs; (C) more cost-effective rotor designs that are able to be integrated into current turbines; (D) advanced drivetrain and generator concepts; and (E) modular construction and onsite assembly techniques; (3) offshore wind-specific projects including-- (A) fixed and floating substructure concepts; (B) projects to assess and mitigate the impacts of hurricane wind flow and other United States-specific conditions; (C) innovative operations and maintenance strategies; (D) analysis of offshore meteorological and oceanographic data collection; and (E) offshore infrastructure monitoring; (4) wind power forecasting and atmospheric measurement systems; (5) the distributed wind energy sector; (6) transformational technologies for harnessing wind energy, including airborne wind energy concepts; and (7) other research areas as determined by the Secretary. SEC. 3. WIND ENERGY TECHNOLOGY VALIDATION AND MARKET TRANSFORMATION PROGRAM. (a) In General.--The Secretary of Energy shall conduct a wind energy technology validation and market transformation program. In carrying out this section, the Secretary shall ensure that-- (1) the program demonstrates and validates new wind energy technologies with the potential to be cost-competitive for land-based, offshore, and distributed applications; and (2) demonstration projects carried out under this program are-- (A) conducted in collaboration with industry and, as appropriate, with academic institutions; and (B) of sufficient size and geographic diversity to measure wind energy system performance under the full productive range of wind conditions in the United States. (b) Cost-Sharing.--The Secretary shall carry out the program under this section in compliance with section 988(a) through (d) and section 989 of the Energy Policy Act of 2005 (42 U.S.C. 16352(a) through (d) and 16353). SEC. 4. WIND ENERGY EXPANSION PROGRAM. (a) In General.--The Secretary of Energy shall conduct a program of research, development, demonstration, and commercial application activities to reduce barriers to the widespread adoption of wind power. Barriers addressed by this program may include-- (1) grid integration challenges; and (2) permitting issues associated with the potential impacts of wind power systems on wildlife, radar systems, and airspace. (b) Wildlife Impact Mitigation.--The program described in this section shall support the development of new wildlife impact mitigation technologies to reduce the potential impacts of wind energy facilities on-- (1) bald and golden eagles; (2) bat species; and (3) other species which may impede the widespread deployment of wind power. (c) Education and Outreach.--The program described in this section shall support education and outreach activities to disseminate information and promote public understanding of wind technologies, including the Collegiate Wind Competition. SEC. 5. WIND ENERGY INCUBATOR FUNDING. The Secretary of Energy shall maintain a wind energy incubator program to support innovative technologies that are not represented in a significant way in the Department of Energy's current portfolio of wind energy research activities or in current technology roadmaps. SEC. 6. COORDINATION. To the maximum extent practicable the Secretary of Energy shall coordinate activities under this Act with other relevant programs of the Department of Energy and other Federal research programs. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Energy to carry out this Act $200,000,000 for each of the fiscal years 2017 through 2021.

Wind Energy Research and Development Act of 2016 This bill directs the Department of Energy (DOE) to carry out a research and development program to: (1) improve the energy efficiency, reliability, and capacity of wind energy generation; (2) optimize the design and adaptability of wind energy systems to the broadest practical range of atmospheric conditions; and (3) reduce the cost of permitting, construction, operation, and maintenance of wind energy systems. DOE must also conduct a wind energy technology validation and market transformation program for demonstrating and validating new wind energy technologies with the potential to be cost-competitive for land-based, offshore, and distributed applications. DOE must conduct a program of research, development, demonstration, and commercial application activities to reduce barriers to the widespread adoption of wind power. The program must support developing new wildlife impact mitigation technologies to reduce the potential impacts of wind energy facilities on wildlife species. DOE must maintain a wind energy incubator program to support innovative technologies that are not represented in a significant way in DOE's current portfolio of wind energy research activities or in current technology roadmaps.

Wind Energy Research and Development Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Widows and Orphans Act of 2005''. SEC. 2. NEW SPECIAL IMMIGRANT CATEGORY. (a) Certain Children and Women at Risk of Harm.--Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is amended-- (1) in subparagraph (L), by inserting a semicolon at the end; (2) in subparagraph (M), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(N) subject to subsection (j), an immigrant who is not present in the United States-- ``(i) who is-- ``(I) referred to a consular, immigration, or other designated official by a United States Government agency, an international organization, or recognized nongovernmental entity designated by the Secretary of State for purposes of such referrals; and ``(II) determined by such official to be a minor under 18 years of age (as determined under subsection (j)(5))-- ``(aa) for whom no parent or legal guardian is able to provide adequate care; ``(bb) who faces a credible fear of harm related to his or her age; ``(cc) who lacks adequate protection from such harm; and ``(dd) for whom it has been determined to be in his or her best interests to be admitted to the United States; or ``(ii) who is-- ``(I) referred to a consular or immigration official by a United States Government agency, an international organization or recognized nongovernmental entity designated by the Secretary of State for purposes of such referrals; and ``(II) determined by such official to be a female who has-- ``(aa) a credible fear of harm related to her sex; and ``(bb) a lack of adequate protection from such harm.''. (b) Statutory Construction.--Section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) is amended by adding at the end the following: ``(j)(1) No natural parent or prior adoptive parent of any alien provided special immigrant status under subsection (a)(27)(N)(i) shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act. ``(2)(A) No alien who qualifies for a special immigrant visa under subsection (a)(27)(N)(ii) may apply for derivative status or petition for any spouse who is represented by the alien as missing, deceased, or the source of harm at the time of the alien's application and admission. The Secretary of Homeland Security may waive this requirement for an alien who demonstrates that the alien's representations regarding the spouse were bona fide. ``(B) An alien who qualifies for a special immigrant visa under subsection (a)(27)(N) may apply for derivative status or petition for any sibling under the age of 18 years or children under the age of 18 years of any such alien, if accompanying or following to join the alien. For purposes of this subparagraph, a determination of age shall be made using the age of the alien on the date the petition is filed with the Department of Homeland Security. ``(3) An alien who qualifies for a special immigrant visa under subsection (a)(27)(N) shall be treated in the same manner as a refugee solely for purposes of section 412. ``(4) The provisions of paragraphs (4), (5), and (7)(A) of section 212(a) shall not be applicable to any alien seeking admission to the United States under subsection (a)(27)(N), and the Secretary of Homeland Security may waive any other provision of such section (other than paragraph 2(C) or subparagraph (A), (B), (C), or (E) of paragraph (3) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. Any such waiver by the Secretary of Homeland Security shall be in writing and shall be granted only on an individual basis following an investigation. The Secretary of Homeland Security shall provide for the annual reporting to Congress of the number of waivers granted under this paragraph in the previous fiscal year and a summary of the reasons for granting such waivers. ``(5) For purposes of subsection (a)(27)(N)(i)(II), a determination of age shall be made using the age of the alien on the date on which the alien was referred to the consular, immigration, or other designated official. ``(6) The Secretary of Homeland Security shall waive any application fee for a special immigrant visa for an alien described in section 101(a)(27)(N).''. (c) Allocation of Special Immigrant Visas.--Section 203(b)(4) of the Immigration Nationality Act (8 U.S.C. 1153(b)(4)) is amended by striking ``(A) or (B) thereof'' and inserting ``(A), (B), or (N) thereof''. (d) Expedited Process.--Not later than 45 days from the date of referral to a consular, immigration, or other designated official as described in section 101(a)(27)(N) of the Immigration and Nationality Act, as added by subsection (a), special immigrant status shall be adjudicated and, if granted, the alien shall be paroled to the United States pursuant to section 212(d)(5) of that Act (8 U.S.C. 1182(d)(5)) and allowed to apply for adjustment of status to permanent residence under section 245 of that Act (8 U.S.C. 1255) within 1 year of the alien's arrival in the United States. (e) Report to Congress.--Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the progress of the implementation of this Act and the amendments made by this Act, including-- (1) data related to the implementation of this Act and the amendments made by this Act; (2) data regarding the number of placements of females and children who faces a credible fear of harm as referred to in section 101(a)(27)(N) of the Immigration and Nationality Act, as added by subsection (a); and (3) any other information that the Secretary of Homeland Security determines to be appropriate. (f) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section and the amendments made by this section. SEC. 3. REQUIREMENTS FOR ALIENS. (a) Requirement Prior to Entry Into the Untied States.-- (1) Database search.--An alien may not be admitted to the United States until the Secretary of Homeland Security has ensured that a search of each database maintained by an agency or department of the United States has been conducted to determine whether such alien is ineligible to be admitted to the Untied States on criminal, security, or related grounds. (2) Cooperation and schedule.--The Secretary of Homeland Security and the head of each appropriate agency or department of the United States shall work cooperatively to ensure that each database search required by paragraph (1) is completed not later than 45 days after the date on which an alien files a petition seeking a special immigration visa under section 101(a)(27)(N) of the Immigration and Nationality Act, as added by section 2(a). (b) Requirement After Entry Into the United States.-- (1) Requirement to submit fingerprints.-- (A) In general.--Not later than 30 days after the date that an alien enters the United States, the alien shall be fingerprinted and submit to the Secretary of Homeland Security such fingerprints and any other personal biometric data required by the Secretary. (B) Other requirements.--The Secretary of Homeland Security may prescribe regulations that permit fingerprints submitted by an alien under section 262 of the Immigration and National Act (8 U.S.C. 1302) or any other provision of law to satisfy the requirement to submit fingerprints of subparagraph (A). (2) Database search.--The Secretary of Homeland Security shall ensure that a search of each database that contains fingerprints that is maintained by an agency or department of the United States be conducted to determine whether such alien is ineligible for an adjustment of status under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on criminal, security, or related grounds. (3) Cooperation and schedule.--The Secretary of Homeland Security and the head of each appropriate agency or department of the United States shall work cooperatively to ensure that each database search required by paragraph (2) is completed not later than 180 days after the date on which the alien enters the United States. (4) Administrative and judicial review.-- (A) In general.--There may be no review of a determination by the Secretary of Homeland Security, after a search required by paragraph (2), that an alien is ineligible for an adjustment of status, under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on criminal, security, or related grounds except as provided in this paragraph. (B) Administrative review.--An alien may appeal a determination described in subparagraph (A) through the Administrative Appeals Office of the Bureau of Citizenship and Immigration Services of the Department of Homeland Security. The Secretary of Homeland Security shall ensure that a determination on such appeal is made not later than 60 days after the date that the appeal is filed. (C) Judicial review.--There may be no judicial review of a determination described in subparagraph (A).

Widows and Orphans Act of 2005 - Amends the Immigration and Nationality Act to create a new special immigrant visa category N for certain alien minors and females referred by a U.S. Government agency who have a credible fear of harm due to age or sex and who lack adequate protection. States that special immigrant status for such individuals shall be adjudicated within 45 days and that, if granted, the alien shall be paroled into the United States and allowed to apply for adjustment of status within one year of arrival. Requires the Secretary of Homeland Security to report to specified congressional committees on progress toward implementing the N visa provisions of this Act. Bars an alien's admission into the United States until a search of each database maintained by a Federal agency or department has been conducted to determine whether the alien is ineligible for admission on criminal, security, or related grounds. Requires aliens to be fingerprinted and to submit such fingerprints and other required biometric data to the Secretary within 30 days of entry. Requires completion of database searches within 180 days of entry. Authorizes administrative review of a determination that an alien is ineligible for admission on criminal, security, or related grounds based on a database search. Precludes judicial review of such determinations.

A bill to establish new special immigrant categories, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Innovation Act of 2010''. SEC. 2. GRANTEE REPORTS ON COMMERCIALIZATION STRATEGY AND RESULTS. (a) In General.--Any institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) that receives 1 or more grants of financial assistance from the National Science Foundation for research shall submit a report to the Foundation at the end of the first year of the grants, and at the end of each subsequent year in which funds are received pursuant to such grants, describing-- (1) the institution's strategy for commercializing the results of research supported by such grants; (2) the implementation of the strategy with respect to research supported by the grants; and (3) the results of its efforts to realize the commercial potential of the research supported by those grants. (b) Web Site.--The Foundation shall post reports received under this section on a Web site accessible to and searchable by the public. (c) Trade Secret Information.--An institution of higher education that submits reports to the Foundation under this section shall not reveal confidential, trade secret, or proprietary information in such reports. SEC. 3. NSF GRANTS IN SUPPORT OF SPONSORED POST-DOCTORAL FELLOWSHIP PROGRAMS. The Director of the National Science Foundation may utilize funds appropriated to carry out grants to institutions of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) to provide financial support for post- graduate research in fields with potential commercial applications to match, in whole or in part, any private sector grant of financial assistance to any post-doctoral program in such a field of study. SEC. 4. STEM INDUSTRY INTERNSHIP PROGRAMS. (a) In General.--The Director may award grants, on a competitive, merit-reviewed basis, to institutions of higher education, or consortia thereof, to establish or expand partnerships with local or regional private sector entities, for the purpose of providing undergraduate students with integrated internship experiences that connect private sector internship experiences with the students' STEM coursework. The partnerships may also include industry or professional associations. (b) Internship Program.--The grants awarded under section (a) may include internship programs in the manufacturing sector. (c) Use of Grant Funds.--Grants under this section may be used-- (1) to develop and implement hands-on learning opportunities; (2) to develop curricula and instructional materials related to industry, including the manufacturing sector; (3) to perform outreach to secondary schools; (4) to develop mentorship programs for students with partner organizations; and (5) to conduct activities to support awareness of career opportunities and skill requirements. (d) Priority.--In awarding grants under this section, the Director shall give priority to institutions of higher education or consortia thereof that demonstrate significant outreach to and coordination with local or regional private sector entities and Regional Centers for the Transfer of Manufacturing Technology established by section 25(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(a)) in developing academic courses designed to provide students with the skills or certifications necessary for employment in local or regional companies. (e) Outreach to Rural Communities.--The Foundation shall conduct outreach to institutions of higher education and private sector entities in rural areas to encourage those entities to participate in partnerships under this section. (f) Cost-Share.--The Director shall require a 50 percent non- Federal cost-share from partnerships established or expanded under this section. (g) Restriction.--No Federal funds provided under this section may be used-- (1) for the purpose of providing stipends or compensation to students for private sector internships unless private sector entities match 75 percent of such funding; or (2) as payment or reimbursement to private sector entities, except for institutions of higher education. (h) Report.--Not less than 3 years after the date of enactment of this Act, the Director shall submit a report to Congress on the number and total value of awards made under this section, the number of students affected by those awards, any evidence of the effect of those awards on workforce preparation and jobs placement for participating students, and an economic and ethnic breakdown of the participating students. SEC. 5. STUDY TO DEVELOP IMPROVED IMPACT-ON-SOCIETY METRICS. (a) In General.--Within 180 days after the date of enactment of this Act, the President of the National Academy of Sciences shall initiate a study to evaluate, develop, or improve metrics for measuring the potential impact-on-society, including-- (1) the potential for commercial applications of research studies funded in whole or in part by grants of financial assistance from the National Science Foundation or other Federal agencies; (2) the manner in which research conducted at, and individuals graduating from, an institution of higher education contribute to the development of new intellectual property and the success of commercial activities; (3) the quality of relevant scientific and international publications; and (4) the ability of such institutions to attract external research funding. (b) Report.--Within 1 year after initiating the study required by subsection (a), the Director shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science and Technology setting forth the Director's findings, conclusions, and recommendations. SEC. 6. SIMPLIFICATION OF TAX CREDIT FOR CONTRIBUTIONS TO UNIVERSITIES FOR RESEARCH AND DEVELOPMENT PURPOSES. (a) In General.--Subparagraph (A) of section 41(e)(7) of the Internal Revenue Code of 1986 (defining basic research) is amended by striking ``not having a specific commercial objective''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of enactment of this Act. SEC. 7. FEDERAL LOAN GUARANTEES FOR BUSINESSES COMMERCIALIZING NSF GRANT-FUNDED RESEARCH IDEAS. (a) Establishment.--The Secretary of Commerce shall establish a program to provide loan guarantees for obligations to small- or medium- sized businesses to assist them in making commercial use of products, processes, or ideas generated by research grants funded by the National Science Foundation. (b) Eligible Projects.--A loan guarantee may be made under the program only for a project that enables a small- or medium-sized business in the United States-- (1) to use an innovative product, process, or idea that was developed by research funded in whole or in part by a grant from the National Science Foundation; and (2) to develop, implement, market, or otherwise make use of that product, process, or idea for commercial purposes. (c) Eligible Borrower.--A loan guarantee may be made under the program only for a borrower who is a small- or medium-sized business, as determined by the Secretary under the criteria established pursuant to subsection (m). (d) Limitation on Amount.--A loan guarantee shall not exceed an amount equal to 80 percent of the obligation, as estimated at the time at which the loan guarantee is issued. (e) Limitations on Loan Guarantee.--No loan guarantee shall be made unless the Secretary determines that-- (1) there is a reasonable prospect of repayment of the principal and interest on the obligation by the borrower; (2) the amount of the obligation (when combined with amounts available to the borrower from other sources) is sufficient to carry out the project; (3) the obligation is not subordinate to other financing; (4) the obligation bears interest at a rate that does not exceed a level that the Secretary determines appropriate, taking into account the prevailing rate of interest in the private sector for similar loans and risks; and (5) the term of an obligation requires full repayment over a period not to exceed the lesser of-- (A) 30 years; or (B) 90 percent of the projected useful life, as determined by the Secretary, of the asset to be financed by the obligation. (f) Penalty for Relocation Outside of United States.--The loan agreement shall contain a provison that requires that, if the recipient of the loan relocates more than 25 percent of the business activities for which the loan was received outside the United States during the term of the loan, the recipient is required to repay the remainder of such loan-- (1) with interest at a penalty rate determined by the Secretary before the issuance of the loan and in consultation with the lender to deter the recipient of the loan from relocating such activities outside the United States; and (2) for a duration determined by the Secretary in consultation with the lender. (g) Defaults.-- (1) Payment by secretary.-- (A) In general.--If a borrower defaults (as defined in regulations promulgated by the Secretary and specified in the loan guarantee) on the obligation, the holder of the loan guarantee shall have the right to demand payment of the unpaid amount from the Secretary. (B) Payment required.--Within such period as may be specified in the loan guarantee or related agreements, the Secretary shall pay to the holder of the loan guarantee the unpaid interest on and unpaid principal of the obligation as to which the borrower has defaulted, unless the Secretary finds that there was no default by the borrower in the payment of interest or principal or that the default has been remedied. (C) Forbearance.--Nothing in this subsection precludes any forbearance by the holder of the obligation for the benefit of the borrower which may be agreed upon by the parties to the obligation and approved by the Secretary. (2) Subrogation.-- (A) In general.--If the Secretary makes a payment under paragraph (1), the Secretary shall be subrogated to the rights, as specified in the loan guarantee, of the recipient of the payment or related agreements including, if appropriate, the authority (notwithstanding any other provision of law)-- (i) to complete, maintain, operate, lease, or otherwise dispose of any property acquired pursuant to such loan guarantee or related agreement; or (ii) to permit the borrower, pursuant to an agreement with the Secretary, to continue to pursue the purposes of the project if the Secretary determines that such an agreement is in the public interest. (B) Superiority of rights.--The rights of the Secretary, with respect to any property acquired pursuant to a loan guarantee or related agreements, shall be superior to the rights of any other person with respect to the property. (3) Notification.--If the borrower defaults on an obligation, the Secretary shall notify the Attorney General of the default. (h) Terms and Conditions.--A loan guarantee under this section shall include such detailed terms and conditions as the Secretary determines appropriate-- (1) to protect the interests of the United States in the case of default; and (2) to have available all the patents and technology necessary for any person selected, including the Secretary, to complete and operate the project. (i) Consultation.--In establishing the terms and conditions of a loan guarantee under this section, the Secretary shall consult with the Secretary of the Treasury. (j) Fees.-- (1) In general.--The Secretary shall charge and collect fees for loan guarantees in amounts the Secretary determines are sufficient to cover applicable administrative expenses. (2) Availability.--Fees collected under this subsection shall-- (A) be deposited by the Secretary into the Treasury of the United States; and (B) remain available until expended, subject to such other conditions as are contained in annual appropriations Acts. (3) Limitation.--In charging and collecting fees under paragraph (1), the Secretary shall take into consideration the amount of the obligation. (k) Records.-- (1) In general.--With respect to a loan guarantee under this section, the borrower, the lender, and any other appropriate party shall keep such records and other pertinent documents as the Secretary shall prescribe by regulation, including such records as the Secretary may require to facilitate an effective audit. (2) Access.--The Secretary and the Comptroller General of the United States, or their duly authorized representatives, shall have access to records and other pertinent documents for the purpose of conducting an audit. (l) Full Faith and Credit.--The full faith and credit of the United States is pledged to the payment of all loan guarantees issued under this section with respect to principal and interest. (m) Regulations.--The Secretary shall issue final regulations before making any loan guarantees under the program. The regulations shall include-- (1) criteria that the Secretary shall use to determine eligibility for loan guarantees under this section, including-- (A) whether a borrower is a small- or medium-sized business; and (B) whether a borrower demonstrates that a market exists for the product or that the process will prove commercially successful; (2) criteria that the Secretary shall use to determine the amount of any fees charged under subsection (j), including criteria related to the amount of the obligation; (3) policies and procedures for selecting and monitoring lenders and loan performance; and (4) any other policies, procedures, or information necessary to implement this section. (n) Audit.-- (1) Annual independent audits.--The Secretary shall enter into an arrangement with an independent auditor for annual evaluations of the program under this section. (2) Comptroller general review.--The Comptroller General of the United States shall conduct a biennial review of the Secretary's execution of the program under this section. (3) Report.--The results of the independent audit under paragraph (1) and the Comptroller General's review under paragraph (2) shall be provided directly to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (o) Report to Congress.--Concurrent with the submission to Congress of the President's annual budget request in each year after the date of enactment of this Act, the Secretary shall transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing a summary of all activities carried out under this section. (p) Coordination and Nonduplication.--To the maximum extent practicable, the Secretary shall ensure that the activities carried out under this section are coordinated with, and do not duplicate the efforts of, other loan guarantee programs within the Federal Government. (q) Minimizing Risk.--The Secretary shall promulgate regulations and policies to carry out this section in accordance with Office of Management and Budget Circular No. A-129, entitled ``Policies for Federal Credit Programs and Non-Tax Receivables'', as in effect on the date of enactment of this Act. (r) Definitions.--In this section: (1) Cost.--The term ``cost'' has the meaning given such term under section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (2) Loan guarantee.--The term ``loan guarantee'' has the meaning given such term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). The term includes a loan guarantee commitment (as defined in section 502 of such Act (2 U.S.C. 661a)). (3) Obligation.--The term ``obligation'' means the loan or other debt obligation that is guaranteed under this section. (4) Program.--The term ``program'' means the loan guarantee program established in subsection (a). (s) Authorization of Appropriations.-- (1) Cost of loan guarantees.--There are authorized to be appropriated such sums as are necessary for each of fiscal years 2011 through 2015 to provide the cost of loan guarantees under this section. (2) Principal and interest.--There are authorized to be appropriated such sums as are necessary to carry out subsection (g).

American Innovation Act of 2010 - Requires institutions of higher education (IHEs) that receive one or more financial assistance grants from the National Science Foundation (NSF) for research to report to the NSF on: (1) the IHE's strategy for commercializing the results of the research; (2) the implementation of such strategy; and (3) the results of its efforts to realize the commercial potential of the research. Authorizes the Director of the NSF to use funds appropriated to carry out grants to IHEs for the provision of financial support for post-graduate research in fields of study with potential commercial applications to match any private sector grant of financial assistance to any post-doctoral program in such a field. Authorizes the award of grants to IHEs or their consortia for the establishment or expansion of partnerships (including industry or professional association partnerships) with local or regional private sector entities to provide undergraduate students with private sector internship experiences (including manufacturing sector internships) that connect with their STEM coursework. Requires National Academy of Sciences (NAS) to initiate a study to evaluate, develop, or improve impact-on-society metrics, including the potential for commercial applications of research studies funded by grants from the NSF or other federal agencies. Amends the Internal Revenue Code to allow the research tax credit for basic research payments made to certain educational and scientific organizations to be made whether or not such research has a specific commercial objective. Directs the Secretary of Commerce to establish a program to provide loan guarantees for obligations to borrowers who are small- or medium-sized businesses to assist them in making commercial use of products, processes, or ideas generated by NSF-funded research grants.

A bill to improve the commercialization potential of National Science Foundation grants, enhance the metrics used to assess such potential, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Commission Act of 2017''. SEC. 2. ESTABLISHMENT. There is established in the legislative branch a commission to be known as the ``Commission on Long Term Social Security Solvency'' (in this Act referred to as the ``Commission''). SEC. 3. DUTY OF THE COMMISSION. Not later than 1 year after the initial meeting of the Commission, the Commission shall transmit to Congress a special message that includes recommendations and proposed legislation for achieving solvency in each of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for a period of at least 75 years beginning on the date that is 1 year after the initial meeting of the Commission. Such message shall be approved by at least 9 members of the Commission. SEC. 4. MEMBERS. (a) Number and Appointment.--The Commission shall be composed of 13 members. Of the members of the Commission-- (1) 1 shall be appointed by the President; (2) 3 shall be appointed by the Speaker of the House of Representatives; (3) 3 shall be appointed by the Minority Leader of the House of Representatives; (4) 3 shall be appointed by the Majority Leader of the Senate; and (5) 3 shall be appointed by the Minority Leader of the Senate. (b) Qualifications for Congressional Appointees.--Of the members of the Commission appointed by the Congress, at least 1 appointed by each political party shall be an expert who is not an elected official or an officer or employee of the Federal Government or of any State. (c) Timing of Appointments.--Each of the appointments made under subsection (a) shall be made not later than 45 days after the date of the enactment of this Act. (d) Terms; Vacancies.--Each member shall be appointed for the life of the Commission, and a vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Compensation.-- (1) In general.--Members of the Commission shall serve without pay. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 5. OPERATION AND POWERS OF THE COMMISSION. (a) Chair and Co-Chair.--The member of the Commission appointed by the President under section 4(a) shall serve as the chair of the Commission. A co-chair of the Commission shall be designated by the Speaker of the House of Representatives at the time of the appointment. (b) Meetings.--The Commission shall meet not later than 30 days after the members of the Commission have been appointed, and at such times thereafter as the chair or co-chair shall determine. (c) Rules of Procedure.--The chair and co-chair shall, with the approval of a majority of the members of the Commission, establish written rules of procedure for the Commission, which shall include a quorum requirement to conduct the business of the Commission. (d) Hearings.--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. (e) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States, including the Congressional Budget Office and the Government Accountability Office, any information or technical assistance necessary to enable it to carry out this Act. Upon request of the chair or co-chair of the Commission, the head of that department or agency shall furnish that information or technical assistance to the Commission. (f) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for any purpose necessary to enable it to carry out this Act. (g) 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. SEC. 6. PERSONNEL. (a) Director.--The Commission shall have a Director who shall be appointed by the Commission. The Director shall be paid at a rate of pay equivalent to the annual rate of basic pay for a comparable position paid under the Executive Schedule, subject to the approval of the chair and the co-chair. (b) Staff.--The Director may appoint and fix the pay of additional staff as the Director considers appropriate. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay for a comparable position paid under the Executive Schedule. (d) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, without reimbursement, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (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) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. SEC. 7. TERMINATION. The Commission shall terminate not later than 60 days after the submission of the report described in section 3. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated not more than $2,000,000 to carry out this Act. SEC. 9. EXPEDITED CONSIDERATION OF COMMISSION RECOMMENDATIONS. (a) Expedited Consideration.-- (1) Introduction of approval bill.--The majority leader of each House or a designee shall (by request) introduce an approval bill as described in subsection (c) not later than the third day of session of that House after the date of receipt of a special message transmitted to the Congress under section 3. (2) Consideration in the house of representatives.-- (A) Referral and reporting.--Any committee of the House of Representatives to which an approval bill is referred shall report it to the House without amendment not later than the third legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. (B) Proceeding to consideration.--Not later than 3 legislative days after the approval bill is reported or a committee has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the approval bill in the House. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces an intention to the House to offer the motion provided that such notice may not be given until the approval bill is reported or a committee has been discharged from further consideration thereof. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (C) Consideration.--If the motion to proceed is agreed to, the House shall immediately proceed to consider the approval bill in the House without intervening motion. The approval bill shall be considered as read. All points of order against the approval bill and against its consideration are waived. The previous question shall be considered as ordered on the approval bill to its passage without intervening motion except 4 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of the approval bill shall not be in order. (3) Consideration in the senate.-- (A) Committee action.--The appropriate committee of the Senate shall report without amendment the approval bill not later than the third session day after introduction. If a committee fails to report the approval bill within that period or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, the committee shall be automatically discharged from further consideration of the approval bill and it shall be placed on the appropriate calendar. (B) Motion to proceed.--Not later than 3 session days after the approval bill is reported in the Senate or the committee has been discharged thereof, it shall be in order for any Senator to move to proceed to consider the approval bill in the Senate. The motion shall be decided without debate and the motion to reconsider shall be deemed to have been laid on the table. Such a motion shall not be in order after the Senate has disposed of a prior motion to proceed with respect to the approval bill. (C) Consideration.--If a motion to proceed to the consideration of the approval bill is agreed to, the Senate shall immediately proceed to consideration of the approval bill without intervening motion, order, or other business, and the approval bill shall remain the unfinished business of the Senate until disposed of. Consideration on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours equally divided in the usual form. All points of order against the approval bill or its consideration are waived. Consideration in the Senate on any debatable motion or appeal in connection with the approval bill shall be limited to not more than 1 hour. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the approval bill is not in order. A motion to reconsider the vote by which the approval bill is agreed to or disagreed to is not in order. (4) Amendments prohibited.--No amendment to, or motion to strike a provision from, an approval bill considered under this section shall be in order in either the Senate or the House of Representatives. (5) Coordination with action by other house.-- (A) In general.--If, before passing the approval bill, one House receives from the other a bill-- (i) the approval bill of the other House shall not be referred to a committee; and (ii) the procedure in the receiving House shall be the same as if no approval bill had been received from the other House until the vote on passage, when the bill received from the other House shall supplant the approval bill of the receiving House. (B) Exception.--This paragraph shall not apply to the House of Representatives. (b) Limitation.--Subsection (a) shall apply only to an approval bill described in subsection (c) and introduced pursuant to subsection (a)(1). (c) Approval Bill Described.--For purposes of subsection (a), a bill described in this paragraph is a bill-- (1) which consists of the proposed legislation which is included in such report to carry out the recommendations made by the Commission in the report; and (2) the title of which is as follows: ``A bill to carry out the recommendations of the Commission on Long Term Social Security Solvency.''. (d) Extended Time Period.--If Congress adjourns at the end of a Congress and an approval bill was then pending in either House of Congress or a committee thereof, or an approval bill had not yet been introduced with respect to a special message, then within the first 3 days of session of the next Congress, the Commission shall transmit to Congress an additional special message containing all of the information in the previous, pending special message. An approval bill may be introduced within the first five days of session of such next Congress and shall be treated as an approval bill under this section, and the time periods described in paragraphs (2) and (3) of subsection (a) shall commence on the day of introduction of that approval bill.

Social Security Commission Act of 2017 This bill temporarily establishes, within the legislative branch, the Commission on Long Term Social Security Solvency. The commission must submit to Congress recommendations and proposed legislation for achieving, for a period of at least 75 years, solvency in both of the Social Security trust funds. The bill provides for expedited consideration of proposed legislation recommended by the commission.

Social Security Commission Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Business With Terrorists Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Control in fact.--The term ``control in fact'', with respect to a corporation or other legal entity, includes-- (A) in the case of-- (i) a corporation, ownership or control (by vote or value) of at least 50 percent of the capital structure of the corporation; and (ii) any other kind of legal entity, ownership or control of interests representing at least 50 percent of the capital structure of the entity; or (B) control of the day-to-day operations of a corporation or entity. (2) Person subject to the jurisdiction of the united states.--The term ``person subject to the jurisdiction of the United States'' means-- (A) an individual, wherever located, who is a citizen or resident of the United States; (B) a person actually within the United States; (C) a corporation, partnership, association, or other organization or entity organized under the laws of the United States, or of any State, territory, possession, or district of the United States; (D) a corporation, partnership, association, or other organization, wherever organized or doing business, that is owned or controlled in fact by a person or entity described in subparagraph (A) or (C); and (E) a successor, subunit, or subsidiary of an entity described in subparagraph (C) or (D). (3) Foreign person.--The term ``foreign person'' means-- (A) an individual who is an alien; (B) a corporation, partnership, association, or any other organization or entity that is organized under the laws of a foreign country or has its principal place of business in a foreign country; (C) a foreign governmental entity operating as a business enterprise; and (D) a successor, subunit, or subsidiary of an entity described in subparagraph (B) or (C). SEC. 3. CLARIFICATION OF SANCTIONS. (a) Prohibitions on Engaging in Transactions With Foreign Persons.-- (1) In general.--In the case of a person subject to the jurisdiction of the United States that is prohibited as described in subsection (b) from engaging in a transaction with a foreign person, that prohibition shall also apply to-- (A) each subsidiary and affiliate, wherever organized or doing business, of the person prohibited from engaging in such a transaction; and (B) any other entity, wherever organized or doing business, that is controlled in fact by that person. (2) Prohibition on control.--A person subject to the jurisdiction of the United States that is prohibited as described in subsection (b) from engaging in a transaction with a foreign person shall also be prohibited from controlling in fact any foreign person that is engaged in such a transaction whether or not that foreign person is subject to the jurisdiction of the United States. (b) IEEPA Sanctions.--Subsection (a) applies in any case in which-- (1) the President takes action under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the Trading with the Enemy Act (50 U.S.C. App.) to prohibit a person subject to the jurisdiction of the United States from engaging in a transaction with a foreign person; or (2) the Secretary of State has determined that the government of a country that has jurisdiction over a foreign person has repeatedly provided support for acts of international terrorism under section 6(j) of the Export Administration Act of 1979 (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), or any other provision of law, and because of that determination a person subject to the jurisdiction of the United States is prohibited from engaging in transactions with that foreign person. (c) Cessation of Applicability by Divestiture or Termination of Business.-- (1) In general.--In any case in which the President has taken action described in subsection (b) and such action is in effect on the date of enactment of this Act, the provisions of this section shall not apply to a person subject of the jurisdiction of the United States if such person divests or terminates its business with the government or person identified by such action within 90 days after the date of enactment of this Act. (2) Actions after date of enactment.--In any case in which the President takes action described in subsection (b) on or after the date of enactment of this Act, the provisions of this section shall not apply to a person subject to the jurisdiction of the United States if such person divests or terminates its business with the government or person identified by such action within 90 days after the date of such action. (d) Publication in Federal Register.--Not later than 90 days after the date of enactment of this Act, the President shall publish in the Federal Register a list of persons with respect to whom there is in effect a sanction described in section 3(b) and shall publish notice of any change to that list in a timely manner. SEC. 4. NOTIFICATION OF CONGRESS OF TERMINATION OF INVESTIGATION BY OFFICE OF FOREIGN ASSETS CONTROL. (a) Requirement for Notification.--The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at the end the following new section: ``SEC. 42. NOTIFICATION OF CONGRESS OF TERMINATION OF INVESTIGATION BY OFFICE OF FOREIGN ASSETS CONTROL. ``The Director of the Office of Foreign Assets Control shall notify Congress upon the termination of any investigation by the Office of Foreign Assets Control of the Department of the Treasury if any sanction is imposed by the Director of such office as a result of the investigation.''. (b) Clerical Amendment.--The table of contents in subsection (b) of such Act is amended by adding at the end the following new item: ``Sec. 42. Notification of Congress of termination of investigation by Office of Foreign Assets Control.''. SEC. 5. ANNUAL REPORTING. (a) Sense of Congress.--It is the sense of the Congress that investors and the public should be informed of activities engaged in by a person that may threaten the national security, foreign policy, or economy of the United States, so that investors and the public can use the information in their investment decisions. (b) Regulations.-- (1) In general.--Not later than 120 days after the date of enactment of this Act, the Securities and Exchange Commission shall issue regulations that require any person subject to the annual reporting requirements of section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) to disclose in that person's annual reports-- (A) any ownership stake of at least 10 percent (or less if the Commission deems appropriate) in a foreign person that is engaging in a transaction prohibited under section 3(a) of this Act or that would be prohibited if such person were a person subject to the jurisdiction of the United States; and (B) the nature and value of any such transaction. (2) Person described.--A person described in this section is an issuer of securities, as that term is defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c), that is subject to the jurisdiction of the United Sates and to the annual reporting requirements of section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m).

Stop Business With Terrorists Act of 2005 - States that, in the case of a person subject to the jurisdiction of the United States that is prohibited from engaging in a transaction with a foreign person, such prohibition shall also apply to: (1) each subsidiary or affiliate of the person so prohibited; and (2) any other entity that is controlled in fact by that person. Prohibits such a person from controlling in fact any foreign person who is engaged in such a transaction whether or not the foreign person is subject to the jurisdiction of the United States. Defines as a person subject to the jurisdiction of the United States: (1) a citizen or resident of the United States; (2) a person actually within the United States; (3) a corporation, partnership, or other organization or entity organized under the laws of the United States or any state, territory, or possession thereof; (4) a corporation, partnership, or other organization owned or controlled in fact by a person or entity described in (1) or (3). Makes the prohibition applicable in any case in which: (1) the President takes action under the International Emergency Economic Powers Act or the Trading With the Enemy Act to prohibit a person subject to the jurisdiction of the United States from engaging in a transaction with a foreign person; or (2) the Secretary of State has determined that the government of a country that has jurisdiction over a foreign person has repeatedly provided support for acts of international terrorism. Allows a subject person 90 days to divest or terminate the prohibited business with the foreign person. Requires the President to publish a list of foreign persons under sanction. Requires the Director of the Office of Foreign Assets Control to notify Congress if any sanction is imposed by such Office as a result of an investigation. Expresses the sense of Congress that investors and the public should be informed of activities engaged in by a person that may threaten the national security, foreign policy, or economy of the United States.

A bill to stop corporations from financing terrorism.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizens Housing Safety and Economic Relief Act of 1995''. SEC. 2. AUTHORITY FOR PUBLIC HOUSING AGENCIES TO PROHIBIT ADMISSION OF DRUG OR ALCOHOL ABUSERS TO ASSISTED HOUSING. Section 16 of the United States Housing Act of 1937 (42 U.S.C. 1437n) is amended-- (1) in the section heading by striking ``income''; and (2) by adding at the end the following new subsection: ``(e) Authority to Limit Admission of Drug or Alcohol Abusers.-- ``(1) In general.--Notwithstanding any other provision of law, a public housing agency may establish standards for occupancy in public housing dwelling units and assistance under section 8, that prohibit admission to such units and assistance under such section by any individual-- ``(A) who currently illegally uses a controlled substance; or ``(B) whose history of illegal use of a controlled substance or use of alcohol, or current use of alcohol, provides reasonable cause for the agency to believe that the occupancy by such individual may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. ``(2) Consideration of Rehabilitation.--In determining whether, pursuant to paragraph (1), to deny admission or assistance to any elderly person based on a history of use of a controlled substance or alcohol, a public housing agency may consider whether such elderly person-- ``(A) has successfully completed a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or use of alcohol (as applicable); ``(B) has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of a controlled substance or use of alcohol (as applicable); or ``(C) is participating in a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or use of alcohol (as applicable).''. SEC. 3. DESIGNATED HOUSING FOR ELDERLY AND DISABLED FAMILIES. (a) In General.--Section 7 of the United States Housing Act of 1937 (42 U.S.C. 1437e) is amended to read as follows: ``designated housing for elderly and disabled families ``Sec. 7. (a) Authority To Provide Designated Housing.-- ``(1) In general.--Subject only to provisions of this section and notwithstanding any other provision of law, a public housing agency for which a plan under subsection (d) is in effect may provide public housing projects (or portions of projects) designated for occupancy by (A) only elderly families, (B) only disabled families, or (C) elderly and disabled families. ``(2) Priority for occupancy.--In determining priority for admission to public housing projects (or portions of projects) that are designated for occupancy as provided in paragraph (1), the public housing agency may make units in such projects (or portions) available only to the types of families for whom the project is designated. ``(3) Eligibility of near-elderly families.--If a public housing agency determines that there are insufficient numbers of elderly families to fill all the units in a project (or portion of a project) designated under paragraph (1) for occupancy by only elderly families, the agency may provide that near-elderly families may occupy dwelling units in the project (or portion). ``(4) Limitation on occupancy in projects for elderly families.-- ``(A) In general.--Subject only to the provisions of subsection (b) and notwithstanding any other provision of law, a dwelling unit in a project (or portion of a project) that is designated under paragraph (1) for occupancy by only elderly families or by only elderly and disabled families shall not be occupied by any individual who is not an elderly person and-- ``(i) who currently illegally uses a controlled substance; or ``(ii) whose history of illegal use of a controlled substance or use of alcohol, or current use of alcohol, provides reasonable cause for the agency to believe that the occupancy by such individual may interfere with the health, safety, or right to peaceful enjoyment of the premises by other tenants. ``(B) Consideration of rehabilitation.--In determining whether, pursuant to subparagraph (A), to deny occupancy to any individual based on a history of use of a controlled substance or alcohol, a public housing agency may consider the factors under section 16(e)(2). ``(b) Standards Regarding Evictions.-- ``(1) Limitation.--Except as provided in paragraph (2), any tenant who is lawfully residing in a dwelling unit in a public housing project may not be evicted or otherwise required to vacate such unit because of the designation of the project (or portion of a project) pursuant to this section or because of any action taken by the Secretary or any public housing agency pursuant to this section. ``(2) Requirement to evict nonelderly tenants in housing designated for elderly families who have current drug or alcohol abuse problems.--The public housing agency administering a project (or portion of a project) described in subsection (a)(4)(A) shall evict any individual who occupies a dwelling unit in such a project and who currently illegally uses a controlled substance or whose current use of alcohol provides a reasonable cause for the agency to believe that the occupancy by such individual may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. This paragraph may not be construed to require a public housing agency to evict any other individual who occupies the same dwelling unit as the individual required to be evicted. ``(c) Relocation Assistance.--A public housing agency that designates any existing project or building, or portion thereof, for occupancy as provided under subsection (a) shall provide, to each person and family relocated in connection with such designation-- ``(1) notice of the designation and relocation, as soon as is practicable for the agency and the person or family; ``(2) comparable housing (including appropriate services and design features), which may include tenant-based rental assistance under section 8, at a rental rate that is comparable to that applicable to the unit from which the person or family has vacated; and ``(3) payment of actual, reasonable moving expenses. ``(d) Required Plan.--A plan under this subsection for designating a project (or portion of a project) for occupancy under subsection (a)(1) is a plan, prepared by the public housing agency for the project and submitted to the Secretary, that-- ``(1) establishes that the designation of the project is necessary-- ``(A) to achieve the housing goals for the jurisdiction under the comprehensive housing affordability strategy under section 105 of the Cranston-Gonzalez National Affordable Housing Act; and ``(B) to meet the housing needs of the low-income population of the jurisdiction; and ``(2) includes a description of-- ``(A) the project (or portion of a project) to be designated; ``(B) the types of tenants for which the project is to be designated; ``(C) any supportive services to be provided to tenants of the designated project (or portion); ``(D) how the agency will secure any additional resources or housing assistance that is necessary to provide assistance to nonelderly disabled families that would have been housed if occupancy in project were not restricted pursuant to this section; and ``(E) how the design and related facilities (as such term is defined in section 202(d)(8) of the Housing Act of 1959) of the project accommodate the special environmental needs of the intended occupants. For purposes of this subsection, the term `supportive services' means services designed to meet the special needs of residents. ``(e) Review of Plans.-- ``(1) Review and notification.--The Secretary shall conduct a limited review of each plan under subsection (d) that is submitted to the Secretary to ensure that the plan is complete and complies with the requirements of subsection (d). The Secretary shall notify each public housing agency submitting a plan whether the plan complies with such requirements not later than 60 days after receiving the plan. If the Secretary does not notify the public housing agency, as required under this paragraph or paragraph (2), the plan shall be considered, for purposes of this section, to comply with the requirements under subsection (d) and the Secretary shall be considered to have notified the agency of such compliance upon the expiration of such 60-day period. ``(2) Notice of reasons for determination of noncompliance.--If the Secretary determines that a plan, as submitted, does not comply with the requirements under subsection (d), the Secretary shall specify in the notice under paragraph (1) the reasons for the noncompliance and any modifications necessary for the plan to meet such requirements. ``(3) Standards for determination of noncompliance.--The Secretary may determine that a plan does not comply with the requirements under subsection (d) only if-- ``(A) the plan is incomplete in significant matters required under such subsection; or ``(B) there is evidence available to the Secretary that challenges, in a substantial manner, any information provided in the plan. ``(4) Treatment of existing plans.--Notwithstanding any other provision of this section, a public housing agency shall be considered to have submitted a plan under this subsection if the agency has submitted to the Secretary an application and allocation plan under this section (as in effect before the date of the enactment of the Senior Citizens Housing Safety and Economic Relief Act of 1995) that have not been approved or disapproved before such date of enactment. ``(f) Effectiveness.-- ``(1) 5-year effectiveness of plan.--A plan under subsection (d) shall be in effect for purposes of this section only during the 5-year period that begins upon notification under subsection (e)(1) of the public housing agency that the plan complies with the requirements under subsection (d). An agency may extend the effectiveness of the designation and plan for an additional 2-year period beginning upon the expiration of such period (or the expiration of any previous extension period under this sentence) by submitting to the Secretary any information needed to update such plan. ``(2) Savings provision.--Any application and allocation plan approved under this section (as in effect before the date of the enactment of the Senior Citizens Housing Safety and Economic Relief Act of 1995) before such date of enactment shall be considered to be a plan under subsection (d) that is in effect for purposes of this section for the 5-year period beginning upon such approval. ``(g) Inapplicability of Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970.--No tenant of a public housing project shall be considered to be displaced for purposes of the Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970 because of the designation of any existing project or building, or portion thereof, for occupancy as provided under subsection (a) of this section. ``(h) Inapplicability to Indian Housing.--The provisions of this section shall not apply with respect to low-income housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority.''. (b) Lease Provisions.--Section 6(l) of the United States Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following new paragraph: ``(6) provide that any occupancy in violation of the provisions of section 7(a)(4) shall be cause for termination of tenancy; and''. SEC. 4. STANDARDS FOR ASSISTED HOUSING LEASE TERMINATION AND EXPEDITED GRIEVANCE PROCEDURE. (a) Public Housing Agency Grievance Procedure.--Section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is amended, in the first sentence of the matter following paragraph (6), by striking ``criminal'' the first place it appears and all that follows through ``such premises'' and inserting ``activity described in subsection (l)(5) of this section or section 8(d)(1)(B)(iii)''. (b) Public Housing Leases.--Section 6(l) of the United States Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended by striking paragraphs (4) and (5) and inserting the following new paragraphs: ``(4) require that the public housing agency may not terminate the tenancy except for violation of the terms or conditions of the lease, violation of applicable Federal, State, or local law, or for other good cause; ``(5) provide that the public housing agency may terminate the tenancy of a public housing resident for any activity, engaged in by the resident, any member of the resident's household, or any guest or other person under the resident's control, that-- ``(A) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other residents or employees of the public housing agency or other manager of the housing; ``(B) threatens the health or safety of, or right to peaceful enjoyment of their premises by, persons residing in the immediate vicinity of the premises; or ``(C) is criminal activity (including drug-related criminal activity);''. (c) Section 8 Housing Leases.--Section 8(d)(1)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)) is amended by striking clauses (ii) and (iii) and inserting the following new clauses: ``(ii) the owner shall not terminate the tenancy except for violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or other good cause; ``(iii) the owner may terminate the tenancy of the tenant of a unit for any activity, engaged in by the tenant, any member of the tenant's household, or any guest or other person under the tenant's control, that-- ``(I) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants or employees of the owner or manager of the housing; ``(II) threatens the health or safety of, or right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises; or ``(III) is criminal activity (including drug- related criminal activity); and''. SEC. 5. EXTENSION OF FHA MORTGAGE INSURANCE PROGRAM FOR HOME EQUITY CONVERSION MORTGAGES. (a) Extension of Program.--The first sentence of section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)) is amended by striking ``September 30, 1995'' and inserting ``September 30, 2000''. (b) Limitation on Number of Mortgages.--The second sentence of section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)) is amended by striking ``25,000'' and inserting ``50,000''. (c) Eligible Mortgages.--Section 255(d)(3) of the National Housing Act (12 U.S.C. 1715z-20(d)(3)) is amended to read as follows: ``(3) be secured by a dwelling that is designed principally for a 1- to 4-family residence in which the mortgagor occupies 1 of the units;''. Passed the House of Representatives October 24, 1995. Attest: ROBIN H. CARLE, Clerk.

Senior Citizens Housing Safety and Economic Relief Act of 1995 - Amends the United States Housing Act of 1937 to permit a public housing agency (PHA) to: (1) prohibit public housing admission to drug or alcohol abusers; and (2) consider, with respect to an elderly person, whether he or she has successfully completed or is participating in a supervised drug or alcohol rehabilitation program. (Sec. 3) Revises provisions permitting PHA designation of housing for occupancy by only elderly families, only disabled families, or elderly and disabled families. Eliminates the provision permitting vacant units to be made available to the general public. Prohibits admission of drug or alcohol abusers, or persons with such histories (with consideration given to rehabilitation). Prohibits eviction of current tenants from designated projects, except in the case of nonelderly drug or alcohol abusers. Requires PHA assistance to relocated tenants. Sets forth designation plan and Department of Housing and Urban Development approval provisions. States that the provisions of this section shall not apply to low-income Indian housing. (Sec. 4) Revises standards for assisted and public housing lease termination and expedited grievance procedures. (Sec. 5) Amends the National Housing Act to extend the Federal Housing Administration home equity conversion mortgage demonstration program through September 30, 2000. Increases to 50,000 the number of program mortgages, and extends eligibility to one-to-four family unit residences with at least one owner-occupied unit.

Senior Citizens Housing Safety and Economic Relief Act of 1995

SECTION 1. PURPOSE. The purpose of this Act is to clarify the treatment of authentic Alaska Native articles of handicraft under-- (1) the Convention between the United States and Great Britain for the Protection of Migratory Birds, signed at Washington, August 16, 1916 (USTS 628) (16 U.S.C. 703 et seq.); (2) the Convention between the United States and Mexico for the Protection of Migratory Birds and Game Mammals, signed at Mexico City, February 7, 1936 (USTS 912) (16 U.S.C. 703 et seq.); (3) the Convention between the United States and Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and Their Environment, signed at Tokyo, March 4, 1974 (TIAS 7990) (16 U.S.C. 703 et seq.); and (4) the Convention between the United States and the Soviet Union Concerning the Conservation of Migratory Birds and Their Environment, signed at Moscow, November 19, 1976 (TIAS 9073) (16 U.S.C. 703 et seq.). SEC. 2. CLARIFICATION FOR ALASKA NATIVE ARTICLES CONTAINING MIGRATORY BIRD PARTS. (a) In General.--Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended by adding at the end the following: ``(c) Clarification for Authentic Alaska Native Articles of Handicraft.-- ``(1) Definitions.--In this subsection: ``(A) Alaska native.--The term `Alaska Native' means-- ``(i) a person who is a member of any Native village, Village Corporation, or Regional Corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602); or ``(ii) a member of any Indian tribe that is based in Alaska. ``(B) Authentic alaska native article of handicraft.-- ``(i) In general.--The term `authentic Alaska Native article of handicraft' means any item that is-- ``(I) composed, wholly or in a significant respect, of natural materials; and ``(II) produced, decorated, or fashioned in significant part by hand-- ``(aa) by an Alaska Native; ``(bb) in the exercise of traditional Alaska Native handicrafts; and ``(cc) without the use of any mass copying device. ``(ii) Inclusions.--The term `authentic Alaska Native article of handicraft' includes-- ``(I) any weaving, carving, stitching, sewing, lacing, beading, drawing, or painting that meets the criteria described in clause (i); or ``(II) any item, including clothing, described in subclause (I) that combines the techniques described in that subclause. ``(C) Indian tribe.--The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). ``(2) Clarification for certain authentic alaska native articles of handicraft.--Subject to paragraph (3) and notwithstanding any other provision of this Act, nothing in this Act prohibits the possession, offering for sale, sale, offering to barter, barter, offering to purchase, purchase, delivery for shipment, shipment, causing to be shipped or delivered for transportation, transport, causing to be transported, carrying, causing to be carried, or receiving for shipment, transportation, or carriage of any authentic Alaska Native article of handicraft on the basis that the authentic Alaska Native article of handicraft contains a nonedible migratory bird part. ``(3) Limitation.--This subsection does not apply to an authentic Alaska Native article of handicraft containing a part of a migratory bird that was taken in a wasteful manner.''. (b) Technical Amendment.--Section 2(a) of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended by inserting a comma after ``March 4, 1972''.

This bill amends the Migratory Bird Treaty Act to provide that nothing in such Actprohibits possessing, selling, bartering, purchasing, shipping, and transporting any authentic Alaska Native handicraft, clothing or art on the basis that it contains a non-edible migratory bird part, so long as the bird was not taken in a wasteful manner.

A bill to amend the Migratory Bird Treaty Act to clarify the treatment of authentic Alaska Native articles of handicraft containing nonedible migratory bird parts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Card Consumer Protection Act of 1997''. SEC. 2. FEES FOR ON-TIME PAYMENTS PROHIBITED. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting the following new subsection after subsection (h) (as added by section 2 of this Act): ``(i) Fees for On-Time Payments Prohibited.-- ``(1) In general.--In the case of any credit card account under an open-end consumer credit plan, no minimum finance charge for any period (including any annual period), and no fee in lieu of a minimum finance charge, may be imposed with regard to such account or credit extended under such account solely on the basis that any credit extended has been repaid in full before the end of any grace period applicable with respect to the extension of credit. ``(2) Scope of application.--Paragraph (1) shall not be construed as-- ``(A) prohibiting the imposition of any flat annual fee which may be imposed on the consumer in advance of any annual period to cover the cost of maintaining a credit card account during such annual period without regard to whether any credit is actually extended under such account during such period; or ``(B) otherwise affecting the imposition of the actual finance charge applicable with respect to any credit extended under such account during such annual period at the annual percentage rate disclosed to the consumer in accordance with this title for the period of time any such credit is outstanding.''. SEC. 3. FREEZE ON INTEREST RATE TERMS AND FEES ON CANCELED CARDS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting the following new subsection after subsection (i) (as added by section 3 of this Act): ``(j) Freeze on Interest Rate Terms and Fees on Canceled Cards.-- ``(1) Advance notice of increase in interest rate required.--In the case of any credit card account under an open-end consumer credit plan, no increase in any annual percentage rate of interest (other than an increase due solely to a change in another rate of interest to which such rate is indexed) applicable to any outstanding balance of credit under such plan may take effect before the beginning of the billing cycle which begins not less than 15 days after the accountholder receives notice of such increase. ``(2) Increase not effective for canceled accounts.--If an accountholder referred to in paragraph (1) cancels the credit card account before the beginning of the billing cycle referred to in such paragraph and surrenders all unexpired credit cards issued in connection with such account-- ``(A) an annual percentage rate of interest applicable after the cancellation with respect to the outstanding balance on such account as of the date of cancellation may not exceed any annual percentage rate of interest applicable with respect to such balance under the terms and conditions in effect before the increase referred to in paragraph (1); and ``(B) the repayment of such outstanding balance after the cancellation shall be subject to all other terms and conditions applicable with respect to such account before the increase referred to in such paragraph. ``(3) Notice of right to cancel.--The notice referred to in paragraph (1) with respect to an increase in annual percentage rate of interest shall contain a brief description of the right of the consumer-- ``(A) to cancel the account before the effective date of the increase; and ``(B) after such cancellation, to pay any balance outstanding on such account at the time of cancellation in accordance with the terms and conditions in effect before the cancellation.''. SEC. 4. DISCLOSURE OF FEES AND INTEREST RATES ON CREDIT ADVANCES THROUGH THE USE OF 3D PARTY CHECKS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting the following new subsection after subsection (k) (as added by section 5 of this Act): ``(l) Fees and Interest Rates on Credit Advances Through the Use of 3d Party Checks.-- ``(1) In general.--In the case of any credit card account under an open-end consumer credit plan, a creditor may not provide the accountholder with any negotiable or transferable instrument for use in making an extension of credit to the accountholder for the purpose of making a transfer to a 3d party, unless the creditor has fully satisfied the notice requirements of paragraph (2) with respect to such instrument. ``(2) Notice requirements.--A creditor meets the notice requirements of this paragraph with respect to an instrument referred to in paragraph (1) if the creditor provides, to an accountholder at the same time any such instrument is provided, a notice which prominently and specifically describes-- ``(A) the amount of any transaction fee which may be imposed for making an extension of credit through the use of such instrument, including the exact percentage rate to be used in determining such amount if the amount of the transaction fee is expressed as a percentage of the amount of the credit extended; and ``(B) any annual percentage rate of interest applicable in determining the finance charge for any such extension of credit.''. SEC. 5. PROHIBITION ON OVER-THE-LIMIT FEES IN CREDITOR-APPROVED TRANSACTIONS. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting the following new subsection after subsection (l) (as added by section 6 of this Act): ``(m) Limitation on Imposition of Over-the-Limit Fees.--In the case of any credit card account under an open-end consumer credit plan, a creditor may not impose any fee on the accountholder for any extension of credit in excess of the amount of credit authorized to be extended with respect to such account if the extension of credit is made in connection with a credit transaction which the creditor approves in advance or at the time of the transaction.''. SEC. 6. PROHIBITION ON 2-CYCLE BILLING. Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended by inserting the following new subsection after subsection (m) (as added by section 7 of this Act): ``(n) Prohibition on 2-Cycle Billing.--In the case of any credit card account under an open-end consumer credit plan, if the creditor provides, with regard to any new extension of credit under such account, a period during which such extension of credit may be repaid without incurring a finance charge for such extension of credit, no finance charge may subsequently be imposed for such period with regard to any unpaid balance (as of the end of such period) of such extension of credit.''. SEC. 7. DISCLOSURES RELATED TO ``TEASER RATES''. Section 127(c) of the Truth in Lending Act (15 U.S.C. 1637(c)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph: ``(5) Additional notice concerning `teaser rates'.-- ``(A) In general.--If any application or solicitation for a credit card for which a disclosure is required under this subsection offers, for an introductory period of less than 1 year, an annual percentage rate of interest which-- ``(i) is less than the annual percentage rate of interest which will apply after the end of such introductory period; or ``(ii) in the case of an annual percentage rate which varies in accordance with an index, which is less than the current annual percentage rate under the index which will apply after the end of such period, the application or solicitation shall contain the disclosure contained in subparagraph (B) or (C), as the case may be. ``(B) Fixed annual percentage rate.--If the annual percentage rate which will apply after the end of the introductory period will be a fixed rate, the application or solicitation shall include the following disclosure: ``The annual percentage rate of interest applicable during the introductory period is not the annual percentage rate which will apply after the end of the introductory period. The permanent annual percentage rate will apply after (insert date) and will be (insert percentage rate).''. ``(C) Variable annual percentage rate.--If the annual percentage rate which will apply after the end of the introductory period will vary in accordance with an index, the application or solicitation shall include the following disclosure: ``The annual percentage rate of interest applicable during the introductory period is not the annual percentage rate which will apply after the end of the introductory period. The permanent annual percentage rate will be determined by an index and will apply after (insert date). If the index which will apply after such date were applied to your account today, the annual percentage rate would be (insert percentage rate).''. ``(D) Form of disclosure.--The disclosure required under this paragraph shall be made in a clear and conspicuous manner in a form at least as prominent as the disclosure of the annual percentage rate of interest which will apply during the introductory period.''.

Credit Card Consumer Protection Act of 1997 - Amends the Truth in Lending Act to: (1) prohibit fee assessment against a credit card account under an open-end consumer credit plan solely on the basis of on-time payments; (2) require advance notice of any interest rate increase for a credit card account, and of the consumer's right to cancel such account before the effective date of that increase; and (3) prohibit post-cancellation increases in interest rates and fees on the outstanding balance of any canceled cards. Mandates disclosure to a credit card account holder of the fees and interest rates imposed upon credit advances through the use of third party checks. Proscribes over-the-limit fees in creditor-approved transactions, and two-cycle billing. Prescribes additional notice requirements governing introductory rates to identify the fixed and variable interest rate which will apply following the introductory period.

Credit Card Consumer Protection Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kids Developing Skills for Success in the 21st Century Act''. SEC. 2. GRANTS FOR SUPPLEMENTAL ASSISTANCE FOR LIMITED ENGLISH PROFICIENT STUDENTS. (a) In General.--In the case of each State educational agency that in accordance with subsection (c) submits to the Secretary an application for a fiscal year, the Secretary shall make a grant for the year to the agency for the uses specified in subsection (b). The grant shall consist of the allotment determined for the State under section 3. (b) Uses of Funds.-- (1) In general.--Each State educational agency receiving a grant under this Act shall use the funds provided under the grant to assist local educational agencies in providing supplemental assistance to elementary and secondary school students of limited English proficiency to ensure that they rapidly develop proficiency in English while not falling behind in their academic studies. (2) Authorized activities.--Supplemental assistance described in paragraph (1) may, but is not required to, include individualized tutoring by regular school instructional staff or by bilingual tutors hired specifically to provide such tutoring. Such tutoring may take place during school hours, before or after school hours, or on weekends. (c) Application.-- (1) In general.--To be eligible to receive a grant under this Act, a State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents.--Each application under this subsection shall include a description of how-- (A) the State educational agency intends to use the grant funds; (B) the programs supported by the grant will be coordinated with other Federal, State, regional, and local programs; and (C) the State educational agency will evaluate program performance. (d) Priority.--In assisting local educational agencies using funds provided under this Act, a State educational agency shall give priority to local educational agencies that-- (1) experience a dramatic increase in the number or percentage of elementary and secondary school students of limited English proficiency; (2) have a large percentage of elementary and secondary school students of limited English proficiency enrolled; (3) have a total student enrollment of less than 10,000; or (4) demonstrate a record of success in assisting students of limited English proficiency achieve academic success. SEC. 3. STATE ALLOCATIONS. (a) Allocations.-- (1) In general.--Except as provided in subsections (b) and (c), of the amount appropriated for each fiscal year for this Act, each State participating in the program assisted under this Act shall receive an allocation equal to the proportion of such State's number of students of limited English proficiency who are enrolled in public elementary or secondary schools under the jurisdiction of each local educational agency described in paragraph (2) within such State, and in nonpublic elementary or secondary schools within the district served by each such local educational agency, relative to the total number of such students so enrolled in all the States participating in the program assisted under this Act. (2) Eligible local educational agencies.--The local educational agencies referred to in paragraph (1) are those local educational agencies in which the sum of the number of students of limited English proficiency who are enrolled in public elementary or secondary schools under the jurisdiction of such agencies, and in nonpublic elementary or secondary schools within the districts served by such agencies, during the fiscal year for which the payments are to be made under this Act, is equal to-- (A) at least 500; or (B) at least 3 percent of the total number of students enrolled in such public or nonpublic schools during such fiscal year; whichever number is less. (b) Determinations of Number of Students.-- (1) In general.--Determinations by the Secretary under this section for any period with respect to the number of students of limited English proficiency shall be made on the basis of data or estimates provided to the Secretary by each State educational agency in accordance with criteria established by the Secretary, unless the Secretary determines, after notice and opportunity for a hearing to the affected State educational agency, that such data or estimates are clearly erroneous. (2) Special rule.--No such determination with respect to the number of students of limited English proficiency shall operate because of an underestimate or overestimate to deprive any State educational agency of the allocation under this section that such State would otherwise have received had such determination been made on the basis of accurate data. (c) Reallocation.--Whenever the Secretary determines that any amount of a payment made to a State under this Act for a fiscal year will not be used by such State for carrying out the purpose for which the payment was made, the Secretary shall make such amount available for carrying out such purpose to one or more other States to the extent the Secretary determines that such other States will be able to use such additional amount for carrying out such purpose. Any amount made available to a State from any appropriation for a fiscal year in accordance with the preceding sentence shall, for purposes of this Act, be regarded as part of such State's payment (as determined under subsection (a)) for such year, but shall remain available until the end of the succeeding fiscal year. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) Notification of Amount.--The Secretary, not later than June 1 of each year, shall notify each State educational agency that has an application approved under section 2 of the amount of such agency's allocation under section 3 for the succeeding year. (b) Services to Children Enrolled in Nonpublic Schools.-- (1) In general.--No local educational agency may receive any assistance under this Act for any fiscal year unless such agency provides to the Secretary assurances-- (A) that to the extent consistent with the number of students of limited English proficiency who are enrolled in the nonpublic elementary or secondary schools within the district served by a local educational agency, such agency, after consultation with appropriate officials of such schools, shall provide for the benefit of such students secular, neutral, and nonideological services, materials, and equipment in accordance with this Act; (B) that the control of funds provided under this Act to any materials, equipment, and property repaired, remodeled, or constructed with those funds shall be in a public agency for the uses and purposes provided in this Act, and a public agency shall administer such funds and property; and (C) that the provision of services pursuant to this paragraph shall be provided by employees of a public agency or through contract by such public agency with a person, association, agency, or corporation who or which, in the provision of such services, is independent of such nonpublic elementary or secondary school and of any religious organization, and such employment or contract shall be under the control and supervision of such public agency, and the funds provided under this paragraph shall not be commingled with State or local funds. (2) Waivers.--If by reason of any provision of law a local educational agency is prohibited from providing educational services for children enrolled in elementary and secondary nonpublic schools, as required by paragraph (1), or if the Secretary determines that a local educational agency has substantially failed or is unwilling to provide for the participation on an equitable basis of children enrolled in such schools, the Secretary may waive such requirement and shall arrange for the provision of services, subject to the requirements of this Act, to such children. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with the provisions of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $250,000,000 for each of fiscal years 2002 through 2006. SEC. 6. DEFINITIONS. For purposes of this Act, the following terms have the following meanings: (1) Elementary school.--The term ``elementary school'' means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law. (2) Limited english proficiency.--The term ``limited English proficiency'', when used with reference to an individual, means an individual-- (A) who-- (i) was not born in the United States or whose native language is a language other than English and comes from an environment where a language other than English is dominant; or (ii) is a Native American or Alaska Native or who is a native resident of the outlying areas and comes from an environment where a language other than English has had a significant impact on such individual's level of English language proficiency; or (iii) is migratory and whose native language is other than English and comes from an environment where a language other than English is dominant; and (B) who has sufficient difficulty speaking, reading, writing, or understanding the English language and whose difficulties may deny such individual the opportunity to learn successfully in classrooms where the language of instruction is English or to participate fully in our society. (3) Local educational agency.--(A) The term ``local educational agency'' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. (B) The term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. (C) The term includes an elementary or secondary school funded by the Bureau of Indian Affairs but only to the extent that such inclusion makes such school eligible for programs for which specific eligibility is not provided to such school in another provision of law and such school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this Act with the smallest student population, except that such school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs. (4) Native american and native american language.--The terms ``Native American'' and ``Native American language'' shall have the same meaning given such terms in section 103 of the Native American Languages Act of 1990. (5) Native language.--The term ``native language'', when used with reference to an individual of limited English proficiency, means the language normally used by such individual, or in the case of a child or youth, the language normally used by the parents of the child or youth. (6) Outlying area.--The term ``outlying area'' means the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (7) Secondary school.--The term ``secondary school'' means a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law, except that such term does not include any education beyond grade 12. (8) Secretary.--The term ``Secretary'' means the Secretary of Education. (9) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas. (10) State educational agency.--The term ``State educational agency'' means the agency primarily responsible for the State supervision of public elementary and secondary schools.

Kids Developing Skills for Success in the 21st Century Act - Directs the Secretary of Education to allot grants to State educational agencies to assist local educational agencies in providing supplemental assistance for elementary and secondary school students of limited English proficiency.

To establish a program of grants for supplemental assistance for elementary and secondary school students of limited English proficiency to ensure that they rapidly develop proficiency in English while not falling behind in their academic studies.

SECTION 1. RESIDENCE STAR PROGRAM. (a) In General.--Subtitle A of title IV of the Energy Independence and Security Act of 2007 is amended by adding at the end the following: ``SEC. 414. RESIDENCE STAR PROGRAM. ``(a) Definitions.--In this section: ``(1) High-performance energy efficiency measure.--The term `high-performance energy efficiency measure' has the meaning given that term in section 424. ``(2) Residence star program.--The term `Residence Star program' means the voluntary program established under subsection (b). ``(3) Separate residential spaces.--The term `separate residential spaces' means areas within a residential building that are leased or otherwise occupied by a tenant or other occupant for a period of time pursuant to the terms of a written agreement. ``(b) Residence Star.--Not later than 6 months after the date of enactment of this section, the Administrator of the Environmental Protection Agency, in consultation with the Secretary, shall establish a voluntary program within the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a), which may be known as Residence Star, to promote energy efficiency in separate residential spaces. ``(c) Recognition of Separate Residential Spaces.-- ``(1) Occupancy-based recognition.--In establishing the Residence Star program, the Administrator shall, following public notice and an opportunity for comment-- ``(A) in a manner similar to the Energy Star rating system for commercial buildings, develop policies and procedures to recognize separate residential spaces with respect to which the owner of the separate residential space voluntarily achieves high levels of energy efficiency; ``(B) establish building occupancy categories eligible for Residence Star recognition; and ``(C) consider other forms of recognition for separate residential spaces with respect to which the owner of the separate residential space lowers energy consumption. ``(2) Design- and construction-based recognition.--In establishing the Residence Star program, the Administrator, following public notice and an opportunity for comment, shall develop policies and procedures to recognize separate residential spaces with respect to which the owner of the separate residential space uses high-performance energy efficiency measures in design and construction. ``(3) Audits required.-- ``(A) Initial audit.--In establishing the Residence Star program, the Administrator shall require that in order for a separate residential space to be eligible to receive recognition under this subsection, the owner of the separate residential space shall submit the separate residential space to an audit by a third party to certify that the requirements of the program are met with respect to the separate residential space. ``(B) Maintenance audits.--In establishing the Residence Star program, the Administrator shall require that in order for a separate residential space to be eligible to maintain recognition under this subsection, the owner of the separate residential space shall, not later than 7 years after the date on which the initial audit is conducted under subparagraph (A), and every 7 years thereafter, submit the separate residential space to an audit by a third party to certify that the requirements of the program continue to be met with respect to the separate residential space. ``(C) Contents.--The Administrator shall require that an audit conducted under this paragraph shall include-- ``(i) an assessment of the energy efficiency of the separate residential space; ``(ii) an estimate of the monetary and energy savings the tenant or other occupant of the separate residential space can expect annually as a result of such energy efficiency, as determined based on standards of measurement established by the Administrator, in consultation with the Secretary; and ``(iii) any other requirements determined appropriate by the Administrator, in consultation with the Secretary, following public notice and an opportunity for comment. ``(D) Use of estimates.-- ``(i) Use by owners.--The owner of a separate residential space that is recognized under the Residence Star program may, with respect to such separate residential space, display, publish, or otherwise use for purposes of advertising the estimate of the monetary and energy savings included in the most recent audit of the separate residential space conducted under this paragraph. ``(ii) Use by third parties.--Third parties, including realtors and property managers, may display, publish, or otherwise use for purposes of advertising the estimate of the monetary and energy savings included in the most recent audit of a separate residential space conducted under this paragraph on behalf of an owner permitted to do so under clause (i). ``(E) Criteria for third party auditors.--In establishing the Residence Star program, the Administrator, following public notice and an opportunity for comment, shall develop criteria for third parties to be eligible to conduct audits under this paragraph. ``(d) Branding.-- ``(1) Creation.--The Administrator, in consultation with the Secretary, shall create a logo and branding for the Residence Star program. ``(2) Permitted use.-- ``(A) Use by owners.--The owner of a separate residential space that is recognized under the Residence Star program may, with respect to such separate residential space, display, publish, or otherwise use for purposes of advertising the logo and branding created under paragraph (1). ``(B) Use by third parties.--Third parties, including realtors and property managers, may display, publish, or otherwise use for purposes of advertising the logo and branding created under paragraph (1) on behalf of an owner permitted to do so under subparagraph (A). ``(3) Prohibited use.--An owner of a separate residential space that is not recognized under the Residence Star program may not, with respect to such separate residential space, display, publish, or otherwise use for purposes of advertising the logo and branding created under paragraph (1). ``(e) Publication of List.--The Administrator, in consultation with the Secretary, shall publish and maintain, on an Internet website, a list of separate residential spaces that are recognized under the Residence Star program. ``(f) Preservation of Integrity.--The Administrator and the Secretary shall preserve the integrity of the Residence Star brand. ``(g) Report.--Not later than 2 years after the date on which the Residence Star program is established, the Administrator, in consultation with the Secretary, shall submit to Congress a report on the results of the program.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Energy Independence and Security Act of 2007 is amended by inserting after the item relating to section 413 the following new item: ``Sec. 414. Residence Star program.''.

This bill amends the Energy Independence and Security Act of 2007 to require the Environmental Protection Agency (EPA) to establish a Residence Star program within the Energy Star program to recognize owners of separate residential spaces who voluntarily achieve high levels of energy efficiency. Owners recognized under the program and certain other third parties may advertise: (1) estimates of the monetary and energy savings included in the most recent program audit for their spaces, and (2) the Residence Star brand.

To establish a Residence Star program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Copyright in Research Works Act''. SEC. 2. LIMITATIONS ON FEDERAL GOVERNMENT REGARDING EXTRINSIC WORKS. (a) In General.--Section 201 of title 17, United States Code, is amended by adding at the end the following new subsection: ``(f) Limitations on the Federal Government.-- ``(1) Limitations regarding funding agreements.--No Federal agency may, in connection with a funding agreement-- ``(A) impose or cause the imposition of any term or condition that-- ``(i) requires the transfer or license to or for a Federal agency of-- ``(I) any right provided under paragraph (3), (4) or (5) of section 106 in an extrinsic work; or ``(II) any right provided under paragraph (1) or (2) of section 106 in an extrinsic work, to the extent that, solely for purposes of this subsection, such right involves the availability to the public of that work; or ``(ii) requires the absence or abandonment of any right described in subclause (I) or (II) of clause (i) in an extrinsic work; ``(B) impose or cause the imposition of, as a condition of a funding agreement, the waiver of, or assent to, any prohibition under subparagraph (A); or ``(C) assert any rights under this title in material developed under any funding agreement that restrain or limit the acquisition or exercise of rights under this title in an extrinsic work. Any term, condition, or assertion prohibited under subparagraph (A), (B), or (C) shall be given no effect under this title or otherwise. ``(2) Construction.-- ``(A) Certain other rights not limited.--Nothing in paragraph (1)(A)(i)(II) shall be construed to limit the rights provided to the copyright owner under paragraphs (1) and (2) of section 106. ``(B) No new copyright protection created.--Nothing in this subsection provides copyright protection to any subject matter that is not protected under section 102. ``(3) Definitions.--In this subsection: ``(A) Extrinsic work.--The term `extrinsic work' means any work, other than a work of the United States Government, that is based upon, derived from, or related to, a funding agreement and-- ``(i) is also funded in substantial part by one or more other entities, other than a Federal agency, that are not a party to the funding agreement or acting on behalf of such a party; or ``(ii) represents, reflects, or results from a meaningful added value or process contributed by one or more other entities, other than a Federal agency, that are not a party to the funding agreement or acting on behalf of such a party. ``(B) Federal agency.--The term `Federal agency' means any department, agency, or instrumentality of the United States Government. ``(C) Funding agreement.--The term `funding agreement' means any contract, grant, or other agreement entered into between a Federal agency and any person under which funds are provided by a Federal agency, in whole or in part, for the performance of experimental, developmental, or research activities.''. (b) Applicability.--The amendment made by subsection (a) applies to any funding agreement that is entered into on or after the date of the enactment of this Act. (c) Report to Congressional Committees.--Not later than the date that is 5 years after the date of the enactment of this Act, the Register of Copyrights shall, after consulting with the Comptroller General and with Federal agencies that provide funding under funding agreements and with publishers in the private sector, review and submit to the appropriate congressional committees a report on the Register's views on section 201(f) of title 17, United States Code, as added by subsection (a) of this section, taking into account the development of and access to extrinsic works and materials developed under funding agreements, including the role played by publishers in the private sector and others. (d) Definitions.--In this section: (1) Extrinsic work; federal agency; funding agreement.--The terms ``extrinsic work'', ``Federal agency'', and ``funding agreement'' have the meanings given those terms in section 201(f)(3) of title 17, United States Code, as added by subsection (a) of this section. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives and the Committee on the Judiciary and the Committee on Appropriations of the Senate.

Fair Copyright in Research Works Act - Prohibits any federal agency from imposing any condition, in connection with a funding agreement, that requires the transfer or license to or for a federal agency, or requires the absence or abandonment, of specified exclusive rights of a copyright owner in an extrinsic work. Prohibits any federal agency from: (1) imposing, as a condition of a funding agreement, the waiver of, or assent to, any such prohibition; or (2) asserting any rights in material developed under any funding agreement that restrain or limit the acquisition or exercise of copyright rights in an extrinsic work. Defines "funding agreement" as any contract, grant, or other agreement entered into between a federal agency and any person under which funds are provided by a federal agency for the performance of experimental, developmental, or research activities. Defines "extrinsic work" as any work, other than a work of the U.S. government, that is related to a funding agreement and is also funded in substantial part by, or results from a meaningful added value contributed by, one or more nonfederal entities that are not a party to the funding agreement.

To amend title 17, United States Code, with respect to works connected to certain funding agreements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Evidence Request Efficiency Act of 2009''. SEC. 2. IMPROVEMENTS TO TITLE 18. Title 18 of the United States Code is amended-- (1) in section 2703-- (A) in subsection (a), by striking ``by a court with jurisdiction over the offense under investigation or an equivalent State warrant'' and inserting ``(or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction''; (B) in subsection (b)(1)(A), by striking ``by a court with jurisdiction over the offense under investigation or an equivalent State warrant'' and inserting ``(or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction''; and (C) in subsection (c)(1)(A), by striking ``by a court with jurisdiction over the offense under investigation or an equivalent State warrant'' and inserting ``(or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction''; (2) in section 2711(3), by striking ``has the meaning assigned by section 3127, and includes any Federal court within that definition, without geographic limitation; and'' and inserting the following: ``includes-- ``(A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that-- ``(i) has jurisdiction over the offense being investigated; ``(ii) is in or for a district in which the provider of a wire or electronic communication service is located or in which the wire or electronic communications, records, or other information are stored; or ``(iii) is acting on a request for foreign assistance pursuant to section 3512 of this title; or ``(B) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants; and''; (3) in section 3127(2)(A), by striking ``having jurisdiction over the offense being investigated;'' and inserting the following: ``that-- ``(i) has jurisdiction over the offense being investigated; ``(ii) is in or for a district in which the provider of a wire or electronic communication service is located; ``(iii) is in or for a district in which a landlord, custodian, or other person subject to subsections (a) or (b) of section 3124 of this title is located; or ``(iv) is acting on a request for foreign assistance pursuant to section 3512 of this title;''; (4) in chapter 223, by adding at the end the following: ``Sec. 3512. Foreign requests for assistance in criminal investigations and prosecutions ``(a) Execution of Request for Assistance.-- ``(1) In general.--Upon application, duly authorized by an appropriate official of the Department of Justice, of an attorney for the Government, a Federal judge may issue such orders as may be necessary to execute a request from a foreign authority for assistance in the investigation or prosecution of criminal offenses, or in proceedings related to the prosecution of criminal offenses, including proceedings regarding forfeiture, sentencing, and restitution. ``(2) Scope of orders.--Any order issued by a Federal judge pursuant to paragraph (1) may include the issuance of-- ``(A) a search warrant, as provided under rule 41 of the Federal Rules of Criminal Procedure; ``(B) a warrant or order for contents of stored wire or electronic communications or for records related thereto, as provided under section 2703 of this title; ``(C) an order for a pen register or trap and trace device as provided under section 3123 of this title; or ``(D) an order requiring the appearance of a person for the purpose of providing testimony or a statement, or requiring the production of documents or other things, or both. ``(b) Appointment of Persons To Take Testimony or Statements.-- ``(1) In general.--In response to an application for execution of a request from a foreign authority as described under subsection (a), a Federal judge may also issue an order appointing a person to direct the taking of testimony or statements or of the production of documents or other things, or both. ``(2) Authority of appointed person.--Any person appointed under an order issued pursuant to paragraph (1) may-- ``(A) issue orders requiring the appearance of a person, or the production of documents or other things, or both; ``(B) administer any necessary oath; and ``(C) take testimony or statements and receive documents or other things. ``(c) Filing of Requests.--Except as provided under subsection (d), an application for execution of a request from a foreign authority under this section may be filed-- ``(1) in the district in which a person who may be required to appear resides or is located or in which the documents or things to be produced are located; ``(2) in cases in which the request seeks the appearance of persons or production of documents or things that may be located in multiple districts, in any one of the districts in which such a person, documents, or things may be located; or ``(3) in any case, the district in which a related Federal criminal investigation or prosecution is being conducted, or in the District of Columbia. ``(d) Search Warrant Limitation.--An application for execution of a request for a search warrant from a foreign authority under this section, other than an application for a warrant issued as provided under section 2703 of this title, shall be filed in the district in which the place or person to be searched is located. ``(e) Search Warrant Standard.--A Federal judge may issue a search warrant under this section only if the foreign offense for which the evidence is sought involves conduct that, if committed in the United States, would be considered an offense punishable by imprisonment for more than one year under Federal or State law. ``(f) Service of Order or Warrant.--Except as provided under subsection (d), an order or warrant issued pursuant to this section may be served or executed in any place in the United States. ``(g) Rule of Construction.--Nothing in this section shall be construed to preclude any foreign authority or an interested person from obtaining assistance in a criminal investigation or prosecution pursuant to section 1782 of title 28, United States Code. ``(h) Definitions.--As used in this section, the following definitions shall apply: ``(1) Federal judge.--The terms `Federal judge' and `attorney for the Government' have the meaning given such terms for the purposes of the Federal Rules of Criminal Procedure. ``(2) Foreign authority.--The term `foreign authority' means a foreign judicial authority, a foreign authority responsible for the investigation or prosecution of criminal offenses or for proceedings related to the prosecution of criminal offenses, or an authority designated as a competent authority or central authority for the purpose of making requests for assistance pursuant to an agreement or treaty with the United States regarding assistance in criminal matters.''; and (5) in the table of sections for chapter 223, by adding at the end the following: ``3512. Foreign requests for assistance in criminal investigations and prosecutions.''.

Foreign Evidence Request Efficiency Act of 2009 - Amends the federal criminal code to: (1) allow any court of competent jurisdiction, as defined by this Act, to require the disclosure of stored wire or electronic communications for criminal investigations (currently, only a court with jurisdiction over the offense under investigation may issue an order for disclosure); and (2) authorize a federal judge to issue orders to execute requests from foreign judicial or law enforcement authorities for assistance in the investigation or prosecution of criminal offenses.

To improve title 18 of the United States Code.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Freedom Protection Act of 2012''. SEC. 2. FINDINGS. Congress finds that-- (1) religious freedom and liberty of conscience are inalienable rights enshrined in the Declaration of Independence and the First Amendment to the United States Constitution; (2) on August 1, 2011, the Department of Health and Human Services issued a mandate requiring individual and group health plans to cover sterilization and all Food and Drug Administration approved contraceptives, including drugs that could be used to induce abortions; (3) the mandate's exemption for ``religious employers'' is unprecedented in Federal law and excludes thousands of religious organizations, including religiously affiliated charities, health care providers, and schools; and (4) despite receiving thousands of comments protesting the extremely narrow exemption, the Department of Health and Human Services nonetheless announced on January 20, 2012, that it would not broaden the exemption but would instead give religious institutions an additional year to ``adapt'' their consciences to the mandate. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. (a) In General.--Section 2713 of the Public Health Service Act (42 U.S.C. 300gg-13) is amended by adding at the end the following: ``(d) Conscience Protections.-- ``(1) In general.--No guideline, regulation, or other requirement issued by any Federal, State, or local government pursuant to subsection (a)(4), or any other provision of the Patient Protection and Affordable Care Act (Public Law 111-148) or the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), or the amendments made by those Acts, shall-- ``(A) require any individual or entity to offer, provide, or purchase health insurance coverage for a contraceptive or sterilization service, or related education or counseling, to which that individual or entity is opposed on the basis of religious belief or moral conviction; ``(B) require any individual or entity that is opposed on the basis of religious belief or moral conviction to providing health insurance coverage of a contraceptive or sterilization service to engage in government-mandated speech regarding such a service; or ``(C) prohibit any group health plan or health insurance issuer from offering or providing individual or group health insurance coverage that excludes coverage for a contraceptive or sterilization service, or related education or counseling, which the individual or entity purchasing the plan or coverage opposes on the basis of religious belief or moral conviction. ``(2) Rule of construction.--Nothing in the Patient Protection and Affordable Care Act (Public Law 111-148) or the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), or the amendments made by those Acts, and no regulations, guidelines, or other requirement issued under such Acts (or amendments) shall be construed to authorize the imposition of a fine, penalty, or other sanction, or to otherwise disadvantage any individual or entity on the basis of a religiously based or morally based decision not to offer, provide, or purchase health insurance coverage for a contraceptive or sterilization service, or to engage in government mandated speech regarding such services. ``(3) Private right of action.--The protections of conscience contained in this subsection constitute the protection of individual rights and create a private cause of action for those individuals or entities protected. Any such individual or entity may assert a violation of this subsection as a claim or defense in a judicial proceeding. ``(4) Remedies.-- ``(A) Federal jurisdiction.--The Federal courts shall have jurisdiction to prevent and redress actual or threatened violations of this subsection by granting all forms of legal or equitable relief, including, but not limited to, injunctive relief, declaratory relief, damages, costs, and attorney fees. ``(B) Initiating party.--An action under this subsection may be instituted by the Attorney General of the United States, or by any person or entity having standing to complain of a threatened or actual violation of this subsection, including, but not limited to, any actual or prospective plan sponsor, issuer, or other entity offering a plan, any actual or prospective purchaser or beneficiary of a plan, and any individual or institutional health care provider. ``(C) Interim relief.--Pending final determination of any action under this subsection, the court may at any time enter such restraining order or prohibitions, or take such other actions, as it deems necessary. ``(5) Administration.--The Office for Civil Rights of the Department of Health and Human Services is designated to receive complaints of discrimination based on this subsection and coordinate the investigation of such complaints. ``(6) Definition.--For purposes of this subsection, the term `entity' includes a group health plan, a health insurance issuer offering group or individual health insurance coverage, and an employer or other sponsor of such plan or coverage.''. (b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the enactment of Public Law 111-148.

Religious Freedom Protection Act of 2012 - Amends the Public Health Service Act to prohibit any guideline, regulation, or other requirement issued by any federal, state, or local government relating to preventive health services coverage under the Patient Protection and Affordable Care Act (PPACA) or the Health Care and Education Reconciliation Act of 2010 (HCERA) from: (1) requiring any individual or entity to offer, provide, or purchase health insurance coverage for a contraceptive or sterilization service, or related education or counseling, to which that individual or entity is opposed on the basis of religious belief or moral conviction; (2) requiring any individual or entity opposed on such basis to providing health insurance coverage of a contraceptive or sterilization service to engage in government-mandated speech regarding such a service; or (3) prohibiting any group health plan from offering or providing individual or group health insurance coverage that excludes coverage for a contraception or sterilization service, or related education or counseling, which the individual or entity purchasing the plan or coverage opposes on such basis. Declares that nothing in PPACA or HCERA or any requirement issued under such Acts shall be construed to disadvantage any individual or entity on the basis of a religiously or morally based decision made by that individual or entity to not offer, provide, or purchase health insurance coverage for a contraceptive or sterilization service or to engage in a government-mandated speech regarding such service. Creates a private cause of action for those individuals or entities protected under this Act. Permits any such individual or entity to assert a violation as a claim or defense in a judicial proceeding. Grants the federal courts jurisdiction to prevent and redress actual or threatened violations. Permits: (1) an action under this Act to be instituted by the Attorney General or by any person or entity having standing to complain of a threatened or actual violation, and (2) the court to enter a restraining order or prohibition or take other necessary action pending final determination of any action under this Act. Designates the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and coordinate the investigation of complaints of discrimination based on this Act.

A bill to amend title XXVII of the Public Health Service Act to provide conscience protections for individuals and organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``U.S.S. Cruiser Olympia Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The U.S.S. Cruiser Olympia is the world's oldest steel war ship afloat. She is the sole surviving United States naval ship of the Spanish-American war and revived American Steel Navy. Launched in 1892 and serving with distinction in two wars, the U.S.S. Cruiser Olympia is emblematic of the moment the United States became a global power. (2) The U.S.S. Cruiser Olympia is a National Historic Landmark listed on the National Register of Historic Places (1964), a National Historic Engineering Landmark (1977), a National Historic Maritime Landmark (1988), and was awarded ``Official Project'' status of Save America's Treasures program (1999). (3) The U.S.S. Cruiser Olympia was the flagship of the Asiatic Squadron and is the only vessel from the Spanish- American War still in existence. Commissioned on February 5, 1895, she visited ports in China, Japan, Hong Kong, and the Philippines. (4) When war was declared on April 25, 1898, between the United States and Spain, Commodore George Dewey made the U.S.S. Cruiser Olympia his flagship under the command of Captain Gridley and entered Manila Bay on the morning of May 1, 1898, to confront the Spanish ships and coastal artillery. At approximately 5:40 in the morning, Commodore Dewey instructed the captain, ``You may fire when ready, Gridley''. By 7:30 a.m., the Spanish squadron and shore batteries were destroyed and Dewey accepted the surrender of the Spanish at Manila. (5) The U.S.S. Cruiser Olympia became famous as the first victors of the War, and returned to the United States for celebrations in Boston and New York. During the early twentieth century, it served in the Caribbean, Mediterranean, and, during World War I, became the flagship of the American fleet. (6) In 1921, the U.S.S. Cruiser Olympia was honored to carry the first American unknown solider from the port of Le Havre, France, to Washington, DC. On November 10, 1921, the unknown soldier lay in state in the United States Capitol, and then was transported by caisson to Arlington National Cemetery for interment. Accompanying the casket were President Warren Harding, officials of the United States government, and World War I veterans. (7) The U.S.S. Cruiser Olympia was decommissioned in Philadelphia, Pennsylvania, in the winter of 1922 and has rested beside the city since that time. It is permanently docked at Penn's Landing, Philadelphia, open for public viewing, and is one of only four warships representative of the Spanish-American war period that exists in the world. (8) The Friends of the Cruiser Olympia is a non-profit, tax exempt organization dedicated to restoring and preserving the national treasure of the U.S.S. Cruiser Olympia and to provide education for Americans and foreign visitors regarding the impact it had on American and world history. (9) The Friends of the Cruiser Olympia is a non- governmental member-based organization that is entirely dependant on funds from members, donations, and sponsorships for its mission, which is to restore and preserve the U.S.S. Cruiser Olympia. SEC. 3. COIN SPECIFICATION. (a) $1 Silver Coins.--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 in commemoration of the legacy of the U.S.S. Cruiser Olympia, 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. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the courage, pride, sacrifice, sense of duty, and history of the U.S.S. Cruiser Olympia. (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 ``2016''; 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 Friends of the Cruiser Olympia and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins under this Act only during the calendar year beginning on January 1, 2016. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid to the Friends of the Cruiser Olympia for the purpose of restoring and preserving the U.S.S. Cruiser Olympia. (c) Audits.--The Comptroller General of the United States shall have the rights to examine such books, records, documents, and other data of the Friends of the Cruiser Olympia as may be related to the expenditures of amounts paid under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary of the Treasury may issue guidance to carry out this subsection.

U.S.S. Cruiser Olympia Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue during calendar year 2016 up to 500,000 $1 silver coins in commemoration of the legacy of the U.S.S. Cruiser Olympia, the sole surviving U.S. naval ship of the Spanish-American War and the world's oldest steel warship afloat. Prescribes a surcharge of $10 per coin, to be paid to the Friends of the Cruiser Olympia to restore and preserve the ship.

To require the Secretary of the Treasury to mint coins in commemoration of the legacy of the U.S.S. Cruiser Olympia.