FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Deserve to Volunteer on the Elections Act of 2008'' or the ``FEDVOTE Act of 2008''. SEC. 2. LEAVE TO SERVE AS A POLL WORKER. (a) In General.--Subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 6329. Absence in connection with serving as a poll worker ``(a) In General.--An employee in or under an Executive agency is entitled to leave, without loss of or reduction in pay, leave to which otherwise entitled, credit for time or service, or performance or efficiency rating, not to exceed 6 days in a leave year, in order-- ``(1) to provide election administration assistance to a State or unit of local government at a polling place on the date of any election for public office; or ``(2) to receive any training without which such employee would be ineligible to provide such assistance. ``(b) Regulations.--The Director of the Office of Personnel Management may prescribe regulations for the administration of this section, including regulations setting forth the terms and conditions of the election administration assistance an employee may provide for purposes of subsection (a).''. (b) Clerical Amendment.--The table of sections for chapter 63 of title 5, United States Code, is amended by inserting after the item relating to section 6328 the following: ``6329. Absence in connection with serving as a poll worker.''. SEC. 3. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND TRAINING. (a) Grants by Election Assistance Commission.-- (1) In general.--The Election Assistance Commission (hereafter referred to as the ``Commission'') shall make a grant to each eligible State for recruiting and training individuals to serve as nonpartisan poll workers on dates of elections for public office. (2) Use of commission materials.--In carrying out activities with a grant provided under this section, the recipient of the grant shall use the manual prepared by the Commission on successful practices for poll worker recruiting, training and retention as an interactive training tool, and shall develop training programs with the participation and input of experts in adult learning. (b) Requirements for Eligibility.-- (1) Application.--Each State that desires to receive a payment under this section shall submit an application for the payment to the Commission at such time and in such manner and containing such information as the Commission shall require. (2) Contents of application.--Each application submitted under paragraph (1) shall-- (A) describe the activities for which assistance under this section is sought; (B) provide assurances that the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; (C) provide assurances that the State will furnish the Commission with information on the number of individuals who served as nonpartisan poll workers after recruitment and training with the funds provided under this section; and (D) provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section. (c) Amount of Grant.-- (1) In general.--The amount of a grant made to a State under this section shall be equal to the product of-- (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the State. (2) Voting age population percentage defined.--In paragraph (1), the ``voting age population percentage'' for a State is the quotient of-- (A) the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); and (B) the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census). (d) Reports to Congress.-- (1) Reports by recipients of grants.--Not later than 6 months after the date on which the final grant is made under this section, each recipient of a grant shall submit a report to the Commission on the activities conducted with the funds provided by the grant. (2) Reports by commission.--Not later than 1 year after the date on which the final grant is made under this section, the Commission shall submit a report to Congress on the grants made under this section and the activities carried out by recipients with the grants, and shall include in the report such recommendations as the Commission considers appropriate. (e) State Defined.--In this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands. (f) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $75,000,000. Any amount appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended. (2) Administrative expenses.--Of the amount appropriated for any fiscal year pursuant to the authority of this subsection, not more than 3 percent shall be available for administrative expenses of the Commission. SEC. 4. EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM PAPERWORK REDUCTION ACT. Section 3502(1) of title 44, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (C); (2) by striking the semicolon at the end of subparagraph (D) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(E) the Election Assistance Commission;''.

Federal Employees Deserve to Volunteer on the Elections Act of 2008 or the FEDVOTE Act of 2008 - Entitles executive agency employees to leave, without loss of or reduction in pay, leave to which otherwise entitled, credit for time or service, or performance or efficiency rating, not exceeding six days in a leave year, in order to: (1) provide election administration assistance to a state or unit of local government at a polling place on the date of any election for public office; or (2) receive training without which the employee would be ineligible to provide such assistance. Directs the Election Assistance Commission to make grants to eligible states for recruiting and training individuals to serve as poll workers on dates of elections for public office. Requires grant recipients to use the manual prepared by the Commission on successful practices for poll worker recruiting, training, and retention as an interactive training tool and develop training programs with the participation and input of experts in adult learning. Provides a formula for grant amounts based upon a state's voting age population percentage. Requires reports to the Commission and to Congress on activities conducted with funds provided under this Act. Authorizes appropriations. Exempts the Commission from application of the Paperwork Reduction Act.

To amend title 5, United States Code, to provide additional leave for Federal employees to serve as poll workers, and to direct the Election Assistance Commission to make grants to States for poll worker recruitment and training.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Newborn Screening Saves Lives Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) Currently, it is possible to test for at least 30 disorders through newborn screening. (2) There is a lack of uniform newborn screening throughout the United States. While a newborn with a debilitating condition may receive screening, early detection, and treatment in one location, in another location the condition may go undetected and result in catastrophic consequences. (3) Each year more than 4,000,000 babies are screened to detect conditions that may threaten their long-term health. (4) There are more than 2,000 babies born every year in the United States with detectable and treatable disorders that go unscreened through newborn screening. SEC. 3. AMENDMENT TO PUBLIC HEALTH SERVICE ACT. Part Q of title III of the Public Health Service Act (42 U.S.C. 280h et seq.) is amended by adding at the end the following: ``SEC. 399AA. NEWBORN SCREENING. ``(a) Authorization of Grant Programs.-- ``(1) Grants to assist health care professionals.--From funds appropriated under subsection (h), the Secretary, acting through the Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration (referred to in this section as the `Associate Administrator') and in consultation with the Advisory Committee on Heritable Disorders in Newborns and Children (referred to in this section as the `Advisory Committee'), shall award grants to eligible entities to enable such entities to assist in providing health care professionals and State health department laboratory personnel with-- ``(A) education in newborn screening; and ``(B) training in-- ``(i) relevant and new technologies in newborn screening; and ``(ii) congenital, genetic, and metabolic disorders. ``(2) Grants to assist families.--From funds appropriated under subsection (h), the Secretary, acting through the Associate Administrator and in consultation with the Advisory Committee, shall award grants to eligible entities to enable such entities to develop and deliver educational programs about newborn screening to parents, families, and patient advocacy and support groups. ``(3) Grants for newborn screening followup.--From funds appropriated under subsection (h), the Secretary, acting through the Associate Administrator and in consultation with the Advisory Committee, shall award grants to eligible entities to enable such entities to establish, maintain, and operate a system to assess and coordinate treatment relating to congenital, genetic, and metabolic disorders. ``(b) Application.--An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(c) Selection of Grant Recipients.-- ``(1) In general.--Not later than 120 days after receiving an application under subsection (b), the Secretary, after considering the approval factors under paragraph (2), shall determine whether to award the eligible entity a grant under this section. ``(2) Approval factors.-- ``(A) Requirements for approval.--An application submitted under subsection (b) may not be approved by the Secretary unless the application contains assurances that the eligible entity-- ``(i) will use grant funds only for the purposes specified in the approved application and in accordance with the requirements of this section; and ``(ii) will establish such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting of Federal funds paid to the eligible entity under the grant. ``(B) Existing programs.--Prior to awarding a grant under this section, the Secretary shall-- ``(i) conduct an assessment of existing educational resources and training programs and coordinated systems of followup care with respect to newborn screening; and ``(ii) take all necessary steps to minimize the duplication of the resources and programs described in clause (i). ``(d) Coordination.--The Secretary shall take all necessary steps to coordinate programs funded with grants received under this section. ``(e) Use of Grant Funds.-- ``(1) Grants to assist health care professionals.--An eligible entity that receives a grant under subsection (a)(1) may use the grant funds to work with appropriate medical schools, nursing schools, schools of public health, internal education programs in State agencies, nongovernmental organizations, and professional organizations and societies to develop and deliver education and training programs that include-- ``(A) continuing medical education programs for health care professionals and State health department laboratory personnel in newborn screening; ``(B) education, technical assistance, and training on new discoveries in newborn screening and the use of any related technology; ``(C) models to evaluate what a newborn should be screened for and when and where that screening should take place; ``(D) models to evaluate the prevalence of, and assess and communicate the risks of, newborn disorders, including the prevalence and risk of certain newborn disorders based on family history; ``(E) models to communicate effectively with parents and families about-- ``(i) the process and benefits of newborn screening; ``(ii) how to use information gathered from newborn screening; ``(iii) the meaning of screening results, including the rate of false positives; ``(iv) the right of refusal of newborn screening; and ``(v) the potential need for followup care after newborns are screened; ``(F) information and resources on coordinated systems of followup care after newborns are screened; ``(G) information on the disorders for which States require and offer newborn screening and options for newborn screening relating to conditions in addition to such disorders; ``(H) information on supplemental newborn screening that the States do not require and offer but that parents may want; and ``(I) other items to carry out the purpose described in subsection (a)(1) as determined appropriate by the Secretary. ``(2) Grants to assist families.--An eligible entity that receives a grant under subsection (a)(2) may use the grant funds to develop and deliver to parents, families, and patient advocacy and support groups, educational programs about newborn screening that include information on-- ``(A) what is newborn screening; ``(B) how newborn screening is performed; ``(C) who performs newborn screening; ``(D) where newborn screening is performed; ``(E) the disorders for which the State requires newborns to be screened; ``(F) different options for newborn screening for disorders other than those included by the State in the mandated newborn screening program; ``(G) the meaning of various screening results including the rate of false positives; ``(H) the prevalence and risk of newborn disorders, including the increased risk of disorders that may stem from family history; ``(I) coordinated systems of followup care after newborns are screened; and ``(J) other items to carry out the purpose described in subsection (a)(2) as determined appropriate by the Secretary. ``(3) Grants for quality newborn screening followup.--An eligible entity that receives a grant under subsection (a)(3) shall use the grant funds to-- ``(A) expand on existing procedures and systems, where appropriate and available, for the timely reporting of newborn screening results to individuals, families, primary care physicians, and subspecialists in congenital, genetic, and metabolic disorders; ``(B) coordinate ongoing followup treatment with individuals, families, primary care physicians, and subspecialists in congenital, genetic, and metabolic disorders after a newborn receives an indication of the presence of a disorder on a screening test; ``(C) ensure the seamless integration of confirmatory testing, tertiary care medical services, comprehensive genetic services including genetic counseling, and information about access to developing therapies by participation in approved clinical trials involving the primary health care of the infant; ``(D) analyze data, if appropriate and available, collected from newborn screenings to identify populations at risk for disorders affecting newborns, examine and respond to health concerns, recognize and address relevant environmental, behavioral, socioeconomic, demographic, and other relevant risk factors; and ``(E) carry out such other activities as the Secretary may determine necessary. ``(f) Reports to Congress.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall submit to the appropriate committees of Congress reports-- ``(A) evaluating the effectiveness and the impact of the grants awarded under this section-- ``(i) in promoting newborn screening-- ``(I) education and resources for families; and ``(II) education, resources, and training for health care professionals; ``(ii) on the successful diagnosis and treatment of congenital, genetic, and metabolic disorders; and ``(iii) on the continued development of coordinated systems of followup care after newborns are screened; ``(B) describing and evaluating the effectiveness of the activities carried out with grant funds received under this section; and ``(C) that include recommendations for Federal actions to support-- ``(i) education and training in newborn screening; and ``(ii) followup care after newborns are screened. ``(2) Timing of reports.--The Secretary shall submit-- ``(A) an interim report that includes the information described in paragraph (1), not later than 30 months after the date on which the first grant funds are awarded under this section; and ``(B) a subsequent report that includes the information described in paragraph (1), not later than 60 months after the date on which the first grant funds are awarded under this section. ``(g) Definition of Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) a State or a political subdivision of a State; ``(2) a consortium of 2 or more States or political subdivisions of States; ``(3) a territory; ``(4) an Indian tribe or a hospital or outpatient health care facility of the Indian Health Service; or ``(5) a nongovernmental organization with appropriate expertise in newborn screening, as determined by the Secretary. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $15,000,000 for fiscal year 2003; and ``(2) such sums as may be necessary for each of fiscal years 2004 through 2007.''.

Newborn Screening Saves Lives Act of 2002 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration, to award grants for newborn screening education and training, including followup.

A bill to amend the Public Health Service Act to establish grant programs to provide for education and outreach on newborn screening and coordinated followup care once newborn screening has been conducted, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Families Home Act of 2014''. SEC. 2. DEED-FOR-LEASE PROGRAM. (a) Establishment.-- (1) In general.--Each servicer shall establish a deed-for- lease program (hereinafter referred to as the ``Program''), which shall permit an eligible mortgagor to-- (A) enter into a deed in lieu of foreclosure agreement; (B) continue to occupy and lease the property that is the subject of such agreement for a 1-year period that begins on the date of such agreement; and (C) have a right of first refusal to purchase such property after the end of the 1-year lease period, if the owner of the property intends to sell the property at that time. (2) Exception for small servicers.--The Program requirement under paragraph (1) shall not apply to a small servicer, as such term is defined by the Secretary of Housing and Urban Development. (b) Notice Requirement.--Servicers shall provide each eligible mortgagor with information about the Program and how to apply to participate in the Program. (c) Lease Terms.--A lease entered into by an eligible mortgagor under the Program shall-- (1) carry a monthly rent amount equal to the fair market rent for such property, as determined by an independent private appraiser hired by and paid by the servicer; and (2) contain all typical lease provisions for similar rental property. (d) Application Process.-- (1) In general.--An eligible mortgagor may apply for the Program at any time. (2) Effect of foreclosure sale.--If there is a foreclosure sale pending with respect to the property-- (A) the eligible mortgagor may only apply for the Program before the date that is 7 days before the date of such foreclosure sale; and (B) once the eligible mortgagor applies for the Program, the foreclosure sale shall be halted until after the eligible mortgagor's Program application has been evaluated. (3) Contents of application.-- (A) In general.--In applying for the Program, an eligible mortgagor shall provide the servicer with proof of the following information: (i) The eligible mortgagor is subject to a financial hardship that makes the eligible mortgagor unable to continue making timely payments on the eligible mortgage loan. (ii) The eligible mortgagor is eligible to pay the monthly rent amount described under subsection (c)(1) and such amount is no more than 31 percent of the eligible mortgagor's monthly income. (iii) The eligible mortgagor currently lives in the property and intends to continue doing so during the 1-year lease term. (B) Ability to pay higher percentage of income in rent.--Notwithstanding subparagraph (A)(ii), if an eligible mortgagor believes they are able pay the monthly rent amount despite such amount exceeding 31 percent of the eligible mortgagor's monthly income, the eligible mortgagor may request that the Department of Housing and Urban Development review their information, along with any contributing factors the eligible mortgagor may have (such as a low debt burden) and, if the Department notifies the eligible mortgagor that the Department agrees that the eligible mortgagor is able to pay a monthly rent amount that is equal to a percentage of their monthly income that is higher than 31 percent, such higher percentage shall be used for purposes of subparagraph (A)(ii). (4) Effect of junior liens.--If an eligible mortgagor applies for a Program with respect to a single family property subject to a junior lien-- (A) if the servicer of the Program is also the holder of the junior lien, the servicer shall release the junior lien and, subject to the other requirements of this section, the eligible mortgagor shall be eligible to participate in the Program; and (B) if the servicer of the Program is not the holder of the junior lien, the servicer shall contact such junior lien holder and request that the holder release the lien, and-- (i) if the holder releases the lien, then, subject to the other requirements of this section, the eligible mortgagor shall be eligible to participate in the Program; and (ii) if the holder does not release the lien, then the eligible mortgagor shall not be eligible to participate in the Program. (e) Evaluation and Notification.-- (1) Deadline for evaluation.--The servicer shall evaluate the eligible mortgagor's application within 30 days of receiving such application and shall accept an eligible mortgagor into the Program if the eligible mortgagor has provided the proof described under subsection (d)(3)(A). (2) Notification.--Promptly after making a determination under paragraph (1), the servicer shall notify the eligible mortgagor of such determination in writing and, if the servicer determines that the eligible mortgagor may not be accepted into the Program, the servicer shall specifically explain in writing why the eligible mortgage was not accepted. (f) Subsequent Owners Follow Program Requirements.--Any subsequent owner of the property being leased pursuant to the Program shall-- (1) maintain the Program and abide by the terms of the Program to the same extent as the servicer of the eligible mortgage; and (2) certify to the Department of Housing and Urban Development, before finalizing any purchase of the property, that they will abide by the terms of the Program. (g) Rulemaking; Compliance Evaluation.--The Department of Housing and Urban Development shall-- (1) issue such regulations as may be necessary to carry out this section; (2) evaluate the compliance by servicers and owners with the requirements of this section; and (3) enforce the requirements of this section. (h) Definitions.--For purposes of this section: (1) Eligible mortgagor.--The term ``eligible mortgagor'' means a mortgagor under an eligible mortgage. (2) Eligible mortgage.--The term ``eligible mortgage'' means a first or subordinate mortgage on a property that-- (A) is a single family property; and (B) is currently being used as the principal residence of the eligible mortgagor. (3) Single family property.--The term ``single family property'' means-- (A) a structure consisting of 1 to 4 dwelling units; (B) a dwelling unit in a multi-unit condominium property together with an undivided interest in the common areas and facilities serving the property; (C) a dwelling unit in a multi-unit project for which purchase of stock or a membership interest entitles the purchaser to permanent occupancy of that unit; or (D) a manufactured housing unit.

Keeping Families Home Act of 2014 - Directs each mortgage servicer to establish a deed-for-lease program which shall permit an eligible mortgagor to: enter into a deed in lieu of foreclosure agreement; continue to occupy and lease the property that is the subject of the agreement for one year; and have a right of first refusal to purchase such property after the end of the one-year lease period, if the owner intends to sell the property at that time. Exempts small servicers from such requirement. Requires a lease to carry a monthly rent amount equal to the fair market rent for the property, as determined by an independent private appraiser hired by and paid by the servicer.

Keeping Families Home Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Research Informed Consent Act''. SEC. 2. REQUIREMENT OF INFORMED CONSENT REGARDING USE OF HUMAN SUBJECTS IN FEDERALLY QUALIFIED RESEARCH. (a) In General.--Section 491 of the Public Health Service Act (42 U.S.C. 289) is amended by adding at the end the following subsection: ``(c) Requirement of Informed Consent Regarding Human Subjects.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall by regulation establish the requirement that, in federally qualified research in which any human subject is to be used, an individual may not be used as a subject unless the principal researcher obtains the informed consent of the individual to serve as a subject. ``(2) Exempted categories of research.-- ``(A) With respect to the requirement of paragraph (1) that informed consent be obtained, the Secretary may, in issuing regulations under such paragraph, establish such exempted categories of research as the Secretary determines to be appropriate. The regulations may not authorize any waiver of the applicability of the requirement to a research activity that is not within such a category. ``(B) In the case of a particular research activity, the Secretary is responsible for approving or disapproving the activity as qualifying for an exemption under subparagraph (A). ``(C) If under subparagraph (B) the Secretary approves an exemption, the Secretary shall submit to the congressional committees of jurisdiction a notification that the exemption has been approved (together with a description of the circumstances). In the case of classified materials, the notification shall be submitted to the committees, and reviewed by the committees, in accordance with any applicable requirements for such materials. ``(D) An exemption approved by the Secretary under subparagraph (B) takes effect upon the expiration of the 60-day period beginning on the date on which the notification regarding the exemption is submitted under subparagraph (C). ``(3) Criteria regarding provision of consent.--In issuing regulations under paragraph (1), the Secretary shall establish requirements for obtaining informed consent, including requirements regarding the information to be provided to the prospective research subject and requirements regarding documentation of the informed consent of such subject. ``(4) Noncompliance.-- ``(A) An individual aggrieved as a result of a violation of the requirement under paragraph (1) may obtain appropriate relief through a civil action, including damages, equitable relief, and a reasonable attorney's fees and costs. Damages in such an action may include damages other than actual damages. ``(B) With respect to a civil action under subparagraph (A), if the research involved allegedly was conducted by the United States, the defendant shall be the United States. The United States district courts have exclusive original jurisdiction of actions described in the preceding sentence, and such actions may be commenced in a judicial district only in accordance with applicable law on the venue of civil actions. ``(C) With respect to a civil action under subparagraph (A), if the research involved allegedly was conducted by a State, the defendant shall be the head of the State agency involved. Actions described in the preceding sentence may be commenced in any court of competent jurisdiction. For purposes of this subparagraph, a State is not immune under the Eleventh Amendment of the Constitution of the United States from a civil action under subparagraph (A) in Federal court. ``(D) With respect to a civil action under subparagraph (A), if the research involved allegedly was not conducted by the United States or by a State, the entity that allegedly did conduct the research shall be the defendant. Actions described in the preceding sentence may be commenced in any court of competent jurisdiction. ``(E) With respect to the death of an individual who is aggrieved for purposes of subparagraph (A), the cause of action survives the individual and the civil action under such subparagraph may be commenced only by a personal representative of the individual. ``(F) With respect to limitations on commencing a civil action under subparagraph (A)-- ``(i) the civil action may not be commenced after the expiration of the 5-year period beginning on the date on which the individual (or the personal representative, as the case may be) receives notice of the alleged facts with respect to which the individual is aggrieved; and ``(ii) notwithstanding clause (i), the civil action may not be commenced after the expiration of the 50-year period beginning on the date on which the individual dies. ``(5) Preemption.--This subsection supersedes any private cause of action under the laws of a State arising as a result of the use of an individual as a subject in federally qualified research without the consent of the individual. ``(6) Definitions.--For purposes of this subsection: ``(A) The term `federally qualified research' means-- ``(i) any research conducted or supported by the Federal Government; and ``(ii) any research regulated by the Federal Government, other than research which is only incidentally regulated. ``(B) The term `principal researcher', with respect to federally qualified research, means the individual with the principal responsibility for conducting the research.''. (b) Stylistic Conforming Amendments.--Section 491 of the Public Health Service Act (42 U.S.C. 289) is amended-- (1) in subsection (a), by striking ``(a) The Secretary'' and inserting ``(a) Institutional Review Boards.--The Secretary''; and (2) in subsection (b)-- (A) by striking ``(b)(1) The Secretary'' and inserting the following: ``(b) Ethics Guidance Program.-- ``(1) In general.--The Secretary''; and (B) in paragraph (2), by striking ``(2) The Secretary'' and inserting the following: ``(2) Response respecting violations.--The Secretary''. SEC. 3. EFFECT ON EXISTING REGULATIONS; EFFECTIVE DATE REGARDING CAUSES OF ACTION. (a) Effect on Existing Regulations.--With respect to the provisions of part 46 of title 45, Code of Federal Regulations (relating to the protection of human subjects), as in effect on the date of the enactment of this Act, the legal status of such provisions is affected by the amendment made by section 2(a) only to the extent that any such provision is inconsistent with the amendment. (b) Effective Date Regarding Causes of Action; Applicable Provisions.--The requirement established under section 491(c)(1) of the Public Health Service Act (as added by the amendment made by section 2(a) of this Act) is effective in the case of any violation of the requirement occurring on or after the date of the enactment of this Act, without regard to the date on which final regulations under such section take effect. For purposes of the preceding sentence, in the case of a cause of action accruing before such regulations take effect-- (1) a defendant is liable, subject to paragraphs (2) and (3), if the principal researcher involved (as defined under such amendment) failed to obtain informed consent in accordance with the provisions of part 46 of title 45, Code of Federal Regulations (relating to the protection of human subjects), as in effect on the date of the enactment of this Act; (2) it is a defense that the Secretary of Health and Human Services-- (A) determined that the research activity involved was within one of the categories of research described in section 46.101(b) of such part; (B) determined that the research activity otherwise was not covered by the policy; or (C) with respect to informed consent, waived the applicability of the requirements involved; and (3) it is not a defense (except as provided in paragraph (2)) that-- (A) for purposes of section 46.101(a) of such part, the Federal department or agency involved did not take action to make the policy applicable; (B) for purposes of section 46.101(c) of such part, the department or agency head determined that the research activity was not covered by the policy; or (C) for purposes of section 46.101(i) of such part, the department or agency head waived the applicability of some or all of the provisions of the policy.

Federal Research Informed Consent Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish the requirement that, in federally qualified research in which any human subject is to be used, the principal researcher obtain the informed consent of the subject. Allows the Secretary to exempt categories of research from such consent requirement. Requires congressional notification of such exemptions and a 60-day waiting period before the exemption is effective. Directs the Secretary to establish requirements for obtaining informed consent. Provides for civil actions by those from whom no such consent was obtained, allowing damages, equitable relief, and attorney's fees and costs. Preempts any State law concerning the obtaining of such consent.

Federal Research Informed Consent Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long-Term Care Insurance for the Elderly Act of 1993''. SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR THE PURCHASE OF LONG-TERM CARE INSURANCE COVERAGE BY INDIVIDUALS WHO HAVE ATTAINED AGE 59\1/2\. Subsection (d) of section 408 of the Internal Revenue Code of 1986 (relating to tax treatment of distributions from individual retirement accounts) is amended by adding at the end the following new paragraph: ``(8) Distributions to purchase long-term care insurance.-- ``(A) In general.--Paragraph (1) shall not apply to the applicable percentage of any amount paid or distributed out of an individual retirement account or individual retirement annuity to the individual for whose benefit the account or annuity is maintained if-- ``(i) the individual has attained age 59\1/ 2\ by the date of the payment or distribution, and ``(ii) the entire amount received (including money and any other property) is used within 90 days to purchase long-term care insurance for the benefit of the individual or the spouse of the individual (if the spouse has attained age 59\1/2\ by the date of the payment or distribution). ``(B) Applicable percentage.--For purposes of subparagraph (A), the term `applicable percentage' means in the case of a taxpayer whose adjusted gross income for the taxable year is-- ``(i) not greater than the minimum amount, 100 percent, ``(ii) greater than the minimum amount but not greater than the maximum amount, a percentage equal to-- ``(I) the difference between the maximum amount and such adjusted gross income, divided by ``(II) the difference between the maximum amount and the minimum amount, or ``(iii) greater than the maximum amount, zero percent. ``(C) Definitions.--For purposes of subparagraph (A)-- ``(i) Long-term care insurance.--The term `long-term care insurance' means an insurance policy which at a minimum, provides reimbursement for expenses incurred by, and services provided to, the beneficiary for catastrophic and long-term care at a nursing facility within the meaning of section 1919(a) of the Social Security Act (42 U.S.C. 1396r(a)) and at the home of the beneficiary in the case of services of a homemaker/home health aide, personal care services, and nursing care provided by a licensed professional nurse. ``(ii) Minimum amount.--The term `minimum amount' means, with respect to any taxable year, $45,000 increased by an amount which is equal to $45,000 multiplied by the cost-of- living adjustment (as defined in section 1(f)(3)) for the calendar year in which the taxable year begins. ``(iii) Maximum amount.--The term `maximum amount' means, with respect to any taxable year, $100,000 increased by an amount which is equal to $100,000 multiplied by the cost-of- living adjustment (as defined in section 1(f)(3)) for the calendar year in which the taxable year begins. ``(iv) Rounding.--If any amount determined under clause (ii) or (iii) is not a multiple of $10, the amount shall be rounded to the nearest multiple of $10 (or if the amount is a multiple of $5 and not a multiple of $10, the amount shall be increased to the next multiple of $10).'' SEC. 3. REPORT TO CONGRESS ON MINIMUM STANDARDS FOR LONG-TERM CARE INSURANCE POLICIES. (a) In General.--Within 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue a report to the Congress after consultation with representatives of the following: (1) Consumer groups. (2) Insurance companies. (3) Long-term care facilities. (4) Hospitals. (5) Home health care agencies. (6) State commissioners of insurance. (b) Contents of Report.--The report required in subsection (a)-- (1) shall propose a regulatory program which provides for the application of minimum standards and requirements with respect to long-term care insurance policies, and (2) should analyze and evaluate-- (A) the various catastrophic and long-term care insurance policies available to individuals, and (B) any other areas of examination determined to be appropriate by the Secretary of Health and Human Services. SEC. 4. EFFECTIVE DATE. The amendment made by section 2 shall apply to amounts paid or distributed after the 1st day of the 1st calendar year which begins after the date of the enactment of this Act.

Long-Term Care Insurance for the Elderly Act of 1993 - Amends the Internal Revenue Code to allow tax-free distributions from an individual retirement account or an individual retirement annuity for the purchase of long-term care insurance coverage when: (1) the entire amount received is used to buy such insurance for the individual or individual's spouse within 90 days of its receipt; and (2) the individual or individual's spouse has reached age 59 and one-half by the date of the distribution. Describes the method, based on the taxpayer's adjusted gross income for the taxable year, for determining the applicable percentage of the distribution or payment amount to which tax-free treatment will be accorded. Requires the Secretary of Health and Human Services to submit to the Congress, within one year after this Act's enactment, a proposal for the regulation of long-term care insurance policies, including minimum standards and an evaluation of the various catastrophic and long-term care policies currently available.

Long-Term Care Insurance for the Elderly Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Clean Water Trust Fund Act of 1993''. SEC. 2. NATIONAL CLEAN WATER TRUST FUND. Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) is amended by adding at the end the following: ``(h) National Clean Water Trust Fund.-- ``(1) Establishment.--There is established in the Treasury a National Clean Water Trust Fund (hereinafter in this subsection referred to as the `Fund') consisting of amounts transferred to the Fund under paragraph (2) and amounts credited to the Fund under paragraph (3). ``(2) Transfer of amounts.--For fiscal year 1994, and each fiscal year thereafter, the Secretary of the Treasury shall transfer to the Fund an amount determined by the Secretary to be equal to the total amount deposited in the general fund of the Treasury in the preceding fiscal year from fines, penalties, and other moneys obtained through enforcement actions conducted pursuant to this section and section 505(a)(1), including moneys obtained under consent decrees and excluding any amounts ordered to be used to carry out mitigation projects under this section or section 505(a), as the case may be. ``(3) Investment of amounts.--The Secretary of the Treasury shall invest in interest-bearing obligations of the United States such portion of the Fund as is not, in the Secretary's judgment, required to meet current withdrawals. Such obligations shall be acquired and sold and interest on, and the proceeds from the sale or redemption of, such obligations shall be credited to the Fund in accordance with the requirements of section 9602 of the Internal Revenue Code of 1986. ``(4) Use of amounts for remedial projects.--Amounts in the Fund shall be available, as provided in appropriations Acts, to the Administrator to carry out projects to restore and recover waters of the United States from damages resulting from violations of this Act which are subject to enforcement actions under this section and similar damages resulting from the discharge of pollutants into the waters of the United States. ``(5) Selection of projects.-- ``(A) Priority.--In selecting projects to carry out under this subsection, the Administrator shall give priority to a project to restore and recover waters of the United States from damages described in paragraph (4), if an enforcement action conducted pursuant to this section or section 505(a)(1) against such violation, or another violation in the same administrative region of the Environmental Protection Agency as such violation, resulted in amounts being deposited in the general fund of the Treasury. ``(B) Consultation with states.--In selecting projects to carry out under this section, the Administrator shall consult with States in which the Administrator is considering carrying out a project. ``(C) Allocation of amounts.--In determining an amount to allocate to carry out a project to restore and recover waters of the United States from damages described in paragraph (4), the Administrator shall, in the case of a priority project under subparagraph (A), take into account the total amount deposited in the general fund of the Treasury as a result of enforcement actions conducted with respect to such violation pursuant to this section or section 505(a)(1). ``(6) Implementation.--The Administrator may carry out a project under this subsection either directly or by making grants to, or entering into contracts with, the Secretary of the Army or any other public or private entity. ``(7) Report to congress.--Not later than 1 year after the date of the enactment of this subsection, and every 2 years thereafter, the Administrator shall transmit to Congress a report on implementation of this subsection.''. SEC. 3. USE OF CIVIL PENALTIES FOR MITIGATION PROJECTS. (a) In General.--Section 309(d) of the Federal Water Pollution Control Act (33 U.S.C. 1319(d)) is amended by inserting after the second sentence the following: ``The court may, in the court's discretion, order that a civil penalty be used for carrying out mitigation projects which are consistent with the purposes of this Act and which enhance the public health or environment.''. (b) Conforming Amendment.--Section 505(a) of such Act (33 U.S.C. 1365(a)) is amended by inserting before the period at the end of the last sentence the following: ``, including ordering the use of a civil penalty for carrying out mitigation projects in accordance with section 309(d)''.

National Clean Water Trust Fund Act of 1993 - Amends the Federal Water Pollution Control Act to establish a National Clean Water Trust Fund to be composed of monies obtained through enforcement actions. Makes the Fund available for projects to restore waters from damages resulting from violations of such Act and from the discharge of pollutants. Authorizes the use of civil penalties obtained under such Act for mitigation projects.

National Clean Water Trust Fund Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Accountability Act of 1993''. SEC. 2. CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE. (a) Findings.--The Congress finds and declares that-- (1) the overall cost of Federal regulation in the United States has risen to well over $400,000,000,000 per year; (2) this regulatory burden is paid by individual citizens and their families in the form of a ``hidden tax'' because intermediaries have no options that do not pass these expenditures to individuals; (3) the most recent data reveals that the ``hidden tax'' paid by the citizens of this Nation now exceeds $4,100 annually for each household; (4) left unchecked, this ``hidden tax'' will increase by 50 percent between now and the year 2000; and (5) it is in the best interests of the American people to have the Federal Government devise a systematic way to account for the new regulatory costs that taxpayers are forced to absorb and to have this financial burden better controlled. (b) Purpose.--It is the purpose of this Act to establish that each agency shall, as a mandatory requirement for the issuance of-- (1) any proposed regulation-- (A) thoroughly assess and document the anticipated benefits, reasonable alternative approaches, and all foreseeable compliance costs of each approach; and (B) assess, and include in all proposed regulatory actions, a range of possible offsets for the costs; and (2) any final regulation-- (A) have selected the most cost-effective alternative; and (B) for a period of 3 years following enactment, have fully offset all foreseeable costs through revocation or revision of one or more existing regulations. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``agency'' has the same meaning given such term in section 3502(1) of title 44, United States Code, excluding those agencies specified in section 3502(10) of title 44, United States Code; and (2) the term ``regulation'' or ``rule'' means any agency statement of general applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the procedure or practice requirements of an agency, but does not include-- (A) administrative actions governed by the provisions of sections 556 and 557 of title 5, United States Code; (B) regulations issued with respect to a military or foreign affairs function of the United States; or (C) regulations related to agency organization, management, or personnel. SEC. 4. MANDATORY REQUIREMENT FOR THE ISSUANCE OF NEW REGULATION. In taking any regulatory action, each agency shall strictly adhere to the following requirements: (1) Administrative regulatory decisions shall be based on substantial evidence on the public record documenting-- (A) the ability of an action to result in specific, reasonably anticipated benefits; (B) all alternative regulatory approaches, including performance-based approaches, that will result in the benefits documented under subparagraph (A); and (C) all foreseeable costs that can reasonably be expected to flow, directly or incidentally, from each approach documented under subparagraph (B). (2) No final regulatory actions may be taken unless the specific benefits resulting from a specific regulatory approach documented under paragraph (1) clearly outweigh the costs documented under paragraph (1). (3) Agencies shall-- (A) for all proposed new regulatory actions that will generate any cost, propose a range of position revisions to, or revocation of, one or more exciting regulations, that can reasonably be expected to fully offset the reasonably anticipated costs of such proposed regulatory action; and (B) fully offset the costs documented under paragraph (1) through revision to, or revocation of, existing Federal regulation. SEC. 5. EXEMPTION. The requirements of section 4(3) shall not apply in the case of regulatory actions for which the President includes in the Federal Register, accompanying the regulatory action, a statement of waiver that fully outlines the reasons and needs for waiving the requirements of section 4(3) because of emergency need for such specific regulatory action and includes a timetable for satisfying the requirements of section 4 at the earliest possible date thereafter. SEC. 6. INDEPENDENT EVALUATION. (a) In General.--Three years following the date of enactment of this Act, the President shall provide for independent evaluation of the regulatory process and the effect of regulations on the different areas of the economy, including-- (1) business startups and viability; (2) employment, including job creation, compensation, and employment of foreign nationals by United States firms; (3) international trade and competitiveness with foreign entities; (4) research and development; (5) impact on State and local governments; and (6) direct Federal spending for enforcement of regulations. (b) Study Focus.--The evaluation required by this section shall also include a study of-- (1) the effect of the regulatory cost cap imposed by this Act; (2) the methodologies used by regulatory agencies to estimate the cost of a rule or regulation; and (3) the use of alternative regulatory approaches described in section 4(1)(B). (c) OMB.--The Office of Management and Budget shall carry out the provisions of this section. (d) Funding.--Notwithstanding section 1346 of title 31, United States Code, the President is authorized to transfer up to $50,000 from the funds available to any agency for administrative purposes to the Office of Management and Budget for the purpose of carrying out this section. SEC. 7. EFFECTIVE DATE; SUNSET PROVISION. (a) Effective Date.--The provisions of this Act shall take effect upon the date of enactment of this Act, except that the effective date for regulations or rules promulgated pursuant to a law enacted after the date that is 2 years before the date of enactment of this Act and not later than the date of enactment of this Act shall be 6 months after the date of enactment of this Act. (b) Sunset.--The requirements of section 4(3) shall cease to have effect on the date that is 3 years following the date of enactment of this Act.

Regulatory Accountability Act of 1993 - Sets forth specific requirements Federal agencies must adhere to in taking any regulatory action. Provides an exemption from certain requirements for regulatory actions for which the President publishes in the Federal Register a statement of waiver that: (1) outlines the reasons for waiving such requirements because of emergency need for such specific regulatory action; and (2) includes a timetable for satisfying remaining requirements as early as possible. Requires the President to provide for independent evaluation of the regulatory process and the effect of regulations on different areas of the economy. Provides funding for such evaluation.

Regulatory Accountability Act of 1993

SECTION 1. PURCHASES FROM FEDERAL PRISON INDUSTRIES. (a) Revision of Preference.--Section 4124 of title 18, United States Code, is amended by striking subsections (a) and (b) and inserting the following: ``(a) A Federal agency that has a requirement for a specific product listed in the current edition of the catalog required by subsection (d) shall-- ``(1) provide a copy of the notice required by section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) to Federal Prison Industries at least 15 days before the issuance of a solicitation of offers for the procurement of such product; ``(2) use competitive procedures for the procurement of that product unless-- ``(A) the head of that agency justifies the use of procedures other than competitive procedures in accordance with section 2304(f) of title 10 or section 303(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)); or ``(B) the Attorney General makes the determination described in subsection (b)(1) within 15 days after receiving a notice of the requirement pursuant to paragraph (1); and ``(3) consider a timely offer from Federal Prison Industries for award in accordance with the specifications and evaluation factors specified in the solicitation. ``(b) A Federal agency that has a requirement for a product referred to in subsection (a) shall-- ``(1) enter into negotiations with Federal Prison Industries on a contract for the purchase of the product on a noncompetitive basis if the Attorney General personally determines, within the period described in subsection (a)(2)(B), that-- ``(A) it is not reasonable to expect that Federal Prison Industries would be selected for award of the contract on a competitive basis; and ``(B) it is necessary to award the contract to Federal Prison Industries in order-- ``(i) to maintain work opportunities that are essential to the safety and effective administration of the penal facility at which the contract would be performed; or ``(ii) to permit diversification into the manufacture of a new product that has been approved for sale by the Federal Prison Industries board of directors in accordance with this chapter; and ``(2) award the contract to Federal Prison Industries if the contracting officer determines that Federal Prison Industries can meet the requirements of the agency with respect to the product in a timely manner and at a fair and reasonable price.''. (b) Conforming Amendments.--Subsection (c) of such section is amended-- (1) by striking ``Federal department, agency, and institution'' in the first sentence and inserting ``Federal agency''; and (2) by striking ``department, agency, or institution'' in the second sentence and inserting ``Federal agency''. SEC. 2. LIMITATION ON NEW PRODUCTS AND EXPANSION OF PRODUCTION. Section 4122(b) of title 18, United States Code, is amended-- (1) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; (2) by inserting after paragraph (3) the following new paragraph (4): ``(4) Federal Prison Industries shall, to the maximum extent practicable, concentrate any effort to produce a new product or to expand significantly the production of an existing product on products that are otherwise produced with non-United States labor.''; and (3) in paragraph (6), as so redesignated, by striking out ``paragraph (4)(B)'' and inserting in lieu thereof ``paragraph (5)(B)''. SEC. 3. RESTRICTION ON INMATE ACCESS TO SENSITIVE INFORMATION. (a) In General.--Chapter 307 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 4130. Restriction on inmate access to sensitive information ``The board of directors of Federal Prison Industries may not approve a proposal for inmates to provide a service in which an inmate worker has access to any of the following information: ``(1) Personal or financial information about an individual (including any information that relates to the individual's real property, however described) unless the individual has been notified that the inmate is to have access to the information. ``(2) Any data that-- ``(A) is classified in the interest of national defense or foreign policy; or ``(B) will become classified in such interest after being merged with other data. ``(3) Geographic data regarding the location of-- ``(A) any surface or subsurface infrastructure for providing communications, water, or electrical power distribution; ``(B) any pipeline for the distribution of natural gas, bulk petroleum products, or other commodity; and ``(C) any other utility.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``4130. Restriction on inmate access to sensitive information.''. SEC. 4. PROHIBITIONS ON REQUIRING SUBCONTRACTING WITH FEDERAL PRISON INDUSTRIES. (a) In General.--Chapter 307 of title 18, United States Code, as amended by section 3, is further amended by adding at the end the following new section: ``Sec. 4131. Prohibition on requiring subcontracting with Federal Prison Industries ``(a) A contractor or potential contractor of the United States may not be required to use Federal Prison Industries as a subcontractor or supplier of products, or as a provider of services, under a contract of the United States by any means, including such means as-- ``(1) a contract solicitation of offers for a contract that requires offers to contain a commitment to use Federal Prison Industries, its products, or its services in the performance of the contract; ``(2) a contract specification that requires the contractor to use a specific product or service (or class of products or services) offered by Federal Prison Industries in the performance of the contract; and ``(3) any contract modification that imposes a requirement to use Federal Prison Industries, its products, or its services in the performance of the contract. ``(b) In this section, the term `contractor' includes a subcontractor of a contractor at any tier under a contract.''. (b) Clerical Amendment.--The table of sections of the beginning of such chapter, as amended by section 3, is further amended by adding at the end the following new item: ``4131. Prohibition on requiring subcontracting with Federal Prison Industries.''. SEC. 5. UNLAWFUL TRANSPORTATION OR IMPORTATION OF PRODUCTS, SERVICES, OR MINERALS RESULTING FROM CONVICT LABOR. Section 1761 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting after ``any goods, wares, or merchandise manufactured, produced, or mined, wholly or in part by convicts or prisoners,'' the following: ``or sells in interstate commerce any services furnished wholly or in part by convicts or prisoners,''; and (2) in subsection (c), by inserting ``, or services furnished,'' after ``or mined'' in the matter preceding paragraph (1). SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect 180 days after the date of the enactment of this Act.

Amends the Federal criminal code to revise the requirements for procurement of products of Federal Prison Industries (FPI).Directs a Federal agency that has a requirement for a specific product listed in the current edition of the FPI catalog to: (1) provide a copy of the required notice to FPI at least 15 days before the issuance of a solicitation of offers for procurement of such product; (2) use competitive procedures (with exceptions); and (3) consider a timely offer from FPI for award in accordance with the specifications and evaluation factors specified in the solicitation.Requires the agency to: (1) enter into negotiations with FPI on a contract for the purchase of the product on a non-competitive basis if the Attorney General determines it is unreasonable to expect that FPI would be selected on a competitive basis and it is necessary to award the contract to FPI to maintain essential work opportunities or to permit diversification under specified circumstances; and (2) award the contract to FPI if the contracting officer determines that FPI can meet the agency's requirements in a timely manner, at a fair and reasonable price.Directs FPI to concentrate any effort to produce a new product, or to expand significantly the production of an existing product, on products that are otherwise produced with non-U.S. labor.Prohibits: (1) the board of FPI from approving a proposal for inmates to provide a service in which an inmate worker has access to specified sensitive information; and (2) requiring subcontracting with FPI..

A bill to amend title 18, United States Code, to revise the requirements for procurement of products of Federal Prison Industries to meet needs of Federal agencies, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``STELA Reauthorization Act of 2014''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. No additional appropriations authorized. TITLE I--COMMUNICATIONS PROVISIONS Sec. 101. Extension of authority. Sec. 102. Retransmission consent negotiations. Sec. 103. Delayed application of JSA attribution rule in case of waiver petition. Sec. 104. Deletion or repositioning of stations during certain periods. Sec. 105. Repeal of integration ban. Sec. 106. Report on communications implications of statutory licensing modifications. Sec. 107. Local network channel broadcast reports. Sec. 108. Report on designated market areas. Sec. 109. Definitions. TITLE II--COPYRIGHT PROVISIONS Sec. 201. Reauthorization. Sec. 202. Termination of license. SEC. 2. NO ADDITIONAL APPROPRIATIONS AUTHORIZED. No additional funds are authorized to carry out this Act, or the amendments made by this Act. This Act, and the amendments made by this Act, shall be carried out using amounts otherwise authorized or appropriated. TITLE I--COMMUNICATIONS PROVISIONS SEC. 101. EXTENSION OF AUTHORITY. Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended-- (1) in paragraph (2)(C), by striking ``December 31, 2014'' and inserting ``December 31, 2019''; and (2) in paragraph (3)(C), by striking ``January 1, 2015'' each place it appears and inserting ``January 1, 2020''. SEC. 102. RETRANSMISSION CONSENT NEGOTIATIONS. (a) In General.--Section 325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) in clause (iii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iv) prohibit a television broadcast station from coordinating negotiations or negotiating on a joint basis with another television broadcast station in the same local market (as defined in section 122(j) of title 17, United States Code) to grant retransmission consent under this section to a multichannel video programming distributor, unless such stations are directly or indirectly under common de jure control permitted under the regulations of the Commission.''. (b) Margin Correction.--Section 325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) is further amended by moving the margin of clause (iii) 4 ems to the left. (c) Deadline for Regulations.--Not later than 9 months after the date of the enactment of this Act, the Commission shall promulgate regulations to implement the amendments made by this section. SEC. 103. DELAYED APPLICATION OF JSA ATTRIBUTION RULE IN CASE OF WAIVER PETITION. In the case of a party to a joint sales agreement (as defined in Note 2(k) to section 73.3555 of title 47, Code of Federal Regulations) that is in effect on the effective date of the amendment to Note 2(k)(2) to such section made by the Further Notice of Proposed Rulemaking and Report and Order adopted by the Commission on March 31, 2014 (FCC 14-28), and who, not later than 90 days after the date of the enactment of this Act, submits to the Commission a petition for a waiver of the application to such agreement of the rule in such Note 2(k)(2) (as so amended), such party shall not be considered to be in violation of the ownership limitations of such section by reason of the application of such rule to such agreement until the later of-- (1) the date that is 18 months after the date on which the Commission denies such petition; or (2) December 31, 2016. SEC. 104. DELETION OR REPOSITIONING OF STATIONS DURING CERTAIN PERIODS. (a) In General.--Section 614(b)(9) of the Communications Act of 1934 (47 U.S.C. 534(b)(9)) is amended by striking the second sentence. (b) Revision of Rules.--Not later than 90 days after the date of the enactment of this Act, the Commission shall revise section 76.1601 of its rules (47 CFR 76.1601) and any note to such section by removing the prohibition against deletion or repositioning of a local commercial television station during a period in which major television ratings services measure the size of audiences of local television stations. SEC. 105. REPEAL OF INTEGRATION BAN. (a) No Force or Effect.--The second sentence of section 76.1204(a)(1) of title 47, Code of Federal Regulations, shall have no force or effect after the date of the enactment of this Act. (b) Removal From Rules.--Not later than 180 days after the date of the enactment of this Act, the Commission shall complete all actions necessary to remove the sentence described in subsection (a) from its rules. SEC. 106. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATUTORY LICENSING MODIFICATIONS. (a) Study.--The Comptroller General of the United States shall conduct a study that analyzes and evaluates the changes to the carriage requirements currently imposed on multichannel video programming distributors under the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the regulations promulgated by the Commission that would be required or beneficial to consumers, and such other matters as the Comptroller General considers appropriate, if Congress implemented a phase-out of the current statutory licensing requirements set forth under sections 111, 119, and 122 of title 17, United States Code. Among other things, the study shall consider the impact such a phase-out and related changes to carriage requirements would have on consumer prices and access to programming. (b) Report.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a), including any recommendations for legislative or administrative actions. Such report shall also include a discussion of any differences between such results and the results of the study conducted under section 303 of the Satellite Television Extension and Localism Act of 2010 (124 Stat. 1255). SEC. 107. LOCAL NETWORK CHANNEL BROADCAST REPORTS. (a) Requirement.-- (1) In general.--On the 270th day after the date of the enactment of this Act, and on each succeeding anniversary of such 270th day, each satellite carrier shall submit an annual report to the Commission setting forth-- (A) each local market in which it-- (i) retransmits signals of 1 or more television broadcast stations with a community of license in that market; (ii) has commenced providing such signals in the preceding 1-year period; and (iii) has ceased to provide such signals in the preceding 1-year period; and (B) detailed information regarding the use and potential use of satellite capacity for the retransmission of local signals in each local market. (2) Termination.--The requirement under paragraph (1) shall cease after each satellite carrier has submitted 5 reports under such paragraph. (b) Definitions.--In this section-- (1) the terms ``local market'' and ``satellite carrier'' have the meaning given such terms in section 339(d) of the Communications Act of 1934 (47 U.S.C. 339(d)); and (2) the term ``television broadcast station'' has the meaning given such term in section 325(b)(7) of the Communications Act of 1934 (47 U.S.C. 325(b)(7)). SEC. 108. REPORT ON DESIGNATED MARKET AREAS. Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to the appropriate congressional committees a report containing an analysis of-- (1) the extent to which consumers in each local market (as defined in section 122(j) of title 17, United States Code) have access to broadcast programming from television broadcast stations (as defined in section 325(b)(7) of the Communications Act of 1934 (47 U.S.C. 325(b)(7))) located outside their local market, including through carriage by cable operators and satellite carriers of signals that are significantly viewed (within the meaning of section 340 of such Act (47 U.S.C. 340)); and (2) whether there are technologically and economically feasible alternatives to the use of designated market areas (as defined in section 122(j) of title 17, United States Code) to define markets that would provide consumers with more programming options and the potential impact such alternatives could have on localism and on broadcast television locally, regionally, and nationally. SEC. 109. DEFINITIONS. In this title: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on the Judiciary of the Senate. (2) Commission.--The term ``Commission'' means the Federal Communications Commission. TITLE II--COPYRIGHT PROVISIONS SEC. 201. REAUTHORIZATION. Chapter 1 of title 17, United States Code, is amended-- (1) in section 111(d)(3)-- (A) in the matter preceding subparagraph (A), by striking ``clause'' and inserting ``paragraph''; and (B) in subparagraph (B), by striking ``clause'' and inserting ``paragraph''; and (2) in section 119-- (A) in subsection (c)(1)(E), by striking ``2014'' and inserting ``2019''; and (B) in subsection (e), by striking ``2014'' and inserting ``2019''. SEC. 202. TERMINATION OF LICENSE. (a) In General.--Section 119 of title 17, United States Code, as amended in section 201, is amended by adding at the end the following: ``(h) Termination of License.--This section shall cease to be effective on December 31, 2019.''. (b) Conforming Amendment.--Section 107(a) of the Satellite Television Extension and Localism Act of 2010 (17 U.S.C. 119 note) is repealed. Passed the House of Representatives July 22, 2014. Attest: KAREN L. HAAS, Clerk.

STELA Reauthorization Act of 2014 - Title I: Communications Provisions - (Sec. 101) Amends the Communications Act of 1934, as amended by the Satellite Television Extension and Localism Act of 2010 (STELA), to extend until December 31, 2019, the exemption from retransmission consent requirements (which prohibit cable systems or other multichannel video programming distributors [MVPDs] from retransmitting broadcasting station signals without the authority of the originating station) for satellite retransmissions of network station signals to subscribers located outside of a station's local market who reside in unserved households (commonly referred to as "distant signals"). Extends until January 1, 2020: (1) the prohibition on exclusive retransmission consent contracts, and (2) the requirement that television broadcast stations and MVPDs negotiate in good faith. (Sec. 102) Directs the Federal Communications Commission (FCC) to prohibit television broadcast stations from coordinating their negotiations or negotiating jointly in the same local market to grant retransmission consent to an MVPD, unless such stations are directly or indirectly under common de jure control permitted under FCC regulations. (Sec. 103) Establishes a process to delay application of the FCC's amendments to joint sales agreement (JSA) rules under which a television station that sells more than 15% of the weekly advertising time of another station in the same market is attributed an ownership interest subject to ownership limitation rules. Prohibits a JSA party that submits a petition to the FCC for a waiver of such attribution rules from being considered in violation of ownership limits until the later of: (1) 18 months after the FCC denies such petition, or (2) December 31, 2016. (Currently, the FCC requires compliance with ownership limits within two years of the FCC's order adopting such amended attribution rules.) (Sec. 104) Removes a prohibition against deletion or reposition of a local commercial television station during periods in which major television ratings services measure the size of local television station audiences (commonly referred to as "sweeps" weeks). (Sec. 105) Repeals an integration ban that prohibits certain MVPDs from placing in service new navigation devices (set-top boxes) for sale, lease, or use that perform both conditional access (mechanisms that provide for selective access and denial of specific services and can prevent a signal from being received by unauthorized users) and other functions in a single integrated device. (Sec. 106) Requires a Comptroller General (GAO) report concerning changes to carriage requirements currently imposed on MVPDs that would be required, or beneficial to consumers, if Congress implemented a phase-out of statutory compulsory licensing procedures (a licensing and royalty distribution system administered by the U.S. Copyright Office under which cable and satellite operators may retransmit programming, without negotiating with every copyright holder, by paying licensing royalties at statutorily-defined rates determined by Copyright Royalty Judges or by using a royalty-free license for the retransmission of local broadcasts) under federal copyright law. (Sec. 107) Directs satellite carriers to submit annual reports to the FCC regarding: (1) the local markets in which television broadcast station signals are retransmitted with a community of license, and (2) the use and potential use of satellite capacity for the retransmission of local signals in each local market. Terminates such reporting requirements after each satellite carrier has submitted five reports. (Sec. 108) Requires the FCC to report to Congress regarding: (1) the extent to which consumers in each local market have access to broadcast programming from television broadcast stations located outside their local market, including through carriage by cable operators and satellite carriers of signals that are significantly viewed; and (2) whether there are technologically and economically feasible alternatives to the use of designated market areas to define markets that would provide consumers with more programming options and the potential impact such alternatives could have on localism and on broadcast television locally, regionally, and nationally. Title II: Copyright Provisions - Amends federal copyright law to extend until December 31, 2019, the statutory license under which satellite carriers retransmit distant television broadcast stations to viewers who are unable to receive signals for such stations in their local market. (Currently, the statutory licensing authority for such satellite retransmissions is scheduled to expire on December 31, 2014.)

STELA Reauthorization Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding America's Retirement Act of 2002''. SEC. 2. NEW PROTECTIONS UNDER ERISA FIDUCIARY RULES FOR PARTICIPANTS AND BENEFICIARIES UNDER 401(K) PLANS. Section 404(a)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(2)) is amended-- (1) by striking ``In the case'' and inserting ``(A) Subject to subparagraph (B), in the case''; and (2) by adding at the end the following new subparagraph: ``(B)(i) In the case of any individual account plan which includes a qualified cash or deferred arrangement (as defined in section 401(k) of the Internal Revenue Code of 1986)-- ``(I) the requirements of clauses (ii), (iii), (iv), and (v) shall be met in connection with such plan, and ``(II) subparagraph (A) shall apply in connection with the plan for any plan year only if the plan, as in effect for such plan year, provides for compliance with such requirements. ``(ii) The requirements of this clause are met in connection with a plan described in clause (i) only if, under the plan, assets attributable to employee contributions are invested in employer securities only to the extent elected by the employee. ``(iii) The requirements of this clause are met in connection with a plan described in clause (i) only if, under the plan-- ``(I) in the case of a participant who has not completed 3 years of participation (as defined in section 204(b)(4)) under the plan, not more than 20 percent of the participant's accrued benefit derived from employee contributions may be invested in employer securities, and ``(II) in the case of a participant who has completed 3 years of participation (as so defined) under the plan, not more than 20 percent of the participant's entire nonforfeitable accrued benefit may be invested in employer securities ``(iv) The requirements of this clause are met in connection with a plan described in clause (i) only if, under the plan, a participant or beneficiary whose nonforfeitable accrued benefit attributable to employee contributions is invested in whole or in part in employer securities is periodically given a reasonable opportunity (on at least a quarterly basis) to invest such accrued benefit in investment vehicles, other than employer securities, selected so as to permit diversification as described in paragraph (1)(C) with respect to such accrued benefit. ``(v)(I) The requirements of this clause are met in connection with a plan described in clause (i) only if, under the plan, no lockdown may be imposed by the plan sponsor, administrator, or any other fiduciary in connection with the nonforfeitable accrued benefit of a participant or beneficiary. ``(II) For purposes of this clause, the term `lockdown' means any temporary lockdown, blackout, or freeze with respect to, suspension of, or similar limitation on any opportunity otherwise generally available to a participant or beneficiary under the plan to transfer some or all of the nonforfeitable accrued benefit of the participant or beneficiary from investment in the form of employer securities to another investment vehicle otherwise available under the plan. Such term does not include any reasonable restriction on the frequency of transfers between investment vehicles established in accordance with clause (iv).''. SEC. 3. ENFORCEMENT OF NEW FIDUCIARY RULES. (a) Criminal Penalties.--Section 501 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131) is amended-- (1) by inserting ``(a)'' before ``Any person''; and (2) by adding at the end the following new subsection: ``(b) Any person who, acting in the capacity of plan sponsor, plan administrator, or other fiduciary of a pension plan, willfully causes, in connection with the plan, a violation of the requirements of clause (ii), (iii), (iv), or (v) of section 402(a)(2)(B), of any regulation or order issued under such clause, or of terms of the plan required under any such clause, regulation, or order shall upon conviction be fined not more than $5,000 or imprisoned not more than one year, or both; except that, in the case of such violation caused by a person not an individual, the fine imposed upon such person shall be a fine not exceeding $100,000.''. (b) Civil Penalties.-- (1) In general.--Section 502(c) of such Act (29 U.S.C. 1132(c)) is amended-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: ``(7) The Secretary may assess against any person a civil penalty of not more than $1,000 a day for each instance of a violation of the requirements of clause (ii), (iii), (iv), or (v) of section 402(a)(2)(B), of any regulation or order issued under such clause, or of terms of the plan required under any such clause, regulation, or order caused by such person in connection with the plan acting in the capacity of plan sponsor, plan administrator, or other fiduciary of the plan until such violation is corrected. For purposes of this paragraph, each instance of such violation in connection with any participant or beneficiary shall be treated as a separate instance of such violation.''. (2) Conforming amendment.--Section 502(a)(6) of such Act (29 U.S.C. 1132(a)(6)) is amended by striking ``(5), or (6)'' and inserting ``(5), (6), or (7)''. SEC. 4. NONFORFEITABILITY AFTER 3 YEARS OF PARTICIPATION. (a) Amendments to the Employee Retirement Income Security Act of 1974.--Section 203(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1053(a)) is amended-- (1) in the matter preceding paragraph (1), by inserting before the period the following: ``, and, as applicable, paragraph (5) of this subsection''; and (2) by adding at the end the following new paragraph: ``(5) An individual account plan which includes a cash or deferred arrangement (as defined in section 401(k)(2) of the Internal Revenue Code of 1986) satisfies the requirements of this paragraph if, under the plan, a participant who has completed 3 years of participation (as defined in section 204(b)(4)) has a nonforfeitable right to 100 percent of the participant's accrued benefit to the extent it consists of elective deferrals (as defined in section 402(g)(3)(A) of such Code) made pursuant to such arrangement.''. (b) Amendments to the Internal Revenue Code of 1986.--Subsection (a) of section 411 of the Internal Revenue Code of 1986 (relating to minimum vesting standards) is amended-- (1) in the matter preceding paragraph (1), by inserting ``, the requirements of paragraph (12) of this subsection (as applicable),'' after ``paragraphs (1), (2), and (11) of this subsection''; and (2) by adding at the end the following new paragraph: ``(12) Elective deferrals under cash or deferred arrangements.--A defined contribution plan which includes a cash or deferred arrangement (as defined in section 401(k)(2)) satisfies the requirements of this paragraph if, under the plan, a participant who has completed 3 years of participation (as defined in subsection (b)(4)) has a nonforfeitable right to 100 percent of the participant's accrued benefit to the extent it consists of elective deferrals (as defined in section 402(g)(3)(A)) made pursuant to such arrangement.''. SEC. 5. EFFECTIVE DATE AND RELATED RULES. (a) In General.--Subject to subsection (b), the amendments made by this Act shall apply with respect to plan years beginning on or after January 1, 2003. (b) Special Rule for Collectively Bargained Plans.--In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified on or before the date of the enactment of this Act, subsection (a) shall be applied to benefits pursuant to, and individuals covered by, any such agreement by substituting for ``January 1, 2003'' the date of the commencement of the first plan year beginning on or after the earlier of-- (1) the later of-- (A) January 1, 2004, or (B) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after the date of the enactment of this Act), or (2) January 1, 2005. (c) Plan Amendments.--If the amendments made by this Act require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after January 1, 2005, if-- (1) during the period after such amendments made by this Act take effect and before such first plan year, the plan is operated in accordance with the requirements of such amendments made by this Act, and (2) such plan amendment applies retroactively to the period after such amendments made by this Act take effect and before such first plan year.

Safeguarding America's Retirement Act of 2002 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit individual account plans which include cash or deferred arrangements, under the Internal Revenue Code (IRC) section 401(k), from using employee contributions to acquire or hold more than ten percent of their value in employer securities.Requires such plans to give a participant or beneficiary whose nonforfeitable accrued benefit attributable to employee contributions is invested in whole or in part in employer securities a reasonable opportunity periodically (at least quarterly) to invest such accrued benefit in investment vehicles, other than employer securities, selected to permit diversification.Prohibits plan sponsors, administrators, or other fiduciaries from imposing any lockdown in connection with the nonforfeitable accrued benefit of a participant or beneficiary.Amends ERISA and IRC to provide for vesting (a nonforfeitable right to all of the participant's accrued benefits) of elective deferrals under such plans for participants who have completed three years of plan participation.

To amend title I of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to provide new protections under applicable fiduciary rules for participants and beneficiaries under 401(k) plans and to provide for 3-year vesting of elective deferrals under such plans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant Immunization Improvement Act of 2008''. SEC. 2. DEMONSTRATION PROJECT FOR VACCINATION CO-LOCATION SERVICES AT WIC CLINICS. Section 317(k) of the Public Health Service Act (42 U.S.C. 247b(k)) is amended by adding at the end the following: ``(5) Immunizations.-- ``(A) In general.--An immunization grantee under this section may use amounts made available under this section to provide, through participating WIC clinics-- ``(i) recommended vaccines to children aged 0 to 35 months who satisfy the eligibility requirements; ``(ii) for the coordination of care or immunization services; or ``(iii) payment for the salary of an immunization coordinator. ``(B) Immunization information systems.--Any grantee that receives funding under this section for an immunization information system shall permit all clinics that participate in the projects under this section and in the Special Supplemental Food and Nutrition Program under section 17 of the Child Nutrition Act of 1966 to have access to the system. ``(C) Appropriate immunization services.--In carrying out activities under this section related to screening for appropriate immunization services, the Director of the Centers for Disease Control and Prevention and State administrators of the program referred to in subparagraph (A) shall consult with the Food and Nutrition Service of the Department of Agriculture. ``(D) Requirement.--Activities under this paragraph shall target areas with the greatest immunization needs in the 0 to 35 month age group. ``(E) Definitions.--In this paragraph: ``(i) Immunization information system.--The term `immunization information system' means a confidential, computerized information system that collects and consolidates vaccination data from multiple health-care providers, generates reminder and recall notifications, and assess vaccination coverage. Such systems may have added capabilities, such as vaccine management, adverse event reporting, lifespan vaccination histories, and interoperability with electronic medical records. ``(ii) Immunization coordinator.--The term `immunization coordinator' means an individual who coordinates immunization activities, including the screening of immunization records, reminders of necessary immunizations and referrals of patients, if necessary, to an immunization provider. ``(F) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph, $5,500,000 for each of the 3-fiscal years beginning with the first fiscal year after the date of enactment of the Infant Immunization Improvement Act of 2008.''. SEC. 3. ANNUAL PUBLIC IMMUNIZATION AWARENESS CAMPAIGN. Section 317 of the Public Health Service Act (42 U.S.C. 247b) is amended by adding at the end the following: ``(l) Annual Public Immunization Awareness Campaign.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall annually conduct a public, age appropriate, immunization awareness campaign, and carry out immunization education and outreach activities, to-- ``(A) increase the awareness of parents of the benefits of age appropriate immunizations; ``(B) inform the general public concerning the efficacy of new vaccines and new vaccine schedules; and ``(C) disseminate information that emphasizes the benefits of recommended vaccines for the public good. ``(2) Timing.--Activities carried out under paragraph (1) shall be timed to coincide, to the extent practicable, with national health observances. ``(3) Requirement.--Activities under this subsection shall target areas with the greatest immunization needs in the 0 to 35 month age group. ``(4) Funding.--In addition to amounts appropriated under this section for immunization purposes, there is authorized to be appropriated, $5,000,000 for each of the 3-fiscal years beginning with the first fiscal year after the date of enactment of the Infant Immunization Improvement Act of 2008.''. SEC. 4. SENSE OF THE SENATE CONCERNING ELECTRONIC MEDICAL RECORDS. It is the sense of the Senate that the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention should work to improve the integration of immunization information systems (as defined in section 317(k)(5) of the Public Health Service Act) with electronic medical records, other health information systems, and health information exchanges.

Infant Immunization Improvement Act of 2008 - Amends the Public Health Service Act to authorize an immunization grantee to use funds from a preventive health services grant to provide, through participating Women, Infants and Children Program clinics: (1) recommended vaccines to eligible children aged 0 to 35 months; (2) for the coordination of care or immunization services; or (3) payment for the salary of an immunization coordinator. Requires: (1) the Director of the Centers for Disease Control and Prevention (CDC) and state administrators of such immunization program to consult with the Food and Nutrition Service in carrying out activities related to screening for appropriate immunization services; and (2) any recipient of such a grant that receives funding for an immunization information system to permit all clinics that participate in preventive health services projects and in the Special Supplemental Food and Nutrition Program to have access to the system. Requires the Secretary of Health and Human Services, acting through the Director, to annually conduct an immunization awareness campaign and carry out immunization education and outreach activities to: (1) increase the awareness of parents of the benefits of age appropriate immunizations; (2) inform the general public concerning the efficacy of new vaccines and new vaccine schedules; and (3) disseminate information that emphasizes the benefits of recommended vaccines for the public good. Requires activities under this Act to target areas with the greatest immunization needs in the 0 to 35 month age group. Calls for the Secretary and the Director to work to improve the integration of immunization information systems with electronic medical records, other health information systems, and health information exchanges.

A bill to improve vaccination rates among children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Inverters Earnings Stripping Reform Act of 2014''. SEC. 2. ADDITIONAL RULES RELATED TO INVERTED CORPORATIONS. (a) In General.--Section 7874 of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Special Rules Applicable to Earnings Stripping and Related Party Transactions.-- ``(1) Modifications of limitation on interest deduction.-- ``(A) In general.--In the case of any additional limitation year of a corporation which is an applicable entity, section 163(j) shall be applied with the modifications described in subparagraph (B). ``(B) Modifications for additional limitation years.--For purposes of subparagraph (A), the modifications described in this subparagraph are as follows: ``(i) No carryover.--No carryforward to any other taxable year shall be allowed under section 163(j)(1)(B) for interest paid or accrued during any additional limitation year with respect to which a deduction was disallowed to the corporation under section 163(j). ``(ii) Rules for determining whether interest limitation rules apply.--In applying section 163(j)(2) to determine whether section 163(j) applies to the corporation for any additional limitation year-- ``(I) subparagraph (A)(ii) shall be disregarded, and ``(II) subparagraph (B)(i)(II) shall be applied by substituting `25 percent of the adjusted taxable income of the corporation' for `the sum of 50 percent of the adjusted taxable income of the corporation plus any excess limitation carryforward under clause (ii)' for purposes of determining the corporation's excess interest expense for the year. ``(C) Additional limitation year.--For purposes of this paragraph, the term `additional limitation year' means, with respect to any corporation which is an applicable entity, any taxable year beginning on or after the first day of the later of the corporation's-- ``(i) first taxable year beginning on or after the date of enactment of this subparagraph, or ``(ii) first taxable year for which the corporation is an applicable entity. ``(2) Annual application for agreements on return positions.-- ``(A) In general.--Each applicable entity shall file with the Secretary an application for an approval agreement under subparagraph (C) for each approval year. Such application shall be filed at such time and manner, and shall contain such information, as the Secretary may prescribe. ``(B) Failures to comply.--If an applicable entity fails to file an application under subparagraph (A), or the approval agreement does not contain the necessary provisions described in subparagraph (C), for any taxable year, then for such taxable year-- ``(i) there shall not be allowed any deduction, or addition to basis or cost of goods sold, for amounts paid or incurred, or losses incurred, by reason of a transaction between the entity and a foreign related person, ``(ii) any transfer or license of intangible property (as defined in section 936(h)(3)(B)) between the entity and a foreign related person shall be disregarded, and ``(iii) any cost-sharing arrangement between the entity and a foreign related person shall be disregarded. ``(C) Approval agreement.--For purposes of subparagraph (A), the term `approval agreement' means a prefiling, advance pricing, or other agreement specified by the Secretary which contains such provisions as the Secretary determines necessary to ensure that the requirements of sections 163(j), 267(a)(3), 367, 482, and 845, and any other provision of this title applicable to transactions between related persons and specified by the Secretary, are met. ``(D) Approval year.--For purposes of this paragraph, the term `approval year' means, with respect to any applicable entity, any taxable year beginning on or after the date of enactment of this subparagraph if such taxable year is within the 10-taxable-year period beginning with the first taxable year for which the entity is an applicable entity. ``(3) Applicable entity.--For purposes of this subsection-- ``(A) In general.--The term `applicable entity' means any corporation which is a member of an expanded affiliated group which includes an entity which-- ``(i) is a surrogate foreign corporation, determined by applying subsection (a)(2)(B)-- ``(I) by substituting `more than 50 percent' for `at least 60 percent' in clause (ii) thereof, ``(II) by substituting `before, on, or after' for `after' in clause (i) thereof, and ``(III) by disregarding the matter following clause (iii) thereof, and ``(ii) is not treated as a domestic corporation by reason of subsection (b). ``(B) Special rule for inclusion of noncorporate entities.--For purposes of subparagraph (A), a partnership or other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity controls (as determined under section 954(d)(3)), or is controlled by (as so determined), members of such group (including any entity treated as a member of such group by reason of this sentence).''. (b) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after the date of enactment of this Act.

Corporate Inverters Earnings Stripping Reform Act of 2014 - Amends the Internal Revenue Code to impose limitations on the tax deduction for interest paid by corporations which are designated as applicable entities (i.e., members of an expanded affiliated group which includes a surrogate foreign corporation which is not treated as a domestic corporation). Prohibits such an entity from claiming a tax deduction for interest that exceeds 25% of its adjusted taxable income and from carrying forward interest which is paid or accrued during the first year in which such entity becomes an applicable entity. Requires an applicable entity to file an annual application for an approval agreement (i.e., a prefiling, advance pricing, or other agreement involving a related-party transaction) with the Internal Revenue Service (IRS) during the 10-year period after it becomes an applicable entity.

Corporate Inverters Earnings Stripping Reform Act of 2014

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

National Child Protection and Volunteers for Children Improvement Act of 2002 - Amends the National Child Protection Act of 1993 to define "qualified State program" to include policies and procedures that require: (1) requests for national criminal history background checks to be routinely returned to a qualified entity within 20 business days; (2) authorized agencies to charge not more than $18 for State background checks; (3) the designation of the authorized agencies that may receive background check requests from qualified entities; and (4) the designation of such qualified entities.Authorizes States to have procedures for background checks for persons under pending arrest or indictment for a crime that renders the provider unfit to provide care to children, the elderly, or individuals with disabilities (current law limits checks to persons convicted of a crime). Requires the Attorney General to respond to the inquiry of the State authorized agency within 15 business days.Authorizes the Attorney General and authorized State agencies to disseminate criminal history background check record information to a qualified entity. Sets fees collected by the Federal Bureau of Investigation for background checks.Directs the Attorney General to establish: (1) an Office for Volunteer and Provider Screening; and (2) a model program in each State and the District of Columbia to improve fingerprinting technology.Prohibits adjusting, deleting, or altering information derived from a national criminal fingerprint background check request except as required by law for national security purposes.

To amend the National Child Protection Act of 1993, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Bilateral Accountability Act of 1998''. SEC. 2. CIVIL AVIATION AGREEMENTS. Section 40105 of title 49, United States Code, is amended by adding at the end the following: ``(e) Congressional Approval.-- ``(1) In general.--A civil aviation agreement that is entered into under this section after the date of the enactment of this subsection shall enter into force with respect to the United States only if-- ``(A) the Secretary involved transmits to Congress a document containing a copy of the final text of the agreement, together with an explanation of the agreement; and ``(B) the approval resolution introduced under this subsection with respect to the agreement is enacted into law. ``(2) Rules of house of representatives and senate.--This subsection is enacted by Congress-- ``(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such these provisions are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of approval resolutions described in paragraph (3); and they supersede other rules only to the extent that they are inconsistent therewith; and ``(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. ``(3) Approval resolution defined.--The term `approval resolution' means only a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: `That Congress approves the civil aviation agreement between the United States and ________________ transmitted by ________________ to the Congress on ________________.', the first blank space being filled with the name of the country involved, the second blank space being filled with the title of the Secretary involved, and the third blank space being filled with the appropriate date. ``(4) Introduction and referral.--On the day on which a civil aviation agreement is transmitted to the House of Representatives and the Senate under this subsection, an approval resolution with respect to such agreement shall be introduced (by request) in the House by the majority leader of the House, for himself and the minority leader of the House, or by Members of the House designated by the majority leader and minority leader of the House; and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. If either House is not in session on the day on which such an agreement is transmitted, the approval resolution with respect to such agreement shall be introduced in that House, as provided in the proceeding sentence, on the first day thereafter on which that House is in session. The approval resolution introduced in the House of Representatives shall be referred to the Committee on Transportation and Infrastructure and the approval resolution introduced in the Senate shall be referred to the Committee on Commerce, Science, and Transportation. ``(5) Amendments prohibited.--No amendment to an approval resolution shall be in order in either the House of Representatives or the Senate; and no motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this paragraph by unanimous consent. ``(6) Period for committee and floor consideration.-- ``(A) In general.--Except as provided in subparagraph (B), if the committee of either House to which an approval resolution has been referred has not reported it at the close of the 60th day after its introduction, such committee shall be automatically discharged from further consideration of the resolution and it shall be placed on the appropriate calendar. A vote on final passage of the resolution shall be taken in each House on or before the close of the 30th day after the resolution is reported by the committee of that House to which it was referred, or after such committee have been discharged from further consideration of the resolution. If prior to the passage by one House of an approval resolution of that House, that House receives the same approval resolution from the other House, then-- ``(i) the procedure in that House shall be the same as if no approval resolution had been received from the other House; but ``(ii) the vote on final passage shall be on the approval resolution of the other House. ``(B) Computing number of days.--For the purpose of subparagraph (A), in computing a number of days in either House, there shall be excluded any day on which that House is not in session. ``(7) Floor consideration in the house.-- ``(A) Motion to proceed.--A motion in the House of Representatives to proceed to the consideration of an approval resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate.--Debate in the House of Representatives on an approval resolution shall be limited to not more than 5 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit an approval resolution or to move to reconsider the vote by which an approval resolution is agreed to or disagreed to. ``(C) Motions to postpone.--Motions to postpone, made in the House of Representatives with respect to the consideration of an approval resolution, and motions to proceed to the consideration of other business, shall be decided without debate. ``(D) Appeals.--All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to an approval resolution shall be decided without debate. ``(E) Applicability of other rules.--Except to the extent specifically provided in the preceding provisions of this subsection, consideration of an approval resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances. ``(8) Floor consideration in the senate.-- ``(A) Motion to proceed.--A motion in the Senate to proceed to the consideration of an approval resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate.--Debate in the Senate on an approval resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Appeals.--Debate in the Senate on any debatable motion or appeal in connection with an approval resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of an approval resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) Motion to limit debate; motion to recommit.-- A motion in the Senate to further limit debate is not debatable. A motion to recommit an approval resolution is not in order.''.

Aviation Bilateral Accountability Act of 1998 - Amends Federal aviation law to require congressional approval, according to a specified procedure, of civil aviation agreements establishing air navigation (including air routes and services) between the United States and a foreign country.

Aviation Bilateral Accountability Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antitrust Technical Corrections Act of 2001''. SEC. 2. AMENDMENTS. (a) Act of March 3, 1913.--The Act of March 3, 1913 (chapter 114, 37 Stat. 731; 15 U.S.C. 30) is repealed. (b) Panama Canal Act.--Section 11 of the Panama Canal Act (37 Stat. 566; 15 U.S.C. 31) is amended by striking the undesignated paragraph that begins ``No vessel permitted''. (c) Sherman Act.--Section 3 of the Sherman Act (15 U.S.C. 3) is amended-- (1) by inserting ``(a)'' after ``Sec. 3.''; and (2) by adding at the end the following: ``(b) Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce in any Territory of the United States or of the District of Columbia, or between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia, and any State or States or foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.''. (d) Wilson Tariff Act.-- (1) Technical amendment.--The Wilson Tariff Act (28 Stat. 509; 15 U.S.C. 8 et seq.) is amended-- (A) by striking section 77; and (B) in section 78-- (i) by striking ``76, and 77'' and inserting ``and 76''; and (ii) by redesignating such section as section 77. (2) Conforming amendments to other laws.-- (A) Clayton act.--Subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12(a)) is amended by striking ``seventy-seven'' and inserting ``seventy- six''. (B) Federal trade commission act.--Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended by striking ``77'' and inserting ``76''. (C) Packers and stockyards act, 1921.--Section 405(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 225(a)) is amended by striking ``77'' and inserting ``76''. (D) Atomic energy act of 1954.--Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is amended by striking ``seventy-seven'' and inserting ``seventy- six''. (E) Deep seabed hard mineral resources act.-- Section 103(d)(7) of the Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1413(d)(7)) is amended by striking ``77'' and inserting ``76''. (e) Clayton Act.--The first section 27 of the Clayton Act (15 U.S.C. 27) is redesignated as section 28 and is transferred so as to appear at the end of such Act. (f) Year 2000 Information and Readiness Disclosure Act.--Section 5(a)(2) of the Year 2000 Information and Readiness Disclosure Act (Public Law 105-271) is amended by inserting a period after ``failure''. (g) Atomic Energy Act of 1954.--Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is amended-- (1) in subsection (a), by striking the first sentence and inserting the following: ``Nothing in this Act shall be construed to modify or supersede the antitrust laws (as defined in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)) and referred to in this section as `antitrust laws'), or the application of section 5 of the Federal Trade Commission Act (15 U.S.C. 45), to the extent that section 5 applies to unfair methods of competition.''; (2) in subsection (a), by striking ``the laws cited above'' and inserting ``the antitrust laws''; (3) in subsection (b), by striking ``the foregoing Acts'' and inserting ``the antitrust laws''; and (4) in subsection (c)-- (A) in paragraphs (5) and (7), by striking ``the antitrust laws as specified in subsection 105 a'' and inserting ``the antitrust laws''; and (B) by adding at the end the following: ``(9) This subsection shall not apply to an application for a license to construct or operate a utilization facility under section 103 or 104(b) if the application is pending on or filed after the date of enactment of this subsection. This paragraph shall not affect the authority of the Commission to enforce antitrust conditions included in licenses issued under section 103 or 104(b) before the date of enactment of this paragraph.''. SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application to Cases.--(1) Section 2(a) shall apply to cases pending on or after the date of the enactment of this Act. (2) The amendments made by subsections (b), (c), and (d) of section 2 shall apply only with respect to cases commenced on or after the date of the enactment of this Act.

Antitrust Technical Corrections Act of 2001 - (Sec. 2) Repeals: (1) the Act of March 3, 1913, requiring proceedings for the taking of depositions for use in suits in equity brought by the United States under the Sherman Act to be open to the public; and (2) provisions of the Panama Canal Act which bar use of the Panama Canal to violators of antitrust laws.Amends the Sherman Act to apply the prohibitions against monopolizing trade or commerce among the States or with foreign nations to monopolizing trade or foreign commerce in or among any U.S. Territories and the District of Columbia.Amends the Wilson Tariff Act to repeal provisions that authorized any person injured in his business or property by reason of anything prohibited by such Act to sue therefor in U.S. circuit court and to recover treble damages and the costs of suit.Amends the Atomic Energy Act of 1954 to exempt an application for a license to construct or operate a utilization facility (equipment or a device capable of making use of special nuclear material) that is pending on or filed after the enactment date of this Act from the requirement that the Nuclear Regulatory Commission transmit atomic energy license applications to the Attorney General.(Sec. 3) Makes this Act effective on the date of this Act's enactment, with exceptions relating to: (1) the Panama Canal Act (applicable to cases pending on or after this Act's enactment); and (2) the Panama Canal Act, the Sherman Act, and the Wilson Tariff Act (applicable only to cases commenced on or after this Act's enactment).

To make technical corrections to various antitrust laws and to references to such laws.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Child Health Immunization Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.-- (1) Current circumstances.--Congress finds the following: (A) Immunizations are among the most cost-effective means of preventing disease. (B) Although Federal support for childhood immunizations has been in existence since 1962, the full potential of immunizations remains to be achieved. Enactment and enforcement of school immunization requirements have resulted in excellent immunization levels (96 percent or greater) in school children. However, approximately 80 percent of vaccine doses should be received before the second birthday in order to protect children during their most vulnerable periods. Many children do not receive their basic immunizations by that time, and in some inner cities as few as 10 percent of 2-year-olds have received a complete series. This low level of immunizations has been reflected in recent years by outbreaks of measles among inadequately immunized preschool children. (C) The childhood immunization services delivery infrastructure is both public and private. There is considerable evidence to suggest that the private infrastructure has been eroded over the past decade as a result of the significantly increased cost of privately purchased vaccines. (D) Prices for privately purchased vaccines exceed the prices paid for like vaccines in some other industrialized nations by over 2500 percent. (E) High vaccine costs, coupled with the growing number of uninsured and underinsured families, has resulted in private physicians increasingly referring their private-pay patients to overburdened public clinics for vaccinations. (F) Eleven States now have programs that provide vaccines without charge to both public and private health care providers. Other States that have sought to establish such programs have been denied additional discounted vaccines by manufacturers. (G) There is no evidence to suggest that a negotiated price that takes into account the reasonable cost of production, marketing, research and development, and distribution will not fairly compensate vaccine manufacturers. Indeed, a recent report by the Congressional Office of Technology Assessment supports the proposition that negotiated rates can assure fair compensation while holding down costs. (H) The Secretary of Health and Human Services has experience negotiating vaccine purchase through the Federal contract system. (I) The National Vaccine Injury Compensation Program is an essential element in a comprehensive immunization program and should be applied to additional vaccines recommended for universal use in children. (2) Needed actions.--With respect to actions necessary to ensure the full immunization of children at the earliest possible age, Congress finds the following: (A) The Federal Government should purchase and provide free of charge to health care providers vaccines recommended for universal use in children. This action will not only remove financial barriers to immunization that impede children from being vaccinated at the appropriate time, but will also facilitate the development of an immunization tracking system. (B) The Federal Government and the States should develop linked registries to track the immunization status of the Nation's children. The registry system should have the capability to notify parents of inadequately immunized children of the need to protect their children with specific vaccines. (C) The coordinated national information and education outreach initiative operated through the Department of Health and Human Services should be sustained to bring needed information to parents and health care providers and focus their attention on the importance of achieving the full and timely immunization of children at the earliest appropriate age. (D) Private and public health insurers should be encouraged to provide adequate reimbursement for the administration of childhood vaccines. (E) Volunteer community activities to promote the full immunization of children at the earliest appropriate age should be encouraged. (F) The National Vaccine Injury Compensation Program should be extended and improved. Vaccine information materials should be simplified to ensure that parents can understand the benefits and risks of vaccines. (b) Purpose.--It is the purpose of this Act to ensure that all children in the United States are fully immunized against vaccine preventable infectious diseases at the earliest appropriate age. SEC. 3. FEDERAL PURCHASE OF CHILDHOOD VACCINES. (a) Establishment of Program.--The Social Security Act (42 U.S.C. 301 et seq.) is amended by adding at the end thereof the following new title: ``TITLE XXI--FEDERAL PURCHASE OF CHILDHOOD VACCINES ``purchase by the secretary ``Sec. 2101. (a) Purchase of Vaccines.-- ``(1) In general.--The Secretary shall regularly contract for the purchase of vaccines included on the list promulgated by the Secretary pursuant to section 1931 (referred to in this section as `recommended childhood vaccines') in amounts-- ``(A) necessary for distribution under the Public Health Service Act to meet anticipated needs for the routine and catch-up immunization of children in the United States in accordance with the recommendations promulgated under section 1931 and for foreseeable outbreak control activities; ``(B) necessary for the maintenance of a reserve vaccine supply sufficient for a 6-month period; and ``(C) which take into account minimum waste due to breakage or other unavoidable losses. ``(2) Consultations.-- ``(A) Preprocurement consultations.--The Secretary may consult with representatives of State governments, experts in vaccine delivery, health care providers, and others with expertise in purchasing and pricing pharmaceutical products prior to soliciting bids or offers for recommended childhood vaccines under this section. Health care providers shall also furnish periodic estimates to the States of the providers' future dosage needs for recommended childhood vaccines distributed under the Public Health Service Act. States receiving Federal grants for immunization registries shall report such data to the Secretary. All reports shall be made with such frequency and in such detail as the Secretary may prescribe. ``(B) Consultations with federal agencies.--The Secretary shall, in order to determine the appropriate vaccines and amounts of vaccines to be purchased under paragraph (1), consult with Federal agencies involved in research regarding, or the regulation, procurement, or distribution of, recommended childhood vaccines. Such consultation may be effected through the establishment of a Vaccine Requirements Panel to be composed entirely of representatives of the relevant Federal agencies, or through such other means as the Secretary determines appropriate. ``(3) Cost or pricing data.-- ``(A) In general.--The Secretary shall negotiate a reasonable price for vaccines to be purchased under this section that fairly takes into account the excise tax under section 4131 of the Internal Revenue Code of 1986 and the various costs described in subparagraph (C). ``(B) Manufacturers.--A manufacturer of recommended childhood vaccines shall provide cost or pricing data in support of the manufacturer's proposed price at the time the manufacturer responds to a procurement instituted by the Secretary under this section. A manufacturer shall also provide such data upon the request of the Secretary whenever the Secretary determines that contract modifications are necessary. ``(C) Type of information.--The information required under subparagraph (B) shall include data related to the research and development costs of the vaccine, production costs, handling, shipping, and other costs associated with delivering the vaccine to health care providers and States in accordance with the distribution plan of the Secretary (through the manufacturers or a State, as the case may be) under the Public Health Service Act, marketing costs, profit levels sufficient to encourage future investments in research and development of new or improved vaccines, the cost of maintaining adequate capacity for outbreak control, and any other data the Secretary determines appropriate. ``(4) Confidentiality of data.-- ``(A) In general.--Information provided to the Secretary under paragraph (3) shall be treated as trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code, and section 1905 of title 18, United States Code, and shall not be revealed to any person other than those authorized by the Secretary in connection with carrying out official duties under this section. ``(B) Prohibition on withholding.--Subparagraph (A) shall not be construed as authorizing the withholding of information provided under paragraph (3) from any duly authorized subcommittee or committee of the Congress. If the Secretary provides such information to any subcommittee or committee, the Secretary shall give written notice to the manufacturer that provided the information. ``(C) Written procedures.--The Secretary shall establish written procedures to ensure the confidentiality of information provided under paragraph (3). ``(5) Prohibition on additional shipping or handling charges.--Each contract for the purchase of recommended childhood vaccines under this section shall contain a provision by which the manufacturer agrees to ship or otherwise arrange for the delivery of such vaccines in accordance with the distribution plan of the Secretary (through the manufacturers or a State, as the case may be) without imposing any additional charge for shipping, handling, or any other cost on the health care provider or State to which the vaccine is shipped or delivered. ``(6) Multiple suppliers.--To ensure a reliable and adequate supply of vaccine and to stimulate competition, the Secretary shall enter into contracts when feasible with multiple manufacturers of the same recommended childhood vaccine, under such terms and conditions and utilizing such procurement processes as the Secretary determines appropriate. ``(7) Reporting requirements.--Each contract for the purchase of recommended childhood vaccines under this section shall require the manufacturer to report in a standardized form to the Secretary, or the Secretary's designee, and appropriate States, at intervals determined by the Secretary, data regarding the destination of the vaccines by lot number, and any other information related to the vaccines purchased that the Secretary may require. ``(b) Funding.--There shall be made available for expenditure by the Secretary, out of the Comprehensive Child Immunization Account in the Treasury of the United States established pursuant to section 3(b) of the Comprehensive Child Health Immunization Act of 1993, such amounts as are required to carry out this section for fiscal year 1995 and for each fiscal year thereafter during which this section remains in effect.''. (b) Funding for Program.-- (1) Maintenance of separately identifiable account.--There shall be established in the Treasury of the United States a Comprehensive Child Immunization Account for the purpose of funding the activities under section 2101 of the Social Security Act (as added by subsection (a) of this section). (2) Source of receipts.--Receipts shall be credited to the account established under paragraph (1) as may be provided in Federal law. (c) Termination of Program.--Such 2101 of the Social Security Act (as added by subsection (a) of this section) shall cease to be in effect beginning on such date as may be prescribed by a Federal law providing for immunization services for all children as part of a broad-based reform of the national health care system. SEC. 4. REQUIREMENTS CONCERNING IMMUNIZATIONS OF CHILDREN UNDER STATE MEDICAID PROGRAMS. (a) Coverage of Immunizations under Early and Periodic Screening, Diagnosis, and Testing (EPSDT).--Section 1905(r)(1)(B)(iii) of the Social Security Act (42 U.S.C. 1396d(r)(1)(B)(iii)) is amended to read as follows: ``(iii) administration of appropriate recommended childhood vaccines included on the list promulgated by the Secretary under section 1931, taking into account the health history of the individual,''. (b) Reimbursement Rates for Recommended Childhood Vaccines.-- Section 1902(a)(13) of the Social Security Act (42 U.S.C. 1396a(a)(13)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by inserting ``and'' at the end of subparagraph (F); and (3) by adding at the end the following new subparagraph: ``(G) that payments to providers shall include amounts, as appropriate, as reimbursement for the administration of recommended childhood vaccines in accordance with section 1905(r)(1)(B)(iii);''. (c) Recommended Childhood Vaccines.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by adding at the end the following new section: ``recommended childhood vaccines ``Sec. 1931. Not later than October 1, 1994, (and periodically thereafter as the Secretary determines appropriate in view of advances in scientific understanding in the areas of immunization and disease control) the Secretary shall promulgate a list of vaccines that provide immunization against naturally occurring infectious diseases and are recommended for universal use in children. The Secretary shall concurrently promulgate recommendations regarding the appropriate dosage for each such vaccine, and the age or ages of children at which each vaccine should be administered.''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsections (a) and (b) shall be effective with respect to calendar quarters beginning on and after October 1, 1994. (2) Extension for state law amendment.--In the case of a State plan under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by subsection (b), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 5. NATIONAL VACCINE INJURY COMPENSATION PROGRAM AMENDMENTS. (a) Use of Vaccine Injury Compensation Trust Fund.-- (1) Section 9510(c)(1) of the Internal Revenue Code of 1986 is amended by striking out ``, and before October 1, 1992,''. (2) Section 6601(r) of the Omnibus Budget Reconciliation Act of 1989 is amended by striking out ``$2,500,000 for each of fiscal years 1991 and 1992'' each place it appears and inserting in lieu thereof `` $3,000,000 for fiscal year 1994 and each fiscal year thereafter''. (b) Permanent Extension of Authority to Impose Taxes for the Vaccine Injury Compensation Trust Fund.-- (1) Permanent extension of tax.--Section 4131(c) of the Internal Revenue Code of 1986 is repealed. (2) Reinstatement of tax.--The tax imposed by section 4131 of the Internal Revenue Code of 1986 is hereby reinstated effective April 1, 1993. SEC. 6. NATIONAL IMMUNIZATION TRACKING SYSTEM. On such date as section 2101 of the Social Security Act (as added by section 3(a) of this Act) shall cease to be in effect as provided in section 3(c) of this Act, the Secretary of Health and Human Services shall implement a program to ensure participation of all health care providers in a national immunization tracking system. S 733 IS----2

Comprehensive Child Health Immunization Act of 1993 - Amends the Social Security Act to direct the Secretary of Health and Human Services to regularly contract for the purchase of specified childhood vaccines in amounts: (1) necessary for distribution under the Public Health Service Act to meet anticipated needs and for the maintenance of a reserve vaccine supply sufficient for a six-month period; and (2) which take into account minimum waste due to breakage or other unavoidable losses. Requires: (1) the Secretary to negotiate a reasonable price for vaccines to be purchased; and (2) a manufacturer of such vaccines to provide cost or pricing data in support of the manufacturer's proposed price (and other data whenever the Secretary determines that contract modifications are necessary). Sets forth provisions regarding: (1) the confidentiality of such data; (2) the prohibition of additional shipping or handling charges; (3) multiple suppliers; (4) reporting requirements; (5) funding the program under this Act (including establishment in the Treasury of a Comprehensive Child Immunization Account); and (6) termination of the program. Directs that: (1) the term "early and periodic screening, diagnostic, and treatment services" under such Act include administration of specified childhood vaccines, taking into account the health history of the individual (currently, appropriate immunizations according to age and health history); and (2) payments from State plans to providers include reimbursement for the administration of recommended childhood vaccines. Directs the Secretary to promulgate: (1) a list of vaccines that provide immunization against naturally occurring infectious diseases which are recommended for universal use in children; and (2) recommendations regarding appropriate dosages and ages of children at which each vaccine should be administered. Amends: (1) the Internal Revenue Code to remove a limitation on the use of the Vaccine Injury Compensation Trust Fund; and (2) the Omnibus Budget Reconciliation Act of 1989 to provide for a permanent extension of authority to impose taxes for such Fund. Directs the Secretary to implement a program to ensure participation of all health care providers in a national immunization tracking system.

Comprehensive Child Health Immunization Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistance for Workforce Recovery Program Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) In today's global economy, employees must possess the education and training necessary to adapt to change and learn new skills. (2) Community colleges provide high quality education to students and support to businesses and employers. (3) Community colleges collaborate with local and regional businesses, industry, workforce investment boards, and economic development organizations to tailor their educational programs to deliver employers a workforce with the skills employers need. Workers receiving customized training have increased job performance productivity and the workforce is stronger and more competitive as a result. (4) Community-based job training grants were created as part of the fiscal year 2005 budget of the President. (5) The purpose of community-based job training grants is to assist community colleges in training workers to develop the skills required by employers in high-growth industries and occupations where demand for qualified workers outstrips the supply. (6) Given the high level of unemployment as a result of the economic downturn, the supply of labor now greatly outpaces demand in many industries. (7) According to the National Bureau of Economic Research, the current economic recession began in December of 2007. (b) Purpose.--It is the purpose of this Act to establish a tuition assistance program for qualifying workers who become unemployed as a result of the recent economic recession to enable those workers to obtain education and training to contribute to the economic recovery. SEC. 3. WORKFORCE RECOVERY PROGRAM. Section 171 of the Workforce Investment Act of 1988 (29 U.S.C. 2916) is amended by adding at the end the following: ``(f) Unemployment Tuition Assistance Program.-- ``(1) Definitions.--In this subsection: ``(A) Community college.--The term `community college' means a 2-year institution of higher education as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(B) Economic downturn.--The term `economic downturn' means the recession that the National Bureau of Economic Research determined began on December 1, 2007 in the United States. ``(C) Program.--The term `Program' means the Unemployment Tuition Assistance Program established under paragraph (2). ``(D) Secretary.--The term `Secretary' means the Secretary of Labor. ``(2) Unemployment tuition assistance.-- ``(A) Establishment.--Not later than 60 days after the date of enactment of this subsection, the Secretary shall establish a voluntary pilot program under this section to be known as the `Unemployment Tuition Assistance Program' to provide tuition assistance to eligible individuals to enable such individuals to obtain education and job training assistance. ``(B) Notification.-- ``(i) In general.--The Secretary shall ensure that each State agency responsible for the administration of the State unemployment compensation program distribute to any individual in the State who submits an application for unemployment insurance a notification that such individual may be eligible for participation in the Program and information on how to apply for such participation. ``(ii) Internet website.--The Secretary shall maintain a public Internet website that contains information about the Program, including a list of participating community colleges. ``(iii) Participating community colleges.-- Nothing in clause (i) shall be construed to prevent a participating community college from advertising the existence of the Program or otherwise informing individuals of such Program. ``(C) Eligibility.-- ``(i) Eligibility of individuals.-- ``(I) General eligibility.--To be eligible to receive a certification of eligibility from a participating community college for tuition assistance under the Program, an individual shall-- ``(aa) submit to the participating community college an application, in a manner prescribed by the Secretary; ``(bb) be an individual and who became unemployed (as described in subclause (II)(aa)) on or after December 1, 2007, and whose employment loss resulted from the economic downturn; ``(cc) be determined to be eligible by a participating community college as provided for in subclause (II); and ``(dd) comply with any guidelines issued by the Secretary (in consultation with the Secretary of Education) or the participating community college involved, so long as such guidelines are not inconsistent with the requirements of subclause (II). ``(II) Determinations by college.-- An individual shall not be certified as an eligible individual under subclause (I)(cc) unless the participating community college involved determines that-- ``(aa) the individual has been involuntarily terminated, laid off, or has had his or her work hours reduced to zero; ``(bb) the termination, layoff or reduction in hours described in item (aa) occurred on or after December 1, 2007; and ``(cc) the termination, layoff or reduction in hours described in item (aa) is the result of job loss related to the economic downturn. ``(ii) Eligibility of entities.--To be eligible to be a participating community college under the program, an entity shall-- ``(I) be a community college; and ``(II) submit to the Secretary an application for a certification of participation at such time, in such manner, and containing such information as the Secretary may require. ``(iii) Additional assistance.--The Secretary may provide additional assistance to a community college submitting an application under clause (ii) if the Secretary determines, as soon as practicable after receipt of the application, that the college-- ``(I) is located in a high need area (as determined by the Secretary); and ``(II) is located in an underserved area (as determined by the Secretary). ``(D) Use of assistance.--Assistance received under the Program shall be used to pay the costs for enrollment in classes or job training programs offered at a participating community college. ``(E) Amount of assistance.-- ``(i) In general.--Subject to clause (ii), an individual participating in the Program shall receive tuition assistance in an amount that does not exceed-- ``(I) the tuition costs for enrollment in one semester of classes offered by a participating community college; or ``(II) the cost of participation in a job training program offered by a participating community college. ``(ii) Limitation.--The amount of assistance provided under clause (i) (whether for enrollment in classes or a job training program) shall not exceed an amount equal to the cost of enrollment in 12 credits worth of classes at the participating community college but in no event to exceed $1,000. ``(iii) Additional benefits.--The Secretary may provide for the awarding of additional assistance to individuals or participating community colleges under the Program for use in areas of high unemployment or in underserved rural populations, as determined by the Secretary. ``(F) Payment.--The Secretary shall establish guidelines for making assistance payments under the Program. Such guidelines shall provide that payments shall be made directly to the participating community college involved based on the number of eligible individuals certified by such college for the period involved. ``(G) Provision for quality education.--The Secretary shall issue guidelines to participating community colleges that are designed to ensure the quality of education and job training for which eligible individuals will be awarded credit under the program under this Act. ``(H) Reporting requirements.--Not later than February 1, and July 1, of each year in which this subsection is in effect, the Secretary shall submit to Congress a report concerning the program under this subsection that includes-- ``(i) the names and locations of participating community colleges; ``(ii) the number of students participating at each such college; ``(iii) the number of credits awarded by each such college under the program; and ``(iv) the amount of expenditures by the Secretary under such program. ``(3) Funding.--The Secretary shall use amounts available under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a) to carry out this subsection. ``(4) Sunset.--The Program shall terminate on December 31, 2011.''.

Assistance for Workforce Recovery Program Act - Amends the Workforce Investment Act of 1988 to require the Secretary of Labor to establish the Unemployment Tuition Assistance Program making tuition assistance available to individuals who became or become unemployed on or after December 1, 2007, due to the recession for their pursuit of education and job training at participating community colleges. Directs the Secretary to provide tuition assistance payments directly to participating community colleges. Permits the Secretary to provide additional assistance to community colleges in high need and underserved areas. Requires state unemployment compensation program applicants to be informed of their possible eligibility for participation in the Unemployment Tuition Assistance Program. Directs the Secretary to maintain a public Internet website containing Program information, including a list of participating community colleges. Terminates the Program at the close of 2011.

A bill to establish a program to provide tuition assistance to individuals who have lost their jobs as a result of the economic downturn.

SECTION 1. SHORT TITLE. This Act may be cited as the ``John F. Kennedy Center Plaza Authorization Act of 2002''. SEC. 2. JOHN F. KENNEDY CENTER PLAZA. The John F. Kennedy Center Act (20 U.S.C. 76h et seq.) is amended-- (1) by redesignating sections 12 and 13 as sections 13 and 14, respectively; and (2) by inserting after section 11 the following: ``SEC. 12. JOHN F. KENNEDY CENTER PLAZA. ``(a) Definitions.--In this section: ``(1) Air right.--The term `air right' means a real property interest conveyed by deed, lease, or permit for the use of space between streets and alleys within the boundaries of the Project. ``(2) Center.--The term `Center' means the John F. Kennedy Center for the Performing Arts. ``(3) Green space.--The term `green space' means an area within the boundaries of the Project or affected by the Project that is covered by grass, trees, or other vegetation. ``(4) Plaza.--The term `Plaza' means improvements to the area surrounding the John F. Kennedy Center building that are-- ``(A) carried out under the Project; and ``(B) comprised of-- ``(i) transportation elements (including roadways, sidewalks, and bicycle lanes); and ``(ii) nontransportation elements (including landscaping, green space, open public space, and water, sewer, and utility connections). ``(5) Project.-- ``(A) In general.--The term `Project' means the Plaza project, as described in the TEA-21 report, providing for-- ``(i) construction of the Plaza; and ``(ii) improved bicycle, pedestrian, and vehicular access to and around the Center. ``(B) Inclusions.--The term `Project'-- ``(i) includes-- ``(I) planning, design, engineering, and construction of the Plaza; ``(II) buildings to be constructed on the Plaza; and ``(III) related transportation improvements; and ``(ii) may include any other element of the Project identified in the TEA-21 report. ``(6) Secretary.--The term `Secretary' means the Secretary of Transportation. ``(7) TEA-21 report.--The term `TEA-21 report' means the report of the Secretary submitted to Congress under section 1214 of the Transportation Equity Act for the 21st Century (20 U.S.C. 76j note; 112 Stat. 204). ``(b) Responsibilities of the Secretary.-- ``(1) In general.--The Secretary shall be responsible for the Project and may carry out such activities as are necessary to construct the Project, other than buildings to be constructed on the Plaza, substantially as described in the TEA-21 report. ``(2) Planning, design, engineering, and construction.--The Secretary shall be responsible for the planning, design, engineering, and construction of the Project, other than buildings to be constructed on the Plaza. ``(3) Agreements with the board and other agencies.--The Secretary shall enter into memoranda of agreement with the Board and any appropriate Federal or other governmental agency to facilitate the planning, design, engineering, and construction of the Project. ``(4) Consultation with the board.--The Secretary shall consult with the Board to maximize efficiencies in planning and executing the Project, including the construction of any buildings on the Plaza. ``(5) Contracts.--Subject to the approval of the Board, the Secretary may enter into contracts on behalf of the Center relating to the planning, design, engineering, and construction of the Project. ``(c) Responsibilities of the Board.-- ``(1) In general.--The Board may carry out such activities as are necessary to construct buildings on the Plaza for the Project. ``(2) Receipt of transfers of air rights.--The Board may receive from the District of Columbia such transfers of air rights as are necessary for the planning, design, engineering, and construction of the Project. ``(3) Construction of buildings.--The Board-- ``(A) may construct, with nonappropriated funds, buildings on the Plaza for the Project; and ``(B) shall be responsible for the planning, design, engineering, and construction of the buildings. ``(4) Acknowledgment of contributions.-- ``(A) In general.--The Board may acknowledge private contributions used in the construction of buildings on the Plaza for the Project in the interior of the buildings, but may not acknowledge private contributions on the exterior of the buildings. ``(B) Applicability of other requirements.--Any acknowledgement of private contributions under this paragraph shall be consistent with the requirements of section 4(b). ``(d) Responsibilities of the District of Columbia.-- ``(1) Modification of highway system.--Notwithstanding any State or local law, the Mayor of the District of Columbia, in consultation with the National Capital Planning Commission and the Secretary, shall have exclusive authority, as necessary to meet the requirements and needs of the Project, to amend or modify the permanent system of highways of the District of Columbia. ``(2) Conveyances.-- ``(A) Authority.--Notwithstanding any State or local law, the Mayor of the District of Columbia shall have exclusive authority, as necessary to meet the requirements and needs of the Project, to convey or dispose of any interests in real estate (including air rights and air space (as that term is defined by District of Columbia law)) owned or controlled by the District of Columbia. ``(B) Conveyance to the board.--Not later than 90 days after the date of receipt of notification from the Secretary of the requirements and needs of the Project, the Mayor of the District of Columbia shall convey or dispose of to the Board, without compensation, interests in real estate described in subparagraph (A). ``(3) Agreements with the board.--The Mayor of the District of Columbia shall have the authority to enter into memoranda of agreement with the Board and any Federal or other governmental agency to facilitate the planning, design, engineering, and construction of the Project. ``(e) Ownership.-- ``(1) Roadways and sidewalks.--Upon completion of the Project, responsibility for maintenance and oversight of roadways and sidewalks modified or improved for the Project shall remain with the owner of the affected roadways and sidewalks. ``(2) Maintenance of green spaces.--Subject to paragraph (3), upon completion of the Project, responsibility for maintenance and oversight of any green spaces modified or improved for the Project shall remain with the owner of the affected green spaces. ``(3) Buildings and green spaces on the plaza.--Upon completion of the Project, the Board shall own, operate, and maintain the buildings and green spaces established on the Plaza for the Project. ``(f) National Highway Boundaries.-- ``(1) Realignment of boundaries.--The Secretary may realign national highways related to proposed changes to the North and South Interchanges and the E Street approach recommended in the TEA-21 report in order to facilitate the flow of traffic in the vicinity of the Center. ``(2) Access to center from i-66.--The Secretary may improve direct access and egress between Interstate Route 66 and the Center, including the garages of the Center.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 13 of the John F. Kennedy Center Act (as redesignated by section 2) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) John F. Kennedy Center Plaza.--There is authorized to be appropriated to the Secretary of Transportation for capital costs incurred in the planning, design, engineering, and construction of the project authorized by section 12 (including roadway improvements related to the North and South Interchanges and construction of the John F. Kennedy Center Plaza, but not including construction of any buildings on the plaza) $400,000,000 for the period of fiscal years 2003 through 2010, to remain available until expended.''. SEC. 4. CONFORMING AMENDMENTS. (a) Selection of Contractors.--Section 4(a)(2) of the John F. Kennedy Center Act (20 U.S.C 76j(a)(2)) is amended by striking subparagraph (D) and inserting the following: ``(D) Selection of contractors.--In carrying out the duties of the Board under this Act, the Board may-- ``(i) negotiate, with selected contractors, any contract-- ``(I) for planning, design, engineering, or construction of buildings to be erected on the John F. Kennedy Center Plaza under section 12 and for landscaping and other improvements to the Plaza; or ``(II) for an environmental system for, a protection system for, or a repair to, maintenance of, or restoration of the John F. Kennedy Center for the Performing Arts; and ``(ii) award the contract on the basis of contractor qualifications as well as price.''. (b) Administration.--Section 6(d) of the John F. Kennedy Center Act (20 U.S.C. 76l(d)) is amended in the first sentence by striking ``section 12'' and inserting ``section 14''. (c) Definitions.--Section 14 of the John F. Kennedy Center Act (as redesignated by section 2) is amended by adding at the end the following: ``Upon completion of the project for establishment of the John F. Kennedy Center Plaza authorized by section 12, the Board, in consultation with the Secretary of Transportation, shall amend the map that is on file and available for public inspection under the preceding sentence.''. Passed the Senate July 26, 2002. Attest: Secretary. 107th CONGRESS 2d Session S. 2771 _______________________________________________________________________ AN ACT To amend the John F. Kennedy Center Act to authorize the Secretary of Transportation to carry out a project for construction of a plaza adjacent to the John F. Kennedy Center for the Performing Arts, and for other purposes.

John F. Kennedy Center Plaza Authorization Act of 2002 - Amends the John F. Kennedy Center Act to direct the Secretary of Transportation to undertake activities necessary to plan, design, engineer, and construct a Plaza (other than buildings) adjacent to the John F. Kennedy Center for the Performing Arts, including improved bicycle, pedestrian, and vehicular access to and round the Center.Authorizes the Board of Trustees of the Center to undertake activities on the Plaza necessary to facilitate the project, including construction of buildings on the Plaza.Allows the Board to acknowledge private contributions used in construction only in the interior, not on the exterior, of the buildings.Grants the Mayor of the District of Columbia, as necessary to meet project requirements and needs, exclusive authority to: (1) modify the permanent system of District highways; (2) convey any interest in real estate (including air rights or air space) owned or controlled by the District; and (3) enter into memoranda of agreement with the Board and any Federal or other governmental agency.Declares that upon completion of the Project the responsibility for maintenance and oversight of roadways, sidewalks, and green spaces shall remain with the owner of the affected property. Declares that the Board shall own, operate, and maintain the buildings and green spaces established on the Plaza.Authorizes the Secretary to realign national highways related to Project changes and improve direct access and egress between Interstate Route 66 and the Center.Authorizes appropriations for FY 2003 through 2010.

A bill to amend the John F. Kennedy Center Act to authorize the Secretary of Transportation to carry out a project for construction of a plaza adjacent to the John F. Kennedy Center for the Performing Arts, and for other purposes.

SECTION 1. STEWARDSHIP CONTRACTING PROJECTS. (a) In General.--The Healthy Forests Restoration Act of 2003 is amended-- (1) by striking section 604 (16 U.S.C. 6591c); (2) by redesignating sections 601, 602, and 603 (16 U.S.C. 6591, 6591a, 6591b) as sections 701, 702, and 703, respectively; (3) by redesignating title VI (16 U.S.C. 6591 et seq.) (as amended by paragraphs (1) and (2)) as title VII; (4) in section 703(a) (as so redesignated), in the matter preceding paragraph (1), by striking ``section 602(d)'' and inserting ``section 702(d)''; and (5) by inserting after title V (16 U.S.C. 6571 et seq.) the following: ``TITLE VI--STEWARDSHIP CONTRACTING ``SEC. 601. DEFINITIONS. ``In this title: ``(1) Chief.--The term `Chief' means the Secretary, acting through the Chief of the Forest Service. ``(2) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(3) Stewardship contract.--The term `stewardship contract' means a contract or agreement entered into under section 602. ``SEC. 602. PROJECTS. ``The Chief may enter into a stewardship contracting project contract or agreement, as appropriate, with a private person or another public entity to perform services to achieve land management goals described in section 603 for the National Forest System that meet local and rural community needs. ``SEC. 603. LAND MANAGEMENT GOALS. ``The land management goals of a project under section 602 may include any of the following: ``(1) Road and trail maintenance or obliteration to restore or maintain water quality. ``(2) Soil productivity, habitat for wildlife and fisheries, or other resource values. ``(3) Setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat. ``(4) Removing vegetation or other activities-- ``(A) to promote healthy forest stands; ``(B) to reduce fire hazards; or ``(C) to achieve other land management objectives. ``(5) Watershed restoration and maintenance. ``(6) Restoration and maintenance of wildlife and fish. ``(7) Control of noxious and exotic weeds and reestablishing native plant species. ``SEC. 604. AGREEMENTS OR CONTRACTS. ``(a) Procurement Procedure.--A private person or public entity for the performance of services under a stewardship contract shall be selected on a best-value basis, including consideration of the private person or public entity under other public or private agreements or contracts. ``(b) Contract for Sale of Property.--Notwithstanding any other provision of law, a contract entered into under section 602 may, at the discretion of the Secretary, be considered a contract for the sale of property under such terms as the Secretary may establish. ``(c) Term.-- ``(1) In general.--Except as provided in paragraph (2), the Chief may enter into a contract under section 602 in accordance with section 3903 of title 41, United States Code. ``(2) Maximum.--The period of a stewardship contract shall be not longer than 10 years. ``(d) Offsets.-- ``(1) In general.--The Chief may apply the value of timber or other forest products removed as an offset against the cost of services received under a stewardship contract. ``(2) Methods of appraisal.--The value of timber or other forest products used as an offset under paragraph (1)-- ``(A) shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed; and ``(B) may-- ``(i) be determined using a unit of measure appropriate to the stewardship contracts; and ``(ii) include valuing products on a per- acre basis. ``(e) Relation to Other Laws.--Notwithstanding subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), the Chief may enter into a stewardship contract. ``(f) Contracting Officer.--Notwithstanding any other provision of law, the Secretary may determine the appropriate contracting officer to enter into and administer a stewardship contract. ``(g) Fire Liability Provisions.--Not later than 90 days after February 7, 2014, the Chief shall issue for use in each stewardship contract fire liability provisions that are in substantially the same form as the fire liability provisions contained in-- ``(1) integrated resource timber contracts, as described in the Forest Service contract numbered 2400-13, part H, section H.4; and ``(2) timber sale contracts conducted pursuant to section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a). ``SEC. 605. RECEIPTS. ``(a) In General.--The Chief may collect amounts from a stewardship contract if the collection is a secondary objective of negotiating the stewardship contract that will best achieve the purposes of this title. ``(b) Use.--Amounts from a stewardship contract-- ``(1) may be retained by the Chief; and ``(2) shall be available for expenditure without further appropriation-- ``(A) at the project site from which the amounts are collected; or ``(B) at another project site. ``(c) Relation to Other Laws.-- ``(1) In general.--Notwithstanding any other provision of law, the value of services received by the Chief under a stewardship contract, and any payments made or resources provided by the contractor or the Chief, shall not be considered amounts received from the National Forest System. ``(2) Knutson-vandenberg act.--The Act of June 9, 1930 (commonly known as the `Knutson-Vandenberg Act') (16 U.S.C. 576 et seq.), shall not apply to a stewardship contract. ``SEC. 606. COSTS OF REMOVAL. ``The Chief may collect deposits from a contractor to cover the costs of removal of timber or other forest products (including timber that the contractor did not harvest) under-- ``(1) the Act of August 11, 1916 (16 U.S.C. 490); and ``(2) the Act of June 30, 1914 (16 U.S.C. 498). ``SEC. 607. PERFORMANCE AND PAYMENT GUARANTEES. ``(a) In General.--The Chief may require performance and payment bonds under sections 28.103-2 and 28.103-3 of the Federal Acquisition Regulation, in an amount that the contracting officer considers sufficient to protect the investment in receipts by the Federal Government generated by the contractor from the estimated value of the forest products to be removed under a stewardship contract. ``(b) Excess Offset Value.--If the offset value of the forest products described in subsection (a) exceeds the value of the resource improvement treatments, the Chief may-- ``(1) collect any residual receipts under the Act of June 9, 1930 (commonly known as the `Knutson-Vandenberg Act') (16 U.S.C. 576 et seq.); and ``(2) apply the excess to other authorized stewardship projects. ``SEC. 608. MONITORING AND EVALUATION. ``(a) In General.--The Chief shall establish and participate in a multiparty monitoring and evaluation process that assesses the stewardship contracting projects conducted under this title. ``(b) Participants.--Participants in the process described in subsection (a) may include-- ``(1) any cooperating governmental agency, including a tribal government; and ``(2) any other interested group or individual. ``SEC. 609. REPORTING. ``Not later than 1 year after February 7, 2014, and annually thereafter, the Chief shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report on-- ``(1) the status of development, execution, and administration of stewardship contracts; ``(2) the specific accomplishments that have resulted from stewardship contracts; and ``(3) the role of local communities in the development of stewardship contract plans.''. (b) Conforming Amendments.--The table of contents for the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108- 148) is amended by striking the items relating to title VI and inserting the following: ``TITLE VI--STEWARDSHIP CONTRACTING ``Sec. 601. Definitions. ``Sec. 602. Projects. ``Sec. 603. Land management goals. ``Sec. 604. Agreements or contracts. ``Sec. 605. Receipts. ``Sec. 606. Costs of removal. ``Sec. 607. Performance and payment guarantees. ``Sec. 608. Monitoring and evaluation. ``Sec. 609. Reporting. ``TITLE VII--MISCELLANEOUS ``Sec. 701. Forest stands inventory and monitoring program to improve detection of and response to environmental threats. ``Sec. 702. Designation of treatment areas. ``Sec. 703. Administrative review.''.

This bill amends the Healthy Forests Restoration Act of 2003 to authorize the Forest Service to enter into stewardship contracting projects with private persons or other public entities to perform services to achieve land management goals for the National Forest System that meet local and rural community needs. The bill states that the land management goals of a project may include: (1) road and trail maintenance or obliteration to restore or maintain water quality; (2) soil productivity, habitat for wildlife and fisheries, or other resource values; (3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; (4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; (5) watershed restoration and maintenance; (6) restoration and maintenance of wildlife and fish; or (7) control of noxious and exotic weeds and reestablishing native plant species. The Forest Service shall establish and participate in a multiparty monitoring and evaluation process that assesses the projects conducted pursuant to this bill.

A bill to amend the Healthy Forests Restoration Act of 2003 to provide for stewardship contracting projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Survivor's Benefits Act of 2000''. SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S DEATH. (a) Old-age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendments.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendments.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which she remarries or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which he remarries or''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which such parent marries, or such parent''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with the month preceding the earlier of'' and by striking the comma after ``216(l))''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). SEC. 3. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM PROVISIONS. Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is amended by adding at the end the following new paragraph: ``(11) Notwithstanding any other provision of this Act, in applying the preceding provisions of this subsection (and determining maximum family benefits under column V of the table in or deemed to be in section 215(a) as in effect in December 1978) with respect to the month in which the insured individual's death occurs, the benefit payable to such individual for that month shall be disregarded.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after the month in which this Act is enacted.

Provides for disregard of such benefits for the individual for the month of death under provisions for determining maximum family benefits.

Family Survivor's Benefits Act of 2000

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) certain scattered parcels of Federal land in Gilpin County, Colorado, are administered by the Secretary of the Interior as part of the Royal Gorge Resource Area, Canon City District, Bureau of Land Management; (2) these land parcels, which comprises approximately 133 separate tracts of land, and range in size from approximately 38 acres to much less than an acre have been identified as suitable for disposal by the Bureau of Land Management through its resource management planning process and are appropriate for disposal; and (3) even though the Federal land parcels in Gilpin County, Colorado, are scattered and small in size, they nevertheless by virtue of their proximity to existing communities appear to have a fair market value which may be used by the Federal Government to exchange for lands which will better lend themselves to Federal management and have higher values for future public access, use and enjoyment, recreation, the protection and enhancement of fish and wildlife and fish and wildlife habitat, and the protection of riparian lands, wetland, scenic beauty and other public values. (b) Purpose.--It is the purpose of this Act to authorize, direct, facilitate and expedite the land exchange set forth herein in order to further the public interest by disposing of Federal lands with limited public utility and acquire in exchange therefor lands with important values for permanent public management and protection. SEC. 2. LAND EXCHANGE. (a) In General.--The exchange directed by this Act shall be consummated if within 90 days after enactment of this Act, Lake Gulch, Inc., a Colorado Corporation (as defined in section 4 of this Act) offers to transfer to the United States pursuant to the provisions of this Act the offered lands or interests in land described herein. (b) Conveyance by Lake Gulch.--Subject to the provisions of section 3 of this Act, Lake Gulch shall convey to the Secretary of the Interior all right, title, and interest in and to the following offered lands-- (1) certain lands comprising approximately 40 acres with improvements thereon located in Larimer County, Colorado, and lying within the boundaries of Rocky Mountain National Park as generally depicted on a map entitled ``Circle C Church Camp'', dated August 1994, which shall upon their acquisition by the United States and without further action by the Secretary of the Interior be incorporated into Rocky Mountain National Park and thereafter be administered in accordance with the laws, rules and regulations generally applicable to the National Park System and Rocky Mountain National Park; (2) certain lands located within and adjacent to the United States Bureau of Land Management San Luis Resource Area in Conejos County, Colorado, which comprise approximately 3,993 acres and are generally depicted on a map entitled ``Quinlan Ranches Tract'', dated August 1994; and (3) certain lands located within the United States Bureau of Land Management Royal Gorge Resource Area in Huerfano County, Colorado, which comprise approximately 4,700 acres and are generally depicted on a map entitled ``Bonham Ranch- Cucharas Canyon'', dated June 1995: Provided, That it is the intention of Congress that such lands may remain available for the grazing of livestock as determined appropriate by the Secretary in accordance with applicable laws, rules, and regulations: Provided further, That if the Secretary determines that certain of the lands acquired adjacent to Cucharas Canyon hereunder are not needed for public purposes they may be sold in accordance with the provisions of section 203 of the Federal Land Policy and Management Act of 1976 and other applicable law. (c) Substitution of Lands.--If one or more of the precise offered land parcels identified above is unable to be conveyed to the United States due to appraisal or other problems, Lake Gulch and the Secretary may mutually agree to substitute therefor alternative offered lands acceptable to the Secretary. (d) Conveyance by the United States.--(1) Upon receipt of title to the lands identified in subsection (a) the Secretary shall simultaneously convey to Lake Gulch all right, title, and interest of the United States, subject to valid existing rights, in and to the following selected lands-- (A) certain surveyed lands located in Gilpin County, Colorado, Township 3 South, Range 72 West, Sixth Principal Meridian, Section 18, Lots 118-220, which comprise approximately 195 acres and are intended to include all federally owned lands in section 18, as generally depicted on a map entitled ``Lake Gulch Selected Lands'', dated July 1994; (B) certain surveyed lands located in Gilpin County, Colorado, Township 3 South, Range 72 West, Sixth Principal Meridian, Section 17, Lots 37, 38, 39, 40, 52, 53, and 54, which comprise approximately 96 acres, as generally depicted on a map entitled ``Lake Gulch Selected Lands'', dated July 1994; and (C) certain unsurveyed lands located in Gilpin County, Colorado, Township 3 South, Range 73 West, Sixth Principal Meridian, Section 13, which comprise approximately 11 acres, and are generally depicted as parcels 302-304, 306, and 308-326 on a map entitled ``Lake Gulch Selected Lands'', dated July 1994: Provided, however, That a parcel or parcels of land in section 13 shall not be transferred to Lake Gulch if at the time of the proposed transfer the parcel or parcels are under formal application for transfer to a qualified unit of local government. Due to the small and unsurveyed nature of such parcels proposed for transfer to Lake Gulch in section 13, and the high cost of surveying such small parcels, the Secretary is authorized to transfer such section 13 lands to Lake Gulch without survey based on such legal or other description as the Secretary determines appropriate to carry out the basic intent of the map cited in this subparagraph. (2) If the Secretary and Lake Gulch mutually agree, and the Secretary determines it is in the public interest, the Secretary may utilize the authority and direction of this Act to transfer to Lake Gulch lands in sections 17 and 13 that are in addition to those precise selected lands shown on the map cited herein, and which are not under formal application for transfer to a qualified unit of local government, upon transfer to the Secretary of additional offered lands acceptable to the Secretary or upon payment to the Secretary by Lake Gulch of cash equalization money amounting to the full appraised fair market value of any such additional lands. If any such additional lands are located in section 13 they may be transferred to Lake Gulch without survey based on such legal or other description as the Secretary determines appropriate as long as the Secretary determines that the boundaries of any adjacent lands not owned by Lake Gulch can be properly identified so as to avoid possible future boundary conflicts or disputes. If the Secretary determines surveys are necessary to convey any such additional lands to Lake Gulch, the costs of such surveys shall be paid by Lake Gulch but shall not be eligible for any adjustment in the value of such additional lands pursuant to section 206(f)(2) of the Federal Land Policy and Management Act of 1976 (as amended by the Federal Land Exchange Facilitation Act of 1988) (43 U.S.C. 1716(f)(2)). (3) Prior to transferring out of public ownership pursuant to this Act or other authority of law any lands which are contiguous to North Clear Creek southeast of the City of Black Hawk, Colorado in the County of Gilpin, Colorado, the Secretary shall notify and consult with the County and City and afford such units of local government an opportunity to acquire or reserve pursuant to the Federal Land Policy and Management Act of 1976 or other applicable law, such easements or rights-of-way parallel to North Clear Creek as may be necessary to serve public utility line or recreation path needs: Provided, however, That any survey or other costs associated with the acquisition or reservation of such easements or rights-of-way shall be paid for by the unit or units of local government concerned. SEC. 3. TERMS AND CONDITIONS OF EXCHANGE. (a) Equalization of Values.--(1) The values of the lands to be exchanged pursuant to this Act shall be equal as determined by the Secretary of the Interior utilizing nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Standards for Federal Land Acquisition, the Uniform Standards of Professional Appraisal Practice, the provisions of section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)), and other applicable law. (2) In the event any cash equalization or land sale moneys are received by the United States pursuant to this Act, any such moneys shall be retained by the Secretary of the Interior and may be utilized by the Secretary until fully expended to purchase from willing sellers land or water rights, or a combination thereof, to augment wildlife habitat and protect and restore wetlands in the Bureau of Land Management's Blanca Wetlands, Alamosa County, Colorado. (3) Any water rights acquired by the United States pursuant to this section shall be obtained by the Secretary of the Interior in accordance with all applicable provisions of Colorado law, including the requirement to change the time, place, and type of use of said water rights through the appropriate State legal proceedings and to comply with any terms, conditions, or other provisions contained in an applicable decree of the Colorado Water Court. The use of any water rights acquired pursuant to this section shall be limited to water that can be used or exchanged for water that can be used on the Blanca Wetlands. Any requirement or proposal to utilize facilities of the San Luis Valley Project, Closed Basin Diversion, in order to effectuate the use of any such water rights shall be subject to prior approval of the Rio Grande Water Conservation District. (b) Restrictions on Selected Lands.--(1) Conveyance of the selected lands to Lake Gulch pursuant to this Act shall be contingent upon Lake Gulch executing an agreement with the United States prior to such conveyance, the terms of which are acceptable to the Secretary of the Interior, and which-- (A) grant the United States a covenant that none of the selected lands, (which currently lie outside the legally approved gaming area) shall ever be used for purposes of gaming should the current legal gaming area ever be expanded by the State of Colorado; and (B) permanently hold the United States harmless for liability and indemnify the United States against all costs arising from any activities, operations (including the storing, handling, and dumping of hazardous materials or substances) or other acts conducted by Lake Gulch or its employees, agents, successors or assigns on the selected lands after their transfer to Lake Gulch: Provided, however, That nothing in this Act shall be construed as either diminishing or increasing any responsibility or liability of the United States based on the condition of the selected lands prior to or on the date of their transfer to Lake Gulch. (2) Conveyance of the selected lands to Lake Gulch pursuant to this Act shall be subject to the existing easement for Gilpin County Road 6. (3) The above terms and restrictions of this subsection shall not be considered in determining, or result in any diminution in, the fair market value of the selected land for purposes of the appraisals of the selected land required pursuant to section 3 of this Act. (c) Revocation of Withdrawal.--The Public Water Reserve established by Executive order dated April 17, 1926 (Public Water Reserve 107), Serial Number Colorado 17321, is hereby revoked insofar as it affects the NW\1/4\ SW\1/4\ of Section 17, Township 3 South, Range 72 West, Sixth Principal Meridian, which covers a portion of the selected lands identified in this Act. SEC. 4. MISCELLANEOUS PROVISIONS. (a) Definitions.--As used in this Act. (1) The term ``Secretary'' means the Secretary of the Interior. (2) The term ``Lake Gulch'' means Lake Gulch, Inc., a Colorado corporation, or its successors, heirs or assigns. (3) The term ``offered land'' means lands to be conveyed to the United States pursuant to this Act. (4) The term ``selected land'' means lands to be transferred to Lake Gulch, Inc., or its successors, heirs or assigns pursuant to this Act. (5) The term ``Blanca Wetlands'' means an area of land comprising approximately 9,200 acres, as generally depicted on a map entitled ``Blanca Wetlands'', dated April 1994, or such land as the Secretary may add thereto by purchase from willing sellers after the date of enactment of this Act utilizing funds provided by this Act or such other moneys as Congress may appropriate. (b) Time Requirement for Completing Transfer.--It is the intent of Congress that unless the Secretary and Lake Gulch mutually agree otherwise the exchange of lands authorized and directed by this Act shall be completed not later than 6 months after the date of enactment of this Act. In the event the exchange cannot be consummated within such 6-month-time period, the Secretary, upon application by Lake Gulch, is directed to sell to Lake Gulch at appraised fair market value any or all of the parcels (comprising a total of approximately 11 acres) identified in section 2(d)(1)(C) of this Act as long as the parcel or parcels applied for are not under formal application for transfer to a qualified unit of local government. (c) Administration of Lands Acquired by United States.--In accordance with the provisions of section 206(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(c)), all lands acquired by the United States pursuant to this Act shall upon acceptance of title by the United States and without further action by the Secretary concerned become part of and be managed as part of the administrative unit or area within which they are located.

Directs the Secretary of the Interior to convey to Lake Gulch, Inc., a Colorado corporation, specified lands in Gilpin County, Colorado, in exchange for: (1) certain lands comprising approximately 40 acres located in Larimer County, Colorado, within the boundaries of Rock Mountain National Park; (2) certain lands located within and adjacent to the United States Bureau of Land Management San Luis Resource Area in Conejos County, Colorado; and (3) certain lands located within the United States Bureau of Land Management Royal Gorge Resource Area in Huerfano County, Colorado. Allows the Secretary of the Interior and Lake Gulch to agree to substitute alternative lands if one or more of the precise offered land parcels is unable to be conveyed. Directs the Secretary to notify and consult with the County and City and afford such units of local government the opportunity to acquire or reserve easements or rights-of-way parallel to North Clear Creek in Gilpin, Colorado, prior to transferring any lands which are contiguous to North Clear Creek out of public ownership. Expresses that the exchange will be contingent upon Lake Gulch executing an agreement with the United States: (1) containing terms which are acceptable to the Secretary of the Interior; (2) granting the United States a covenant that none of the selected lands (which currently lie outside the legally approved gaming area) will ever be used for gaming; and (3) permanently holding the United States harmless for liability and indemnifying the United States against all costs arising from activities, operations, or other acts conducted by Lake Gulch or its employees, agents, successors or assigns on the selected lands after their transfer to Lake Gulch.

A bill to provide for the exchange of certain lands in Gilpin County, Colorado.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grand Teton National Park Extension Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Park.--The term ``Park'' means the Grand Teton National Park. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Subdivision.--The term ``Subdivision'' means the GT Park Subdivision, with an area of approximately 49.67 acres, as generally depicted on-- (A) the plat recorded in the Office of the Teton County Clerk and Recorder on December 16, 1997, numbered 918, entitled ``Final Plat GT Park Subdivision'', and dated June 18, 1997; and (B) the map entitled ``2006 Proposed Grand Teton Boundary Adjustment'', numbered 136/80,198, and dated March 21, 2006, which shall be on file and available for inspection in appropriate offices of the National Park Service. SEC. 3. ACQUISITION OF LAND. (a) In General.--The Secretary may accept from any willing donor the donation of any land or interest in land of the Subdivision. (b) Administration.--On acquisition of land or an interest in land under subsection (a), the Secretary shall-- (1) include the land or interest in the boundaries of the Park; and (2) administer the land or interest as part of the Park, in accordance with all applicable laws (including regulations). (c) Deadline for Acquisition.--It is the intent of Congress that the acquisition of land or an interest in land under subsection (a) be completed not later than 1 year after the date of enactment of this Act. (d) Restriction on Transfer.--The Secretary shall not donate, sell, exchange, or otherwise transfer any land acquired under this section without express authorization from Congress. SEC. 4. CRAIG THOMAS DISCOVERY AND VISITOR CENTER. (a) Findings.--Congress finds that-- (1) Craig Thomas was raised on a ranch just outside of Cody, Wyoming, near Yellowstone National Park and Grand Teton National Park, where he-- (A) began a lifelong association with those parks; and (B) developed a deep and abiding dedication to the values of the public land of the United States; (2) during his 18-year tenure in Congress, including service in both the Senate and the House of Representatives, Craig Thomas forged a distinguished legislative record on issues as diverse as public land management, agriculture, fiscal responsibility, and rural health care; (3) as Chairman and Ranking Member of the National Parks Subcommittee of the Committee on Energy and Natural Resources of the Senate and a frequent visitor to many units of the National Park System, including Yellowstone National Park and Grand Teton National Park, Craig Thomas was a strong proponent for ensuring that people of all ages and abilities had a wide range of opportunities to learn more about the natural and cultural heritage of the United States; (4) Craig Thomas authored legislation to provide critical funding and management reforms to protect units of the National Park System into the 21st century, ensuring quality visits to units of the National Park System and the protection of natural and cultural resources; (5) Craig Thomas strongly supported public-private partnerships and collaboration between the National Park Service and other organizations that foster new opportunities for providing visitor services while encouraging greater citizen involvement in the stewardship of units of the National Park System; (6) Craig Thomas was instrumental in obtaining the Federal share for a public-private partnership with the Grand Teton National Park Foundation and the Grand Teton Natural History Association to construct a new discovery and visitor center at Grand Teton National Park; (7) on June 4, 2007, Craig Thomas passed away after battling cancer for 7 months; (8) Craig Thomas is survived by his wife, Susan, and children, Patrick, Greg, Peter, and Lexie; and (9) in memory of the distinguished career of service of Craig Thomas to the people of the United States, the dedication of Craig Thomas to units of the National Park System, generally, and to Grand Teton National Park, specifically, and the critical role of Craig Thomas in the new discovery and visitor center at Grand Teton National Park, the Grand Teton Discovery and Visitor Center should be designated as the ``Craig Thomas Discovery and Visitor Center''. (b) The Craig Thomas Discovery and Visitor Center.-- (1) Designation.--The Grand Teton Discovery and Visitor Center located in Moose, Wyoming, and scheduled for completion in August 2007 shall be known and designated as the ``Craig Thomas Discovery and Visitor Center''. (2) Reference.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Grand Teton Discovery and Visitor Center referred to in paragraph (1) shall be deemed to be a reference to the ``Craig Thomas Discovery and Visitor Center''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Grand Teton National Park Extension Act of 2007 - Authorizes the Secretary of the Interior to: (1 ) accept from any willing donor the donation of any land or interest in land of the GT Park Subdivision; and (2) upon acquisition of land or an interest, include the land or interest in the boundaries of Grand Teton National Park and administer the land or interest as part of the Park. States that it is the intent of Congress that the acquisition of land or an interest in land be completed not later than one year after the enactment of this Act. Prohibits the Secretary from donating, selling, exchanging, or otherwise transferring any land acquired under this Act without express authorization from Congress. Designates the Grand Teton Discovery and Visitor Center located in Moose, Wyoming, and scheduled for completion in August 2007, as the "Craig Thomas Discovery and Visitor Center." Authorizes appropriations.

A bill to modify the boundaries of Grand Teton National Park to include certain land within the GT Park Subdivision, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Star-Spangled Banner Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) During the Battle for Baltimore of the War of 1812, Francis Scott Key visited the British fleet in the Chesapeake Bay on September 7, 1814, to secure the release of Dr. William Beanes, who had been captured after the British burned Washington, DC. (2) The release of Dr. Beanes was secured, but Key and Beanes were held by the British during the shelling of Fort McHenry, one of the forts defending Baltimore. (3) On the morning of September 14, 1814, after the 25-hour British bombardment of Fort McHenry, Key peered through the clearing smoke to see a 42-foot by 30-foot American flag flying proudly atop the Fort. (4) He was so inspired to see the enormous flag still flying over the Fort that he began penning a song, which he named The Defence of Fort McHenry, to commemorate the occasion and he included a note that it should be sung to the tune of the popular British melody To Anacreon in Heaven. (5) In 1916, President Woodrow Wilson ordered that the anthem, which had been popularly renamed the Star-Spangled Banner, be played at military and naval occasions. (6) On March 3, 1931, President Herbert Hoover signed a resolution of Congress that officially designated the Star- Spangled Banner as the National Anthem of the United States. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins in commemoration of the bicentennial of the writing of the Star-Spangled Banner: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (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 War of 1812 and particularly the Battle for Baltimore that formed the basis for the Star- Spangled Banner. (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 ``2012''; 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 Maryland War of 1812 Bicentennial Commission 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.--Only one facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the calendar year beginning on January 1, 2012. 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 at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; and (2) $10 per coin for the $1 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 Maryland War of 1812 Bicentennial Commission for the purpose of supporting bicentennial activities, educational outreach activities (including supporting scholarly research and the development of exhibits), and preservation and improvement activities pertaining to the sites and structures relating to the War of 1812. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Maryland War of 1812 Bicentennial Commission 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 programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

Star-Spangled Banner Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins in commemoration of the bicentennial of the writing of the Star-Spangled Banner. Requires a coin design emblematic of the War of 1812, and in particular of, the Battle for Baltimore that formed the basis for the Star-Spangled Banner. Limits the period for coin issuance to calendar year 2012. Imposes a surcharge of $35 per coin for the $5 coins and $10 per coin for the $1 coins, which shall be distributed to the Maryland War of 1812 Bicentennial Commission for the purpose of supporting bicentennial activities, educational outreach activities, and preservation and improvement activities pertaining to the sites and structures relating to the War of 1812.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the bicentennial of the writing of the Star-Spangled Banner, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Jordan Defense Cooperation Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) From the $2,400,000,000 in total United States multilateral funding for the Syrian humanitarian crisis, the United States Government has provided $268,000,000 to the Hashemite Kingdom of Jordan. (2) As of August 2014, the United Nations High Commissioner for Refugees estimates there are more than 600,000 registered Syrian refugees in Jordan. (3) Jordan estimates that more than 800,000 unregistered refugees are in Jordan living outside of refugee camps, assimilated into local communities, which would bring the total to approximately 1,400,000 Syrian refugees in Jordan. (4) In February 2014, President Obama announced that the United States and Jordan will renew the non-binding memorandum of understanding that was signed in 2008 to provide assistance to Jordan over a 5-year period that reinforces the commitment to broaden cooperation and dialogue between the two countries in a variety of areas. (5) In 2000, the United States and Jordan signed a free- trade agreement that went into force in 2001. (6) In 1996, the United States granted Jordan major non- NATO ally status. (7) Jordan is suffering from the Syrian refugee crisis and the threat of the Islamic State of Iraq and the Levant (ISIL). (8) The Government of Jordan was elected as a non-permanent member of the United Nations Security Council beginning in January 2014 and terminating in December 2015. (9) Enhanced support for defense cooperation with Jordan is important to the national security of the United States, including through creation of a status in law for Jordan similar to the countries in the North Atlantic Treaty Organization, Japan, Australia, the Republic of Korea, Israel, and New Zealand, with respect to consideration by Congress of foreign military sales to Jordan. SEC. 3. STATEMENT OF POLICY. It should be the policy of the United States to support the Hashemite Kingdom of Jordan in its response to the Syrian refugee crisis, provide necessary assistance to alleviate the domestic burden to provide basic needs for the assimilated Syrian refugees, cooperate with Jordan to combat the terrorist threat from the Islamic State of Iraq and the Levant (ISIL) or other terrorist organizations, and help secure the border between Jordan and its neighbors Syria and Iraq. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that expeditious consideration of certifications of letters of offer to sell defense articles, defense services, design and construction services, and major defense equipment to the Hashemite Kingdom of Jordan under section 36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)) is fully consistent with United States security and foreign policy interests and the objectives of world peace and security. SEC. 5. AMENDMENTS TO ARMS EXPORT CONTROL ACT. The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended-- (1) in section 3 (22 U.S.C. 2753)-- (A) in subsection (b)(2), by inserting ``the Government of Jordan,'' before ``or the Government of New Zealand''; and (B) in subsection (d)-- (i) in paragraph (2)(B), by inserting `` Jordan,'' before ``or New Zealand''; (ii) in paragraph (3)(A)(i), by inserting `` Jordan,'' before ``or New Zealand''; and (iii) in paragraph (5), by inserting `` Jordan,'' before ``or New Zealand''; (2) in section 21 (22 U.S.C. 2761)-- (A) in subsection (e)(2)(A), by inserting `` Jordan,'' before ``or New Zealand''; and (B) in subsection (h)-- (i) in paragraph (1)(A), by inserting `` Jordan,'' before ``or Israel''; and (ii) in paragraph (2), by inserting `` Jordan,'' before ``or Israel'' both places it appears; (3) in section 36 (22 U.S.C. 2776)-- (A) in subsection (b)-- (i) in paragraph (1), by inserting `` Jordan,'' before `` or New Zealand''; (ii) in paragraph (2), by inserting `` Jordan,'' before ``or New Zealand''; and (iii) in paragraph (6), by inserting `` Jordan,'' before ``or New Zealand''; (B) in subsection (c), by inserting `` Jordan,'' before ``or New Zealand'' both places it appears; and (C) in subsection (d)(2)(A), by inserting `` Jordan,'' before ``or New Zealand''; (4) in section 62(c)(1) (22 U.S.C. 2796a(c)(1)), by inserting `` Jordan,'' before ``or New Zealand''; and (5) in section 63(a)(2) (22 U.S.C. 2796b(a)(2)), by inserting `` Jordan,'' before ``or New Zealand''. SEC. 6. AMENDMENT TO FOREIGN ASSISTANCE ACT OF 1961. Section 656(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2416(a)(2)) by inserting ``Jordan,'' before ``or New Zealand''. SEC. 7. MEMORANDUM OF UNDERSTANDING. (a) In General.--The Secretary of State is authorized, subject to the availability of appropriations, to enter into a Memorandum of Understanding with Jordan to increase military cooperation, including joint military exercises, personnel exchanges, support for international peacekeeping missions, and enhanced strategic dialogue. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out subsection (a) not less than $1,000,000,000 for each of the fiscal years 2015 through 2019. SEC. 8. FOREIGN MILITARY FINANCING PROGRAM. Amounts made available under the Foreign Military Financing (FMF) program estimated to be outlayed for Jordan during each of the fiscal years 2015 through 2019 shall be disbursed to an interest-bearing account for Jordan in the Federal Reserve Bank of New York not later than 30 days of the date of the enactment of this Act provided that-- (1) withdrawal of funds from such account shall be made only on authenticated instructions from the Defense Finance and Accounting Service of the Department of Defense; (2) in the event such account is closed, the balance of the account shall be transferred promptly to the appropriations account for the Foreign Military Financing Program; and (3) none of the interest accrued by such account should be obligated unless the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives and the Committee on Appropriations and the Committee on Foreign Relations of the Senate are notified.

United States-Jordan Defense Cooperation Act of 2014 - Expresses the sense of Congress that expeditious consideration of certifications of letters of offer to sell defense articles, defense services, design and construction services, and major defense equipment to the Hashemite Kingdom of Jordan is fully consistent with U. S. security and foreign policy interests and the objectives of world peace and security. Amends the Arms Export Control Act to include Jordan among the countries eligible for certain streamlined defense sales. Amends the Foreign Assistance Act of 1961 to include Jordan among the countries not required to be included in the annual foreign military training report submitted by the Department of Defense (DOD) and the Department of State to Congress. Authorizes the Secretary of State to enter into a Memorandum of Understanding with Jordan to increase military cooperation, including joint military exercises, personnel exchanges, support for international peacekeeping missions, and enhanced strategic dialogue. Makes specified funds for the foreign military financing funds program available for Jordan, subject to certain requirements.

United States-Jordan Defense Cooperation Act of 2014

SECTION 1. INFERTILITY BENEFITS. Section 8904 of title 5, United States Code, is amended by adding at the end the following: ``(c)(1) Each health benefits plan described by section 8903 or 8903a which provides obstetrical benefits shall also provide coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures. ``(2) Under this subsection-- ``(A) coverage for the diagnosis or treatment of infertility may not be subject to any copayment or deductible greater than applies with respect to obstetrical benefits under the plan involved; and ``(B) coverage for a procedure described in paragraph (5)(B) shall, in the case of any individual, be required only if-- ``(i) such individual has been unable to carry a pregnancy to live birth through less costly, medically appropriate infertility treatments for which such individual has coverage under this chapter; ``(ii) the procedure (including any retrieval incident thereto) is performed at medical facilities that conform to the standards of the American Society for Reproductive Medicine, the Society for Assisted Reproductive Technology, the American College of Obstetricians and Gynecologists, or any other similar nationally-recognized organization, or a Federal agency that promulgates standards for infertility procedures; and ``(iii) if the services of a laboratory are required, such laboratory is accredited by the College of American Pathologists' Reproductive Laboratory Accreditation Program or any other similar nationally- recognized program, or a Federal agency performing a similar function. ``(3)(A) Except as provided in subparagraph (B) or (C)-- ``(i) coverage for a procedure described in paragraph (5)(B) may be provided only if the individual involved has not already undergone 4 attempts to achieve a live birth using any such procedures; and ``(ii) coverage for an oocyte retrieval may be provided only if the individual involved has not already undergone 4 complete oocyte retrievals. ``(B) For purposes of clause (i) of subparagraph (A)-- ``(i) if a live birth results from the third attempt (using a procedure described in paragraph (5)(B)), such clause shall be applied by substituting `5' for `4'; and ``(ii) if a live birth results from the fourth attempt (using a procedure described in paragraph (5)(B)), such clause shall be applied by substituting `6' for the otherwise applicable lifetime maximum. ``(C) For purposes of clause (ii) of subparagraph (A)-- ``(i) if a live birth results from the third oocyte retrieval, such clause shall be applied by substituting `5' for `4'; and ``(ii) if a live birth results from the fourth oocyte retrieval, such clause shall be applied by substituting `6' for the otherwise applicable lifetime maximum. ``(4) In no event shall this subsection be considered to permit or require coverage-- ``(A) if, or to the extent that, the health benefits plan objects to such coverage on the basis of religious beliefs; or ``(B) in connection with any procedure or treatment, unless rendered by a physician or at the direction or request of a physician. ``(5) For purposes of this subsection-- ``(A) the term `infertility' means-- ``(i) the inability to conceive a pregnancy after 12 months of regular sexual relations without contraception or to carry a pregnancy to a live birth; or ``(ii) the presence of a demonstrated condition determined by 2 physicians (at least 1 of whom specializes in infertility) to cause infertility; and ``(B) the term `nonexperimental assisted reproductive technology procedure' means in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, and any other clinical treatment or procedure the safety and efficacy of which are recognized by the American Society for Reproductive Medicine, the American College of Obstetricians and Gynecologists, or any other similar nationally-recognized organization, or a Federal agency described in paragraph (2)(B)(iii). ``(6) The Office shall prescribe any regulations necessary to carry out this subsection.''. SEC. 2. EFFECTIVE DATE. The amendment made by this Act shall apply with respect to contracts entered into or renewed for any year beginning after the end of the 6-month period beginning on the date of enactment of this Act.

Amends Federal civil service law to require any health benefits plan under the Federal Employees Health Benefit Program that provides obstetrical benefits to also provide coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures.

To amend chapter 89 of title 5, United States Code, to provide that any health benefits plan which provides obstetrical benefits shall be required also to provide coverage for the diagnosis and treatment of infertility.

SECTION 1. PURPOSES AND DEFINITIONS. (a) Purposes.--The purposes of this Act are-- (1) to transfer administrative jurisdiction of certain Federal lands in Missouri from the Secretary of the Interior to the Secretary of Agriculture for continued Federal operation of the Mingo Job Corps Civilian Conservation Center; and (2) to not change the Secretary of Labor's role or authority regarding this Job Corps Center. (b) Definitions.--For the purposes of this Act-- (1) ``Center'' means the Mingo Job Corps Civilian Conservation Center in Stoddard County, Missouri, referenced in section 2(a) of this Act; (2) ``eligible employee'' means a person who, as of the date of enactment of this Act, is a full-time, part-time, or intermittent annual or per hour permanent Federal Government employee of the Fish and Wildlife Service at the Mingo Job Corps Civilian Conservation Center, including the two fully funded Washington Office Job Corps support staff; (3) ``Environmental Authorities'' mean all applicable Federal, State and local laws (including regulations) and requirements related to protection of human health, natural resources, or the environment, including but not limited to: the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601, et seq.); the Solid Waste Disposal Act (42 U.S.C. 6901, et seq.); the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.); the Clean Air Act (42 U.S.C. 7401, et seq.); the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136, et seq.); the Toxic Substances Control Act (15 U.S.C. 2601, et seq.); the Safe Drinking Water Act (42 U.S.C. 300f, et seq.); and the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.); (4) ``U.S. Fish and Wildlife Service'' means the United States Fish and Wildlife Service as referenced at title 16, United States Code, section 742b(b); (5) ``Forest Service'' means the Department of Agriculture Forest Service as established by the Secretary of Agriculture pursuant to the authority of title 16, United States Code, section 551; (6) ``Job Corps'' means the national Job Corps program established within the Department of Labor, as set forth in the Workforce Investment Act of 1998, Public Law No. 105-220, Sec. Sec. 141-161, 112 Stat. 1006-1021 (1998) (codified at 29 U.S.C. 2881-2901); (7) ``National Forest System'' means that term as defined at title 16, United States Code, section 1609(a); and (8) ``National Wildlife Refuge System'' means that term as defined at title 16, United States Code, section 668dd. SEC. 2. TRANSFER OF ADMINISTRATION. (a) Transfer of Center.--Administrative jurisdiction over the Mingo Job Corps Civilian Conservation Center, comprising approximately 87 acres in Stoddard County, Missouri, as generally depicted on a map entitled ``Mingo National Wildlife Refuge'', dated September 17, 2002, to be precisely identified in accordance with subsection (c) of this section, is hereby transferred, without consideration, from the Secretary of the Interior to the Secretary of Agriculture. (b) Maps and Legal Descriptions.-- (1) The map referenced in this section shall be on file and available for public inspection in the Office of the Chief, Forest Service, Washington, DC, and in the office of the Chief of Realty, U.S. Fish and Wildlife Service, Arlington, Virginia. (2) Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior, in consultation with the Secretary of Agriculture, shall file a legal description and map of all of the lands comprising the Center and being transferred by section 2(a) of this Act with the Committee on Resources of the United States House of Representatives and the Committee on Environment and Public Works of the United States Senate, and such description and map shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may make typographical corrections as necessary. (c) Applicable Laws.-- (1) Subject to section 3, the Center transferred pursuant to subsection (a) shall be administered by the Secretary of Agriculture and shall be subject to the laws and regulations applicable to the National Forest System. (2) This transfer shall not conflict or interfere with any laws and regulations applicable to Job Corps. SEC. 3. IMPLEMENTATION OF TRANSFER. (a) Reversion Requirement.-- (1) In the event that the Center is no longer used or administered for Job Corps purposes, as concurred to by the Secretary of Labor, the Secretary of Agriculture shall so notify the Secretary of the Interior, and the Secretary of the Interior shall have 180 days from the date of such notice to exercise discretion to reassume jurisdiction over such lands. (2) The reversionary provisions of subsection (a) shall be effected, without further action by the Congress, through a Letter of Transfer executed by the Chief, Forest Service, and the Director, United States Fish and Wildlife Service, and with notice thereof published in the Federal Register within 60 days of the date of the Letter of Transfer. (b) Authorizations.-- (1) In general.--A permit or other authorization granted by the U.S. Fish and Wildlife Service on the Center that is in effect on the date of enactment of this Act will continue with the concurrence of the Forest Service. (2) Reissuance.--A permit or authorization described in paragraph (1) may be reissued or terminated under terms and conditions prescribed by the Forest Service. (3) Exercise of rights.--The Forest Service may exercise any of the rights of the U.S. Fish and Wildlife Service contained in any permit or other authorization, including any right to amend, modify, and revoke the permit or authorization. (c) Contracts.-- (1) Existing contracts.--The Forest Service is authorized to undertake all rights and obligations of the U.S. Fish and Wildlife Service under contracts entered into by the U.S. Fish and Wildlife Service on the Center that is in effect on the date of enactment of this Act. (2) Notice of novation.--The Forest Service shall promptly notify all contractors that it is assuming the obligations of the U.S. Fish and Wildlife Service under such contracts. (3) Disputes.--Any contract disputes under the Contracts Disputes Act (41 U.S.C. 601, et seq.) regarding the administration of the Center and arising prior to the date of enactment of this Act shall be the responsibility of the U.S. Fish and Wildlife Service. (d) Memorandum of Agreement.-- (1) In general.--The Chief, Forest Service, and the Director, U.S. Fish and Wildlife Service, are authorized to enter into a memorandum of agreement concerning implementation of this Act, including procedures for-- (A) the orderly transfer of employees of the U.S. Fish and Wildlife Service to the Forest Service; (B) the transfer of property, fixtures, and facilities; (C) the transfer of records; (D) the maintenance and use of roads and trails; and (E) other transfer issues. (e) Agreements With the Secretary of Labor.--In the operation of the Center, the Forest Service will undertake the rights and obligations of the U.S. Fish and Wildlife Service with respect to existing agreements with the Secretary of Labor pursuant to Public Law 105-220 (29 U.S.C. 2887, et seq.), and the Forest Service will be the responsible agency for any subsequent agreements or amendments to existing agreements. (f) Records.-- (1) Area management records.--The Forest Service shall have access to all records of the U.S. Fish and Wildlife Service pertaining to the management of the Center. (2) Personnel records.--The personnel records of eligible employees transferred pursuant to this Act, including the Official Personnel Folder, Employee Performance File, and other related files, shall be transferred to the Forest Service. (3) Land title records.--The U.S. Fish and Wildlife Service shall provide to the Forest Service records pertaining to land titles, surveys, and other records pertaining to transferred real property and facilities. (g) Transfer of Personal Property.-- (1) In general.--All federally owned personal property present at the Center is hereby transferred without consideration to the jurisdiction of the Forest Service, except that with regard to personal property acquired by the Fish and Wildlife Service using funds provided by the Department of Labor under the Job Corps program, the Forest Service shall dispose of any such property in accordance with the procedures stated in section 7(e) of the 1989 Interagency Agreement for Administration of Job Corps Civilian Conservation Center Program, as amended, between the Department of Labor and the Department of the Interior. (2) Inventory.--Not later than 60 days after the date of enactment of this Act, the U.S. Fish and Wildlife Service shall provide the Forest Service with an inventory of all property and facilities at the Center. (3) Property included.--Property under this subsection includes, but is not limited to, buildings, office furniture and supplies, computers, office equipment, vehicles, tools, equipment, maintenance supplies, and publications. (4) Exclusion of property.--At the request of the authorized representative of the U.S. Fish and Wildlife Service, the Forest Service may exclude movable property from transfer based on a showing by the U.S. Fish and Wildlife Service that the property is needed for the mission of the U.S. Fish and Wildlife Service, cannot be replaced in a cost- effective manner, and is not needed for management of the Center. SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AUTHORITIES. (a) Documentation of Existing Conditions.-- (1) In general.--Within 60 days after the date of enactment of this Act, the U.S. Fish and Wildlife Service shall provide the Forest Service and the Office of Job Corps, Employment and Training Administration, Department of Labor, all reasonably ascertainable documentation and information that exists on the environmental condition of the land comprising the Center. (2) Additional documentation.--The U.S. Fish and Wildlife Service shall provide the Forest Service and the Office of Job Corps, Employment and Training Administration, Department of Labor, with any additional documentation and information regarding the environmental condition of the Center as such documentation and information becomes available. (b) Actions Required.-- (1) Assessment.--Within 120 days after the date of enactment of this Act, the U.S. Fish and Wildlife Service shall provide the Forest Service and the Office of Job Corps, Employment and Training Administration, Department of Labor, an assessment, consistent with ASTM Standard E1527, indicating what action, if any, is required on the Center under any Environmental Authorities. (2) Memorandum of agreement.--If the findings of the environmental assessment indicate that action is required under applicable Environmental Authorities with respect to any portion of the Center, the Forest Service and the U.S. Fish and Wildlife Service shall enter into a memorandum of agreement that-- (A) provides for the performance by the U.S. Fish and Wildlife Service of the required actions identified in the environmental assessment; and (B) includes a schedule for the timely completion of the required actions to be taken as agreed to by U.S. Fish and Wildlife Service and Forest Service. (c) Documentation of Actions.--After a mutually agreeable amount of time following completion of the environmental assessment, but not exceeding 180 days from such completion, the U.S. Fish and Wildlife Service shall provide the Forest Service and the Office of Job Corps, Employment and Training Administration, Department of Labor, with documentation demonstrating that all actions required under applicable Environmental Authorities have been taken that are necessary to protect human health and the environment with respect to any hazardous substance, pollutant, contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product on the Center. (d) Continuation of Responsibilities and Liabilities.-- (1) In general.--The transfer of the Center and the requirements of this section shall not in any way affect the responsibilities and liabilities of the U.S. Fish and Wildlife Service at the Center under any applicable Environmental Authorities. (2) Access.--At all times after the date of enactment of this Act, the U.S. Fish and Wildlife Service and its agents shall be accorded any access to the Center that may be reasonably required to carry out the responsibility or satisfy the liability referred to in paragraph (1). (3) No liability.--The Forest Service shall not be liable under any applicable Environmental Authorities for matters that are related directly or indirectly to activities of the U.S. Fish and Wildlife Service or the Department of Labor on the Center occurring on or before the date of enactment of this Act, including liability for-- (A) costs or performance of response actions required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601, et seq.) at or related to the Center; or (B) costs, penalties, fines, or performance of actions related to noncompliance with applicable Environmental Authorities at or related to the Center or related to the presence, release, or threat of release of any hazardous substance, pollutant, or contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product of any kind at or related to the Center, including contamination resulting from migration. (4) No effect on responsibilities or liabilities.--Except as provided in paragraph (3), nothing in this title affects, modifies, amends, repeals, alters, limits or otherwise changes, directly or indirectly, the responsibilities or liabilities under applicable Environmental Authorities with respect to the Forest Service after the date of enactment of this Act. (e) Other Federal Agencies.--Subject to the other provisions of this section, a Federal agency that carried or carries out operations at the Center resulting in the violation of an environmental authority shall be responsible for all costs associated with corrective actions and subsequent remediation. SEC. 5. PERSONNEL. (a) In General.-- (1) Employment.--Notwithstanding section 3503 of title 5, United States Code, the Forest Service will accept the transfer of eligible employees at their current pay and grade levels to administer the Center as of the date of enactment of this Act. (b) Transfer-Appointment in the Forest Service.--Eligible employees will transfer, without a break in Federal service and without competition, from the Department of the Interior, U.S. Fish and Wildlife Service, to the Department of Agriculture, Forest Service, upon an agreed date by both agencies. (c) Employee Benefit Transition.--Employees of the U.S. Fish and Wildlife Service who transfer to the Forest Service-- (1) shall retain all benefits and/or eligibility for benefits of Federal employment without interruption in coverage or reduction in coverage, including those pertaining to any retirement, Thrift Savings Plan (TSP), Federal Employee Health Benefit (FEHB), Federal Employee Group Life Insurance (FEGLI), leave, or other employee benefits; (2) shall retain their existing status with respect to the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS); (3) shall be entitled to carry over any leave time accumulated during their Federal Government employment; (4) shall retain their existing level of competitive employment status and tenure; and (5) shall retain their existing GM, GS, or WG grade level and pay. SEC. 6. IMPLEMENTATION COSTS AND APPROPRIATIONS. (a) The U.S. Fish and Wildlife Service and the Forest Service will cover their own costs in implementing this Act. (b) There is hereby authorized to be appropriated such sums as may be necessary to carry out this Act.

Transfers (with a reversionary interest for non-Job Corps use) administrative jurisdiction of certain Federal lands in Stoddard County, Missouri, from the Secretary of the Interior to the Secretary of Agriculture for continued operation of the Mingo Job Corps Civilian Conservation Center. Maintains Department of Labor agreements with respect to such Center.

To transfer federal lands between the Secretary of Agriculture and the Secretary of the Interior.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reciprocal Market Access Act of 2018''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) One of the fundamental tenets of the World Trade Organization (WTO) is reciprocal market access. This principle is underscored in the Marrakesh Agreement Establishing the World Trade Organization which called for ``entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations''. (2) The American people have a right to expect that the promises that trade negotiators and policy makers offer in terms of the market access opportunities that will be available to United States businesses and their employees if trade agreements are reached, will, in fact, be realized. A results- oriented approach must form the basis of future trade negotiations that includes verification procedures to ensure that the promised market access is achieved and that reciprocal trade benefits result. (3) With each subsequent round of bilateral, regional, and multilateral trade negotiations, tariffs have been significantly reduced or eliminated for many manufactured goods, leaving nontariff barriers as the most pervasive, significant, and challenging barriers to United States exports and market opportunities. (4) The United States market is widely recognized as one of the most open markets in the world. Average United States tariff rates are very low and the United States has limited, if any, nontariff barriers. (5) Often the only leverage the United States has to obtain the reduction or elimination of nontariff barriers imposed by foreign countries is to negotiate the amount of tariffs the United States imposes on imports from those foreign countries. (6) Under the current negotiating process, negotiations to reduce or eliminate tariff barriers and nontariff barriers are separate and self-contained, meaning that tradeoffs are tariff- for-tariff and nontariff-for-nontariff. As a result, a tariff can be reduced or eliminated without securing elimination of the real barrier or barriers that deny United States businesses access to a foreign market. (b) Purpose.--The purpose of this Act is to require that United States trade negotiations achieve measurable results for United States businesses by ensuring that trade agreements result in expanded market access for United States exports and not solely the elimination of tariffs on goods imported into the United States. SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMINATE RATES OF DUTY PURSUANT TO CERTAIN TRADE AGREEMENTS. (a) Limitation.--Notwithstanding any other provision of law, on or after the date of the enactment of this Act, the President may not agree to a modification of an existing duty that would reduce or eliminate the bound or applied rate of such duty on any product in order to carry out a trade agreement entered into between the United States and a foreign country until the President transmits to Congress a certification described in subsection (b). (b) Certification.--A certification referred to in subsection (a) is a certification by the President that-- (1) the United States has obtained the reduction or elimination of tariff and nontariff barriers and policies and practices of the government of a foreign country described in subsection (a) with respect to United States exports of any product identified by United States domestic producers as having the same physical characteristics and uses as the product for which a modification of an existing duty is sought by the President as described in subsection (a); and (2) a violation of any provision of the trade agreement described in subsection (a) relating to the matters described in paragraph (1) is immediately enforceable in accordance with the provisions of section 4. SEC. 4. ENFORCEMENT PROVISIONS. (a) Withdrawal of Tariff Concessions.--If the President does agree to a modification described in section 3(a), and the United States Trade Representative determines pursuant to subsection (c) that-- (1) a tariff or nontariff barrier or policy or practice of the government of a foreign country described in section 3(a) has not been reduced or eliminated; or (2) a tariff or nontariff barrier or policy or practice of such government has been imposed or discovered, the United States Trade Representative shall withdraw the modification until such time as the President transmits to Congress a certification described in section 3(b)(1). (b) Investigation.-- (1) In general.--The United States Trade Representative, in coordination with the Department of Labor, shall initiate an investigation if an interested party files a petition with the United States Trade Representative which alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a), and which is accompanied by information reasonably available to the petitioner supporting such allegations. (2) Interested party defined.--For purposes of paragraph (1), the term ``interested party'' means-- (A) a manufacturer, producer, or wholesaler in the United States of a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; (B) a certified union or recognized union or group of workers engaged in the manufacture, production, or wholesale in the United States of a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; (C) a trade or business association a majority of whose members manufacture, produce, or wholesale in the United States a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; or (D) a member of the Committee on Ways and Means of the House of Representatives or a member of the Committee on Finance of the Senate. (c) Determination by USTR.--Not later than 45 days after the date on which a petition is filed under subsection (b), the United States Trade Representative shall-- (1) determine whether the petition alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a); and (2) notify the petitioner of the determination under paragraph (1) and the reasons for the determination. SEC. 5. MARKET ACCESS ASSESSMENT BY UNITED STATES INTERNATIONAL TRADE COMMISSION. (a) In General.--With respect to any proposed trade agreement in which the President seeks a modification of an existing duty that would reduce or eliminate the bound or applied rate of such duty on any product in order to carry out a trade agreement entered into between the United States and a foreign country, the United States International Trade Commission shall initiate an investigation and report as to the possible market access opportunities of the modification or elimination of foreign tariff and nontariff measures for United States industries producing and exporting similar products. In preparing its report, the International Trade Commission shall identify the tariff and nontariff measures for such products and the expected opportunities for United States exports. (b) Consultation.--In preparing its report under subsection (a), the United States International Trade Commission shall, as appropriate, seek to obtain relevant information from domestic producers of similar products, industry associations, government representatives, and other interested organizations. (c) Report.-- (1) In general.--Not later than 240 days after the President notifies Congress of his intent to enter into negotiations for a proposed trade agreement described in subsection (a), or not later than 45 days after the President notifies Congress of his intent to enter into a trade agreement, whichever occurs first, the United States International Trade Commission shall submit to the United States Trade Representative, the Secretary of Commerce, and Congress the report required under subsection (a). (2) Form.--Such report shall be submitted in unclassified form, but may contain a classified annex, if necessary.

Reciprocal Market Access Act of 2018 This bill requires that reductions in tariff rates for imports into the United States are accompanied by reciprocal trade barrier reductions for the same U.S.-produced goods exported to the same foreign country. Before the President agrees to reduce or eliminate a rate of duty for any product to carry out a trade agreement between the United States and a foreign country, the President must certify to Congress that the foreign country has also reduced or eliminated tariff and non-tariff barriers for imports of the same goods from U.S. producers. Violations of a trade agreement by the foreign country are immediately enforceable under the bill. If the foreign country has not reduced a trade barrier as previously agreed, or has imposed a new one, the U.S. Trade Representative (USTR) shall withdraw the duty reduction for the same goods from that country. The bill allows interested parties to petition the USTR to investigate violations of trade agreements. Interested parties include manufacturers and wholesalers of the goods involved in the alleged violation, as well as unions and trade associations. The bill requires the U.S. International Trade Commission to investigate possible market access opportunities when the President seeks to reduce a rate of duty for an imported good.

Reciprocal Market Access Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fourth Amendment Restoration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Fourth Amendment of the United States Constitution states ``The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.''. (2) Prior to the American Revolution, American colonists objected to the issuance of writs of assistance, which were general warrants that did not specify either the place or goods to be searched. (3) Writs of assistance played an important role in the events that led to the American Revolution. (4) The Fourth Amendment of the United States Constitution was intended to protect against the issuance of general warrants, and to guarantee that only judges, not soldiers or police officers, are able to issue warrants. (5) Various provisions of the USA PATRIOT Act (Public Law 107-56; 115 Stat. 272) expressly violate the original intent of the Fourth Amendment of the United States Constitution. SEC. 3. LIMITATIONS ON ROVING WIRETAPS. Section 105(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is amended-- (1) in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following: ``(A)(i) the identity of the target of the electronic surveillance, if known; or ``(ii) if the identity of the target is not known, a description of the specific target and the nature and location of the facilities and places at which the electronic surveillance will be directed; ``(B)(i) the nature and location of each of the facilities or places at which the electronic surveillance will be directed, if known; or ``(ii) if any of the facilities or places are not known, the identity of the target;''; and (2) in paragraph (2)-- (A) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and (B) by inserting after subparagraph (A) the following: ``(B) in cases where the facility or place at which the electronic surveillance will be directed is not known at the time the order is issued, that the electronic surveillance be conducted only for such time as it is reasonable to presume that the target of the surveillance is or was reasonably proximate to the particular facility or place;''. SEC. 4. SUNSETS ON ROVING WIRETAP AUTHORITY AND ACCESS TO BUSINESS RECORDS. Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is amended to read as follows: ``(1) In general.-- ``(A) Section 206.--Effective December 31, 2013, the Foreign Intelligence Surveillance Act of 1978 is amended so that section 105(c)(2) (50 U.S.C. 1805(c)(2)) read as such section read on October 25, 2001. ``(B) Section 215.--Effective February 28, 2011, the Foreign Intelligence Surveillance Act of 1978 is amended so that sections 501 and 502 (50 U.S.C. 1861 and 1862) read as such sections read on October 25, 2001.''. SEC. 5. MINIMIZATION PROCEDURES. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish minimization and destruction procedures governing the acquisition, retention, and dissemination by the Federal Bureau of Investigation of any records received by the Federal Bureau of Investigation-- (1) in response to a National Security Letter issued under section 2709 of title 18, United States Code, section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414), or section 802(a) of the National Security Act of 1947 (50 U.S.C. 436(a)); or (2) pursuant to title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.). (b) Minimization and Destruction Procedures Defined.--In this section, the term ``minimization and destruction procedures'' means-- (1) specific procedures that are reasonably designed in light of the purpose and technique of a National Security Letter or a request for tangible things for an investigation to obtain foreign intelligence information, as appropriate, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information, including procedures to ensure that information obtained that is outside the scope of such National Security Letter or request, is returned or destroyed; (2) procedures that require that nonpublicly available information, which is not foreign intelligence information (as defined in section 101(e)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(e)(1))) shall not be disseminated in a manner that identifies any United States person, without the consent of the United States person, unless the identity of the United States person is necessary to understand foreign intelligence information or assess its importance; and (3) notwithstanding paragraphs (1) and (2), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes. SEC. 6. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS. Section 3511 of title 18, United States Code, is amended by adding at the end the following: ``(f) National Security Letters.--An officer or employee of the United States may not issue a National Security Letter under section 270 of title 18, United States Code, section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414), or section 802(a) of the National Security Act of 1947 (50 U.S.C. 436(a)) unless-- ``(1) the National Security Letter is submitted to a judge of the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803); and ``(2) such judge issues an order finding that a warrant could be issued under rule 41 of the Federal Rules of Criminal Procedure to search for and seize the information sought to be obtained in the National Security Letter.''. SEC. 7. JUDICIAL REVIEW OF SUSPICIOUS ACTIVITY REPORTS. Section 5318(g) of title 31, United States Code, is amended-- (1) in paragraph (1), by inserting before the period at the end ``, subject to judicial review under paragraph (5)''; and (2) by adding at the end the following: ``(5) Judicial review.--The Secretary may not, under this section or the rules issued under this section, or under any other provision of law, require any financial institution, director, officer, employee, or agent of any financial institution, or any other entity that is otherwise subject to regulation or oversight by the Secretary or pursuant to the securities laws (as that term is defined under section 3 of the Securities Exchange Act of 1934) to report any transaction under this section or its equivalent under such provision of law, unless the appropriate district court of the United States issues an order finding that a warrant could be issued under rule 41 of the Federal Rules of Criminal Procedure for the information sought to be obtained by the Secretary.''.

Fourth Amendment Restoration Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to impose limits on roving electronic surveillance by revising specifications and adding directions required to be included in the order of a designated judge approving such surveillance, including, in cases where the facility or place at which the electronic surveillance will be directed is unknown at the time the order is issued, that the electronic surveillance be conducted only for such time as reasonable to presume that the target of the surveillance is or was reasonably proximate to the particular facility or place. Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 to make the following FISA provisions, subject to exceptions, read as they read on October 25, 2001 (prior to enactment of the USA PATRIOT Act on October 26, 2001): (1) effective December 31, 2013, provisions specifying the directions to be contained in orders approving electronic surveillance of a foreign power or agent of a foreign power; and (2) effective February 28, 2011, provisions authorizing the Federal Bureau of Investigation (FBI) to apply for orders requiring production of business records and other tangible things in investigations related to foreign intelligence and international terrorism and directing the Attorney General (AG) to annually inform Congress of such requests. Directs the AG to establish minimization and destruction procedures, as specified, governing the acquisition, retention, and dissemination of any records received by the FBI: (1) in response to a national security letter issued under specified federal criminal code provisions authorizing the FBI to request telephone toll and transactional records from wire or electronic communication service providers for counterintelligence purposes, the Fair Credit Reporting Act, the Right to Financial Privacy Act of 1978, or the National Security Act of 1947; or (2) pursuant to the above FISA provisions authorizing the FBI to apply for production of business records and other tangible things and directing the AG to inform Congress of such requests. Sets forth provisions requiring judicial review of certain national security letters and suspicious activity reports.

A bill to modify the Foreign Intelligence Surveillance Act of 1978 and to require judicial review of National Security Letters and Suspicious Activity Reports to prevent unreasonable searches and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Competitiveness Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) Since early in our Nation's history, it has been the policy of the United States to maintain a strong United States maritime industry that-- (A) includes an operating fleet of modern United States-flag vessels that is sufficient to carry the domestic waterborne commerce of the United States and a substantial portion of the waterborne export and import foreign commerce of the United States, and to provide shipping service essential for maintaining the flow of such domestic and foreign waterborne commerce at all times; (B) includes a fleet of vessels under United States registry that is adequate to serve as a naval auxiliary in time of war or national emergency; (C) has a labor force composed of highly trained and efficient United States citizens; and (D) includes a United States shipbuilding industry with the most modern and efficient facilities. (2) The United States maritime industry has declined to the point that this longstanding national policy is imperiled. (3) There is a growing sentiment in favor of reforming the maritime laws and governmental practices in order to revitalize the industry. (4) Without such reform, it is foreseeable that the remaining United States-flag carriers will shift their operations to foreign-flag vessels and the Nation's shipbuilding industry and other sectors of the maritime industry will continue to decline. (5) A focused review of the United States maritime industry and impediments to its success should be undertaken in order to lay a solid foundation for reform. SEC. 3. AMENDMENT TO MERCHANT MARINE ACT, 1936. The Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), is amended by adding at the end the following new title: ``TITLE XIV--NATIONAL COMMISSION ON MARITIME INDUSTRY COMPETITIVENESS ``SEC. 1401. ESTABLISHMENT. ``There is established a commission to be known as the `National -C-o-m-m-i-t-t-e-e Commission to Ensure a Strong and Competitive United States Maritime Industry' (hereinafter referred to as the `Commission'). ``SEC. 1402. FUNCTIONS. ``(a) Investigation and Study.--The Commission shall make a complete investigation and study of the condition of the United States maritime industry, and impediments to a strong and competitive United States maritime industry. ``(b) Policy Recommendations.--Based on the results of the investigation and study to be conducted under subsection (a), the Commission shall recommend to the President and Congress those policies which should be adopted to-- ``(1) achieve the national goal of a strong and competitive United States maritime industry which will help to provide for the national defense and economic security; ``(2) revitalize the fleet of United States-flag vessels and maintain that fleet at a level sufficient to contribute to the national defense and the economic security of the Nation; ``(3) foster a viable United States shipbuilding industry to provide an industrial base for meeting present and future military and civilian shipbuilding needs; and ``(4) reduce the loss of seafaring and shipbuilding jobs for United States citizens so as to ensure the existence of a reliable maritime labor force. ``SEC. 1403. SPECIFIC MATTERS TO BE ADDRESSED. ``The Commission shall specifically investigate and study under section 1402(a) the following: ``(1) Current condition of united states maritime industry.--The current condition of the United States maritime industry, including how the condition of the industry is likely to change over the next ten years. ``(2) National defense.--The adequacy of the United States maritime industry to ensure the national defense. ``(3) Maritime labor.--Whether there is an adequate number of skilled mariners and shipyard workers, the level of training of United States mariners at training facilities in the United States, and the effect of wage rates on the global competitiveness of the United States maritime industry. ``(4) Impediments to a strong and competitive maritime industry.--Whether the Federal Government should take any legislative or administrative actions to improve the condition of the United States maritime industry, including whether any changes are needed in the legal and administrative policies which govern-- ``(A) support for United States-flag vessel operations; ``(B) the taxes and user fees imposed on United States maritime enterprises; ``(C) the regulatory requirements imposed on United States-flag vessels and their operators, including environmental, vessel construction, and safety standards; and ``(D) incentives to encourage investment in United States-flag vessel operations and United States shipbuilding. -`-`-(-4-) ``(5) International maritime policy.--Whether the policies and strategies followed by the United States in international maritime policy are promoting the ability of the United States maritime industry to achieve long-term competitive success in international markets, including-- ``(A) the Government's general negotiating policy; ``(B) the desirability of multilateral rather than bilateral negotiations; ``(C) the rights granted foreign investors to invest in United States-flag shipping and United States shipbuilding; and ``(D) the effect of subsidies and other financial assistance by foreign governments to their vessel operators and shipbuilders. ``SEC. 1404. MEMBERSHIP; ADMINISTRATIVE MATTERS. ``(a) Appointment.--The Commission shall be composed of 15 voting members and 11 nonvoting members as follows: ``(1) 5 voting members and 1 nonvoting member appointed by the President. ``(2) 3 voting members and 3 nonvoting members appointed by the majority leader of the Senate. ``(3) 2 voting members and 2 nonvoting members appointed by the minority leader of the Senate. ``(4) 3 voting members and 3 nonvoting members appointed by the Speaker of the House of Representatives. ``(5) 2 voting members and 2 nonvoting members appointed by the minority leader of the House of Representatives. ``(b) Qualifications.--Voting members appointed pursuant to subsection (a) shall be appointed from among individuals who are experts in commercial shipping, international trade, and related disciplines and who can represent United States-flag vessel operators (including domestic passenger vessel operators), seafaring and shipbuilding labor, shipbuilders, shippers, and the financial community with expertise in maritime matters. ``(c) Terms of Office.--Members shall be appointed for the life of the Commission. ``(d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. ``(e) Travel Expenses.--Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. ``(f) Chairman.--The President, in consultation with the majority leader of the Senate and the Speaker of the House of Representatives, shall designate the Chairman of the Commission from among its voting members. ``(g) Commission Panels.--The Chairman shall establish such panels consisting of voting members of the Commission as the Chairman determines appropriate to carry out the functions of the Commission. ``(h) Staff.--The Commission may appoint and fix the pay of such personnel as it considers appropriate. ``(i) Staff of Federal Agencies.--Upon request of the Commission, the head of any department or agency of the United States 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 title. ``(j) 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 duties under this title. ``(k) Staff and Other Support.--Upon the request of the Commission or a panel of the Commission, the Secretary of Transportation shall provide the Commission or panel with staff and other support to assist the Commission or panel in carrying out its responsibilities. ``(l) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information (other than information required by any statute of the United States to be kept confidential by such department or agency) necessary for the Commission to carry out its duties under this title. Upon request of the Commission, the head of that department or agency shall furnish such nonconfidential information to the Commission. ``SEC. 1405. REPORT. ``Not later than sixty days after the date on which the initial appointments of members to the Commission are completed, the Commission shall transmit to the President and Congress a report on the activities of the Commission, including recommendations made by the Commission under section 1402(b). ``SEC. 1406. TERMINATION. ``The Commission shall terminate on the 30th day after the date of transmittal of the report under section 1405. All records and papers of the Commission shall thereupon be delivered by the Administrator of General Services for deposit in the National Archives.''.

Maritime Competitiveness Act of 1993 - Amends the Merchant Marine Act, 1936 to establish the National Commission to Ensure a Strong and Competitive United States Maritime Industry. Terminates the Commission after transmittal of its report.

Maritime Competitiveness Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Priorities Act of 2007''. SEC. 2. FINDINGS. The Senate finds the following: (1) The United States has the highest rate of poverty and the highest rate of childhood poverty among 17 major countries in the Organization for Economic Cooperation and Development, including Germany, France, Italy, the United Kingdom, Canada, Australia, Austria, Belgium, Denmark, Finland, Ireland, the Netherlands, Norway, Spain, Sweden, and Switzerland. (2) 36,950,000 Americans are living in poverty, an increase of 5,400,000 since 2000. (3) 12,896,000 children in the United States under the age of 18 lived in poverty in 2005, and the number of children living in extreme poverty rose by 87,000 from 2004 to 2005. (4) In 2005, an estimated 33 percent of the homeless population were children and an estimated 1,350,000 children will experience homelessness in a year. (5) The number of uninsured Americans rose to 46,577,000 in 2005, 1,272,000 more than in the previous year, and the number of Americans without health insurance has risen for 4 consecutive years. (6) The United States Government must provide the funding necessary to ensure that our Nation's veterans receive the health care and other benefits they deserve and have earned in a timely fashion. (7) Millions of middle class American families are finding it increasingly difficult to afford the escalating cost of a college education with average tuition and other costs increasing by more than $4,300 at 4-year public universities and over $8,000 at 4-year private colleges since 2001. (8) The Surgeon General of the United States has reported that tooth decay has become the single most common chronic childhood disease--5 times more common than asthma and 7 times more common than hay fever. (9) Surveys have shown that dental problems cause children to miss more than 51,000,000 hours of school and adults to miss more than 164,000,000 hours of work each year. (10) In 42 States, child care fees are higher than tuition at a 4-year public university. (11) Seriously investing in renewable energy, energy efficient appliances, public transit, and high speed rail would create millions of decent-paying jobs, reduce our dependence on dirty fossil fuels, and reduce global warming. (12) The Department of Defense's increasingly large budget provides for total defense spending that is greater than that of the other 192 countries in the world combined. (13) The Government Accountability Office estimated in 2003 that the Department of Defense could not account for over $1,000,000,000,000 in funds appropriated to the Department of Defense. (14) The United States has the largest gap between the rich and the poor of any major industrialized country. (15) The wealthiest 400 Americans saw their combined net worth increase by $120,000,000,000 from 2004 to 2005. (16) The richest 400 Americans have a combined net worth of $1,250,000,000,000 equaling the annual income of over 45 percent of the entire world's population or 2,500,000,000 people. Of the world's 793 billionaires, over 400 are Americans. In 1989, we only had 66 billionaires in this country. (17) According to a December 2006 report by the Congressional Budget Office, the average after-tax income of the richest 1 percent of households rose from $722,000 in 2003 to $868,000 in 2004, after adjusting for inflation, a one-year increase of nearly $146,000, or 20 percent. This represents the largest increase in 15 years, measured both in percentage terms and in real dollars. (18) Median household income for working age families has declined for 5 years in a row. (19) During the presidency of George W. Bush, the United States has experienced the 3 largest Federal deficits in history, and the national debt has skyrocketed, attributable in large part to tax breaks to the wealthiest 1 percent. (20) The United States has a moral responsibility to expand the middle class, reduce the gap between the rich and the poor, keep our promises to veterans, lower the poverty rate, and reduce the Federal deficit by repealing tax breaks for the wealthiest 1 percent and eliminating waste, fraud, and abuse at the Pentagon. SEC. 3. RECISION OF 2001-2004 TAX CUTS FOR TOP ONE PERCENT OF INCOME EARNERS. With respect to any individual whose gross income for taxable year 2008 exceeds $400,000-- (1) section 901(a)(1) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of Act) shall be applied by substituting ``after December 31, 2007, and before January 1, 2009'' for ``after December 31, 2010'', and (2) section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (relating to sunset of title) shall be applied by substituting ``after December 31, 2007'' for ``after December 31, 2008''. The Secretary of the Treasury shall provide such forms as necessary to carry out the purposes of this section. SEC. 4. REDUCTION IN WASTE, FRAUD, AND ABUSE AT THE PENTAGON. Notwithstanding any other provision of law, Federal funding appropriated for the Department of Defense for fiscal year 2008 shall be reduced by $60,000,000,000. The Secretary of Defense is authorized to make such reductions by eliminating waste, fraud, and abuse, and weapon systems and other programs that are determined not to be a priority for current national security needs since the end of the Cold War. None of these reductions shall be made that harm the basic needs of United States military personnel or their quality of life, including necessary pay increases and health care. SEC. 5. EXPANSION OF INVESTMENTS FOR MIDDLE CLASS, VETERANS, SENIOR CITIZENS ON FIXED INCOME, AND LOW-INCOME FAMILIES WITH CHILDREN, AND DEFICIT REDUCTION. From amounts made available under sections 3 and 4, for fiscal year 2008-- (1) $575,000,000 shall be made available for consolidated health centers under section 330 of the Public Health Service Act (42 U.S.C. 254b); (2) $140,000,000 shall be made available to the Secretary of Health and Human Services for the workforce, capital, and equipment needed to establish or expand oral health services at community health centers and other community-based sites pursuant to subsequent authorization; (3) $15,000,000,000 shall be made available to carry out State child health plans under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.); (4) $4,000,000,000 shall be made available to the Secretary of Veterans Affairs to ensure that veterans receive the health care and other benefits that such veterans were promised without being put on a waiting list pursuant to subsequent authorization; (5) $2,200,000,000 shall be made available to carry out the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); (6) $7,200,000,000 shall be made available to carry out the Head Start Act (42 U.S.C. 9831 et seq.); (7) $14,900,000,000 shall be made available to carry out the grant program under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); (8) $16,200,000,000 shall be made available for the Secretary of Education to increase the maximum Pell Grant pursuant to subsequent authorization; (9) $500,000,000 shall be made available to the Secretary of Education to carry out the Federal TRIO programs and Gaining Early Awareness and Readiness for Undergraduate Program under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); (10) $27,085,000,000 shall be made available to the Secretary of Energy, Secretary of Transportation, and the Administrator of the Environmental Protection Agency for programs to increase energy efficiency and conservation and to increase investment in sustainable and renewable energy alternatives, public transit, and high speed rail pursuant to subsequent authorization; (11) $5,000,000,000 shall be made available to the Secretary of Housing and Urban Development to establish a national affordable housing trust fund for the construction, preservation, and rehabilitation of at least 150,000 affordable housing rental units in mixed-income locations in order to create 180,000 jobs pursuant to subsequent authorization; (12) $7,200,000,000 shall be made available to the Secretary of the Treasury to expand the earned income tax credit under section 32 of the Internal Revenue Code of 1986 pursuant to subsequent authorization; and (13) $30,000,000,000 shall be made available to reduce the Federal deficit.

National Priorities Act of 2007 - Rescinds after 2008 income tax reductions enacted under the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth Tax Relief Reconciliation Act of 2003 for taxpayers with gross incomes in 2008 of over $400,000. Reduces funding for the Department of Defense by $60 billion in FY2008. Authorizes the Secretary of Defense to make reductions by eliminating waste, fraud, and abuse, and weapon systems and other programs determined to be no longer a national security priority. Exempts from such reductions the needs of military personnel, including pay increases and health care. Dedicates increases in revenues resulting from this Act to: (1) various programs for health care, education, energy conservation, and affordable housing; (2) increasing the earned income credit; and (3) reducing the federal deficit.

A bill to expand the middle class, reduce the gap between the rich and the poor, keep our promises to veterans, lower the poverty rate, and reduce the Federal deficit by repealing tax breaks for the wealthiest one percent and eliminating unnecessary Cold War era defense spending, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Injury Compensation Reform Act of 1993''. SEC. 2. GENERAL PROVISIONS. (a) Congressional Findings.-- (1) Effect on interstate commerce.--The Congress finds that the health care and insurance industries are industries affecting interstate commerce and the medical malpractice litigation systems existing throughout the United States affect interstate commerce by contributing to the high cost of health care and premiums for malpractice insurance purchased by health care providers. (2) Effect on federal spending.--The Congress finds that the medical malpractice litigation systems existing throughout the United States have a significant effect on the amount, distribution, and use of Federal funds because of-- (A) the large number of individuals who receive health care benefits under programs operated or financed by the Federal Government; (B) the large number of individuals who benefit because of the exclusion from Federal taxes of the amounts spent by their employers to provide them with health insurance benefits; (C) the large number of health care providers and health care professionals who provide items or services for which the Federal Government makes payments; and (D) the large number of such providers and professionals who have received direct or indirect financial assistance from the Federal Government because of their status as such professionals or providers. (b) Applicability.--This Act shall apply with respect to any medical malpractice liability claim and to any medical malpractice liability action brought in any State or Federal court, except that this Act shall not apply to-- (1) a claim or action for damages arising from a vaccine- related injury or death to the extent that title XXI of the Public Health Service Act applies to the claim or action; or (2) a claim or action in which the claimant's sole allegation is an allegation of an injury arising from the use of a medical product. (c) Preemption of State Law.--Subject to section 10, this Act supersedes State law only to the extent that State law differs from any provision of law established by or under this Act. Any issue that is not governed by any provision of law established by or under this Act shall be governed by otherwise applicable State or Federal law. (d) Federal Court Jurisdiction Not Established on Federal Question Grounds.--Nothing in this Act shall be construed to establish any jurisdiction in the district courts of the United States over medical malpractice liability actions on the basis of section 1331 or 1337 of title 28, United States Code. SEC. 3. DEFINITIONS. As used in this Act: (1) Claimant.--The term ``claimant'' means any person who alleges a medical malpractice liability claim or, in the case of an individual who is deceased, incompetent, or a minor, the person on whose behalf such a claim is alleged. (2) Economic damages.--The term ``economic damages'' means damages paid to compensate an individual for losses for hospital and other medical expenses, lost wages, lost employment, and other pecuniary losses. (3) Health care professional.--The term ``health care professional'' means any individual who provides health care services in a State and who is required by State law or regulation to be licensed or certified by the State to provide such services in the State. (4) Health care provider.--The term ``health care provider'' means any organization or institution that is engaged in the delivery of health care services in a State and that is required by State law or regulation to be licensed or certified by the State to engage in the delivery of such services in the State. (5) Injury.--The term ``injury'' means any illness, disease, or other harm that is the subject of a medical malpractice liability action or claim. (6) Medical malpractice liability action.--The term ``medical malpractice liability action'' means a civil action (other than an action in which the claimant's sole allegation is an allegation of an intentional tort) brought in a State or Federal court against a health care provider or health care professional (regardless of the theory of liability on which the action is based) in which the claimant alleges a medical malpractice liability claim. (7) Medical malpractice liability claim.--The term ``medical malpractice liability claim'' means a claim in which the claimant alleges that injury was caused by the provision of (or the failure to provide) health care services. (8) Medical product.--The term ``medical product'' means a device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act) or a drug (as defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act). (9) Noneconomic damages.--The term ``noneconomic damages'' means damages paid to compensate an individual for losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of consortium, and other nonpecuniary losses, but does not include punitive damages. (10) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (11) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b) and section 11, this Act shall apply with respect to claims accruing or actions brought on or after the expiration of the 3-year period that begins on the date of the enactment of this Act. (b) Exception for States Requesting Earlier Implementation of Reforms.-- (1) Application.--A State may submit an application to the Secretary requesting the early implementation of this Act with respect to claims or actions brought in the State. (2) Decision by secretary.--The Secretary shall issue a response to a State's application under paragraph (1) not later than 90 days after receiving the application. If the Secretary determines that the State meets the requirements of this Act at the time of submitting its application, the Secretary shall approve the State's application, and this Act shall apply with respect to actions brought in the State on or after the expiration of the 90-day period that begins on the date the Secretary issues the response. If the Secretary denies the State's application, the Secretary shall provide the State with a written explanation of the grounds for the decision. SEC. 5. STATUTE OF LIMITATIONS. (a) In General.--No medical malpractice liability claim may be brought after the expiration of the 2-year period that begins on the date the alleged injury that is the subject of the action should reasonably have been discovered, but in no event after the expiration of the 4-year period that begins on the date the alleged injury occurred. (b) Exception for Minors.--In the case of an alleged injury suffered by a minor who has not attained 6 years of age, no medical malpractice liability claim may be brought after the expiration of the 2-year period that begins on the date the alleged injury that is the subject of the action should reasonably have been discovered, but in no event after the date on which the minor attains 10 years of age. SEC. 6. ATTORNEYS' FEES. (a) Limitation on Contingency Fees.--An attorney shall not contract for or collect a contingency fee for representing a claimant in a medical malpractice liability action in excess of the following: (1) 40 percent of the first $50,000 (or portion thereof) of the amount recovered by the claimant. (2) 33\1/3\ percent of the next $50,000 (or portion thereof) of the amount recovered by the claimant. (3) 25 percent of the next $500,000 (or portion thereof) of the amount recovered by the claimant. (4) 15 percent of any amounts recovered by the claimant in excess of $600,000. This subsection applies whether the recovery is by settlement, arbitration, or judgment. (b) Calculation of Periodic Payments.--If periodic payments are awarded to the claimant pursuant to section 7(b), the court shall place a total value on these payments based upon the projected life expectancy of the claimant and include this amount in computing the total award from which attorneys' fees are calculated under subsection (a). (c) Effect of Failure To Comply.--Failure to comply with this section by an attorney at law shall be grounds for professional discipline by the appropriate State agency responsible for the conduct of disciplinary actions against attorneys-at-law. (d) Definitions.--For purposes of this section-- (1) the term ``contingency fee'' means any fee for professional legal services which is in whole or in part contingent upon the recovery of any amount of damages, whether through judgment or settlement; and (2) the term ``recovered'' means the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim, except that costs of medical care incurred by the claimant and the attorney's office overhead costs or charges shall not be deductible disbursements under this paragraph. SEC. 7. CALCULATION AND PAYMENT OF DAMAGES. (a) Limitation on Noneconomic Damages.--The total amount of noneconomic damages that may be awarded to a claimant for losses resulting from the injury which is the subject of a medical malpractice liability action may not exceed $250,000, regardless of the number of parties against whom the action is brought or the number of actions brought with respect to the injury. (b) Periodic Payments for Future Losses.--If more than $50,000 in damages for expenses to be incurred in the future is awarded to the claimant in a medical malpractice liability action, the court shall, at the request of either party, enter a judgment ordering such damages to be paid on a periodic basis determined appropriate by the court (based upon projections of when such expenses are likely to be incurred). (c) Mandatory Offsets for Damages Paid by a Collateral Source.--The total amount of damages received by a claimant in a medical malpractice liability action shall be reduced by any other payment that has been or will be made to the individual to compensate the claimant for the injury that was the subject of the action, including payment under-- (1) Federal or State disability or sickness programs; (2) Federal, State, or private health insurance programs; (3) private disability insurance programs; (4) employer wage continuation programs; and (5) any other source of payment intended to compensate the claimant for such injury. SEC. 8. NOTICE OF ACTION. (a) Notice Requirement.-- (1) In general.--No medical malpractice liability action may be commenced unless the defendant has been given at least 90 days notice of the intention to commence the action. (2) Contents of notice.--The notice under paragraph (1) shall include the legal basis of the medical malpractice liability claim on which the action is based and the type of loss sustained, including the specific nature of the injuries suffered. (b) Effect on Statute of Limitations.--If the notice under paragraph (1) is served within 90 days before the expiration of the statute of limitations for filing the medical malpractice liability action, the time for commencing the action shall extend for 90 days after the notice under paragraph (1) is served. (c) Effect of Failure to Comply.--Failure to comply with this section shall not invalidate any court proceedings in the medical malpractice liability action involved, and shall not affect the jurisdiction of the court to render a judgment in the action, but a failure to comply with this section by an attorney at law shall be grounds for professional discipline by the appropriate State agency responsible for the conduct of disciplinary actions against attorneys- at-law. SEC. 9. INJUNCTIVE RELIEF. Whenever any person has engaged or is about to engage in any conduct in violation of this Act, the appropriate court may, upon application of an interested party, issue an injunction or other appropriate order restraining such conduct. SEC. 10. PREEMPTION. (a) In General.--The preceding provisions of this Act supersede any State law only to the extent that State law-- (1) permits the recovery of a greater amount of damages by claimant; (2) permits the collection of a greater amount of attorneys' fees by a claimant's attorney; or (3) establishes a longer period during which a medical malpractice liability claim may be initiated. (b) Effect on Sovereign Immunity and Choice of Law or Venue.-- Nothing in subsection (a) shall be construed to-- (1) waive or affect any defense of sovereign immunity asserted by any State under any provision of law; (2) waive or affect any defense of sovereign immunity asserted by the United States; (3) affect the applicability of any provision of the Foreign Sovereign Immunities Act of 1976; (4) preempt State choice-of-law rules with respect to claims brought by a foreign country or a citizen of a foreign country; or (5) affect the right of any court to transfer venue or to apply the law of a foreign country or to dismiss a claim of a foreign country or of a citizen of a foreign nation on the ground of inconvenient forum. SEC. 11. PERMITTING STATE PROFESSIONAL SOCIETIES TO PARTICIPATE IN DISCIPLINARY ACTIVITIES. (a) Role of Professional Societies.--Notwithstanding any other provision of State or Federal law, a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner may enter into agreements with State or county professional societies of such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner, and to review any health care malpractice action, health care malpractice claim or allegation, or other information concerning the practice patterns of any such health care practitioner. Any such agreement shall comply with subsection (b). (b) Requirements of Agreements.--Any agreement entered into under subsection (a) for licensing activities or the review of any health care malpractice action, health care malpractice claim or allegation, or other information concerning the practice patterns of a health care practitioner shall provide that-- (1) the health care professional society conducts such activities or review as expeditiously as possible; (2) after the completion of such review, such society shall report its findings to the State agency with which it entered into such agreement; (3) the conduct of such activities or review and the reporting of such findings be conducted in a manner which assures the preservation of confidentiality of health care information and of the review process; and (4) no individual affiliated with such society is liable for any damages or injury directly caused by the individual's actions in conducting such activities or review. (c) Agreements Not Mandatory.--Nothing in this section may be construed to require a State to enter into agreements with societies described in subsection (a) to conduct the activities described in such subsection. (d) Effective Date.--This section shall take effect 2 years after the date of the enactment of this Act.

Medical Injury Compensation Reform Act of 1993 - Makes this Act applicable, with exceptions, to: (1) any medical malpractice liability claim and action brought in State or Federal court; and (2) claims accruing or actions brought after three years after enactment of this Act. Specifies that nothing in this Act shall be construed to establish jurisdiction in U.S. district courts over medical malpractice liability actions on Federal question grounds. Prohibits a medical malpractice liability claim from being brought more than two years after the date the alleged injury should reasonably have been discovered, but in no event after four years after the alleged injury occurred, with an exception for minors. Sets forth provisions regarding: (1) attorney's fees (including limitations on contingency fees); (2) calculation and payment of damages (including limitations on noneconomic damages, periodic payments for future losses, and mandatory offsets for damages paid by a collateral source); (3) notice requirements; (4) injunctive relief; and (5) preemption. Permits State professional societies to participate in disciplinary activities.

Medical Injury Compensation Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Disparities Using Care Models and Education Act of 2015''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The infant death rate among African-Americans is more than double that of Whites. (2) The death rate for all cancers is 30-percent higher for African-Americans than for Whites; for prostate cancer, it is more than double that for Whites. (3) Black women have a higher death rate from breast cancer despite having a mammography screening rate that is nearly the same as the rate for White women. (4) In 2013, Asian-Americans and Pacific Islanders were the only racial group where cancer was the number one cause of death. Asian-Americans have the lowest screening rates for breast (64.1 percent), cervical (75.4 percent), and colorectal (46.9 percent) cancer, compared to all other racial groups; the cervical cancer rate for Vietnamese-American women is five times higher than for non-Hispanic Whites. (5) Diabetes incidence is highest among Native Americans, at 15.9 percent, followed by 13.2 percent for African- Americans, 12.8 percent for Hispanics, 9.0 percent for Asians, and 7.6 percent for Whites. In 2012, the percentage of Native Hawaiians and Pacific Islanders with diabetes was nearly two times higher than that of Whites. (6) New cases of hepatitis and tuberculosis are higher in Asians and Pacific Islanders living in the United States than in Whites. Half of all persons living with hepatitis B in the United States are Asian-American. (7) Individuals in same-sex couples were more likely than individuals in different-sex couples to report a delay in getting necessary prescriptions. (8) Infants born to Black women are 1.5 to 3 times more likely to die than those born to women of other races or ethnicities, and American Indian and Alaska Native infants die from sudden infant death syndrome (SIDS) at nearly 2.5 times the rate of White infants. (9) Low-income children have higher rates of mortality (even with the same condition), have higher rates of disability, and are more likely to have multiple conditions. (10) White children are half as likely as Black and Latino children not to be in excellent or very good health. (11) As of 2012, 38.9 percent of United States adults were obese, with the highest rate among African-Americans at 47.9 percent, followed by Hispanics at 42.5 percent, Whites at 32.6 percent, and Asians at 10.8 percent. Native Hawaiians and Pacific Islanders are 30-percent more likely to be obese than non-Hispanic Whites. Lack of disaggregated data among Asians can mask differences in the burden of obesity among ethnic groups. (12) The risk of stroke is twice as high for African- Americans as for Whites, and African-Americans are more likely to die of stroke. Other ethnic minorities also have higher risk than Whites. Overall, strokes are most prevalent in the Southeast United States, and less so in the Northeast. (13) African-Americans accounted for 44 percent of all those infected with HIV, despite being only 12 percent of the United States population. (14) Black men who have sex with men (MSM) ages 13 to 24 had the most new infections among youth. (15) Asian-Americans have the lowest rate of testing for HIV, with only four in 10 having ever been tested; Asian- American and Pacific Islander women have the lowest proportion (17.2 percent) of having ever been tested for HIV compared to other races. (16) Globally, transgender women are 49 times more likely to acquire HIV than the general population; in the United States, transgender women are 34 times more likely than the general population. (17) One study found that among heterosexuals living in the same urban community, those below the poverty line were twice as likely to contract human immunodeficiency virus (HIV). (18) Persons with less than a high school diploma (6.7 percent) and high school graduates (4.0 percent) were more likely to report major depression than those with at least some college education (2.5 percent). (19) Only about 10 percent of physicians practice in rural America despite the fact that nearly one-fourth of the population lives in these areas. (20) Rural residents are less likely to have employer- provided health care coverage or prescription drug coverage, and the rural poor are less likely to be covered by Medicaid benefits than their urban counterparts. (21) Twenty percent of nonmetropolitan counties lack mental health services versus 5 percent of metropolitan counties. (22) Forty-one percent of transgender people have reported attempting suicide compared to 1.6 percent of the general population. (23) Fifteen percent of persons with disabilities report not seeing a doctor due to cost in comparison to 6 percent of the general population. (24) Nineteen percent of transgender people have been refused medical care because of their gender identity. Twenty- eight percent have been harassed in a doctor's office. (25) More than 20 percent of the United States population speaks a language other than English at home. Among Asian- Americans, 32 percent are limited English proficient, meaning they speak English less than very well or not at all. Lack of linguistically accessible care presents health access challenges and can contribute to disparities for limited English speakers. SEC. 3. INSTITUTE OF MEDICINE STUDY. (a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall enter into an arrangement with the Institute of Medicine under which the Institute agrees to study-- (1) the extent of health disparities in the type and quality of preventive interventions, health services, and outcomes in all populations, including children, in the United States; (2) the factors that may contribute to inequities in such disparities; (3) existing programs and policies intended to reduce such disparities; (4) best practices and successful strategies in programs that aim to reduce such disparities; (5) priorities for successful intervention programs targeting such disparities; and (6) potential opportunities for expanding or replicating such programs. (b) Report.--The arrangement under subsection (a) shall provide for submission by the Institute of Medicine to the Secretary and Congress, not later than 20 months after the date of enactment of this Act, of a report on the results of the study. SEC. 4. GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF HEALTH DISPARITIES REDUCTION PROGRAMS AND ACTIVITIES. (a) Guidelines.--Not later than 90 days after the submission of the report described in section 3(b), and taking such report into consideration, the Secretary shall develop guidelines for entities to develop and implement programs and activities to reduce health disparities in all populations, including children. (b) Use by HHS.--The Secretary shall, where appropriate, incorporate the use of the guidelines developed under subsection (a) into the programs and activities of the Department of Health and Human Services. (c) Grants for Disparities Reduction Activities.-- (1) In general.--The Secretary may award grants to entities for the development and implementation of programs and activities to reduce health disparities in all populations, including children, in accordance with the guidelines described in subsection (a). (2) Applications.--To seek a grant under this subsection, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Minimum contents.--The Secretary shall require that an application for a grant under this subsection contains at a minimum-- (A) a description of the population and public health concern the program will target and an outreach plan to ensure that the most in need populations will benefit; (B) a description of the strategies the entity will use-- (i) to develop and implement its programs and activities in accordance with the guidelines developed under subsection (a); and (ii) to make the interventions sustainable; and (C) an agreement by the entities to periodically provide data with respect to-- (i) the population served; (ii) improvements in reducing health disparities; and (iii) effectiveness of the interventions used. (d) Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for fiscal year 2017 and such sums as may be necessary for each of fiscal years 2018 through 2021. SEC. 5. TESTING ALTERNATIVE PAYMENT AND DELIVERY MODELS TO REDUCE HEALTH DISPARITIES. (a) In General.--The Secretary acting through the Centers for Medicare and Medicaid Innovation under section 1115A of the Social Security Act (42 U.S.C. 1315a) shall provide for the testing of a payment and service delivery model that includes incentives for reducing health disparities in all populations, including children, consistent with the cost and quality criteria otherwise applicable to the testing of models under such section. (b) Documentation Requirement for Model Testing.--In carrying out subsection (a), the Secretary shall require that an application to conduct such testing of such a model include at least-- (1) documentation of at least one health disparity targeted for reduction; (2) a root-cause analysis of the health disparity targeted for reduction; (3) identification and selection of performance targets for such reduction; (4) a proposal to make payments in some way contingent on a reduction in health disparities; and (5) a reliable method for monitoring progress in achieving such a reduction. SEC. 6. DEFINITIONS. In this Act: (1) The term ``health disparity'' means significant disparity in the overall rate of disease incidence, prevalence, morbidity, mortality, or survival rates in a population as compared to the health status of the general population. (2) The term ``intervention'' means an activity taken by an entity on behalf of individuals or populations to reduce health disparities. (3) The term ``Secretary'' means the Secretary of Health and Human Services.

Reducing Disparities Using Care Models and Education Act of 2015 This bill requires the Department of Health and Human Services (HHS) to contract with the National Academy of Medicine (formerly known as the Institute of Medicine) to study health disparities, existing programs and policies intended to reduce disparities, and priorities for, and expansion of, programs targeting disparities. HHS must develop guidelines for entities to develop and implement programs to reduce health disparities. HHS must incorporate these guidelines into its activities. HHS may award grants for programs to reduce health disparities. The Innovation Center of the Centers for Medicare & Medicaid Services must test a payment and service delivery model that includes incentives for reducing health disparities.

Reducing Disparities Using Care Models and Education Act of 2015

SECTION 1. SHORT TITLE. This subtitle may be cited as the ``United States Fire Administration Reauthorization Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The number of lives lost each year because of fire has dropped significantly over the last 25 years in the United States. However, the United States still has one of the highest fire death rates in the industrialized world. In 2006, the National Fire Protection Association reported 3,245 civilian fire deaths, 16,400 civilian fire injuries, and $11,307,000,000 in direct losses due to fire. (2) Every year, more than 100 firefighters die in the line of duty. The United States Fire Administration should continue its leadership to help local fire agencies dramatically reduce these fatalities. (3) The Federal Government should continue to work with State and local governments and the fire service community to further the promotion of national voluntary consensus standards that increase firefighter safety. (4) The United States Fire Administration provides crucial support to the 30,300 fire departments of the United States through training, emergency incident data collection, fire awareness and education, and support of research and development activities for fire prevention, control, and suppression technologies. (5) The collection of data on fire and other emergency incidents is a vital tool both for policy makers and emergency responders to identify and develop responses to emerging hazards. Improving the data collection capabilities of the United States Fire Administration is essential for accurately tracking and responding to the magnitude and nature of the fire problems of the United States. (6) The research and development performed by the National Institute of Standards and Technology, the United States Fire Administration, other government agencies, and nongovernmental organizations on fire technologies, techniques, and tools advance the capabilities of the fire service of the United States to suppress and prevent fires. (7) Because of the essential role of the United States Fire Administration and the fire service community in preparing for and responding to national and man-made disasters, the United States Fire Administration should have a prominent place within the Federal Emergency Management Agency and the Department of Homeland Security. SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES FIRE ADMINISTRATION. Section 17(g)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216(g)(1)) is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (3) by adding after subparagraph (D) the following: ``(E) $70,000,000 for fiscal year 2009, of which $2,520,000 shall be used to carry out section 8(f); ``(F) $72,100,000 for fiscal year 2010, of which $2,595,600 shall be used to carry out section 8(f); ``(G) $74,263,000 for fiscal year 2011, of which $2,673,468 shall be used to carry out section 8(f); and ``(H) $76,490,890 for fiscal year 2012, of which $2,753,672 shall be used to carry out section 8(f).''. SEC. 4. NATIONAL FIRE ACADEMY TRAINING PROGRAM MODIFICATIONS AND REPORTS. (a) Amendments to Fire Academy Training.--Section 7(d)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1)) is amended-- (1) by amending subparagraph (H) to read as follows: ``(H) tactics and strategies for dealing with natural disasters, acts of terrorism, and other man-made disasters;''; (2) in subparagraph (K), by striking ``forest'' and inserting ``wildland''; (3) in subparagraph (M), by striking ``response''; (4) by redesignating subparagraphs (I) through (N) as subparagraphs (M) through (R), respectively; and (5) by inserting after subparagraph (H) the following: ``(I) tactics and strategies for fighting large-scale fires or multiple fires in a general area that cross jurisdictional boundaries; ``(J) tactics and strategies for fighting fires occurring at the wildland-urban interface; ``(K) tactics and strategies for fighting fires involving hazardous materials; ``(L) advanced emergency medical services training;''. (b) On-Site Training.--Section 7 of such Act (15 U.S.C. 2206) is amended-- (1) in subsection (c)(6), by inserting ``, including on-site training'' after ``United States''; (2) in subsection (f), by striking ``4 percent'' and inserting ``7.5 percent''; and (3) by adding at the end the following: ``(m) On-Site Training.-- ``(1) In general.--Except as provided in paragraph (2), the Administrator may enter into a contract with nationally recognized organizations that have established on-site training programs that comply with national voluntary consensus standards for fire service personnel to facilitate the delivery of the education and training programs outlined in subsection (d)(1) directly to fire service personnel. ``(2) Limitation.-- ``(A) In general.--The Administrator may not enter into a contract with an organization described in paragraph (1) unless such organization provides training that-- ``(i) leads to certification by a program that is accredited by a nationally recognized accreditation organization; or ``(ii) the Administrator determines is of equivalent quality to a fire service training program described by clause (i). ``(B) Approval of unaccredited fire service training programs.--The Administrator may consider the fact that an organization has provided a satisfactory fire service training program pursuant to a cooperative agreement with a Federal agency as evidence that such program is of equivalent quality to a fire service training program described by subparagraph (A)(i). ``(3) Restriction on use of funds.--The amounts expended by the Administrator to carry out this subsection in any fiscal year shall not exceed 7.5 per centum of the amount authorized to be appropriated in such fiscal year pursuant to section 17.''. (c) Triennial Reports.--Such section 7 (15 U.S.C. 2206) is further amended by adding at the end the following: ``(n) Triennial Report.--In the first annual report filed pursuant to section 16 for which the deadline for filing is after the expiration of the 18-month period that begins on the date of the enactment of the United States Fire Administration Reauthorization Act of 2008, and in every third annual report thereafter, the Administrator shall include information about changes made to the National Fire Academy curriculum, including-- ``(1) the basis for such changes, including a review of the incorporation of lessons learned by emergency response personnel after significant emergency events and emergency preparedness exercises performed under the National Exercise Program; and ``(2) the desired training outcome of all such changes.''. (d) Report on Feasibility of Providing Incident Command Training for Fires at Ports and in Marine Environments.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the United States Fire Administration shall submit to Congress a report on the feasibility of providing training in incident command for appropriate fire service personnel for fires at United States ports and in marine environments, including fires on the water and aboard vessels. (2) Contents.--The report required by paragraph (1) shall include the following: (A) A description of the necessary curriculum for training described in paragraph (1). (B) A description of existing training programs related to incident command in port and maritime environments, including by other Federal agencies, and the feasibility and estimated cost of making such training available to appropriate fire service personnel. (C) An assessment of the feasibility and advisability of the United States Fire Administration developing such a training course in incident command for appropriate fire service personnel for fires at United States ports and in marine environments, including fires on the water and aboard vessels. (D) A description of the delivery options for such a course and the estimated cost to the United States Fire Administration for developing such a course and providing such training for appropriate fire service personnel. SEC. 5. NATIONAL FIRE INCIDENT REPORTING SYSTEM UPGRADES. (a) Incident Reporting System Database.--Section 9 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2208) is amended by adding at the end the following: ``(d) National Fire Incident Reporting System Update.-- ``(1) In general.--The Administrator shall update the National Fire Incident Reporting System to ensure that the information in the system is available, and can be updated, through the Internet and in real time. ``(2) Limitation.--Of the amounts made available pursuant to subparagraphs (E), (F), and (G) of section 17(g)(1), the Administrator shall use not more than an aggregate amount of $5,000,000 during the 3-year period consisting of fiscal years 2009, 2010, and 2011 to carry out the activities required by paragraph (1).''. (b) Technical Correction.--Section 9(b)(2) of such Act (15 U.S.C. 2208(b)(2)) is amended by striking ``assist State,'' and inserting ``assist Federal, State,''. SEC. 6. FIRE TECHNOLOGY ASSISTANCE AND RESEARCH DISSEMINATION. (a) Assistance to Fire Services for Fire Prevention and Control in Wildland-Urban Interface.--Section 8(d) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2207(d)) is amended to read as follows: ``(d) Rural and Wildland-Urban Interface Assistance.--The Administrator may, in coordination with the Secretary of Agriculture, the Secretary of the Interior, and the Wildland Fire Leadership Council, assist the fire services of the United States, directly or through contracts, grants, or other forms of assistance, in sponsoring and encouraging research into approaches, techniques, systems, equipment, and land-use policies to improve fire prevention and control in-- ``(1) the rural and remote areas of the United States; and ``(2) the wildland-urban interface.''. (b) Technology Research Dissemination.--Section 8 of such Act (15 U.S.C. 2207) is amended by adding at the end the following: ``(h) Publication of Research Results.-- ``(1) In general.--For each fire-related research program funded by the Administration, the Administrator shall make available to the public on the Internet website of the Administration the following: ``(A) A description of such research program, including the scope, methodology, and goals thereof. ``(B) Information that identifies the individuals or institutions conducting the research program. ``(C) The amount of funding provided by the Administration for such program. ``(D) The results or findings of the research program. ``(2) Deadlines.-- ``(A) In general.--Except as provided in subparagraph (B), the information required by paragraph (1) shall be published with respect to a research program as follows: ``(i) The information described in subparagraphs (A), (B), and (C) of paragraph (1) with respect to such research program shall be made available under paragraph (1) not later than 30 days after the Administrator has awarded the funding for such research program. ``(ii) The information described in subparagraph (D) of paragraph (1) with respect to a research program shall be made available under paragraph (1) not later than 60 days after the date such research program has been completed. ``(B) Exception.--No information shall be required to be published under this subsection before the date that is 1 year after the date of the enactment of the United States Fire Administration Reauthorization Act of 2008.''. SEC. 7. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER HEALTH AND SAFETY. The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by adding at the end the following: ``SEC. 37. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER HEALTH AND SAFETY. ``The Administrator shall promote adoption by fire services of national voluntary consensus standards for firefighter health and safety, including such standards for firefighter operations, training, staffing, and fitness, by-- ``(1) educating fire services about such standards; ``(2) encouraging the adoption at all levels of government of such standards; and ``(3) making recommendations on other ways in which the Federal Government can promote the adoption of such standards by fire services.''. SEC. 8. STATE AND LOCAL FIRE SERVICE REPRESENTATION AT NATIONAL OPERATIONS CENTER. Section 515 of the Homeland Security Act of 2002 (6 U.S.C. 321d) is amended by adding at the end the following: ``(c) State and Local Fire Service Representation.-- ``(1) Establishment of position.--The Secretary shall, in consultation with the Administrator of the United States Fire Administration, establish a fire service position at the National Operations Center established under subsection (b) to ensure the effective sharing of information between the Federal Government and State and local fire services. ``(2) Designation of position.--The Secretary shall designate, on a rotating basis, a State or local fire service official for the position described in paragraph (1). ``(3) Management.--The Secretary shall manage the position established pursuant to paragraph (1) in accordance with such rules, regulations, and practices as govern other similar rotating positions at the National Operations Center.''. SEC. 9. COORDINATION REGARDING FIRE PREVENTION AND CONTROL AND EMERGENCY MEDICAL SERVICES. (a) In General.--Section 21(e) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2218(e)) is amended to read as follows: ``(e) Coordination.-- ``(1) In general.--To the extent practicable, the Administrator shall use existing programs, data, information, and facilities already available in other Federal Government departments and agencies and, where appropriate, existing research organizations, centers, and universities. ``(2) Coordination of fire prevention and control programs.-- The Administrator shall provide liaison at an appropriate organizational level to assure coordination of the activities of the Administrator with Federal, State, and local government agencies and departments and nongovernmental organizations concerned with any matter related to programs of fire prevention and control. ``(3) Coordination of emergency medical services programs.--The Administrator shall provide liaison at an appropriate organizational level to assure coordination of the activities of the Administrator related to emergency medical services provided by fire service-based systems with Federal, State, and local government agencies and departments and nongovernmental organizations so concerned, as well as those entities concerned with emergency medical services generally.''. (b) Fire Service-Based Emergency Medical Services Best Practices.-- Section 8(c) of such Act (15 U.S.C. 2207(c)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following new paragraph: ``(2) The Administrator is authorized to conduct, directly or through contracts or grants, studies of the operations and management aspects of fire service-based emergency medical services and coordination between emergency medical services and fire services. Such studies may include the optimum protocols for on-scene care, the allocation of resources, and the training requirements for fire service-based emergency medical services.''. SEC. 10. AMENDMENTS TO DEFINITIONS. Section 4 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203) is amended-- (1) in paragraph (3), by striking ``Administration'' and inserting ``Administration, within the Federal Emergency Management Agency''; (2) in paragraph (7), by striking the ``and'' after the semicolon; (3) in paragraph (8), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(9) `wildland-urban interface' has the meaning given such term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).''. SEC. 11. SUPPORTING THE ADOPTION OF FIRE SPRINKLERS. Congress supports the recommendations of the United States Fire Administration regarding the adoption of fire sprinklers in commercial buildings and educational programs to raise awareness of the important of installing fire sprinklers in residential buildings. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

United States Fire Administration Reauthorization Act of 2008 - (Sec. 3) Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for the U.S. Fire Administration (USFA) for FY2009-FY2012. (Sec. 4) Authorizes the Superintendent of the National Academy for Fire Prevention and Control to include within fire service personnel training: (1) tactics and strategies for dealing with natural disasters, acts of terrorism, and other man-made disasters; (2) applying new technology and developing strategies and tactics for fighting wildfires; (3) tactics and strategies for fighting large-scale or multiple fires in a general area that cross jurisdictional boundaries, fires occurring at the wildland-urban interface, and fires involving hazardous materials; and (4) advanced emergency medical services training. Increases (from 4% to 7.5%) the percentage of authorized USFA appropriations that may be used for assistance to state and local fire service training programs. Authorizes the Superintendent to conduct on-site training. Authorizes the Administrator of USFA to contract with nationally recognized organizations that have established on-site training programs that comply with national voluntary consensus standards for fire service personnel to facilitate the delivery of USFA education and training programs directly to such personnel. Prohibits the Administrator from: (1) contracting with an organization unless it provides training that leads to certification by a nationally recognized accreditation organization or an equivalent program; and (2) expending, in any fiscal year, sums exceeding 7.5% of authorized USFA appropriations for on-site training. Requires the Administrator to: (1) include in every third annual report information about changes made to the National Fire Academy curriculum; and (2) report on the feasibility of providing training in incident command for appropriate fire service personnel for fires at U.S. ports and in marine environments, including fires on the water and aboard vessels. (Sec. 5) Directs the Administrator to update the National Fire Incident Reporting system to ensure that the information in the system is available, and can be updated, through the Internet and in real time. (Sec. 6) Authorizes the Administrator to coordinate with the Secretary of Agriculture, the Secretary of the Interior, and the Wildland Fire Leadership Council, in assisting the nation's fire services in rural and remote areas. Provides for such assistance to include: (1) sponsoring and encouraging research into land-use policies; and (2) assistance to improve fire prevention and control in the wildland-urban interface. Requires the Administrator, for each fire-related research program funded, to make available to the public on USFA's website: (1) a description of such research program, including its scope, methodology, and goals; (2) information that identifies the individuals or institutions conducting the program; (3) the amount of funding provided by USFA; and (4) the results or findings. Sets forth deadlines for the publication of such information. (Sec. 7) Requires the Administrator to promote adoption by fire services of voluntary national consensus standards for firefighter health and safety. (Sec. 8) Directs the Secretary of Homeland Security to: (1) establish a fire service position at the National Operations Center to ensure the effective sharing of information between the federal government and state and local fire services; and (2) designate a state or local fire service official for that position on a rotating basis. (Sec. 9) Includes among the Administrator's coordination responsibilities to provide liaison to assure coordination related to emergency medical services (EMS) provided by fire service-based systems with federal, state, and local government agencies and nongovernmental organizations, as well as entities concerned with EMS generally. Authorizes the Administrator to conduct studies of the operations and management aspects of fire service-based EMS and coordination between EMS and fire services, which may include optimum protocols for on-scene care, resource allocation, and training requirements. (Sec. 11) Expresses support for USFA recommendations regarding the adoption of fire sprinklers in commercial buildings and educational programs to raise awareness of the importance of installing fire sprinklers in residential buildings.

A bill to reauthorize the United States Fire Administration, and for other purposes.

SECTION 1. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS. (a) Procedures.-- (1) In general.--The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by inserting after section 103 the following new section: ``SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS. ``(a) Collection.--The Presidential designee shall establish procedures for collecting marked absentee ballots of absent overseas uniformed services voters in regularly scheduled general elections for Federal office, including absentee ballots prepared by States and Federal write-in absentee ballots prescribed under section 103, and for delivering the ballots to the appropriate election officials. ``(b) Ensuring Delivery Prior to Closing of Polls.-- ``(1) In general.--Under the procedures established under this section, the Presidential designee shall ensure that any marked absentee ballot for a regularly scheduled general election for Federal office which is collected prior to the deadline described in paragraph (3) is delivered to the appropriate election official in a State prior to the time established by the State for the closing of the polls on the date of the election. ``(2) Contract with express mail providers.-- ``(A) In general.--The Presidential designee shall carry out this section by contract with one or more providers of express mail services. ``(B) Special rule for voters in jurisdictions using post office boxes for collection of marked absentee ballots.--In the case of an absent uniformed services voter who wishes to use the procedures established under this section and whose marked absentee ballot is required by the appropriate election official to be delivered to a post office box, the Presidential designee shall enter into an agreement with the United States Postal Service for the delivery of the ballot to the election official under the procedures established under this section. ``(3) Deadline described.-- ``(A) In general.--Except as provided in subparagraph (B), the deadline described in this paragraph is noon (in the location in which the ballot is collected) on the last Tuesday that precedes the date of the election. ``(B) Authority to establish alternative deadline for certain locations.--If the Presidential designee determines that the deadline described in subparagraph (A) is not sufficient to ensure timely delivery of the ballot under paragraph (1) with respect to a particular location because of remoteness or other factors, the Presidential designee may establish as an alternative deadline for that location the latest date occurring prior to the deadline described in subparagraph (A) which is sufficient to ensure timely delivery of the ballot under paragraph (1). ``(4) Prohibition on refusal by states to accept marked absentee ballots not delivered by postal service or in person.--A State may not refuse to accept or process any marked absentee ballot delivered under the procedures established under this section on the grounds that the ballot is received by the State other than through delivery by the United States Postal Service. ``(c) Tracking Mechanism.--Under the procedures established under this section, the entity responsible for delivering marked absentee ballots to the appropriate election officials shall implement procedures to enable any individual whose ballot for a regularly scheduled general election for Federal office is collected by the Presidential designee to determine whether the ballot has been delivered to the appropriate election official, using the Internet, an automated telephone system, or such other methods as the entity may provide. ``(d) Absent Overseas Uniformed Services Voter Defined.--In this section, the term `absent overseas uniformed services voter' means an overseas voter described in section 107(5)(A). ``(e) Authorization of Appropriations.--There are authorized to be appropriated to the Presidential designee such sums as may be necessary to carry out this section.''. (2) Effective date.--Section 103A of the Uniformed and Overseas Citizens Absentee Voting Act, as added by this subsection, shall apply with respect to each regularly scheduled general election for Federal office held on or after November 1, 2010. (b) Conforming Amendments.-- (1) Federal responsibilities.--Section 101(b) of such Act (42 U.S.C. 1973ff(b)) is amended-- (A) by striking ``and'' at the end of paragraph (6); (B) by striking the period at the end of paragraph (7) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(8) carry out section 103A with respect to the collection and delivery of marked absentee ballots of absent overseas uniformed services voters in elections for Federal office.''. (2) State responsibilities.--Section 102(a) of such Act (42 U.S.C. 1973ff--1(a)) is amended-- (A) by striking ``and'' at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(6) carry out section 103A(b)(2) with respect to the processing and acceptance of marked absentee ballots of absent overseas uniformed services voters.''. (c) Outreach for Absent Overseas Uniformed Services Voters on Procedures.--The Presidential designee shall take appropriate actions to inform individuals who are anticipated to be absent overseas uniformed services voters in the regularly scheduled general election for Federal office held in November 2008 of the procedures for the collection and delivery of marked absentee ballots established pursuant to section 103A of the Uniformed and Overseas Citizens Absentee Voting Act, as added by subsection (a), including the manner in which such voters may utilize such procedures for the submittal of marked absentee ballots in regularly scheduled elections for Federal office. (d) Reports on Utilization of Procedures.-- (1) Reports required.--Not later than 180 days after each regularly scheduled general election for Federal office held after January 1, 2008, the Presidential designee shall submit to the congressional defense committees a report on the utilization of the procedures for the collection and delivery of marked absentee ballots established pursuant to section 103A of the Uniformed and Overseas Citizens Absentee Voting Act, as so added, during such general election. (2) Elements.--Each report under paragraph (1) shall include, for the general election covered by such report, a description of the utilization of the procedures described in that paragraph during such general election, including the number of marked absentee ballots collected and delivered under such procedures. (e) Report on Status of Implementation.-- (1) Report required.--Not later than one year after the date of the enactment of this Act, the Presidential designee shall submit to the congressional defense committees a report on the status of the implementation of the program for the collection and delivery of marked absentee ballots established pursuant to section 103A of the Uniformed and Overseas Citizens Absentee Voting Act, as added by subsection (a). (2) Elements.--The report under paragraph (1) shall include a status of the implementation of the program and a detailed description of the specific steps taken towards its implementation for November 2009 and November 2010. (f) Definitions.--In this section: (1) The term ``absent overseas uniformed services voter'' has the meaning given that term in section 103A(d) of the Uniformed and Overseas Citizens Absentee Voting Act, as added by subsection (a). (2) The term ``Presidential designee'' means the official designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)). (3) The term ``congressional defense committees'' means-- (A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. SEC. 2. PROHIBITION ON REFUSAL TO ACCEPT VOTER REGISTRATION AND ABSENTEE BALLOT APPLICATIONS AND FEDERAL WRITE-IN ABSENTEE BALLOTS FOR FAILURE TO MEET NONESSENTIAL REQUIREMENTS. (a) Voter Registration and Absentee Ballot Applications.-- (1) Prohibiting refusal to accept applications for failure to meet nonessential requirements.--Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended by adding at the end the following new subsection: ``(e) Prohibiting Refusal To Accept Applications for Failure To Meet Nonessential Requirements.--A State shall accept and process any otherwise valid voter registration application or absentee ballot application (including the official post card form prescribed under section 101) submitted in any manner by an absent uniformed services voter or overseas voter that contains the information required on the official post card form prescribed under section 101 (other than information which the Presidential designee, in consultation with the Election Assistance Commission and the Election Assistance Commission Board of Advisors under section 214 of the Help America Vote Act of 2002 (42 U.S.C. 15344), determines, under regulations promulgated by the Presidential designee, is not clearly necessary to prevent fraud in the conduct of elections).''. (2) Effective date.--Subsection (e) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act, as added by this subsection, shall apply with respect to each regularly scheduled general election for Federal office held on or after November 1, 2010. (b) Federal Write-in Absentee Ballot.-- (1) Prohibiting refusal to accept ballot for failure to meet nonessential requirements.--Section 103 of such Act (42 U.S.C. 1973ff-2) is amended-- (A) by redesignating subsection (f) as subsection (g); and (B) by inserting after subsection (e) the following new subsection: ``(f) Prohibiting Refusal To Accept Ballot for Failure To Meet Nonessential Requirements.--A State shall accept and process any otherwise valid Federal write-in absentee ballot submitted in any manner by an absent uniformed services voter or overseas voter that contains the information required to be submitted with such ballot by the Presidential designee (other than information which the Presidential designee, in consultation with the Election Assistance Commission and the Election Assistance Commission Board of Advisors under section 214 of the Help America Vote Act of 2002 (42 U.S.C. 15344), determines, under regulations promulgated by the Presidential designee, is not clearly necessary to prevent fraud in the conduct of elections).''. (2) Effective date.--Subsection (f) of section 102 of the Uniformed and Overseas Citizens Absentee Voting Act, as amended by this subsection, shall apply with respect to each regularly scheduled general election for Federal office held on or after November 1, 2010. Passed the Senate October 1 (legislative day, September 17), 2008. Attest: NANCY ERICKSON, Secretary.

Amends the Uniformed and Overseas Citizens Absentee Voting Act to direct the Secretary of Defense (the presidential designee) to establish procedures for: (1) collecting marked absentee ballots of military overseas voters in elections for federal office; and (2) delivering such ballots to the appropriate state election officials. Requires the designee to: (1) ensure that such ballots are delivered prior to the time established for the closing of the polls on the date of the election; and (2) carry out delivery requirements through a contract with one or more providers of express mail services, which shall include a mechanism for ballot tracking. Provides a special rule for voters in jurisdictions using post office boxes for the collection of such ballots. Prohibits states from refusing to accept such ballots on the grounds that they were not delivered by the U.S. Postal Service. Authorizes appropriations. Directs the designee to: (1) provide outreach to absentee military voters on the procedures established under this Act; (2) report, after each general election, to the congressional defense and appropriations committees on the utilization of such procedures; and (3) submit a one-time report to such committees on the status of implementation of this Act. Prohibits states from refusing to accept voter registration and absentee ballot applications and write-in ballots for failure to meet nonessential requirements (requirements not clearly necessary to prevent fraud in the conduct of elections).

A bill to amend the Uniformed and Overseas Citizens Absentee Voting Act to improve procedures for the collection and delivery of absentee ballots of absent overseas uniformed services voters, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cost of Services and Translations Act'' or the ``COST Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to create a new appendix within each agency's annual performance and accountability report detailing any cost associated with providing multilingual services, such as verbal, written, or other services in languages other than English; (2) to end speculation on the current cost of providing multilingual services; (3) to provide for more transparency in the Federal Government's accounting practices, and to determine the effectiveness of agency programs, policies, and procedures; and (4) to provide for more accountability with the use of taxpayer money. SEC. 3. MULTILINGUAL SERVICES ACCOUNTING INFORMATION REQUIREMENT. (a) Multilingual Services Accounting Information.--Chapter 9 of title 31, United States Code, is amended-- (1) in section 902(a)(6)-- (A) by striking ``and'' at the end of subparagraph (D); (B) by redesignating subparagraph (E) as subparagraph (F); and (C) by inserting after subparagraph (D) the following: ``(E) effective for each of the fiscal years beginning on or after October 1, 2015, the multilingual services accounting information of the agency for such fiscal year in accordance with the guidance issued under section 3517 of this title and the procedures of OMB Circular No. A-11, part 6 (as in effect on the date of the enactment of this subparagraph) and OMB Circular No. A-136 (as in effect on the date of the enactment of this subparagraph); and''; and (2) by adding at the end the following: ``Sec. 904. Definitions. ``In this chapter: ``(1) Multilingual services.--The term `multilingual services' includes-- ``(A) the services provided by interpreters hired by an agency; ``(B) the services provided by an agency associated with assisting agency employees or contractors learn a language other than English that result in additional expenses, wages, or salaries, or changes to expenses, wages, or salaries, for the agency or agency employees or contractors; ``(C) agency preparation, translation, printing, or recordation of documents, records, Web sites, brochures, pamphlets, flyers, or other materials in a language other than English; ``(D) the services provided or performed for the Federal Government by agency employees or contractors that require speaking a language other than English that result in wage differentials or benefits provided by the agency; and ``(E) any other services provided or performed by an agency which utilize languages other than English and that incur additional costs to the agency. ``(2) Multilingual services accounting information.--The term `multilingual services accounting information' means any accounting information related to multilingual services.''. (b) Conforming Amendment.--The table of sections at the beginning of chapter 9 of title 31, United States Code, is amended by adding after the item relating to section 903 the following: ``904. Definitions.''. SEC. 4. MULTILINGUAL SERVICES EXPENSES REPORT. (a) Multilingual Services Expenses Report.--Subchapter II of chapter 35 of title 31, United States Code is amended-- (1) in section 3512(a)(2)-- (A) by striking ``and'' at the end of subparagraph (E); (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following: ``(F) effective for the first full calendar year beginning after December 31, 2015, and for each calendar year thereafter, a Multilingual Services Expenses Report, which shall include-- ``(i) a summary and analysis of the multilingual services accounting information (as defined in section 904 of this title) prepared by each agency Chief Financial Officer under section 902(a)(6)(E) of this title; ``(ii) a description of any changes to the existing financial management structure of the Federal Government needed to establish an integrated individual agency accounting of all multilingual services (as defined in section 904 of this title) conducted by each agency; and ``(iii) any other information the Director considers appropriate to fully inform the Congress and the agency Chief Financial Officers regarding the accounting of all multilingual services provided by the Federal Government; and''; and (2) by adding at the end the following: ``Sec. 3517. Multilingual Services Accounting Guidelines. ``Not later than 180 days after the date of the enactment of this section, the Director of the Office of Management and Budget shall issue guidance that each agency Chief Financial Officer shall follow in compiling the multilingual services accounting information required under section 902(a)(6)(E) of this title.''. (b) Conforming Amendment.--The table of sections at the beginning of chapter 35 of title 31, United States Code, is amended by adding after the item relating to section 3516 the following: ``3517. Multilingual Services Accounting Guidelines.''.

Cost of Services and Translations Act or the COST Act Requires federal agency Chief Financial Officers to include multilingual services accounting information in their mandatory annual reports to the agency head and to the Office of Management and Budget (OMB). Defines multilingual services to include: (1) services provided by interpreters hired by an agency; (2) services resulting in additional expenses which an agency provides to assist its employees or contractors to learn a non-English language; (3) agency preparation, translation, printing, or recordation of materials in a language other than English; and (4) services provided or performed for the federal government by agency employees or contractors that require speaking a non-English language that result in wage differentials or benefits provided by the agency. Requires the annual financial management status report of the OMB to certain congressional committees to contain a Multilingual Services Expenses Report that includes: (1) a summary and analysis of the multilingual services accounting information prepared by each agency Chief Financial Officer, and (2) a description of any changes to the existing financial management structure of the federal government needed to establish an integrated individual agency accounting of all multilingual services conducted by each agency. Requires the OMB to issue guidance that an agency Chief Financial Officer must follow in compiling multilingual services accounting information.

COST Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ste. Genevieve National Historic Site Establishment Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Historic district.--The term ``Historic District'' means the Ste. Genevieve Historic District National Historic Landmark, as generally depicted on the Map. (2) Historic site.--The term ``Historic Site'' means the Ste. Genevieve National Historic Site established by section 3(a). (3) Map.--The term ``Map'' means the map entitled ``Ste. Genevieve National Historic Site Proposed Boundary'', numbered 571/132,626, and dated May 2016. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Missouri. SEC. 3. ESTABLISHMENT OF THE STE. GENEVIEVE NATIONAL HISTORIC SITE. (a) Establishment.-- (1) In general.--Subject to paragraph (2), there is established the Ste. Genevieve National Historic Site in the State as a unit of the National Park System to preserve, protect, and interpret for the benefit of present and future generations the themes of French settlement, vernacular architecture, and community form and farming on the frontier associated with Ste. Genevieve. (2) Conditions for establishment.--The Historic Site shall not be established until the date on which the Secretary determines that-- (A) sufficient land has been acquired for the Historic Site to constitute a manageable unit; and (B) the Secretary has entered into a written agreement providing that land owned by the State, the City of Ste. Genevieve, or other entity within the Historic District shall be managed consistent with the purposes of this Act. (b) Boundaries.--The boundaries of the Historic Site shall be the boundaries generally depicted on the Map. (c) Availability of Map.--The Map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Acquisition Authority.-- (1) In general.--The Secretary may acquire any land or interest in land located within the boundary of the Historic Site or any nationally significant property identified in the special resource study within the Historic District by-- (A) donation; (B) purchase with donated or appropriated funds; or (C) exchange. (2) Boundary revision.--On the acquisition of any property within the Historic District under paragraph (1), the Secretary shall revise the boundary of the Historic Site to include the property. (e) Administration.-- (1) In general.--The Secretary shall administer the Historic Site in accordance with-- (A) this Act; and (B) the laws generally applicable to units of the National Park System, including-- (i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (ii) chapter 3201 of title 54, United States Code. (2) Management plan.-- (A) In general.--Not later than 3 years after the date on which funds are made available to prepare a general management plan for the Historic Site, the Secretary shall prepare the general management plan in accordance with section 100502 of title 54, United States Code. (B) Submission to congress.--On completion of the general management plan under subparagraph (A), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate the general management plan. (3) Related sites.--The Secretary may provide interpretative tours and educational programs at related historic and cultural sites within the Historic District associated with the purposes for which the Historic Site is established. (f) Cooperative Agreements.-- (1) In general.--The Secretary may provide technical assistance and enter into cooperative agreements with the owner of a nationally significant property within the Historic Site or the Historic District, to identify, mark, interpret, improve, and restore the property. (2) Right of access.--A cooperative agreement entered into under paragraph (1) shall provide that the Secretary, acting through the Director of the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purposes of-- (A) conducting visitors through the property; and (B) interpreting the property for the public. (3) Cost-sharing requirement.-- (A) Federal share.--The Federal share of the total cost of any activity carried out under a cooperative agreement entered into under this subsection shall be not more than 50 percent. (B) Form of non-federal share.--The non-Federal share of an activity carried out under a cooperative agreement entered into under this subsection may be in the form of donated property, goods, or services fairly valued. (4) Changes or alterations.--No changes or alterations shall be made to any property covered by a cooperative agreement entered into under paragraph (1) unless the Secretary and the other party to the agreement agree to the changes or alterations. (5) Conversion, use, or disposal.--Any payment by the Secretary under this subsection shall be subject to an agreement that the conversion, use, or disposal of a property for purposes contrary to the purposes of this section, as determined by the Secretary, shall entitle the United States to reimbursement in any amount equal to the greater of-- (A) the amounts made available to the property by the United States; or (B) the portion of the increased value of the property attributable to the amounts made available under this subsection, as determined at the time of the conversion, use, or disposal. (g) Limited Role of the Secretary.--Nothing in this Act authorizes the Secretary to assume overall financial responsibility for the operation, maintenance, or management of the Historic District. SEC. 4. LAND ACQUISITION; NO BUFFER ZONES. (a) Land Acquisition.--The Secretary is authorized to acquire land and interests in land within the boundaries of the Historic Site and Historic District by donation or exchange only (and in the case of an exchange, no payment may be made by the Secretary to any landowner). The Secretary may not acquire by condemnation any land or interest in land within the boundaries of the Historic Site and Historic District. No private property or non-Federal public property shall be included within the boundaries of the Historic Site and Historic District without the written consent of the owner of such property. (b) No Buffer Zones.--Nothing in this Act, the establishment of the Historic Site and Historic District, or the management of the Historic Site and Historic District shall be construed to create buffer zones outside of the Historic Site and Historic District. That an activity or use can be seen or heard from within the Historic Site and Historic District shall not preclude the conduct of that activity or use outside the Historic Site and Historic District.

Ste. Genevieve National Historic Site Establishment Act of 2016 This bill establishes the Ste. Genevieve National Historic Site in Missouri as a unit of the National Park System. Interior may acquire, by donation, purchase, or exchange, any land or interest in land located within the boundary of the Historic Site or any nationally significant property identified in the special resource study that is within the Ste. Genevieve Historic District National Historic Landmark.

Ste. Genevieve National Historic Site Establishment Act of 2016

SECTION 1. FINDINGS. Congress makes the following findings: (1) The historic significance of the 52-mile Going-to-the- Sun Road is recognized by its listing on the National Register of Historic Places in 1983, designation as a National Historic Engineering Landmark by the American Society of Civil Engineers in 1985, and designation as a National Historic Landmark in 1997. (2) A contracted engineering study and Federal Highway Administration recommendations in 1997 of the Going-to-the-Sun Road verified significant structural damage to the road that has occurred since it opened in 1932. (3) Infrastructure at most of the developed areas is inadequate for cold-season (fall, winter, and spring) operation, and maintenance backlog needs exist for normal summer operation. (4) The Many Glacier Hotel and Lake McDonald Lodge are on the National Register of Historic Places and are National Historic Landmarks. Other accommodations operated by the concessioner with possessory interest and listed on the National Register of Historic Places are the Rising Sun Motor Inn and Swiftcurrent Motel. (5) The historic hotels in Glacier National Park, operated under concession agreements with the National Park Service, are essential for public use and enjoyment of the Park. (6) Public consumers deserve safe hotels in Glacier National Park that can meet their basic needs and expectations. (7) The historic hotels in Glacier National Park are significantly deteriorated and need substantial repair. (8) Repairs of the hotels in Glacier National Park have been deferred for so long that, absent any changes to Federal law and the availability of historic tax credits, the remodeling costs for the hotels may exceed the capacity of an investor to finance them solely out of hotel revenues. (9) The current season of operation for hotels is approximately 4 months because the developed areas lack water, sewer, and fire protection systems that can operate in freezing conditions, lack building insulation, and lack heating systems. (10) The National Park Service Concessions Management Improvement Act of 1998 is based upon sound principles and is achieving its basic purposes, but there appear to be selected instances where the National Park Service may need additional authority to conduct demonstration projects. (11) A demonstration project is needed for the repair of the historic hotels in Glacier National Park. SEC. 2. DEFINITIONS. In this Act: (1) Advisory committee.--The term ``Advisory Committee'' means the Going-to-the-Sun Road Citizens Advisory Committee. (2) Park.--The term ``Park'' means Glacier National Park. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. GOING-TO-THE-SUN ROAD STUDY. (a) Feasibility Study.--Not later than December 31, 2001, the Secretary, in consultation with Advisory Committee, shall complete a feasibility study for rehabilitation of Going-to-the-Sun Road located in the Park. The study shall include-- (1) alternatives for rehabilitation of Going-to-the-Sun Road and a ranking of the feasibility of each alternative; (2) an estimate of the length of time necessary to complete each alternative; (3) a description of what mitigation efforts would be used to preserve resources and minimize adverse economic effects of each alternative; (4) an analysis of the costs and benefits of each alternative; (5) an estimate of the cost of each alternative; (6) an analysis of the economic impact of each alternative; (7) an analysis of long-term maintenance needs, standards, and schedules for the road, alternatives to accomplish the rehabilitation, maintenance staff needs, and associated cost estimates; (8) a draft of the environmental impact statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); and (9) an analysis of improvements to any transportation system relating to the Park that are needed inside or outside the Park. (b) Continuation Maintenance.--Nothing in this section shall affect the duty of the Secretary to continue the program in effect on the day before the date of the enactment of this Act to preserve, maintain, and address safety concerns related to Going-to-the-Sun Road. (c) Implementation of Plan.--As soon as practicable after completing the study required by subsection (a), the Secretary shall-- (1) consider the recommendations of the Advisory Committee; (2) choose an alternative for rehabilitation of the Going- to-the-Sun Road from the alternatives included in the study based upon the final environmental impact statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); and (3) begin implementation of a plan based on that choice. Implementation actions that are authorized include rehabilitation of Going-to-the-Sun Road and expenditure of funds inside or outside the Park for transportation system improvements related to the Park and impact mitigation if recommended by the study and the Advisory Committee. The Secretary shall also seek funding for the long-term maintenance needs that the study identifies. (d) Report.--Not later than 30 days after completion of the study required under subsection (a), the Secretary shall submit a copy of the study to-- (1) the Committee on Resources and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate. (e) Authorization of Appropriations.--There are authorized to be appropriated $200,000,000 to the Secretary to carry out this section, including-- (1) implementation of the plan under subsection (c); and (2) the cost of any necessary environmental or cultural documentation and monitoring, including the draft environmental impact statement required under subsection (a)(8). SEC. 4. MAINTENANCE AND UPGRADE OF UTILITY SYSTEMS. (a) In General.--As soon as practicable after funds are made available under this section, the Secretary shall begin the upgrade and continue the maintenance of utility systems which service the Park and facilities related to the Park. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section, $20,000,000. SEC. 5. VISITOR FACILITIES PLAN. (a) Plan for Visitor Facilities.--Not later than December 31, 2001, the Secretary shall complete a comprehensive plan for visitor facilities in the Park. The comprehensive plan shall include the following: (1) A completed commercial services plan, as called for in the Park General Management Plan. (2) A plan for private financing of rehabilitation of lodging facilities and associated property that are listed on the National Register of Historic Places or are part of a district listed on the National Register of Historic Places, which may include historic tax credits, hotel revenue, and other financing alternatives as deemed appropriate by the Secretary, and which may include options such as extending the Park's visitor season, additional visitor facilities, and other options as deemed appropriate by the Secretary in order to recover the rehabilitation costs. (3) A financial analysis of the plan under paragraph (2). (4) A plan by the Secretary to provide necessary assistance to appropriate interested entities for the restoration or comparable replacement of tour buses for use in the Park. (5) A plan for a new visitors center at the west side of the Park, including an appropriate location and design for the center and suitable housing and display facilities for museum objects of the Park as set forth in the Park General Management Plan, including any studies required to be carried out under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws. (6) A parkwide natural and cultural resources assessment, in accordance with sections 203 and 204 of the National Parks Omnibus Management Act of 1998 (Public Law 105-391; 112 Stat. 3497), including a comprehensive inventory of resources of the Park. (7) A description of any additional authority requested by the Secretary to implement the comprehensive plan. (b) Submission of Plan.--The Secretary shall submit copies of the comprehensive plan to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (c) Implementation of Plan.--As soon as practicable after completion of the comprehensive plan, the Secretary shall implement the comprehensive plan, including construct the visitors center pursuant to the plan required by subsection (a)(5). (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $1,000,000 to complete the comprehensive plan. Passed the House of Representatives October 17, 2000. Attest: Clerk.

Directs the Secretary to upgrade and continue the maintenance of utility systems which service the Park and its related facilities. Authorizes appropriations. Requires the Secretary to complete a comprehensive plan for visitor facilities in the Park by a specified deadline. Prescribes plan contents, including a plan for private financing of rehabilitation of lodging facilities and associated property listed on the National Register of Historic Places, which may include historic tax credits, hotel revenue, and other financing alternatives. Requires a report on the plan to specified congressional committees. Authorizes appropriations.

To direct the Secretary of the Interior to authorize and provide funding for rehabilitation of the Going-to-the-Sun Road in Glacier National Park, to authorize funds for maintenance of utilities related to the Park, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizen Housing Safety Act''. SEC. 2. SENIOR CITIZEN HOUSING SAFETY. (a) Limitation on Occupancy in Public Housing Designated for Elderly Families.-- (1) In general.--Section 7(a) of the United States Housing Act of 1937 (42 U.S.C. 1437e(a)) is amended-- (A) in paragraph (1), by striking ``Notwithstanding any other provision of law'' and inserting ``Subject only to the provisions of this subsection''; (B) in paragraph (4), by inserting ``, except as provided in paragraph (5)'' before the period at the end; and (C) by adding at the end the following new paragraph: ``(5) Limitation on occupancy in projects for elderly families.-- ``(A) Occupancy limitation.--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-- ``(i) any person with disabilities who is not an elderly person and whose history of use of alcohol or drugs constitutes a disability; or ``(ii) any person who is not an elderly person and whose history of use of alcohol or drugs provides reasonable cause for the public housing agency to believe that the occupancy by such person may interfere with the health, safety, or right to peaceful enjoyment of the premises by other tenants. ``(B) Required statement.--A public housing agency may not make a dwelling unit in such a project available for occupancy to any person or family who is not an elderly family, unless the agency acquires from the person or family a signed statement that no person who will be occupying the unit-- ``(i) uses (or has a history of use of) alcohol; or ``(ii) uses (or has a history of use of) drugs; that would interfere with the health, safety, or right to peaceful enjoyment of the premises by other tenants.''. (2) Lease provisions.--Section 6(l) of the United States Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended-- (A) in paragraph (5), by striking ``and'' at the end; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) following new paragraph: ``(6) provide that any occupancy in violation of the provisions of section 7(a)(5)(A) or the furnishing of any false or misleading information pursuant to section 7(a)(5)(B) shall be cause for termination of tenancy; and''. (b) Eviction of Nonelderly Tenants Having Drug or Alcohol Use Problems From Public Housing Designated for Elderly Families.--Section 7(c) of the United States Housing Act of 1937 (42 U.S.C. 1437e(c)) is amended to read as follows: ``(c) Standards Regarding Evictions.-- ``(1) Limitation.--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 a portion of the 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 for 3 instances of prohibited activity involving drugs or alcohol.-- With respect to a project (or portion of a project) described in subsection (a)(5)(A), the public housing agency administering the project shall evict any person who is not an elderly person and who, during occupancy in the project (or portion thereof), engages on 3 separate occasions (occurring after the date of the enactment of the Housing and Community Development Act of 1994) in any activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants and involves the use of alcohol or drugs. ``(3) Rule of construction.--The provisions of paragraph (2) requiring eviction of a person may not be construed to require a public housing agency to evict any other persons who occupy the same dwelling unit as the person required to be evicted.''.

Senior Citizen Housing Safety Act - Amends the United States Housing Act of 1937 to prohibit persons with drug or alcohol problems from occupying dwelling units in assisted housing designated for elderly families.

Senior Citizen Housing Safety Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Counsel Accountability and Reform Act of 1993''. SEC. 2. EXTENSION. Section 599 of title 28, United States Code, is amended by striking ``Reauthorization Act of 1987'' and inserting ``Act of 1993''. SEC. 3. APPLICATION TO MEMBERS OF CONGRESS. Section 591(b) of title 28, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following: ``(9) any Senator, or any Representative in, or Delegate or Resident Commissioner to, the Congress, or any person who has served as a Senator or such a Representative, Delegate, or Resident Commissioner within the 2-year period before the receipt of the information under subsection (a) with respect to conduct that occurred while such person was a Senator or such a Representative, Delegate, or Resident Commissioner.''. SEC. 4. BASIS FOR PRELIMINARY INVESTIGATION. (a) Initial Receipt of Information.--Section 591 of title 28, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``information'' and inserting ``specific information from a credible source that is''; and (B) by striking ``may have'' and inserting ``has''; (2) in subsection (c)(1)-- (A) by striking ``information'' and inserting ``specific information from a credible source that is''; and (B) by striking ``may have'' and inserting ``has''; and (3) by amending subsection (d) to read as follows: ``(d) Time Period for Determining Need for Preliminary Investigation.--The Attorney General shall determine, under subsection (a) or (c) (or section 592(c)(2)), whether grounds to investigate exist not later than 15 days after the information is first received. If within that 15-day period the Attorney General determines that there is insufficient evidence of a violation of Federal criminal law referred to in subsection (a), then the Attorney General shall close the matter. If within that 15-day period the Attorney General determines there is sufficient evidence of such a violation, the Attorney General shall, upon making that determination, commence a preliminary investigation with respect to that information. If the Attorney General is unable to determine, within that 15-day period, whether there is sufficient evidence of such a violation, the Attorney General shall, at the end of that 15-day period, commence a preliminary investigation with respect to that information.''. (b) Receipt of Additional Information.--Section 592(c)(2) of title 28, United States Code, is amended by striking ``information'' and inserting ``specific information from a credible source that is''. SEC. 5. SUBPOENA POWER. Section 592(a)(2) of title 28, United States Code, is amended by striking ``grant immunity, or issue subpoenas'' and inserting ``or grant immunity, but may issue subpoenas duces tecum''. SEC. 6. PROSECUTORIAL JURISDICTION OF INDEPENDENT COUNSEL. (a) Prosecutorial Jurisdiction.--Section 593(b) of title 28, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``define'' and inserting ``, with specificity, define''; and (B) by adding at the end the following: ``Such jurisdiction shall be limited to the alleged violations of criminal law with respect to which the Attorney General has requested the appointment of the independent counsel, and matters directly related to such criminal violations.''; and (2) by amending paragraph (3) to read as follows: ``(3) Scope of prosecutorial jurisdiction.--In defining the independent counsel's prosecutorial jurisdiction, the division of the court shall assure that the independent counsel has adequate authority to fully investigate and prosecute the alleged violations of criminal law with respect to which the Attorney General has requested the appointment of the independent counsel, and matters directly related to such criminal violations, including perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.''. (b) Conforming Amendment.--Section 592(d) of title 28, United States Code, is amended by striking ``subject matter and all matters related to that subject matter'' and inserting ``the alleged violations of criminal law with respect to which the application is made, and matters directly related to such criminal violations''. SEC. 7. USE OF STATE AND LOCAL PROSECUTORS; STAFF OF INDEPENDENT COUNSEL. (a) Prosecutors As Independent Counsel.--Section 593(b)(1) of title 28, United States Code, as amended by section 7 of this Act, is further amended by adding at the end the following: ``The division of the court should strongly consider exercising the authority of section 3372 of title 5 so that it may appoint as independent counsel prosecutors from State or local governments, and the division of the court may exercise the authorities of such section 3372 for such purpose to the same extent as the head of a Federal agency.''. (b) Staff of Independent Counsel.--Section 594(c) of title 28, United States Code, is amended by striking the last sentence and inserting the following: ``Not more than 2 such employees may be compensated at a rate not to exceed the rate of basic pay payable for level V of the Executive schedule under section 5316 of title 5, and all other such employees shall be compensated at rates not to exceed the maximum rate of basic pay payable for GS-15 of the General Schedule under section 5332 of title 5. The independent counsel should, to the greatest extent possible, use personnel of the Department of Justice, on a reimbursable basis, in lieu of appointing employees, to carry out the duties of such independent counsel. The independent counsel should also strongly consider exercising the authority of section 3372 of title 5 so that he or she may appoint as employees under this subsection prosecutors of State or local governments. In order to carry out the preceding sentence, each independent counsel shall, for purposes of such section 3372, be considered to be the head of a Federal agency.''. SEC. 8. ATTORNEYS' FEES. Section 593(f)(1) of title 28, United States Code, is amended in the first sentence-- (1) by striking ``the court may'' and inserting ``the court shall''; (2) by inserting after ``pursuant to that investigation,'' the following: ``if such individual is acquitted of all charges, or no conviction is obtained against such individual, at a trial brought pursuant to that investigation, or if the conviction of such individual at such a trial is overturned on appeal,''; and (3) by inserting ``, trial, and appeal (if any)'' after ``during that investigation''. SEC. 9. TREATMENT OF CLASSIFIED INFORMATION. Section 594(a) of title 28, United States Code, is amended by adding at the end the following: ``An independent counsel appointed under this chapter who gains access to classified information shall follow all procedures established by the United States Government regarding the maintenance, use, and disclosure of such information. The failure to follow such procedures shall be grounds for removal for good cause under section 596(a)(1), in addition to any penalty provided in section 798 of title 18 or any other law that may apply.''. SEC. 10. INDEPENDENT COUNSEL PER DIEM EXPENSES. Section 594(b) of title 28, United States Code, is amended to read as follows: ``(b) Compensation.-- ``(1) In general.--Except as provided in paragraph (2), an independent counsel appointed under this chapter shall receive compensation at the per diem rate equal to the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5. ``(2) Travel and lodging in washington.--An independent counsel and persons appointed under subsection (c) shall not be entitled to the payment of travel and subsistence expenses under subchapter 1 of chapter 57 of title 5, with respect to duties performed in the District of Columbia after 1 year of service under this chapter.''. SEC. 11. AUTHORITIES AND DUTIES OF INDEPENDENT COUNSEL. (a) Administrative Support.--Section 594 of title 28, United States Code, is amended by adding at the end the following new subsection: ``(l) Administrative Services.-- ``(1) Administrative support.--The Administrator of General Services shall provide administrative support to each independent counsel. ``(2) Office space.--The Administrator of General Services shall promptly provide appropriate office space for each independent counsel. Such office space shall be within a Federal building unless the Administrator of General Services determines that other arrangements would cost less.''. (b) Compliance With Policies of the Department of Justice.--Section 594(f) of title 28, United States Code, is amended-- (1) by striking ``, except where not possible,'' and inserting ``at all times''; and (2) by striking ``enforcement of the criminal laws'' and inserting ``the enforcement of criminal laws and the release of information relating to criminal proceedings''. (c) Limitation on Expenditures.--Section 594 of title 28, United States Code, is amended by adding at the end the following: ``(m) Limitation on Expenditures.--No funds may be expended for the operation of any office of independent counsel after the end of the 2- year period after its establishment, except to the extent that an appropriations Act enacted after such establishment specifically makes available funds for such office for use after the end of that 2-year period.''. SEC. 12. PERIODIC REPORTS. Section 595(a)(2) of title 28, United States Code, is amended by striking ``such statements'' and all that follows through ``appropriate'' and inserting ``annually a report on the activities of such independent counsel, including a description of the progress of any investigation or prosecution conducted by such independent counsel. Such report need not contain information which would-- ``(A) compromise or undermine the confidentiality of an ongoing investigation under this chapter, ``(B) adversely affect the outcome of any prosecution under this chapter, or ``(C) violate the personal privacy of any individual, but shall provide information adequate to justify the expenditures which the office of that independent counsel has made, and indicate in general terms the state of the work of the independent counsel''. SEC. 13. REMOVAL, TERMINATION, AND PERIODIC REAPPOINTMENT OF INDEPENDENT COUNSEL. (a) Grounds for Removal.--Section 596(a)(1) of title 28, United States Code, is amended by adding at the end the following: ``Failure of the independent counsel to comply with the established policies of the Department of Justice as required by section 594(f) or to comply with section 594(j) may be grounds for removing that independent counsel from office for good cause under this subsection.''. (b) Termination.--Section 596(b)(2) of title 28, United States Code, is amended to read as follows: ``(2) Termination by division of the court.--The division of the court may terminate an office of independent counsel at any time-- ``(A) on its own motion, ``(B) upon the request of the Attorney General, or ``(C) upon the petition of the subject of an investigation conducted by such independent counsel, if the petition is made more than 2 years after the appointment of such independent counsel, on the ground that the investigation conducted by the independent counsel has been completed or substantially completed and that it would be appropriate for the Department of Justice to complete such investigation or to conduct any prosecution brought pursuant to such investigation, or on the ground that continuation of the investigation or prosecution conducted by the independent counsel is not in the public interest.''. (c) Periodic Reappointment.--Section 596 of title 28, United States Code, is amended by adding at the end the following: ``(d) Periodic Reappointment of Independent Counsel.--If an office of independent counsel has not terminated before-- ``(1) the date that is 2 years after the original appointment to that office, or ``(2) the end of each succeeding 2-year period, such counsel shall apply to the division of the court for reappointment. The court shall first determine whether the office of that independent counsel should be terminated under subsection (b)(2). If the court determines that such office will not be terminated under such subsection, the court shall reappoint the applicant if the court determines that such applicant remains the appropriate person to carry out the duties of the office. If not, the court shall appoint some other person whom it considers qualified under the standards set forth in section 593 of this title. If the court has not taken the actions required by this subsection within 90 days after the end of the applicable 2-year period, then that office of independent counsel shall terminate at the end of that 90-day period.''. SEC. 14. JOB PROTECTIONS FOR INDIVIDUALS UNDER INVESTIGATION. (a) In General.--Section 597 of title 28, United States Code, is amended-- (1) by amending the section caption to read as follows: ``Sec. 597. Relationship with Department of Justice; job protection for individuals under investigation''; and (2) by adding at the end the following: ``(c) Job Protection for Individuals Under Investigation.-- ``(1) Prohibited personnel practice.--It shall be a prohibited personnel practice for an employee of the United States Government who has authority to take, direct others to take, recommend, or approve any personnel action (as defined in section 2302(a)(2)(A) of title 5) with respect to an individual described in paragraph (2) who is the subject of an investigation or prosecution under this chapter, to take or fail to take, or threaten to take or fail to take, such a personnel action with respect to such individual, on account of such investigation or prosecution. ``(2) Applicability.--The individuals referred to in paragraph (1) are individuals other than-- ``(A) any person described in section 591(a); and ``(B) any employee of the Federal Government whose position is excepted from the competitive service on the basis of its confidential, policy-determining, policy-making, or policy-advocating character. ``(3) Exemption.--Paragraph (1) does not apply in the case of an individual who is convicted of a criminal offense pursuant to an investigation or prosecution described in paragraph (1), unless such conviction is overturned on appeal. ``(4) Remedies.--An individual with respect to whom a prohibited personnel practice applies under paragraph (1) may seek corrective action from the Merit Systems Protection Board to the same extent as an employee may seek corrective action under section 1221 of title 5 (including subsection (h) of such section), except that, for purposes of such section, any reference to section 2302(b)(8) of title 5 shall be deemed to refer to paragraph (1) of this subsection, and any reference to a disclosure under such section 2302(b)(8) shall be deemed to refer to an investigation or prosecution described in paragraph (1) of this subsection.''. (b) Conforming Amendment.--The item relating to section 597 in the table of sections at the beginning of chapter 40 of title 28, United States Code, is amended to read as follows: ``597. Relationship with Department of Justice; job protection for individuals under investigation.''. SEC. 15. EFFECT OF TERMINATION OF CHAPTER. Section 599 of title 28, United States Code, is amended by inserting ``, or until 120 days have elapsed, whichever is earlier'' after ``completed''. SEC. 16. GAO REPORT. The Comptroller General of the United States shall submit to the Congress, not later than 1 year after the date of the enactment of this Act, a report setting forth recommendations of ways to improve controls on costs of offices of independent counsel under chapter 40 of title 28, United States Code.

Independent Counsel Accountability and Reform Act of 1993 - Amends the Federal judicial code to reauthorize the independent counsel statute (the Act). Makes the Act applicable to Members of Congress. Revises the Act to: (1) require specific information from a credible source sufficient to constitute grounds to investigate whether a person covered by the Act has violated specified Federal criminal laws; and (2) permit the Attorney General to issue subpoenas. Requires the division of the court that appoints an independent counsel to: (1) define with specificity the independent counsel's prosecutorial jurisdiction; (2) assure that the independent counsel has adequate authority to fully investigate and prosecute the alleged violations of criminal law with respect to which the Attorney General has requested the appointment and matters directly related to such criminal violations; and (3) strongly consider appointing independent counsel prosecutors from State or local governments. Revises provisions regarding compensation of staff of an independent counsel. Directs the independent counsel, to the greatest extent possible, to use personnel of the Department of Justice (DOJ) on a reimbursable basis in lieu of appointing employees. Directs (currently, authorizes) the division to award reimbursement for attorney's fees upon the request of an individual who is the subject of an investigation conducted by an independent counsel if no indictment is brought against such individual pursuant to that investigation (as under current law), if such individual is acquitted of all charges, if no conviction is obtained against such individual, or if the conviction of such individual is overturned on appeal. Establishes or revises provisions regarding: (1) treatment of classified information by, per diem expenses of, administrative support for, compliance with DOJ policies by, limitations on expenditures of, periodic reports on activities of, and the removal, termination, and periodic reappointment of, an independent counsel; and (2) job protections for individuals under investigation. Directs the Comptroller General of the United States to report to the Congress with recommendations of ways to improve controls on costs of offices of independent counsel.

Independent Counsel Accountability and Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Winnemem Wintu Tribe Clarification and Restoration Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Winnemem Wintu Indian Tribe was entitled to have been included in the 1979 acknowledgement process that created a list of federally recognized California tribes; (2) in addition to its continuous historic relationship with the Federal Government, the trust status of the Tribe was reaffirmed by the provisions of the Act of July 30, 1941 (55 Stat. 612, chapter 334), which granted to the United States all tribal and allotted Indian land within the area embraced by the Central Valley Project; (3) under that Act, the Secretary, acting through the Commissioner of Reclamation, on January 5, 1942, created the Shasta Reservoir Indian Cemetery, which contains Winnemem Wintu remains, markers, and other appurtenances held in trust by the United States; (4) Winnemem Wintu remains were removed to that cemetery from the traditional cemetery of the Tribe in the McCloud River valley that was flooded by the Shasta Reservoir; (5) the Bureau of Reclamation informed the Area Director of the Indian Service in writing on December 22, 1942, of the new cemetery and its status as Federal trust land; (6) the Secretary, through an administrative oversight or inaction of the Indian Service, overlooked the trust status of the Tribe, which was reaffirmed by the making of partial restitution by the Secretary for the taking of tribal land and the 1941 relocation of the remains of tribal members, which remain interred in the Shasta Reservoir Indian Cemetery; (7) the ongoing trust relationship of the Tribe with the Federal Government should have been recognized by the Secretary, and the Tribe should have been included in the 1979 listing of federally recognized California tribes; and (8) the Tribe, as a matter of sovereign choice, has determined that the conduct of gaming by the Tribe would be detrimental to the maintenance of its traditional tribal culture. SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Service area.--The term ``service area'' means the counties of Shasta and Siskiyou, California. (3) Tribe.--The term ``Tribe'' means the Indians of the Winnemem Wintu Tribe of northern California. SEC. 4. CLARIFICATION OF FEDERAL STATUS AND RESTORATION OF FEDERAL RIGHTS AND PRIVILEGES. (a) Federal Status.--Federal status is restored to the Tribe. (b) Applicable Law.--Except as otherwise provided in this Act, all laws (including regulations) of general applicability to Indians and nations, tribes, or bands of Indians that are not inconsistent with any provision of this Act shall be applicable to the Tribe and members of the Tribe. (c) Restorations of Rights and Privileges.--Except as provided in subsection (d), all rights and privileges of the Tribe and members of the Tribe under any Federal treaty, Executive order, agreement, or statute, or under any other authority that were diminished or lost under Public Law 85-671 (72 Stat. 619) are restored, and that Act shall be inapplicable to the Tribe or members of the Tribe after the date of enactment of this Act. (d) Federal Services and Benefits.-- (1) Eligibility.-- (A) In general.--Without regard to the existence of a reservation, the Tribe and its members shall be eligible, on and after the date of enactment of this Act, for all Federal services and benefits furnished to federally recognized Indian tribes or their members. (B) Residing on a reservation.--For the purposes of Federal services and benefits available to members of federally recognized Indian tribes residing on a reservation, members of the Tribe residing in the service area shall be deemed to be residing on a reservation. (2) Relation to other laws.--The eligibility for or receipt of services and benefits under paragraph (1) by the Tribe or a member of the Tribe shall not be considered as income, resources, or otherwise when determining the eligibility for or computation of any payment or other benefit to the Tribe or member under-- (A) any financial aid program of the United States, (including grants and contracts under the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450 et seq.); or (B) any other benefit to which the Tribe or member would otherwise be entitled under any Federal or federally assisted program. (e) Hunting, Fishing, Trapping, Gathering, and Water Rights.-- Nothing in this Act expands, reduces, or otherwise affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe. (f) Certain Rights Not Altered.--Except as specifically provided in this Act, nothing in this Act alters any property right or obligation, any contractual right or obligation, or any obligation for taxes levied. SEC. 5. RESERVATION OF THE TRIBE. Not later than 1 year after the date of enactment of this Act, the Secretary shall take the 42.5-acre site presently occupied by the Tribe into trust for the benefit of the Tribe, and that land shall be the reservation of the Tribe. SEC. 6. GAMING. The Tribe shall not have the right to conduct gaming (within the meaning of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).

Winnemem Wintu Tribe Clarification and Restoration Act - Restores Federal recognition to the Winnemem Wintu Indian Tribe of California.

A bill to restore recognition to the Winnemem Wintu Indian Tribe of California.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adam Walsh Reauthorization Act of 2017''. SEC. 2. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM REAUTHORIZATION. Section 126(d) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16926(d)) is amended to read as follows: ``(d) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General $20,000,000 for each of the fiscal years 2018 through 2022, to be available only for the SOMA program.''. SEC. 3. REAUTHORIZATION OF FEDERAL ASSISTANCE WITH RESPECT TO VIOLATIONS OF REGISTRATION REQUIREMENTS. Section 142(b) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16941(b)) is amended to read as follows: ``(b) For each of fiscal years 2018 through 2022, of amounts made available to the United States Marshals Service, not less than $60,000,000 shall be available to carry out this section.''. SEC. 4. DURATION OF SEX OFFENDER REGISTRATION REQUIREMENTS FOR CERTAIN JUVENILES. Subparagraph (B) of section 115(b)(2) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16915(b)(2)) is amended by striking ``25 years'' and inserting ``15 years''. SEC. 5. PUBLIC ACCESS TO JUVENILE SEX OFFENDER INFORMATION. Section 118(c) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16918(c)) is amended-- (1) by striking ``and'' after the semicolon in paragraph (3); (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) any information about a sex offender for whom the offense giving rise to the duty to register was an offense for which the offender was adjudicated delinquent; and''. SEC. 6. PROTECTION OF LOCAL GOVERNMENTS FROM STATE NONCOMPLIANCE PENALTY UNDER SORNA. Section 125 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16925(a)) is amended-- (1) by striking ``jurisdiction'' each place it appears and inserting ``State''; (2) in subsection (a)-- (A) by striking ``subpart 1 of part E'' and inserting ``section 505(c)''; and (B) by striking ``(42 U.S.C. 3750 et seq.)'' and inserting ``(42 U.S.C. 3755(c))''; and (3) by adding at the end the following: ``(e) Calculation of Allocation to Units of Local Government.-- Notwithstanding the formula under section 505(c) of the Omnibus Crime Control and Safe Streets Act 1968 (42 U.S.C. 3755(c)), a State which is subject to a reduction in funding under subsection (a) shall-- ``(1) calculate the amount to be made available to units of local government by the State pursuant to the formula under section 505(c) using the amount that would otherwise be allocated to that State for that fiscal year under section 505(c) of that Act, and make such amount available to such units of local government; and ``(2) retain for the purposes described in section 501 any amount remaining after the allocation required by paragraph (1).''. SEC. 7. ADDITIONAL INFORMATION TO BE INCLUDED IN ANNUAL REPORT ON ENFORCEMENT OF REGISTRATION REQUIREMENTS. Section 635 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16991) is amended-- (1) by striking ``Not later than July 1 of each year'' and inserting ``On January 1 of each year,''; (2) in paragraph (3), by inserting before the semicolon at the end the following: ``, and an analysis of any common reasons for noncompliance with such Act''; (3) in paragraph (4), by striking ``and'' at the end; (4) in paragraph (5), by striking the period at the end and inserting a semicolon; and (5) by adding after paragraph (5) the following: ``(6) the number of sex offenders registered in the National Sex Offender Registry; ``(7) the number of sex offenders registered in the National Sex Offender Registry who-- ``(A) are adults; ``(B) are juveniles; and ``(C) are adults, but who are required to register as a result of conduct committed as a juvenile; and ``(8) to the extent such information is obtainable, of the number of sex offenders registered in the National Sex Offender Registry who are juveniles-- ``(A) the percentage of such offenders who were adjudicated delinquent; and ``(B) the percentage of such offenders who were prosecuted as adults.''. SEC. 8. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS. (a) Probation Officers.--Section 3603 of title 18, United States Code, is amended in paragraph (8)(A) by striking ``or 4246'' and inserting ``, 4246, or 4248''. (b) Pretrial Services Officers.--Section 3154 of title 18, United States Code, is amended in paragraph (12)(A) by striking ``or 4246'' and inserting ``, 4246, or 4248''. SEC. 9. CIVIL REMEDY FOR SURVIVORS OF CHILD SEXUAL EXPLOITATION AND HUMAN TRAFFICKING. Section 2255(b) of title 18, United States Code, is amended-- (1) by striking ``three years'' and inserting ``10 years''; and (2) by inserting ``ends'' before the period at the end. SEC. 10. TRIBAL ACCESS PROGRAM. The Attorney General is authorized to provide technical assistance, including equipment, to tribal governments for the purpose of enabling such governments to access, enter information into, and obtain information from, Federal criminal information databases, as authorized under section 534(d) of title 28, United States Code. The Department of Justice Working Capital Fund (established under section 527 of title 28, United States Code) may be reimbursed by federally recognized tribes for technical assistance provided pursuant to this section. SEC. 11. ALTERNATIVE MECHANISMS FOR IN-PERSON VERIFICATION. Section 116 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16916) is amended-- (1) by striking ``A sex offender shall'' and inserting the following: ``(a) In General.--Except as provided in subsection (b), a sex offender shall''; and (2) by adding at the end the following: ``(b) Alternative Verification Method.--A jurisdiction may allow a sex offender to comply with the requirements under subsection (a) by an alternative verification method approved by the Attorney General, except that each offender shall appear in person not less than one time per year. The Attorney General shall approve an alternative verification method described in this subsection prior to its implementation by a jurisdiction in order to ensure that such method provides for verification that is sufficient to ensure the public safety.''. SEC. 12. CLARIFICATION OF AGGRAVATED SEXUAL ABUSE. Section 111(8) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911(8)) is amended by inserting ``subsection (a) or (b) of'' before ``section 2241 of title 18, United States Code''. SEC. 13. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES. Section 634(c) of the Adam Walsh Child Protection and Safety Act of 2006 is amended by adding at the end the following: ``(3) Additional report.--Not later than 1 year after the date of enactment of the Adam Walsh Reauthorization Act of 2017, the National Institute of Justice shall submit to Congress a report on the public safety impact, recidivism, and collateral consequences of long-term registration of juvenile sex offenders, based on the information collected for the study under subsection (a) and any other information the National Institute of Justice determines necessary for such report.''. Passed the House of Representatives May 22, 2017. Attest: KAREN L. HAAS, Clerk.

Adam Walsh Reauthorization Act of 2017 (Sec. 2) This bill amends the Sex Offender Registration and Notification Act to reauthorize through FY2022 the Sex Offender Management Assistance program. (Sec. 3) The bill reauthorizes through FY2022 the activities of the U.S. Marshals Service to locate and apprehend sex offenders who violate sex offender registration requirements. (Sec. 4) It reduces from 25 years to 15 years the required registration period for certain juvenile delinquent sex offenders who maintain a clean record. (Sec. 5) It allows a state, Indian tribe, or territory to exempt from disclosure on a public website information about juvenile delinquent sex offenders. (Sec. 6) The bill specifies how to calculate the allocation of Byrne Memorial Justice Assistance Grant (JAG) program funds for local governments after a state's JAG funds are reduced for failure to comply with sex offender registration and notification standards. (Sec. 7) It amends the Adam Walsh Child Protection and Safety Act of 2006 to require the Department of Justice (DOJ) to include additional data in its annual report on the enforcement of sex offender registration requirements. (Sec. 8) The bill amends the federal criminal code to broaden the duties of probation and pretrial services officers to include, when directed by a court, supervision of a sex offender conditionally released from civil commitment subject to court-ordered compliance with a prescribed regimen of medical, psychiatric, or psychological treatment. (Sec. 9) It extends the statute of limitations for a minor victim of a federal sex offense to file a civil action to 10 years (currently, 3 years) from the date such individual reaches age 18. (Sec. 10) It authorizes DOJ to provide technical assistance to tribal governments to promote access to federal criminal information databases. DOJ's Working Capital Fund may be reimbursed by federally recognized tribes for such technical assistance. (Sec. 11) The bill allows a state, Indian tribe, or territory to establish an alternative method for a registered sex offender to comply with the in-person verification requirement. DOJ must approve an alternative verification method before it is implemented. (Sec. 12) It limits the aggravated sex abuse offenses that trigger sex offender registration requirements for a juvenile at least 14 years old who is adjudicated delinquent for a comparable or more severe sex offense. (Sec. 13) The National Institute of Justice must report to Congress on the public safety impact, recidivism, and collateral consequences of long-term registration of juvenile sex offenders.

Adam Walsh Reauthorization Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Franchise Data and Public Information Act''. SEC. 2. FINDINGS AND PURPOSE. (a) The Congress makes the following findings: (1) Franchise business relationships represent a large and growing segment of the Nation's retail and service businesses and are replacing more traditional forms of small business ownership in the American economy. (2) Despite the growing importance of franchising in the American marketplace, there is little objective or reliable statistical information available to the public on the number, ownership, and operation of franchise businesses; and broad- based, objective data or investigations of franchise failures are virtually non-existent. (3) While there is a void of reliable statistics, a large amount of statistical information is routinely provided in articles and talks about franchising and in promotional material for franchise opportunities that seek to represent franchises as uniformly successful and virtually risk free. (4) Inaccurate or misleading statistical information is routinely attributed to Federal Government agencies and reports, and data on franchise business compiled prior to 1987 by the United States Department of Commerce continue to be widely cited, misrepresented or misused. (5) Franchisees may suffer substantial losses from investment in a franchise business without accurate or reliable information or with expectations based on false or misleading statistical information regarding the operation and success of franchise businesses. (b) It is the purpose of this Act to provide the public with comprehensive statistical information about franchising and the performance of franchise systems, to enhance the reliability of information made available to the public regarding franchise practices, and to assure that prospective investors have the information necessary to make an informed decision on whether to invest in a franchise business. SEC. 3. NATIONAL FILING AND DATA COLLECTION. (a) Filing of Franchise Disclosure Documents-- (1) All persons, partnerships or corporations engaged in selling or offering for sale any franchise, or any relationship which is represented either orally or in writing to be a franchise, whether within a state or in interstate commerce, shall file with the United States Department of Commerce (hereafter, the ``Commerce Department'') a copy of the franchise disclosure document or circular for such franchise; and (2) The disclosure document or circular to be filed under this subsection shall be: (A) the most recent version of such document or circular which incorporates information that is current as of the close of the franchisor's most recent fiscal year; and (B) the most restrictive version of such document or circular, and of the franchise agreement, provided by the franchisor to any prospective franchisee, in terms of the requirements imposed on franchisees and the limitations on the rights and remedies available to franchisees in the franchise agreement; (3) The disclosure document or circular described in paragraph (2) shall be filed annually at a time and in a manner set forth in regulation by the Commerce Department; (4) The Commerce Department shall make available to the Congress, the Federal Trade Commission and other Federal agencies, as requested, copies of any disclosure documents filed under this subsection, and shall establish procedures under which such documents may be viewed by the public; and (5) It shall be unlawful for a franchisor, subfranchisor or franchise broker to make any statement or reference in connection with any advertisement or disclosure document, or in any oral or written statement or other representation to a prospective franchisee, that a disclosure document has been filed with the Commerce Department, or to make any statement or representation that suggests or implies that the Commerce Department or an other Federal agency has in any way reviewed the content of the disclosure document, made any finding with regard to the content of such document, or has in any way passed upon the merits of, or given approval to, the franchise opportunity. (b) Data Collection and Publication-- (1) The Commerce Department shall, not later than two hundred and forty days after the date of enactment of this section, establish procedures for the compilation, analysis and publication of statistical information on franchise ownership and national franchising practices. For purposes of such procedures, the Commerce Department shall: (A) use as the principal source of statistical information on franchise ownership and practices the disclosure documents for franchise opportunities required to be filed annually under subsection (a); (B) establish categories of statistical information for annual data compilation and analysis, including but not limited to: total numbers of franchisors and franchise businesses, types of franchise businesses, number of foreign franchisors, annual growth in franchisors and franchise businesses, turnover in franchise ownership and numbers of franchise failures; (C) consult with Congress, the Federal Trade Commission, the North American Securities Administrators Association and other interested organizations in identifying additional categories of statistical information for purposes of data compilation and analysis that: (i) involve issues or information of potential interest to the public, or of specific concern to Federal and State regulatory agencies; and (ii) are obtainable from disclosure materials filed in accordance with subsection (a) and from other public sources of information; and (D) initiate periodic questionnaires of franchisors or franchisees to obtain statistical information to supplement information obtainable in disclosure documents filed under subsection (a), or information in connection with topics or categories of statistical information identified under paragraph (C) for which additional sources of information may be required, except that no information obtained from such questionnaires may be used in lieu of information otherwise obtainable in a disclosure document filed under subsection (a) of this section or in data available in the Business Census pursuant to section 4 of this Act. (2) The Commerce Department shall, not later than eighteen months after the date of enactment of this section, and then not less than annually thereafter, publish a report on the information and findings relating to franchise ownership and national franchising practices required to be complied under this subsection. Such report shall be transmitted to the appropriate Committees of the Congress and shall be made available to the public through the Superintendent of Documents. SEC. 4. CENSUS DATA ON FRANCHISE BUSINESSES. (a) The Bureau of the Census of the Department of Commerce (hereafter, the ``Bureau of the Census'') shall include in its Business Census for 1997, and in each such succeeding census, statistical information on the number, ownership and operation of franchise businesses. (b) The Bureau of the Census shall-- (1) consult with the Federal Trade Commission to establish criteria and procedures to identify franchise businesses to be included in the Business Census; and (2) consult with the Congress, the Federal Trade Commission and other interested organizations in establishing categories of statistical information to be collected in the Business Census relating to the number, ownership and operation of franchise businesses. (c) Not later than two hundred and eighty days after the date of enactment of this section, the Bureau of Census shall submit a report to the Congress which shall describe the most cost effective and accurate means to gather and present the statistical information required to be collected pursuant to this section and identify the categories of data relating to franchise businesses to be included in the Business Census. SEC. 5. RULES, REGULATIONS AND FEES. (a) The Secretary of Commerce (hereafter, the ``Secretary'') is authorized to make such rules and regulations as are necessary and appropriate to implement the provisions of this Act. Any rules, regulations, or orders issued pursuant to this authority may be established in such form or manner, may contain such classifications or differentiations, and may provide for such adjustments and reasonable exceptions as in the judgement of the Secretary are necessary or proper to effectuate the purposes of this Act, or to prevent circumvention or evasion of any rule, regulation, or order issued hereunder. (b) The Secretary is further authorized to collect a filing fee or other reasonable charge from any person, partnership or corporation subject to the filing requirement of section 3(a) of this Act for purposes of defraying costs incurred by the Commerce Department in connection with such filing. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``advertisement'' means a communication circulated generally by mail, or print media or electronic media, or otherwise disseminated generally to the public, in connection with an offer or sale of a franchise. (2) The term ``disclosure document'' means either the disclosure statement required by the Commission in Trade Regulation Rule 436 (16 CFR 436) as it may be amended, or an offering circular prepared in accordance with Uniform Franchise Offering Circular guidelines as adopted and amended by the North American Securities Administrators Association, Inc., or its successor. (3) The term ``franchise'' means-- (A) any continuing commercial relationship created by a contract or agreement, whether express or implied, oral or written, where-- (i) one person (the franchisor) grants to another person (the franchisee) the right to engage in the business of offering, selling or distributing goods or services, in which-- (a) the goods or services offered, sold or distributed by the franchisee are substantially associated with the trademark, service mark, trade name, logotype, advertising, or other commercial symbol owned or used by the franchisor; or (b) the franchisee must conform to quality standards established by the franchisor for the goods or services to be offered, sold or distributed, and operate under a name that includes, in whole or in part, the franchisor's trademark, service mark, trade name, logotype, advertising, or other commercial symbol; (ii) the franchisor-- (a) communicates to the franchisee knowledge, experience, expertise, knowhow, trade secrets or other non- patented information, regardless of whether it is proprietary or confidential; (b) provides significant assistance in the franchisee's method of operation; or (c) exercise significant controls over the franchisee's method of operation of the business; and (iii) the franchisee, as a condition for obtaining or commencing operation of a franchise, is required to make, or to commit to make, payment or other consideration to the franchisor, or an affiliate of the franchisor, other than payment for commercially reasonable quantities of goods for resale at a bona fide wholesale price. (B) a subfranchise; or (C) any commercial relationship entered into in reasonable reliance on representations, whether oral or written, that the criteria of subsection (A) will be met. (4) The term ``franchisee'' means a person to whom a franchise is granted. (5) The term ``franchisor'' means a person who grants a franchise or a subfranchise. (6) The term ``person'' means a natural person or any legal entity recognized in law. (7) The term ``subfranchise'' means a contract or an agreement by which a person pays a franchisor for the right to sell, offer for sale or arrange the sale of franchises, or to provide goods or services to franchisees.

Federal Franchise Data and Public Information Act - Requires all persons, partnerships, or corporations selling or offering for sale any franchise or any relationship represented either orally or in writing to be a franchise to file with the Department of Commerce a franchise disclosure document or circular which lists the most recent information with respect to the performance of the franchise. Requires the disclosure document to be filed annually with the Department, and requires the Department to make available to the Congress, the Federal Trade Commission, and other Federal agencies, as requested, copies of such document, as well as provide for public viewing. Requires the Department to establish procedures for the compilation, analysis, and publication of statistical information on franchise ownership and national franchising practices, using as its principal source of information the disclosure documents required under this Act. Requires the Department to take specified actions to ensure that such statistical information is accurate and updated at least annually. Requires the Department to report to the appropriate congressional committees on the information and findings relating to franchise ownership and national franchising practices required to be compiled under this Act. Directs the Department's Bureau of the Census to include in each Business Census beginning with 1997 statistical information on the number, ownership, and operation of franchise businesses.

Federal Franchise Data and Public Information Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student-to-School Nurse Ratio Improvement Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) The American Academy of Pediatrics emphasizes the crucial role school nurses have in the seamless provision of comprehensive health services to children and youth, as well as in the development of a coordinated school health program. (2) The school nurse functions as a leader and the coordinator of the school health services team, facilitating access to a medical home for each child and supporting school achievement. (3) Recent national data indicates 45 percent of public schools have a school nurse all day, every day, while another 30 percent of schools have a school nurse who works part time in 1 or more schools. (4) The American Nurses Association has reported that when there is no registered nurse on the school premises, the responsibility to administer the necessary medications and treatments, and appropriate monitoring of the children falls on the shoulders of administrators, educators, and staff who are ill-prepared to perform these tasks. (5) Statistics from the National Center for Educational Statistics indicate that of the 52,000,000 children who currently spend their day in schools, 16 percent have chronic physical, emotional, or other health problems. (6) A recent study indicated that from 2002 to 2008, the percentage of children in special education with health impairments, due to chronic or acute health problems, increased 60 percent. Within this group, the rate of autism has doubled since 2002. (7) A 40-percent increase in asthma has been seen in the past 10 years, along with nearly 50-percent increase in the incidence of diabetes in the same time period. (8) According to the American Academy of Pediatrics, students today face increased social issues as well as the need for preventative services and interventions for acute and chronic health issues. (9) The Centers for Disease Control and Prevention report that the percentage of children without health insurance was 8.9 percent in 2008, and with over 1,300,000 homeless children in the United States, schools have become the only source of health care for many children and adolescents. (10) Communicable and infectious diseases account for millions of school days lost each year. There is reported evidence that school nurses have a positive impact on immunization rates, with fewer parent requested exemptions. (11) A recent study showed that students with health concerns attended to by school nurses were able to return to class 95 percent of time, while students attended to by nonlicensed staff were only able to return to class 82 percent of the time. (12) Using a formula-based approach for determining a balanced student-to-school nurse ratio offers a reasonable means for achieving better student outcomes. SEC. 3. REDUCING STUDENT-TO-SCHOOL NURSE RATIOS. (a) Demonstration Grants.-- (1) In general.--The Secretary of Education, in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, may make demonstration grants to eligible local educational agencies for the purpose of reducing the student- to-school nurse ratio in public elementary schools and secondary schools. (2) Application.--To receive a grant under this section, an eligible local educational agency shall submit to the Secretary of Education an application at such time, in such manner, and containing such information as the Secretary of Education may require, which shall include information with respect to the current ratios of students-to-school nurses in each of the public elementary secondary and secondary schools served by the agency. (3) Priority.--In awarding grants under this section, the Secretary of Education shall give priority to applications submitted by high-need local educational agencies that demonstrate the greatest need for new or additional nursing services among students in the public elementary secondary and secondary schools served by the agency. (4) Matching funds.--The Secretary of Education may require recipients of grants under this section to provide matching funds from non-Federal sources, and shall permit the recipients to match funds in whole or in part with in-kind contributions. (b) Report.--Not later than 24 months after the date on which a grant is first made to a local educational agency under this section, the Secretary of Education shall submit to the Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation-- (1) of the effectiveness of the program in reducing the student-to-school nurse ratios described in subsection (a)(1); and (2) of the impact of any resulting enhanced health of students on learning. (c) Definitions.--For purposes of this section: (1) The terms ``elementary school'', ``local educational agency'', ``poverty line'', and ``secondary school'' have the meanings given to those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) The term ``eligible local educational agency'' means a local educational agency in which the student-to-school nurse ratio in each public elementary and secondary school served by the agency is 750 or more students to 1 school nurse. (3) The term ``high-need local educational agency'' means a local educational agency-- (A) that serves not fewer than 10,000 children from families with incomes below the poverty line; or (B) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line. (4) The term ``nurse'' means a licensed nurse, as defined under State law. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for each of the fiscal years 2012 through 2016.

Student-to-School Nurse Ratio Improvement Act of 2011 - Authorizes the Secretary of Education to make matching demonstration grants to local educational agencies (LEAs) in which the student-to-school nurse ratio in each of their public elementary and secondary schools is 750 or more students to every school nurse to reduce such ratio. Gives grant priority to LEAs that serve a high number or percentage of impoverished students and demonstrate the greatest need for new or additional nursing services for their students.

To make demonstration grants to eligible local educational agencies for the purpose of reducing the student-to-school nurse ratio in public elementary schools and secondary schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Asian Elephant Conservation Act of 1997''. SEC. 2. FINDINGS. The Congress finds the following: (1) Asian elephant populations in nations within the range of Asian elephants have continued to decline to the point that the long-term survival of the species in the wild is in serious jeopardy. (2) The Asian elephant is listed as an endangered species under section 4 of the Endangered Species Act of 1973 and under appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. (3) Because the challenges facing the conservation of Asian elephants are so great, resources to date have not been sufficient to cope with the continued loss of habitat and the consequent diminution of Asian elephant populations. (4) The Asian elephant is a flagship species for the conservation of tropical forest habitats in which it is found and provides the consequent benefit from such conservation to numerous other species of wildlife including many other endangered species. (5) Among the threats to the Asian elephant in addition to habitat loss are population fragmentation, human-elephant conflict, poaching for ivory, meat, hide, bones and teeth, and capture for domestication. (6) To reduce, remove, or otherwise effectively address these threats to the long-term viability of populations of Asian elephants in the wild will require the joint commitment and effort of nations within the range of Asian elephants, the United States and other countries, and the private sector. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To perpetuate healthy populations of Asian elephants. (2) To assist in the conservation and protection of Asian elephants by supporting the conservation programs of Asian elephant range states and the CITES Secretariat. (3) To provide financial resources for those programs. SEC. 4. DEFINITIONS. In this Act: (1) The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973, and its appendices. (2) The term ``conservation'' means the use of methods and procedures necessary to bring Asian elephants to the point at which there are sufficient populations in the wild to ensure that the species does not become extinct, including all activities associated with scientific resource management, such as conservation, protection, restoration, acquisition, and management of habitat; research and monitoring of known populations; assistance in the development of management plans for managed elephant ranges; CITES enforcement; law enforcement through community participation; translocation of elephants; conflict resolution initiatives; and community outreach and education. (3) The term ``Fund'' means the Asian Elephant Conservation Fund established under section 6(a). (4) The term ``Secretary'' means the Secretary of the Interior. (5) The term ``Administrator'' means the Administrator of the Agency for International Development. SEC. 5. ASIAN ELEPHANT CONSERVATION ASSISTANCE. (a) In General.--The Secretary, subject to the availability of funds and in consultation with the Administrator, shall use amounts in the Fund to provide financial assistance for projects for the conservation of Asian elephants for which final project proposals are approved by the Secretary in accordance with this section. (b) Project Proposal.--Any relevant wildlife management authority of a nation within the range of Asian elephants whose activities directly or indirectly affect Asian elephant populations, the CITES Secretariat, or any person with demonstrated expertise in the conservation of Asian elephants, may submit to the Secretary a project proposal under this section. Each proposal shall include the following: (1) The name of the individual responsible for conducting the project. (2) A succinct statement of the purposes of the project. (3) A description of the qualifications of the individuals who will conduct the project. (4) An estimate of the funds and time required to complete the project. (5) Evidence of support of the project by appropriate governmental entities of countries in which the project will be conducted, if the Secretary determines that the support is required for the success of the project. (6) Information regarding the source and amount of matching funding available to the applicant. (7) Any other information the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.-- (1) In general.--Within 30 days after receiving a final project proposal, the Secretary shall provide a copy of the proposal to the Administrator. The Secretary shall review each final project proposal to determine if it meets the criteria set forth in subsection (d). (2) Consultation; approval or disapproval.--Not later than 6 months after receiving a final project proposal, and subject to the availability of funds, the Secretary, after consulting with the Administrator, shall-- (A) request written comments on the proposal from each country within which the project is to be conducted; (B) after requesting those comments, approve or disapprove the proposal; and (C) provide written notification of that approval or disapproval to the person who submitted the proposal, the Administrator, and each of those countries. (d) Criteria for Approval.--The Secretary may approve a final project proposal under this section if the project will enhance programs for conservation of Asian elephants by assisting efforts to-- (1) implement conservation programs; (2) address the conflicts between humans and elephants that arise from competition for the same habitat; (3) enhance compliance with provisions of CITES and laws of the United States or a foreign country that prohibit or regulate the taking or trade of Asian elephants or regulate the use and management of Asian elephant habitat; (4) develop sound scientific information on the condition of Asian elephant habitat, Asian elephant population numbers and trends, or the threats to such habitat, numbers, or trends; or (5) promote cooperative projects on those topics with other foreign governments, affected local communities, nongovernmental organizations, or others in the private sector. (e) Project Sustainability.--To the maximum extent practical, in determining whether to approve project proposals under this section, the Secretary shall give consideration to projects which will enhance sustainable integrated conservation development programs to ensure effective, long-term conservation of Asian elephants. (f) Project Reporting.--Each person who receives assistance under this section for a project shall provide periodic reports, as the Secretary considers necessary, to the Secretary and the Administrator. Each report shall include all information required by the Secretary, after consulting with the Administrator, for evaluating the progress and success of the project. (g) Matching Funds.--In determining whether to approve project proposals under this section, the Secretary shall give priority to those projects for which there exists some measure of matching funds. (h) Limitation on Use for Captive Breeding.--Amounts provided as a grant under this Act may not be used for captive breeding of Asian elephants other than for release in the wild. SEC. 6. ASIAN ELEPHANT CONSERVATION FUND. (a) Establishment.--There is established in the general fund of the Treasury a separate account to be known as the ``Asian Elephant Conservation Fund'', which shall consist of amounts deposited into the Fund by the Secretary of the Treasury under subsection (b). (b) Deposits Into the Fund.--The Secretary of the Treasury shall deposit into the Fund-- (1) all amounts received by the Secretary in the form of donations under subsection (d); and (2) other amounts appropriated to the Fund. (c) Use.-- (1) In general.--Subject to paragraph (2), the Secretary may use amounts in the Fund without further appropriation to provide assistance under section 5. (2) Administration.--Of amounts in the Fund available for each fiscal year, the Secretary may use not more than 3 percent to administer the Fund. (d) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 5. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 1998, 1999, 2000, 2001, and 2002 to carry out this Act, which may remain available until expended.

Asian Elephant Conservation Act of 1997 - Requires the Secretary of the Interior to use amounts in the Asian Elephant Conservation Fund (established under this Act) to provide financial assistance for projects for the conservation of Asian elephants for which final project proposals are approved by the Secretary. Sets forth provisions concerning: (1) requirements for project proposals; (2) project review and approval; (3) reporting requirements for recipients of assistance provided by this Act; and (4) priority for projects for which there exists some measure of matching funds. Prohibits grants provided under this Act from being used for captive breeding of Asian elephants other than for release in the wild. Establishes the Asian Elephant Conservation Fund. Authorizes appropriations.

Asian Elephant Conservation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Fairness Act of 1999.'' SEC. 2. RELIEF FROM INJURY. (a) Test for Positive Adjustment to Import Competition.--Section 201(a) of the Trade Act of 1974 (19 U.S.C. 2251(a)) is amended by striking ``substantial''. (b) Investigations and Determinations.--Section 202 of such Act (19 U.S.C. 2252) is amended-- (1) in subsection (b)(1)(A), by striking ``substantial''; (2) by amending subsection (b)(1)(B) to read as follows: ``(B) Imports shall be considered to be a `cause of serious injury, or the threat thereof,' if a causal link is established between imports and injury to the domestic industry.''; (3) by amending subsection (c)(1)(A) to read as follows: ``(A) with respect to serious injury-- ``(i) the rate and amount of the increase in imports of the product concerned in absolute and relative terms; ``(ii) the share of the domestic market taken by increased imports; ``(iii) changes in the level of sales; ``(iv) production; ``(v) productivity; ``(vi) capacity utilization; ``(vii) profits and losses; and ``(viii) employment.''; (4) in subsection (c)(1)(C), by striking ``with respect to substantial cause'' and inserting ``with respect to whether there is a causal link between imports and serious injury''; and (5) in subsection (c)(3), by striking ``substantial''. (c) Action Regarding ITC Investigation of Injury.--Section 264(c) of the Trade Act of 1974 (19 U.S.C. 2354(c)) is amended by striking ``substantial''. SEC. 3. STEEL IMPORT PERMIT AND MONITORING PROGRAM. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of the Treasury, shall establish and implement a steel import permit and monitoring program. The program shall include a requirement that any person importing a product classified under chapter 72 or 73 of the Harmonized Tariff Schedule of the United States obtain an import permit before such products are entered into the United States. (b) Steel Import Permits.-- (1) In general.--In order to obtain a steel import permit, an importer shall submit to the Secretary of Commerce an application containing-- (A) the importer's name and address; (B) the name and address of the supplier of the goods to be imported; (C) the name and address of the producer of the goods to be imported; (D) the country of origin of the goods; (E) the country from which the goods are to be imported; (F) the United States Customs port of entry where the goods will be entered; (G) the expected date of entry of the goods into the United States; (H) a description of the goods, including the classification of such goods under the Harmonized Tariff Schedule of the United States; (I) the quantity (in kilograms and net tons) of the goods to be imported; (J) the cost insurance freight (CIF) and free alongside ship (FAS) values of the goods to be entered; (K) whether the goods are being entered for consumption or for entry into a bonded warehouse or foreign trade zone; (L) a certification that the information furnished in the permit application is correct; and (M) any other information the Secretary of Commerce determines to be necessary and appropriate. (2) Entry into customs territory.--In the case of merchandise classified under chapter 72 or 73 of the Harmonized Tariff Schedule of the United States that is initially entered into a bonded warehouse or foreign trade zone, a steel import permit shall be required before the merchandise is entered into the customs territory of the United States. (3) Issuance of permit.--The Secretary of Commerce shall issue a steel import permit to any person who files an application that meets the requirements of this section. Such permit shall be valid for a period of 30 days from the date of issuance. (c) Statistical Information.-- (1) In general.-- The Secretary of Commerce shall compile and publish on a weekly basis information described in paragraph (2). (2) Information described.--Information described in this paragraph means information obtained from steel import permit applications concerning steel imported into the United States and includes with respect to such imports the Harmonized Tariff Schedule of the United States classification (to the tenth digit), the country of origin, the port of entry, quantity, value of steel imported, and whether the imports are entered for consumption or are entered into a bonded warehouse or foreign trade zone. Such information shall also be compiled in aggregate form and made publicly available by the Secretary of Commerce on a weekly basis by public posting through an Internet website. The information provided under this section shall be in addition to any information otherwise required by law. (d) Fees.--The Secretary of Commerce may prescribe reasonable fees and charges to defray the costs of carrying out the provisions of this section, including a fee for issuing a permit under this section. (e) Single Producer and Exporter Countries.--Notwithstanding any other provision of law, the Secretary of Commerce shall make publicly available all information required to be released pursuant to subsection (c), including information obtained regarding imports from a foreign producer or exporter that is the only producer or exporter of goods subject to this section from a foreign country. (f) Regulations.--The Secretary of Commerce may prescribe such rules and regulations relating to the steel import permit and monitoring program as may be necessary to carry the provisions of this section.

Revises certain factors the International Trade Commission must consider when investigating to determine whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury (or threat) to the domestic industry producing an article like or directly competitive with the imported article. Repeals, similarly, the requirement that such injury be substantial. Declares that imports shall be considered to be a "cause of serious injury, or threat thereof," if a causal link is established between imports and injury to the domestic industry. Directs the Secretary of Commerce to establish and implement a steel import permit and monitoring program. Requires: (1) a person to have a steel import permit before he or she can import certain steel products into the United States; and (2) the Secretary to issue such permit to any person who files an application that meets specified requirements. Requires the Secretary to compile and publish certain information with respect to such imported steel.

Trade Fairness Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Extradition Enforcement Act of 1999''. SEC. 2. ANNUAL REPORT ON EXTRADITION EFFORTS BETWEEN THE UNITED STATES AND FOREIGN GOVERNMENTS. (a) Annual Report.-- (1) In general.--Not later than January 1 of each year, the Secretary of State, in conjunction with the Attorney General, shall prepare and submit to the Congress an annual report on efforts between the United States and the governments of foreign countries to extradite to the United States individuals described in paragraph (2) during the preceding year. (2) Individuals described.--An individual described in this paragraph is an individual who is being held in custody by the government of a foreign country (or who is otherwise known to be in the foreign country), and with respect to which a competent authority of the United States-- (A) has charged with a major extraditable offense described in paragraph (3); (B) has found guilty of committing a major extraditable offense described in paragraph (3); or (C) is seeking extradition in order to complete a judicially pronounced penalty of deprivation of liberty for a major extraditable offense described in paragraph (3). (3) Major extraditable offenses described.--A major extraditable offense described in this paragraph is an offense of murder, attempted murder, manslaughter, aggravated assault, kidnapping, abduction, or other false imprisonment, or rape. (b) Additional Requirements.--The annual report required under subsection (a) shall also include the following: (1) The aggregate number of individuals described in subsection (a)(2) who are being held in custody by all governments of foreign countries (or are otherwise known to be in the foreign countries) during the preceding year. (2) With respect to each individual described in subsection (a)(2), the reasons why the individual has not been extradited to the United States and the specific actions the United States has taken to obtain extradition. SEC. 3. SANCTIONS AGAINST FOREIGN GOVERNMENTS THAT ARE UNCOOPERATIVE IN EXTRADITION EFFORTS WITH THE UNITED STATES. (a) Prohibition on Development and Security Assistance.-- (1) Prohibition.--Development assistance and security assistance may not be provided to a foreign government that the President identifies under subsection (d) as uncooperative in extradition efforts with the United States. (2) Definitions.--In this subsection: (A) Development assistance.--The term ``development assistance'' means assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). (B) Security assistance.--The term ``security assistance'' means assistance under-- (i)(I) chapter 2 of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.); and (II) chapter 5 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.); and (ii) the Arms Export Control Act (22 U.S.C. 2751 et seq.). (b) Opposition to Multilateral Assistance.--The President shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to use the voice, vote, and influence of the United States to oppose any proposal to provide any kind of assistance that would primarily benefit a foreign government that the President identifies under subsection (d) as uncooperative in extradition efforts with the United States. (c) Denial of Visas.--No consular officer shall issue a visa to, and the Attorney General shall exclude from the United States, any alien who the Secretary of State determines is a high-ranking official of the government of a country that the President identifies under subsection (d) as uncooperative in extradition efforts with the United States. (d) Identification and Report.-- (1) Identification.--The President shall identify on an annual basis those foreign governments that are uncooperative in extradition efforts with the United States. In making an identification with respect to a foreign government under this paragraph, the President shall take into account information in the annual report required under section 2 and the following: (A) The extent to which the foreign government has a policy to refuse to extradite to the United States its citizens who are charged with, or found guilty of committing, major extraditable offenses described in section 2(a)(3), by such other countries. (B) Whether or not the foreign government, upon request by competent authorities of the United States, has failed to extradite to the United States during the preceding year 1 or more citizens of the United States who are described in section 2(a)(2). (C) Whether or not the foreign government, upon request by competent authorities of the United States (and in accordance with subsection (f), if applicable), has failed to extradite to the United States during the preceding 2-year period 5 or more individuals (involving unrelated extradition requests) described in section 2(a)(2). (D) The extent to which corruption in the foreign government jeopardizes the extradition process of that country. (2) Report.--Not later than March 1 of each year, the President shall prepare and transmit to the Congress a report containing a list of the foreign governments identified under paragraph (1). (e) Waiver by President.-- (1) Waiver.--The President may waive the prohibition on development assistance and security assistance under subsection (a), the requirement to oppose multilateral assistance under subsection (b), or the denial of visas under subsection (c), with respect to a foreign government if the President determines and certifies to the Congress that it is in the vital national interests of the United States to do so. (2) Congressional review.--Notwithstanding paragraph (1), if, not later than 60 calendar days after receipt of a certification of the President with respect to a foreign government under paragraph (1), a joint resolution is enacted disapproving the certification, then-- (A) funds may not be obligated or expended for development assistance or security assistance for the foreign country in accordance with subsection (a); (B) the requirement to oppose multilateral assistance under subsection (b) shall apply; and (C) the requirement to deny visas for high-ranking officials of the government of that country under subsection (c) shall apply. (f) Formal Complaint Procedures Relating to Denial of Extradition Requests.--The Attorney General shall establish procedures under which a competent authority of a State, which is requesting extradition of 1 or more individuals from a foreign country as described in subsection (d)(1)(C) and with respect to which the foreign country has failed to comply with such request, may submit to the Attorney General a formal complaint for purposes of determining whether or not the country has failed to extradite to the United States during the preceding 2-year period 5 or more individuals (involving unrelated extradition requests) in accordance with such subsection (d)(1)(C). SEC. 4. CRIMINAL PENALTIES. (a) Increased Penalty for Flight To Avoid Prosecution.--Section 1073 of title 18, United States Code, is amended by striking ``five years'' and inserting ``15 years''. (b) Transfers to Persons Resisting Extradition.-- (1) Generally.--Chapter 49 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1075. Transfers to persons resisting extradition ``Whoever knowingly transfers from the United States anything of value to a person who is in a foreign place with the intent to assist that person in resisting extradition to the United States shall be fined under this title or imprisoned not more than 10 years, or both.'' (2) Clerical amendment.--The table of sections at the beginning of chapter 49 of title 18, United States Code, is amended by adding at the end the following new item: ``1075. Transfers to persons resisting extradition.''. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act, or in any amendment made by this Act, shall be construed to affect any provision of an extradition treaty between the United States and a foreign government.

Prohibits the provision of development and security assistance to, or the issuance of a visa to any alien who is a high-ranking official of, a government of a country uncooperative in extradition efforts with the United States. Provides for the waiver of such prohibitions if it is in the vital national interests of the United States. Directs the Attorney General to establish procedures under which a State, which is requesting extradition of one or more individuals from a foreign country failing to comply with such request, may file a formal complaint with the Attorney General for purposes of determining whether or not such country has failed to extradite to the United States during the preceding two- year period five or more individuals (involving unrelated extradition requests) in accordance with this Act. Amends Federal criminal law to increase the criminal penalty for individuals who flee to avoid prosecution or give testimony in the United States. Imposes both civil and criminal penalties for persons who knowingly transfer from the United States anything of value to a person in a foreign country with the intent to assist such person in resisting extradition to the United States.

International Extradition Enforcement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Contracting Opportunities Expansion Act of 2012''. SEC. 2. GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS CONCERNS. (a) In General.--Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended by striking the subsection enumerator and inserting the following: ``(g) Goals for Procurement Contracts Awarded to Small Business Concerns.--''. (b) Government-Wide Goals.--Paragraph (1) of section 15(g) of such Act (15 U.S.C. 644(g)) is amended to read as follows: ``(1) Government-wide goals.--The President shall annually establish Government-wide goals for procurement contracts awarded to small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women in accordance with the following: ``(A) The Government-wide goal for participation by small business concerns shall be established at not less than 26 percent of the total value of all prime contract awards for each fiscal year and 40 percent of the total value of all subcontract awards for each fiscal year. ``(B) The Government-wide goal for participation by small business concerns owned and controlled by service-disabled veterans shall be established at not less than 3 percent of the total value of all prime contract and at not less than 3 percent of the total value of all subcontract awards for each fiscal year. ``(C) The Government-wide goal for participation by qualified HUBZone small business concerns shall be established at not less than 3 percent of the total value of all prime contract and at not less than 3 percent of the total value of all subcontract awards for each fiscal year. ``(D) 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 6 percent of the total value of all prime contract and at not less than 6 percent of the total value of all subcontract awards for each fiscal year. ``(E) The Government-wide goal for participation by small business concerns owned and controlled by women shall be established at not less than 5 percent of the total value of all prime contract and at not less than 5 percent of the total value of all subcontract awards for each fiscal year.''. (c) Agency Goals.--Paragraph (2) of section 15(g) of such Act (15 U.S.C. 644(g)) is amended to read as follows: ``(2) Agency goals.-- ``(A) Establishment.-- ``(i) In general.--The head of each Federal agency shall annually establish, for the agency that individual heads, a goal for procurement contracts awarded to-- ``(I) small business concerns; ``(II) small business concerns owned and controlled by service- disabled veterans; ``(III) qualified HUBZone small business concerns; ``(IV) small business concerns owned and controlled by socially and economically disadvantaged individuals; and ``(V) small business concerns owned and controlled by women. ``(ii) Certain goals derived from prior fiscal year participation rates.--For each fiscal year-- ``(I) each goal established under clause (i)(II) shall be not less than the average of the percentage of participation by small business concerns owned and controlled by service-disabled veterans in each of the 3 preceding fiscal years; ``(II) each goal established under clause (i)(III) shall be not less than the average of the percentage of participation by qualified HUBZone small business concerns in each of the 3 preceding fiscal years; ``(III) each goal established under clause (i)(IV) shall be not less than the average of the percentage of participation by small business concerns owned and controlled by socially and economically disadvantaged individuals in each of the 3 preceding fiscal years; and ``(IV) each goal established under clause (i)(V) shall be not less than the average of the percentage of participation by small business concerns owned and controlled by women in each of the 3 preceding fiscal years. ``(B) Relationship to government-wide goals.-- ``(i) Scope.--The goals established by the head of a Federal agency under subparagraph (A) shall be in the same format as the goals established by the President under paragraph (1) and shall address both prime contract and subcontract awards. ``(ii) Requirement to meet or exceed government-wide goals.--With respect to each goal for a fiscal year established under subparagraph (A) for a category of small business concern, the participation percentage applicable to such goal may not be less than the participation percentage applicable to the Government-wide goal for such fiscal year established under paragraph (1) for such category. ``(C) Consultation required.-- ``(i) In general.--In establishing goals under subparagraph (A), the head of each Federal agency shall consult with the Administrator. ``(ii) Disagreements.--If the Administrator and the head of a Federal agency fail to agree on a goal established under subparagraph (A), the disagreement shall be submitted to the Administrator for Federal Procurement Policy for final determination. ``(D) Plan for achieving goals.--After establishing goals under subparagraph (A) for a fiscal year, the head of each Federal agency shall develop a plan for achieving such goals, which shall apportion responsibilities among the employees of such agency having procurement powers. ``(E) Expanded participation.--In establishing goals under subparagraph (A), the head of each Federal agency shall make a consistent effort to annually expand participation by small business concerns from each industry category in procurement contracts of such agency, including participation by small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. ``(F) Consideration.--The head of each Federal agency, in attempting to attain expanded participation under subparagraph (E), shall consider-- ``(i) contracts awarded as the result of unrestricted competition; and ``(ii) contracts awarded after competition restricted to eligible small business concerns under this section and under the program established under section 8(a). ``(G) Communication regarding goals.-- ``(i) Importance of achieving goals.--Each procurement employee or program manager described in clause (ii) shall communicate to the subordinates of the procurement employee or program manager the importance of achieving goals established under subparagraph (A). ``(ii) Procurement employees or program managers described.--A procurement employee or program manager described in this clause is a senior procurement executive, senior program manager, or Director of Small and Disadvantaged Business Utilization of a Federal agency having contracting authority.''. (d) Enforcement; Determinations of the Total Value of Contract Awards.--Section 15(g) of the Small Business Act (15 U.S.C. 644(g)), as amended by this Act, is further amended by adding at the end the following: ``(3) Enforcement.--If the Administrator does not issue the report required in paragraph (2) on or before the date that is 120 days after the end of the prior fiscal year, the Administrator may not carry out or establish any pilot program until the date on which the Administrator issues the report. ``(4) Determinations of the total value of contract awards.--For purposes of the goals established under paragraphs (1) and (2), the total value of contract awards for a fiscal year may not be determined in a manner that excludes the value of a contract based on-- ``(A) where the contract is awarded; ``(B) where the contract is performed; ``(C) whether the contract is mandated by Federal law to be performed by an entity other than a small business concern; ``(D) whether funding for the contract is made available in an appropriations Act, if the contract is subject to competition in the Contract Act; or ``(E) whether the contract is subject to the Federal Acquisition Regulation.''. SEC. 3. STUDIES ON HOW TO IMPROVE PARTICIPATION IN FEDERAL CONTRACTING BY TARGETED GROUPS. (a) Internal Agency Processes.--Not later than December 31, 2013, the Comptroller General of the United States, in consultation with the Administrator of the Small Business Administration and the Administrator of General Services, shall complete a study and submit a report to Congress on improving internal processes of agencies engaged in contracting or procurement and increasing outreach to those groups that are the subject of contracting goals under section 15(g)(1) of the Small Business Act. (b) Recommended Legislative Action.--Not later than December 31, 2013, the Comptroller General of the United States, in consultation with the Administrator of the Small Business Administration and the Administrator of General Services, shall complete a study and submit a report to Congress on legislative actions Congress can take to improve participation in contracting by those groups that are the subject of contracting goals under section 15(g)(1) of the Small Business Act. (c) New Government-Wide Goals for Certain Small Businesses.--Not later than December 31, 2013, the Comptroller General of the United States, in consultation with the Administrator of the Small Business Administration, the Secretary of Veterans Affairs, and the Administrator of General Services, shall complete a study and submit a report to Congress on the feasibility of the creation of a Government- wide goal for contracting with small business concerns owned and controlled by veterans. SEC. 4. INCREASE IN GOVERNMENT-WIDE GOAL FOR ALL TARGETED GROUPS IN 2018. (a) In General.--Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)), as amended by this Act, is further amended-- (1) in subparagraph (A), by striking ``26 percent'' and inserting ``27 percent''; (2) in subparagraph (C), by striking ``3 percent'' each place it appears and inserting ``4 percent''; (3) in subparagraph (D), by striking ``6 percent'' each place it appears and inserting ``7.5 percent''; and (4) in subparagraph (E), by striking ``5 percent'' each place it appears and inserting ``6 percent''. (b) Effective Date.--The amendment made by this section shall take effect beginning on fiscal year 2017.

Small Business Contracting Opportunities Expansion Act of 2012 - Amends the Small Business Act to raise from 23% to 26% the governmentwide prime contract award goal for participation by small business concerns and make the governmentwide subcontract participation award goal 40% for such businesses. Increases percentage goals for awards to qualified HUBZone [historically underutilized business zone] small businesses and small businesses owned and controlled by socially and economically disadvantaged individuals. Requires such latter procurement goals, as well as goals for small businesses owned and controlled by service-disabled veterans and by women (collectively, the targeted groups), as established annually by the head of each federal agency participating in federal procurement contracts, to: (1) be at least the average percentage of participation that occurred over the last three fiscal years, (2) be in the same format as the goals established by the President, (3) address both prime contract and subcontract awards, and (4) meet or exceed the government-wide goals for each small business category. Requires each agency head to: (1) consult with the Small Business Administration (SBA) Administrator in establishing agency goals, and (2) develop a plan for achieving agency goals. Prohibits the carrying out or establishing of any SBA pilot program if the Administrator does not issue a required annual report which compiles and analyzes each agency's performance with respect to procurement contract participation by small businesses. Requires the Comptroller General to study, and report to Congress on: (1) improving internal processes of federal procurement contracting agencies and increasing outreach to those groups that make up the small business categories, (2) legislative actions to improve participation in contracting by such groups, and (3) the feasibility of creating a governmentwide contract participation goal for small businesses owned and controlled by veterans. Increases, as of FY2017, the governmentwide small business participation goal as well as the goals for targeted groups.

To amend the Small Business Act to provide for higher goals for procurement contracts awarded to small business concerns, and for other purposes.

SECTION 1. FAILURE TO REPATRIATE EXCEPTION TO IMMUNITY. (a) Standing in Federal Courts.-- (1) In general.--Chapter 97 of title 28, United States Code, is amended by inserting after section 1605A the following: ``Sec. 1605B. Failure to repatriate exception to the jurisdictional immunity of a foreign state ``(a) No Immunity.--A foreign state shall not be immune from the jurisdiction of courts of the United States in any case not otherwise covered by this chapter-- ``(1) which is brought against a foreign state that denies or unreasonably delays the repatriation of an alien who-- ``(A) is a citizen, subject, national, or resident of such country; ``(B) has received a final order of removal under chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.); and ``(C) commits and is convicted of a crime of violence in the United States after the issuance of such final order; and ``(2) in which money damages for personal injury or death caused by the crime of violence referred to in paragraph (1)(C) are sought by the victim of such crime, by the legal representative of such victim, or by the United States on behalf of such victim. ``(b) Private Right of Action.--A foreign state that denies or unreasonably delays the repatriation of an alien described under subsection (a)(1), and any official, employee, or agent of that foreign state, who is responsible for such denial or delay, while acting within the scope of his or her office, employment, or agency, shall be liable to the victim of the crime of violence described under subsection (a)(1)(C), to the legal representative of such victim, or to the United States on behalf of such victim, for money damages for personal injury or death caused by such crime, committed by such alien, for which the courts of the United States may maintain jurisdiction under this section. ``(c) Money Damages.--If the United States proceeds with an action under this subsection and the court awards money damages, such money damages shall be awarded to the victim of the crime of violence described under subsection (a)(1)(C). ``(d) Attorney Fees.--In the case of any prevailing plaintiff, other than the United States, under subsection (b), the court may award to the prevailing plaintiff the costs of the action and reasonable attorney fees. ``(e) Limitations.--An action may be brought or maintained under this section if the action is commenced-- ``(1) not later than 5 years after the date on which the crime of violence that is the basis for the action was committed if the crime of violence is not punishable by death; and ``(2) at any time without limitation if the crime of violence that is the basis for the action is punishable by death. ``(f) Definitions.--In this section: ``(1) Crime of violence.--The term `crime of violence' means-- ``(A) murder, rape, or the sexual abuse of a minor; ``(B) an offense that has as an element the use, attempted use, or threatened use of physical force against another person; or ``(C) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against another person may be used in the course of committing the offense. ``(2) Denies or unreasonably delays.-- ``(A) In general.--Except as provided under subparagraph (B), a country `denies or unreasonably delays' the acceptance of an alien who is a citizen, subject, national, or resident of the country if the country does not accept the alien within the removal period. ``(B) Alien that may not be removed.--For purposes of subparagraph (A), a country does not deny or unreasonably delay the acceptance of an alien who is a citizen, subject, national, or resident of the country if such alien may not be removed pursuant to section 241 of the Immigration and Nationality Act (8 U.S.C. 1231). ``(3) Removal period.--The term `removal period' has the meaning given such term in section 241(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(1)).''. (2) Amendment to chapter analysis.--The table of sections at the beginning of chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605A the following: ``1605B. Failure to repatriate exception to jurisdictional immunity of a foreign state.''. (b) Conforming Amendment.--Section 1607(a) of title 28, United States Code, is amended by striking ``or 1605A'' and inserting``, 1605A, or 1605B''. SEC. 2. PROHIBITION ON FOREIGN ASSISTANCE TO A COUNTRY THAT DENIES OR UNREASONABLY DELAYS THE REPATRIATION OF A NATIONAL WHO HAS BEEN ORDERED REMOVED FROM THE UNITED STATES. Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following: ``SEC. 137. PROHIBITION ON ASSISTANCE TO A COUNTRY THAT DENIES OR UNREASONABLY DELAYS THE REPATRIATION OF A NATIONAL WHO HAS BEEN ORDERED REMOVED FROM THE UNITED STATES. ``(a) In General.--Except as otherwise provided under this section, no assistance may be provided under this Act to a foreign country that denies or unreasonably delays the acceptance of an alien who-- ``(1) is physically present in the United States; ``(2) is a citizen, subject, national, or resident of such country; and ``(3) has received a final order of removal under chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.). ``(b) Quarterly Reports.--Except as otherwise provided under this section, not later than 90 days after the date of enactment of this section, and every 3 months thereafter, the Secretary of Homeland Security shall submit a report to the Congress that-- ``(1) lists all the countries that deny or unreasonably delay the acceptance of an alien described under subsection (a); and ``(2) includes the total number of aliens described under subsection (a), organized by-- ``(A) name; ``(B) country; ``(C) detention status; and ``(D) criminal status. ``(c) Compliance With Repatriation.--If the Secretary of Homeland Security determines that a country listed in the quarterly report under subsection (b) has accepted each alien listed with respect to that country under subsection (b)(2), the country shall be removed from the list in the next quarterly report submitted under subsection (b) and shall not be subject to the sanctions described under subsection (a) or under section 241(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(4)), unless subsection (b) of this section applies to such country with respect to another alien. ``(d) Emergency and Humanitarian Exceptions.--The prohibition under subsection (a) shall not apply if the President determines and certifies to the Congress that there is an emergency circumstance or a humanitarian reason to provide assistance otherwise subject to the prohibition. The authority of the President to make determinations under this subsection may not be delegated. ``(e) Definitions.--In this section: ``(1) Denies or unreasonably delays.-- ``(A) In general.--Except as provided under subparagraph (B), a country `denies or unreasonably delays' the acceptance of an alien who is a citizen, subject, national, or resident of the country if the country does not accept the alien within the removal period. ``(B) Alien that may not be removed.--For purposes of subparagraph (A), a country does not deny or unreasonably delay the acceptance of an alien who is a citizen, subject, national, or resident of the country if such alien may not be removed pursuant to section 241 of the Immigration and Nationality Act (8 U.S.C. 1231). ``(2) Removal period.--The term `removal period' has the meaning given such term in section 241(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(1)).''. SEC. 3. DISCONTINUING GRANTING VISAS TO NATIONALS OF COUNTRY DENYING OR DELAYING ACCEPTING ALIENS. (a) Amendment.--Section 243 of the Immigration and Nationality Act (8 U.S.C. 1253) is amended by striking subsection (d). (b) Discontinuing Granting Visas to Nationals of Country Denying or Delaying Accepting Alien.--Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended by adding at the end the following: ``(4) Discontinuing granting visas and denying admission to nationals of country denying or delaying accepting aliens.-- ``(A) Discontinuing granting visas.--Except as provided under subparagraph (C), if a country is listed in the most recent quarterly report submitted by the Secretary of Homeland Security to Congress under section 137(b) of the Foreign Assistance Act of 1961, the Secretary of State may not issue a visa to a citizen, subject, national, or resident of such country until-- ``(i) the Secretary of Homeland Security notifies the Secretary of State that the country is not subject to the sanction under section 137(a) of that Act; or ``(ii) each alien listed in the report with respect to such country has otherwise been removed from the United States. ``(B) Denying admission to nationals and foreign government officials.--Except as provided under subparagraph (C), if a country is listed in the most recent quarterly report submitted by the Secretary of Homeland Security to Congress under section 137(b) of the Foreign Assistance Act of 1961, the Secretary of Homeland Security, in consultation with the Secretary of State-- ``(i) shall deny admission to any citizen, subject, national, or resident of that country who has received any immigrant or nonimmigrant visa; and ``(ii) shall deny admission to any citizen, subject, national, or resident of that country who has received a nonimmigrant visa pursuant to subparagraph (A) or (G) of section 101(a)(15). ``(C) Exception.--Subparagraphs (A) and (B) do not apply if the Secretary of State determines that the life or freedom of the visa applicant or individual seeking admission would be threatened in the country listed under section 137(b) of the Foreign Assistance Act of 1961. ``(D) Effect of unauthorized issuance.--Any visa issued in violation of this paragraph shall be null and void.''. SEC. 4. NOTICE TO STATE AND LOCAL LAW ENFORCEMENT. (a) Notice.-- (1) In general.--As soon as practicable, the Secretary of Homeland Security shall notify the chief law enforcement officer of the State and of the local jurisdiction in which any alien described in paragraph (2) has been detained by the United States is released. (2) Alien described.--An alien is described in this paragraph if the alien-- (A) is listed in the most recent quarterly report submitted by the Secretary of Homeland Security to Congress under section 137(b) of the Foreign Assistance Act of 1961; or (B) has received a final order of removal under chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) and has not been removed from the United States. (b) Information Contained in Notice.--The notice under subsection (a) shall include the following information, if available, about each alien: (1) Name. (2) Location where the alien is released. (3) Date of release. (4) Country of nationality. (5) Detention status. (6) Criminal history, including probation and parole information.

Denies immunity from the jurisdiction of U.S. courts to a foreign country in any case: (1) brought against a foreign country that denied or unreasonably delayed the repatriation of an alien who is a citizen, subject, national, or resident of such country and who, while under a final order of removal from the United States, committed and was convicted of a crime of violence in the United States; and (2) in which money damages for personal injury or death are sought by or on behalf of the crime victim. Establishes a private right of action for victims against a country and against any official, employee, or agent of such country responsible for the denial or delay of repatriation. Permits an action to be brought or maintained: (1) if begun not later than five years after the date of a crime's commission; and (2) at any time if the crime is punishable by death. Amends the Foreign Assistance Act of 1961 to: (1) prohibit, with an emergency and humanitarian exemption, assistance to a country that denies or unreasonably delays the repatriation of a citizen, subject, national, or resident who has been ordered removed from the United States; and (2) direct the Secretary of Homeland Security (DHS) to report quarterly to Congress regarding such countries and aliens. Amends the the Immigration and Nationality Act to: (1) prohibit issuance of visas to citizens, subjects, nationals, or residents of a country listed in the most recent quarterly report until the Secretary notifies the Secretary of State that the country is not subject to such assistance sanction, or each alien listed in the report with respect to such country has been removed from the United States; and (2) deny entrance to visa holders who are citizens, subjects, nationals, residents, or government officials of such a country. Directs the Secretary to notify the chief law enforcement officer of the state and of the local jurisdiction in which an alien who has been detained by the United States is released. Defines "alien" as an individual who: (1) is listed in the most recent quarterly report; or (2) has received a final order of removal and has not been removed from the United States.

To create a cause of action and allow standing in Federal courts against a country that denies or unreasonably delays the repatriation of a national ordered removed from the United States to such country who later commits a crime of violence in the United States, to withhold foreign assistance from each country that denies or unreasonably delays the repatriation of nationals of such country who have been ordered removed from the United States, to prohibit the issuance of visas to nationals of such country, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``David's Sling Authorization Act for Fiscal Year 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Israel is threatened by missiles and rockets from adversaries in the region. (2) Over the past several years, with the assistance of the governments of the Islamic Republic of Iran and Syria, Hezbollah and Hamas have increased their stockpile of rockets and missiles, which are ready to be fired at Israel. The Lebanon conflict in 2006 proved that Large Caliber Artillery Rockets (LCARs) and Short Range Ballistic Missiles (SRBMs) have become an immediate mortal threat to the Israeli civilian population and are in the possession of Hezbollah and Syria. (3) In 2014, Hezbollah took possession of advanced guided- missile systems from Syria, representing a major upgrade from the tens of thousands unguided rockets in Hezbollah's possession. (4) Hamas militants recently acquired long-range M-302 rockets and fired them deeper into Israel than they ever had before. (5) In 2008, the United States and Israel signed a project agreement to co-develop the David's Sling system. (6) The David's Sling system will provide Israel an effective and affordable defense against the threat of LCAR, Tactical Ballistic Missiles (TBM) and against the emerging Cruise Missile and similar representative threats, currently proliferating in the region. (7) Israeli Ballistic Missile Defense (BMD) multi-tier architecture is comprised of the Upper Tier (Arrow Weapon System with Arrow 2 and Arrow 3 interceptors) and Lower Tier (David's Sling and Iron Dome systems). Arrow 2 and Iron Dome are operational, while David's Sling is expected to reach its initial operational capability shortly, followed by Arrow 3 in near future. (8) Each system is designed to optimally encounter its own range of threats, with a limited planned overlap between them. David's Sling is designed to provide a regionally versatile defense in a range between Iron Dome and Arrow 2 systems. (9) The missile and rocket threat to Israel is immediate. Rapid development and deployment of the David's Sling system is crucial to provide an enhanced defense to the State of Israel and its people. (10) The fiscal year 2016 requirement for maintaining the cost and schedule for the Arrow II, Arrow III, David's Sling, and Iron Dome programs is $475,200,000 to support research, testing, development, and procurement of these systems. (11) Of the $475,200,000, $136,900,000 is required in fiscal year 2016 for completion of research and development and $150,000,000 is required for the procurement of David's Sling system components. (12) The United States-Israel Enhanced Security Cooperation Act of 2012 (Public Law 112-150) reaffirmed the commitment of the United States to the security of Israel as a Jewish State and to assist in the defense of Israel and to protect United States interests. (13) The United States-Israel Strategic Partnership Act of 2014 (Public Law 113-296) designated Israel as a Major Strategic Partner of the United States. SEC. 3. DEVELOPMENT AND PRODUCTION OF DAVID'S SLING WEAPONS PROGRAM. (a) Authority.--The Secretary of Defense may carry out activities relating to the research, development, test, and evaluation and procurement of the David's Sling weapons program. (b) Authorization of Appropriations.--In addition to amounts otherwise authorized to be appropriated for the Department of Defense for fiscal year 2016, to carry out this section there is authorized to be appropriated for fiscal year 2016-- (1) for procurement, Defense-wide, $150,000,000; and (2) for research, development, test, and evaluation, Defense-wide, $136,900,000. (c) Sense of Congress on Coproduction.--It is the Sense of Congress that-- (1) the United States and the Government of Israel should enter into a production agreement that specifies the terms of coproduction, program schedule, and an itemization of costs with respect to the David's Sling weapons program production activities; (2) such production agreement should strive for coproduction of the David's Sling components to the most optimal level and schedule; and (3) reaching such a bilateral production agreement, to include funds disbursement policy, should be a priority, as has been done in other missile defense programs.

David's Sling Authorization Act for Fiscal Year 2016 This bill authorizes the Secretary of Defense carry out activities relating to the research, development, test, and evaluation and procurement of the David's Sling weapons program. It is the sense of Congress that: the United States and Israel should enter into a production agreement that specifies the terms of coproduction, program schedule, and an itemization of costs for the David's Sling weapons program production; such production agreement should strive for optimal coproduction of the David's Sling components; and reaching such a bilateral production agreement, which includes funds disbursement policy, should be a priority.

David's Sling Authorization Act for Fiscal Year 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Security Administration Ombudsman Act of 2011''. SEC. 2. TRANSPORTATION SECURITY ADMINISTRATION OMBUDSMAN OFFICE. (a) In General.--Subchapter II of chapter 449 of title 49, United States Code is amended by adding at the end the following new section: ``Sec. 44946. Ombudsman ``(a) In General.-- ``(1) Establishment.--There is established an Office of the Ombudsman in the Transportation Security Administration. ``(2) Ombudsman.-- ``(A) In general.--The Office shall be under the direction of the Ombudsman of the Transportation Security Administration, who shall be appointed by the Chief Human Capital Officer of the Department of Homeland Security on behalf of the Secretary of Homeland Security. ``(B) Qualifications.--An individual appointed as the Ombudsman must have expertise in-- ``(i) labor and employment relations with Federal agencies; and ``(ii) dispute resolution. ``(C) Notification of appointment and removal.--The Chief Human Capital Officer of the Department of Homeland Security shall notify the appropriate congressional committees within 30 days after the effective date of any of the following actions: ``(i) The appointment of an individual as Ombudsman. ``(ii) The reappointment as Ombudsman of an individual who is serving as Ombudsman. ``(iii) The removal of an individual from the position of Ombudsman. ``(3) Ensuring independence of ombudsman.-- ``(A) In general.--The Ombudsman shall report-- ``(i) to the Administrator of the Transportation Security Administration; and ``(ii) to the Chief Human Capital Officer of the Department of Homeland Security with respect to any dispute between the Ombudsman and the Administrator of Transportation Security Administration over matters involving the execution of the Ombudsman's duties as set forth in subsection (b). ``(B) Inspector general's authority to conduct investigations not affected.--Nothing in this section shall prohibit the Inspector General of the Department of Homeland Security from initiating, carrying out, or completing any investigation. ``(b) Duties.--The Ombudsman shall-- ``(1) conduct outreach to Transportation Security Administration employees, including publicizing a toll-free telephone number to report complaints; ``(2) evaluate each complainant's claim objectively; ``(3) provide information, advice, and assistance to complainants and, as appropriate, initiate informal, impartial fact-finding and inquiries, on complaints or on the Ombudsman's own initiative; ``(4) inform each complainant-- ``(A) when the Ombudsman decides against conducting a fact-finding inquiry into the complaint; ``(B) on the status of the Ombudsman's fact-finding inquiry to the complainant, on a regular basis if requested by the complainant; and ``(C) of the Ombudsman's recommendations and information, as appropriate, for the complainant to formally complain to the appropriate authority; ``(5) work with the Administrator of the Transportation Security Administration to address issues identified through fact-finding and inquiries; ``(6) maintain confidential any matter related to complaints and inquiries, including the identities of the complainants and witnesses; and ``(7) submit an annual report to the appropriate congressional committees in accordance with subsection (c). ``(c) Annual Report.-- ``(1) In general.--The Ombudsman shall report no later than September 30 each year to the appropriate congressional committees on the actions taken by the Office of the Ombudsman over the preceding year and the objectives of those actions. ``(2) Contents.--Each such report shall, for the period covered by the report, include-- ``(A) statistical information, by region, on the volume of complaints received, general nature of complaints, general information on complainants, and the percentage of complaints that resulted in a fact- finding inquiry; ``(B) a summary of problems encountered by complainants, including information on the most pervasive or serious types of problems encountered by complainants; ``(C) policy recommendations that the Office of the Ombudsman made to the Administrator of the Transportation Security Administration; ``(D) an inventory of the items described in subparagraphs (B) and (C) for which action has been taken, and the result of such action; ``(E) an inventory of the items described in subparagraphs (B) and (C) for which action remains to be completed; and ``(F) such other information as the Ombudsman considers relevant. ``(3) Report to be submitted directly.--Each report under this subsection shall be provided directly to the committees described in paragraph (1) without any prior comment or amendment by the Administrator of the Transportation Security Administration. However, the Ombudsman shall seek comment from the Administrator to be submitted by the Ombudsman together with the annual report. ``(4) Other reports.--Nothing in this subsection shall be construed to preclude the Ombudsman from issuing other reports on the activities of the Office of the Ombudsman. ``(d) Contact Information.--The Administrator of the Transportation Security Administration shall make publically available on the Internet site of the Administration information about the Office of the Ombudsman, including regarding how to contact the Office. ``(e) Appropriate Congressional Committee Defined.--In this section the term `appropriate congressional committee' means the Committee on Homeland Security of the House of Representatives and any committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned.''. (b) Clerical Amendment.--The analysis at the beginning of such chapter is amended by adding at the end the items relating to subchapter II the following new item: ``44946. Ombudsman.''. (c) Authorization of Appropriations.--There is authorized to be appropriated for each of fiscal years 2012, 2013, and 2014 $575,000 for implementing section 44946 of title 49, United States Code, as amended by this section.

Transportation Security Administration Ombudsman Act of 2011 - Establishes in the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) an Office of the Ombudsman, which shall be headed by the Ombudsman of TSA. Requires the individual appointed as Ombudsman to have expertise in: (1) labor and employment relations with federal agencies, and (2) dispute resolution. Directs the Ombudsman to assist TSA employees who have complaints about TSA, including publicizing a toll-free telephone number to report such complaints. Requires the TSA administrator to make publicly available on the TSA Internet site information about the Office of the Ombudsman, including contact information. Requires the Ombudsman to report annually to Congress on actions taken over the preceding year regarding TSA employee complaints. Authorizes appropriations for FY2012-FY2014.

To amend title 49, United States Code, to establish an Ombudsman Office within the Transportation Security Administration for the purpose of enhancing transportation security by providing confidential, informal, and neutral assistance to address work-place related problems of Transportation Security Administration employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm Safety Net Improvement Act of 2007''. SEC. 2. REVENUE COUNTER-CYCLICAL PROGRAM. Section 1104 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7914) is amended to read as follows: ``SEC. 1104. REVENUE COUNTER-CYCLICAL PROGRAM. ``(a) In General.--For each of the 2008 through 2012 crop years for each covered commodity, the Secretary shall make revenue counter- cyclical payments available to producers on a farm in a State for a crop year for a covered commodity if-- ``(1) the actual State revenue from the crop year for the covered commodity in the State determined under subsection (b); is less than ``(2) the revenue counter-cyclical program guarantee for the crop year for the covered commodity in the State determined under subsection (c). ``(b) Actual State Revenue.-- ``(1) In general.--For purposes of subsection (a)(1), the amount of the actual State revenue for a crop year of a covered commodity shall equal the product obtained by multiplying-- ``(A) the actual State yield for each planted acre for the crop year for the covered commodity determined under paragraph (2); and ``(B) the revenue counter-cyclical program harvest price for the crop year for the covered commodity determined under paragraph (3). ``(2) Actual state yield.--For purposes of paragraph (1)(A) and subsection (c)(1)(A), the actual State yield for each planted acre for a crop year for a covered commodity in a State shall equal-- ``(A) the quantity of the covered commodity that is produced in the State, and reported to the Secretary, during the crop year; divided by ``(B) the number of acres that are planted or considered planted to the covered commodity in the State, and reported to the Secretary, during the crop year. ``(3) Revenue counter-cyclical program harvest price.--For purposes of paragraph (1)(B), the revenue counter-cyclical program harvest price for a crop year for a covered commodity shall equal the harvest price that is used to calculate revenue under revenue coverage plans that are offered for the crop year for the covered commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). ``(c) Revenue Counter-Cyclical Program Guarantee.-- ``(1) In general.--The revenue counter-cyclical program guarantee for a crop year for a covered commodity in a State shall equal 90 percent of the product obtained by multiplying-- ``(A) the expected State yield for each planted acre for the crop year for the covered commodity in a State determined under paragraph (2); and ``(B) the revenue counter-cyclical program pre- planting price for the crop year for the covered commodity determined under paragraph (3). ``(2) Expected state yield.-- ``(A) In general.--For purposes of paragraph (1)(A), subject to subparagraph (B), the expected State yield for each planted acre for a crop year for a covered commodity in a State shall equal the projected yield for the crop year for the covered commodity in the State, based on a linear regression trend of the yield per acre planted to the covered commodity in the State during the 1980 through 2006 period using National Agricultural Statistics Service data. ``(B) Assigned yield.--If the Secretary cannot establish the expected State yield for each planted acre for a crop year for a covered commodity in a State in accordance with subparagraph (A), the Secretary shall assign an expected State yield for each planted acre for the crop year for the covered commodity in the State on the basis of expected State yields for planted acres for the crop year for the covered commodity in similar States. ``(3) Revenue counter-cyclical program pre-planting price.-- ``(A) In general.--For purposes of paragraph (1)(B), subject to subparagraph (B), the revenue counter-cyclical program pre-planting price for a crop year for a covered commodity shall equal the average price that is used to determine crop insurance guarantees for the crop year for the covered commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) during the crop year and the preceding 2 crop years. ``(B) Minimum and maximum price.--The revenue counter-cyclical program pre-planting price for a crop year for a covered commodity under subparagraph (A) shall not decrease or increase more than 15 percent from the pre-planting price for the preceding year. ``(d) Payment Amount.--If revenue counter-cyclical payments are required to be paid for any of the 2008 through 2012 crop years of a covered commodity, the amount of the revenue counter-cyclical payment to be paid to the producers on the farm for the crop year under this section shall be equal to the product obtained by multiplying-- ``(1) the difference between-- ``(A) the revenue counter-cyclical program guarantee for the crop year for the covered commodity in the State determined under subsection (c); and ``(B) the actual State revenue from the crop year for the covered commodity in the State determined under subsection (b); ``(2) the acreage planted or considered planted to the covered commodity for harvest on the farm in the crop year; ``(3) the quotient obtained by dividing-- ``(A) the actual production history on the farm; by ``(B) the expected State yield for the crop year, as determined under subsection (c)(2); and ``(4) 90 percent. ``(e) Recourse Loans.--For each of the 2008 through 2012 crops of a covered commodity, the Secretary shall make available to producers on a farm recourse loans, as determined by the Secretary, on any production of the covered commodity.''. SEC. 3. IMPACT ON CROP INSURANCE PROGRAMS. (a) Rating.-- (1) In general.--The Secretary of Agriculture, acting through the Administrator of the Risk Management Agency shall carry out a study to identify such actions as are necessary to ensure, to the maximum extent practicable, that all policies and plans of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) are properly rated to take into account a rebalancing of risk as a result of the enactment of this Act and the amendments made by this Act. (2) Implementation.--Not later than 180 days after the date of enactment of this Act, the Secretary shall carry out the actions identified under paragraph (1). (b) Prevention of Duplication.--The Administrator of the Risk Management Agency and Administrator of the Farm Service Agency shall work together to ensure, to the maximum extent practicable, that producers on a farm are not compensated through the revenue counter- cyclical program established under section 1104 of the Farm Security and Rural Investment Act of 2002 (as amended by section 2) and under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the same loss, including by reducing crop insurance indemnity payments by the amount of the revenue counter-cyclical payments. SEC. 4. CONFORMING AMENDMENTS. (a) Section 166(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7286(a)) is amended by striking ``B and''. (b) Section 1001 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901) is amended-- (1) by striking paragraphs (3), (6), (8), and (15); (2) by redesignating paragraphs (4), (5), (7), (9), (10), (11), (12), (13), (14), and (16) as paragraphs (3), (4), (5), (6), (7), (8), (9), (11), (12), and (13), respectively; (3) in paragraph (7) (as so redesignated), by striking ``and counter-cyclical payments''; (4) in paragraph (8) (as so redesignated)-- (A) in subparagraph (A), by striking ``(A) In general.--''; and (B) by striking subparagraph (B); (5) by inserting after paragraph (9) (as so redesignated) the following: ``(10) Revenue counter-cyclical payments.--The term `revenue counter-cyclical payments' means a payment made to producers on a farm under section 1104.''. (c) The subtitle heading of subtitle A of title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. prec. 7911) is amended by inserting ``Revenue'' before ``Counter-Cyclical''. (d) Section 1101 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7911) is amended by striking ``and counter-cyclical payments'' each place it appears in subsections (a)(1) and (e)(2). (e) Section 1102 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7912) is amended-- (1) in subsection (a), by striking ``and counter-cyclical payments''; and (2) by striking subsection (e). (f) Section 1103 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7913) is amended by striking ``2007'' each place it appears and inserting ``2012''. (g) Section 1105 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7915) is amended-- (1) in the section heading, by inserting ``revenue'' before ``counter-cyclical''; and (2) by inserting ``revenue'' before ``counter-cyclical'' each place it appears. (h) Subtitle B of title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7931 et seq.) is repealed. (i) Subtitles C through F of title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7951 et seq.) are amended by striking ``2007'' each place it appears and inserting ``2012''. (j) Section 1307(a)(6) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7957)(a)(6)) is amended in the first sentence by striking ``2006'' and inserting ``2011''. (k) Section 1601(d)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7991(d)(1)) is amended by striking ``and counter- cyclical payments under subtitle A and subtitle C'' and inserting ``under subtitle A''. (l) Section 1605 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7993) is repealed. (m) Section 1615(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7998(2)) is amended-- (1) in subparagraph (B), by striking ``Loan'' and inserting ``Covered''; and (2) in subparagraph (C), by striking ``loan'' and inserting ``covered''. (n) Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended-- (1) in subsection (c)(1), by inserting ``revenue'' before ``counter-cyclical''; and (2) in subsection (d)-- (A) by striking paragraph (1); and (B) in paragraph (2)-- (i) by striking ``(2) Other commodities.-- ''; (ii) in subparagraph (A), by striking ``, wool, mohair, or honey under subtitle B or'' and inserting ``under subtitle''; (iii) in subparagraph (B), by striking ``, peanuts, wool, mohair, and honey under those subtitles'' and inserting ``under that subtitle''; and (iv) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and indenting appropriately.

Farm Safety Net Improvement Act of 2007 - Amends the Farm Security and Rural Investment Act of 2002 to extend (through crop year 2012) and revise the counter-cyclical payment program. Makes payments available in a state for a covered commodity if the actual state revenue (as defined by this Act) for the commodity is less than the revenue counter-cyclical program guarantee (as defined by this Act) for the commodity. (Under current law, payments are provided if a commodity's effective price is less than its target price.) Provides recourse loans for covered commodities through crop year 2012. Directs the Secretary of Agriculture, through the Risk Management Agency, to identify necessary actions to ensure that federal crop insurance programs are properly rated to account for a rebalancing of risk resulting from enactment of this Act.

A bill to amend the Farm Security and Rural Investment Act of 2002 to make revenue counter-cyclical payments available to producers on a farm to ensure that the producers at least receive a minimum level of revenue from the production of a covered commodity, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Antitrust Enforcement Act of 2015''. SEC. 2. INJUNCTIONS AGAINST RAILROAD COMMON CARRIERS. Section 16 of the Clayton Act (15 U.S.C. 26) is amended-- (1) by striking ``That any person'' and inserting the following: ``(a) In General.--Subject to subsection (c), any person''; (2) by striking ``proceedings,'' and inserting ``proceedings.''; (3) by striking ``and upon'' and inserting the following: ``(b) Preliminary Injunction.--A preliminary injunction may be issued upon''; (4) by striking ``, a preliminary injunction may issue: Provided, That nothing'' and all that follows through ``subtitle IV of title 49, United States Code.'' and inserting the following: ``(c) Savings Provision.--Nothing in this section may be construed to entitle any person, firm, corporation, or association, except the United States, to bring suit for injunctive relief against any common carrier subject to the jurisdiction of the Surface Transportation Board under part B or C of subtitle IV of title 49.''; and (5) by striking ``In any action'' and inserting the following: ``(d) Costs and Attorney's Fees.--In any action''. SEC. 3. MERGERS AND ACQUISITIONS OF RAILROADS. Section 7 of the Clayton Act (15 U.S.C. 18) is amended-- (1) in the first undesignated paragraph, by striking ``That no person'' and inserting the following: ``(a) No person''; (2) in the second undesignated paragraph, by striking ``No person shall'' and inserting the following: ``(b) No person shall''; (3) in the third undesignated paragraph, by striking ``This section'' and inserting the following: ``(c) This section''; (4) in the fourth undesignated paragraph, by striking ``Nor shall anything herein contained be construed'' and inserting the following: ``(d) Nothing in this section may be construed''; (5) in the fifth undesignated paragraph-- (A) by striking ``Nothing contained in this section shall be held'' and inserting the following: ``(e) Nothing in this section-- ``(1) shall be held''; and (B) by striking ``acquired: Provided, That nothing in this section shall be held or construed'' and inserting the following: ``acquired; or ``(2) shall be held or construed''; and (6) by amending the sixth undesignated paragraph to read as follows: ``(f) Nothing in this section shall apply to transactions duly consummated pursuant to authority given by the Secretary of Transportation, the Secretary of Agriculture, the Surface Transportation Board (except for transactions described in section 11321 of title 49, United States Code), the Federal Energy Regulatory Commission in the exercise of its jurisdiction under the Public Utility Holding Company Act of 2005 (subtitle F of title XII of Public Law 109- 58), or the United States Maritime Commission under any law vesting such power in such Secretary, Board, or Commission.''. SEC. 4. LIMITATION OF PRIMARY JURISDICTION. The Clayton Act (15 U.S.C. 12 et seq.) is amended-- (1) by redesignating sections 26, 27, and 28 as sections 17, 18, and 19, respectively; and (2) by adding at the end the following: ``Sec. 21. In any civil action against a common carrier railroad under section 4, 4C, 15, or 16, the district court shall not be required to defer to the primary jurisdiction of the Surface Transportation Board.''. SEC. 5. FEDERAL TRADE COMMISSION ENFORCEMENT. (a) Clayton Act.--Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) is amended by inserting ``(except for agreements described in section 10706 of that title and transactions described in section 11321 of that title)'' after ``United States Code''. (b) FTC Act.--Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) is amended by striking ``common carriers subject'' and inserting ``common carriers, except for railroads, subject''. SEC. 6. EXPANSION OF TREBLE DAMAGES TO RAIL COMMON CARRIERS. Section 4 of the Clayton Act (15 U.S.C. 15) is amended by-- (1) in subsection (a), by striking ``Except as provided in subsection (b)'' and inserting ``Except as provided in subsection (c)''; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following: ``(b) Subsection (a) shall apply to any common carrier railroad subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49, United States Code, without regard to whether such railroad has filed rates or whether a complaint challenging a rate has been filed.''. SEC. 7. TERMINATION OF EXEMPTIONS IN TITLE 49, UNITED STATES CODE. (a) In General.--Section 10706 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2)(A), by striking ``, and the Sherman Act'' and all that follows through ``carrying out the agreement''; (B) in paragraph (4), by striking ``The Sherman Act'' and all that follows through ``such agreement. However the Board'' and inserting ``The Board''; and (C) in paragraph (5)(A), by striking ``, and the antitrust laws set forth in paragraph (2) of this subsection do not apply to parties and other persons with respect to making or carrying out the agreement''; and (2) by amending subsection (e) to read as follows: ``(e)(1) Nothing in this section may be construed to exempt a proposed agreement described in subsection (a) from the application of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of June 19, 1936 (15 U.S.C. 13 et seq.). ``(2) In reviewing any such proposed agreement for the purpose of any provision of law described in paragraph (1), the Board shall take into account, among other considerations, the impact of the proposed agreement on shippers, consumers, and affected communities.''. (b) Combinations.--Section 11321 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``The authority'' and inserting ``Except as provided in sections 4, 4C, 15, and 16 of the Clayton Act (15 U.S.C. 15, 15c, 25, and 26), the authority''; and (B) by striking ``is exempt from the antitrust laws and from all other law,'' and inserting ``is exempt from any other law (except the antitrust laws referred to in subsection (c)),''; and (2) by adding at the end the following: ``(c)(1) Nothing in this section may be construed to exempt a transaction described in subsection (a) from the application of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of June 19, 1936 (15 U.S.C. 13 et seq.). ``(2) Paragraph (1) shall not apply to any transaction relating to the pooling of railroad cars approved by the Surface Transportation Board or its predecessor agency pursuant to section 11322. ``(3) In reviewing any such transaction for the purpose of any provision of law described in paragraph (1), the Board shall take into account, among other considerations, the impact of the transaction on shippers and on affected communities.''. (c) Conforming Amendments.--Chapter 107 of title 49, United States Code, is amended-- (1) in the table of sections, by striking the item relating to section 10706 and inserting the following: ``10706. Rate agreements.''. (2) in section 10706, by amending the section heading to read as follows: ``Rate agreements''. SEC. 8. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Conditions.-- (1) Previous conduct.--A civil action under section 4, 15, or 16 of the Clayton Act (15 U.S.C. 15, 25, and 26) or a complaint under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) may not be filed with respect to any conduct or activity that occurred before the date of the enactment of this Act that was previously exempted from the antitrust laws (as defined in the first section of the Clayton Act (15 U.S.C. 12)) by orders of the Interstate Commerce Commission or the Surface Transportation Board issued pursuant to law. (2) Grace period.--A civil action or complaint described in paragraph (1) may not be filed before the date that is 180 days after the date of the enactment of this Act with respect to-- (A) any previously exempted conduct or activity; or (B) any previously exempted agreement that is continued subsequent to such date of enactment.

Railroad Antitrust Enforcement Act of 2015 Amends the Clayton Act to grant the United States exclusive authority to bring suit for injunctive relief against any common carrier that is not a rail common carrier and that is subject to the jurisdiction of the Surface Transportation Board (STB). This covers motor carriers, water carriers, brokers, freight forwarders, and pipeline carriers. Declares that, in any civil action against a rail common carrier, the U.S. district court shall not be required to defer to the primary jurisdiction of the STB.Empowers the Federal Trade Commission to regulate, and engage in antitrust enforcement regarding, collective rate agreements and certain transactions, including railroad mergers and acquisitions. Permits treble damages against common carrier railroads in antitrust suits to parties injured by antitrust violations without regard to whether such railroads have filed rates or whether a complaint challenging rates has been filed. Amends federal transportation law to terminate the exemptions from antitrust laws for collective ratemaking agreements. Requires the STB, when reviewing a proposed agreement, to take into account its impact upon shippers, consumers, and affected communities. Exempts from antitrust law the pooling of railroad cars approved by the STB or its predecessor agency.

Railroad Antitrust Enforcement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Low Carbon Fuel Standard Act of 2009''. SEC. 2. LOW CARBON FUEL STANDARD. At the end of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is amended by adding at the end the following: ``SEC. 841. LOW CARBON FUEL STANDARD. ``(a) Definitions.--For purposes of this section: ``(1) Fuel emission baseline.--The term `fuel emission baseline' means the average lifecycle greenhouse gas emissions per unit of energy, as determined by the Administrator, of all transportation fuels sold or introduced into commerce in any of the 50 States or the District of Columbia in calendar year 2005. ``(2) Transportation fuel.--The term `transportation fuel' means fuel for use in motor vehicles, motor vehicle engines, nonroad vehicles, nonroad engines, and aircraft. The Administrator may, at his discretion, include fuel for use in ocean-going vessels and adjust the fuel emission baseline as appropriate to reflect the inclusion of such fuel. ``(3) Transportation fuel provider.--The term `transportation fuel provider' includes any individual or entity that produces, refines, blends, or imports any transportation fuel. ``(b) Regulations.-- ``(1) Standard.--Not later than 3 years after enactment of this section, the Administrator shall promulgate regulations under section 211(c) and this section that-- ``(A) determine the lifecycle greenhouse gas emissions of all transportation fuels; ``(B) determine the fuel emission baseline; ``(C) apply to refineries, blenders, and importers, as appropriate, and to such other transportation fuel providers as determined by the Administrator; ``(D) ensure that, for each year from 2014 through 2022, the annual average lifecycle greenhouse gas emissions, per unit of energy as determined by the Administrator, of transportation fuel, excluding renewable fuel used to meet the obligations of section 211(o), sold or introduced into commerce by such transportation fuel providers in any of the 50 States or the District of Columbia, does not exceed the fuel emission baseline; and ``(E) ensure that, for 2023 and each year thereafter, such transportation fuel providers reduce the annual average lifecycle greenhouse gas emissions, per unit of energy as determined by the Administrator, for transportation fuel that is sold or introduced into commerce in any of the 50 States or the District of Columbia, to the maximum extent practicable, taking into consideration cost, energy, and other environmental factors, and that-- ``(i) for calendar year 2023 and later, the annual average lifecycle greenhouse gas emissions is at least 5 percent below the fuel emission baseline; and ``(ii) for calendar year 2030 and later, the annual average lifecycle greenhouse gas emissions is at least 10 percent below the fuel emission baseline. ``(2) Review.--The Administrator shall from time to time, but no less than every 5 years beginning in 2020, review and revise as appropriate the annual average lifecycle greenhouse gas emission requirements of the regulations issued under this subsection. ``(3) Provisions.--The regulations issued under this subsection-- ``(A) shall contain compliance provisions applicable to transportation fuel providers and other persons, as appropriate, to ensure that the requirements of this subsection are met; ``(B) shall not impose any per-gallon obligation regarding the amount of lifecycle greenhouse gas emissions per unit of energy as determined by the Administrator; and ``(C) shall set the lifecycle greenhouse gas emissions of biofuels derived from biomass other than renewable biomass at a level no higher than the fuel emission baseline. ``(4) Election to participate.-- ``(A) Participation.--For any transportation fuel provider which the Administrator has not yet determined to be subject to the regulations under this subsection, and for any provider of a non-transportation fuel, the Administrator, at his discretion, may allow the fuel provider to elect to participate in the program under this subsection, subject to requirements established by the regulation. ``(B) Regulatory provisions.--Regulations implementing this paragraph shall include-- ``(i) provisions for tracking of the fuel used for transportation purposes separately from fuel used for other purposes; and ``(ii) any other provisions determined appropriate by the Administrator to carry out this paragraph. ``(c) Credits.-- ``(1) In general.--The regulations under subsection (b) shall permit transportation fuel providers to generate credits for achieving, during a calendar year, greater reductions for the fuel produced or imported by the fuel provider than are required by such regulations. The Administrator shall determine the appropriate amount of credits and appropriate conditions, if any, on the duration, trading, and use of credits. The Administrator shall, with appropriate conditions, allow the use of credits or renewable identification numbers generated under section 211(o). ``(2) Electricity.--The Administrator may, at his discretion, issue regulations providing for-- ``(A) the generation of credits for electricity used as a transportation fuel and generated by a source other than the vehicle; and ``(B) the assignment of those credits to the manufacturers or importers of such vehicles or to other persons as deemed appropriate by the Administrator. ``(3) Compliance.--Each transportation fuel provider subject to the regulations promulgated under this section shall demonstrate compliance, including, as necessary, through the use of credits generated, banked or purchased. ``(4) Inability to generate or purchase sufficient credits.--A transportation fuel provider that is unable to generate or purchase sufficient credits to meet the requirements of the regulations under subsection (b) may carry the compliance deficit forward, subject to the condition that the fuel provider, for the calendar year following the year for which the deficit is created-- ``(A) achieves compliance; and ``(B) generates or purchases additional credits to offset the deficit from the preceding calendar year. ``(d) Waivers.--The Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, may waive the requirements of the regulations under subsection (b) in whole or in part on petition by one or more States, by any person subject to the requirements of this section, or by the Administrator on his own motion by revising the average lifecycle greenhouse gas emissions reduction required through regulations under subsection (b) based on a determination by the Administrator, after public notice and opportunity for comment, that-- ``(1) implementation of the requirement would severely harm the economy or environment of a State, a region, or the United States; or ``(2) there is an inadequate domestic supply of fuels to meet the requirements of this section. ``(e) Environmental and Resource Conservation Impacts.--Not later than 2 years after the promulgation of regulations under subsection (b), the Administrator shall complete a study to determine the environmental and resource conservation impacts of the requirements of such regulations, including impacts on air and water quality. ``(f) Energy Security and Leakage.--Not later than 18 months after the promulgation of regulations under subsection (b), the Administrator shall complete a study to determine the effect of the requirements of such regulations on energy security. The study shall also assess the potential shifting of fuel feedstocks and fuel products internationally as a result of such requirements and shall determine the environmental and energy security implications of such leakage. ``(g) Transition.--Section 211(o) shall not apply to fuel sold or introduced into commerce after December 31, 2022. Notwithstanding the preceding sentence, the definitions in section 211(o) shall continue to apply except as otherwise noted.''.

Low Carbon Fuel Standard Act of 2009 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to issue regulations that: (1) determine the lifecycle greenhouse gas emissions of all transportation fuels; (2) determine the fuel emission baseline (i.e., average lifecycle greenhouse gas emissions per unit of energy of all transportation fuels sold in the United States in 2005); (3) apply to refineries, blenders, and importers of transportation fuel; (4) ensure that, for 2014-2022, annual average lifecycle greenhouse gas emissions do not exceed the fuel emission baseline; and (5) ensure that, for 2023 and thereafter, transportation fuel providers make specified reductions in the annual average lifecycle greenhouse gas emissions for transportation fuel sold in the United States. Grants the Administrator authority to waive emission reduction requirements of this Act to prevent economic or environmental harm. Requires the Administrator to study the environmental and resource conservation impacts of the regulations required by this Act and their effect on energy security.

To amend the Clean Air Act regarding transportation fuels and establishment of a low carbon fuel standard.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Training Enhancement for First Responders Act of 2016''. SEC. 2. MENTAL HEALTH TRAINING FOR LAW ENFORCEMENT. Section 2991(b)(5)(I) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(b)(5)(I)) is amended by adding at the end the following: ``(v) Mental health training for law enforcement.--Funds may be used for specialized training for law enforcement officers, consistent with the following: ``(I) The training provides officers with an understanding of-- ``(aa) mental illnesses and their impact on individuals, families, and communities; ``(bb) signs and symptoms of mental illnesses; ``(cc) stabilization and de-escalation techniques; ``(dd) disposition options; ``(ee) community resources; and ``(ff) funding for States to create a database for all public safety and outreach. ``(II) The training includes-- ``(aa) role play scenarios on responding to mental health crises; ``(bb) group problem solving exercises; ``(cc) addressing issues specific to the community; ``(dd) participation by mental health personnel, experienced officers, and other stakeholders; ``(ee) cross training with law enforcement and mental health professionals; ``(ff) verbal de-escalation skills; and ``(gg) presentations from and interaction with people who have experienced and recovered from mental health crises and with family members who have cared for someone with mental illness. ``(III) In the case of training for call-takers and 911 dispatchers, the training includes recommendations on-- ``(aa) establishing if the caller or others at the address has a previous record of mental health issues, drug abuse, violence, or victimization; ``(bb) determining if any individual at the address from which the call is placed poses a threat of harm to himself or herself, or to others; ``(cc) determining if there is a weapon involved in a situation with regard to which an emergency call is placed; ``(dd) establishing best practice standards for handling emergency calls to be shared interagency; ``(ee) supplementing training with a concise list of questions to ask, compiled in partnership between law enforcement officials and mental health professionals; and ``(ff) relaying information correctly to any emergency responders to the emergency call.''. SEC. 3. OUNCE OF PREVENTION GRANT. Section 30102 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13742) is amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``; and'' at the end and inserting ``;''; (B) in paragraph (4), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(5) placing law enforcement officers at local education agencies.''; and (2) in subsection (b), by inserting after ``private nonprofit entities'' the following: ``, mental health entities''. SEC. 4. COMMUNITY SCHOOLS YOUTH SERVICES AND SUPERVISION GRANT PROGRAM. Section 30401(b)(B) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13791(b)(B)) is amended by adding at the end the following: ``(ix) Mental health entities.''.

Mental Health Training Enhancement for First Responders Act of 2016 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the allowable use of grant funds under the Justice and Mental Health Collaboration Program to include specialized mental health training for law enforcement officers.

Mental Health Training Enhancement for First Responders Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on Employment and Economic Security Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Employment is the backbone of the United States economy, helping individuals feel positive about themselves, develop independence, and maintain hope for the future. (2) More than 2,600,000 Americans have become unemployed since January 2001. (3) In August 2003, individuals between the ages of 16 and 24 made up more than 25 percent of the total number of unemployed persons in the United States. (4) Minorities are more likely to be unemployed than Whites. (5) In August 2003, African Americans were more than twice as likely as Whites to be unemployed. (6) In August 2003, Hispanics were one and a half times as likely as Whites to be unemployed. (7) The loss of a job and the subsequent loss of income from that job can be a substantial trigger for depression. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``National Commission on Employment and Economic Security''. SEC. 4. DUTIES OF COMMISSION. The Commission shall-- (1) examine the issues of economic and psychological insecurity of members of the United States workforce caused by employment displacement; (2) examine the relationship between (A) psychological stress caused by employment insecurity and economic insecurity and (B) increased violence by employees and former employees in the workplace and in their private lives; (3) examine the economic and psychological effects of the decreasing number of well-paid jobs on members of the United States workforce; and (4) recommend potential solutions, including recommendations for legislative and administrative action, to alleviate the problems of economic and psychological insecurity of members of the United States workforce. SEC. 5. MEMBERSHIP OF COMMISSION. (a) Number and Appointment.--The Commission shall be composed of 15 members who shall be appointed as follows: (1) 7 individuals appointed by the President, of which-- (A) 2 members shall be individuals who represent labor organizations as defined by section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)); (B) 2 members shall be individuals who represent business interests; and (C) 2 members shall be individuals who represent mental health interests. (2) 2 individuals appointed by the Speaker of the House of Representatives. (3) 2 individuals appointed by the minority leader of the House of Representatives. (4) 2 individuals appointed by the majority leader of the Senate. (5) 2 individuals appointed by the minority leader of the Senate. (b) Qualifications.-- (1) In general.--Members shall be experts in the fields of labor and employment. (2) Political affiliation.--Political affiliation shall not be a factor in the appointment of members. (c) Deadline for Appointment.--Each member shall be appointed to the Commission not later than 90 days after the date of the enactment of this Act. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Basic Pay.--Members shall serve without pay. (g) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (h) Quorum.--8 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (i) Chairperson.-- (1) In general.--The Chairperson of the Commission shall be elected by the members not later than 30 days after the date on which all of the original members of the Commission have been appointed. (2) Presidential appointment.--If the members of the Commission are unable to elect the Chairperson in accordance with paragraph (1), the President shall appoint a member of the Commission to be the Chairperson. (j) Meetings.--The Commission shall meet at the call of the Chairperson. SEC. 6. STAFF OF COMMISSION. (a) Staff.--The Chairperson may appoint and fix the pay of the personnel of the Commission as the Chairperson considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (c) Staff of Federal Agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any Federal department or agency 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 provide that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies. (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) Immunity.--The Commission is an agency of the United States for purpose of part V of title 18, United States Code (relating to immunity of witnesses). (g) Subpoena Power.-- (1) In general.--The Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter described in paragraphs (1) through (3) of section 4. (2) Failure to obey an order or subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (h) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 8. REPORT OF COMMISSION. Not later than 1 year after the date on which all original members have been appointed to the Commission, the Commission shall transmit to the President and Congress a report that contains a detailed statement of the findings and recommendations of the Commission made pursuant to section 4. SEC. 9. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after the date of submission of the report pursuant to section 8. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $2,000,000 for fiscal year 2004. (b) Availability.--Amounts authorized to be appropriated by subsection (a) are authorized to remain available until expended.

National Commission on Employment and Economic Security Act - Establishes the National Commission on Employment and Economic Security to study and report on: (1) issues related to economic and psychological insecurity caused by employment displacement of U.S. workers; (2) relationships between psychological stress caused by such insecurity and increased violence by employees and former employees in the workplace and their private lives; and (3) economic and psychological effects of the decreasing number of well-paid jobs for U.S. workers. Directs the Commission to make recommendations, including ones for legislative and administrative action, regarding potential solutions to alleviate problems connected with the economic and psychological insecurity of U.S. workers.

To establish a commission to study employment and economic insecurity in the United States workforce.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chinese Human Rights Act of 1995''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Political prisoner.--The term ``political prisoner'' means an individual citizen of the People's Republic of China who for political thoughts and/or actions in opposition to the Chinese Government has been imprisoned. (2) Thought control.--The term ``thought control'' means intensive, forcible indoctrination aimed at replacing a person's basic convictions with an alternative set of beliefs. (3) Political reprisal.--The term ``political reprisal'' means retaliation for political injuries, real or imagined. (4) Forced abortion.--The term ``forced abortion'' describes the act of coercing a female against her will, by threat of bodily damage, death, or imprisonment, to undergo a surgical procedure for the purpose of inducing termination of pregnancy and expulsion of an embryo or fetus. (5) Forced sterilization.--The term ``forced sterilization'' describes the act of coercing a male or female against their will, by threat of bodily damage, death, or imprisonment, to undergo a surgical procedure for the purpose of causing them to be unable to produce offspring. (6) Cannibalism.--The term ``cannibalism'' means the consumption of a human embryo or fetus by another human. SEC. 3. FINDINGS AND PURPOSE. (a) Congress finds-- (1) that, on October 8, 1984, the People's Republic of China promulgated an internal document detailing the conditions and measures for removing, for purposes of human transplant, the organs of prisoners executed by the Chinese Government; (2) that, pursuant to the document, China has, in some cases, scheduled the execution of political dissidents on the basis of the need for the internal organs of those political dissidents; (3) that, in China, prisoners are routinely executed because of their opposition to the policies of their communist government or because of their unwillingness to submit to forms of thought control imposed by reeducation camps operated by the Chinese Government; (4) that, because of fear of the government, relatives of executed dissidents are reluctant to claim the bodies of their kin, for fear of political reprisal; (5) that China's birth control policy routinely results in forced abortion, forced sterilization, infanticide, and even cannibalism; and (6) that, by its actions, China has separated itself from the community of civilized nations. (b) Purpose.--It is the purpose of this Act to use the economic power of the United States to lessen the brutality imposed by the Chinese Government against its people, and for other purposes. SEC. 4. MOST FAVORED NATION STATUS. Notwithstanding anything in section 402 of Public Law 83-618, as amended, to the contrary, any waiver by the President of subsections (a) and (b) of section 2432 of title 19, United States Code, with respect to the People's Republic of China is null and void. The People's Republic of China shall not be granted nondiscriminatory treatment (most-favored-nation treatment) until Congress shall by statute provide. SEC. 5. TRADING WITH THE ENEMY ACT. Section 2 of title 50 Appendix, United States Code, is amended by adding after ``enemy,'' the first time it appears the following new subsection: ``(d) For purposes of products possessing a military application, for a period beginning on the date of enactment of the Chinese Human Rights Act of 1995, to the date on which Congress, by joint resolution, determines that the People's Republic of China does not engage in any significant violation of human rights and poses no significant threat to the United States, the government of the People's Republic of China.''. SEC. 6. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL MEASURES. Section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) is amended by adding at the end the following: ``For purposes of determinations under this Act, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subjected to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.''. SEC. 7. EFFECTIVE DATE. This Act shall take effect immediately upon enactment.

Chinese Human Rights Act of 1995 - Declares null and void any waiver by the President of human rights and emigration requirements for nondiscriminatory treatment (most-favored-nation treatment) for China under the Trade Act of 1974. Denies most-favored-nation treatment to China until the Congress provides so by statute. Amends the Trading with the Enemy Act to define China as an enemy for purposes of the export of military products to such country until the Congress, by joint resolution, determines that China does not engage in any significant violation of human rights and poses no significant threat to the United States. Amends the Immigration and Nationality Act to provide that a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure, shall be deemed to have been persecuted on account of political opinion and entitled to political refugee status under such Act.

Chinese Human Rights Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Law Enforcement Emergency Response Act of 2007''. SEC. 2. LAW ENFORCEMENT EMERGENCIES. Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) by redesignating paragraphs (9) through (15) as paragraphs (10) through (16), respectively; (2) by inserting after paragraph (8) the following: ``(9)(A) Each institution of higher education participating in any program under this title shall develop and distribute as part of the report described in paragraph (1)-- ``(i) a statement of policy regarding the institution's law enforcement emergency response program; and ``(ii) statistics concerning the occurrence of law enforcement emergencies on the campus of the institution. ``(B) In this paragraph: ``(i) The term `campus' has the meaning given the term in paragraph 6(A)(i), except that the term includes-- ``(I) a noncampus building or property, as defined in paragraph (6)(A)(ii), of an institution of higher education; and ``(II) any public property, as defined in paragraph (6)(A)(iii), of an institution of higher education. ``(ii) The term `law enforcement emergency' means a shooting, the presence of an armed and dangerous person, a bomb threat, the presence of an unauthorized hazardous or toxic material that poses a threat to health and safety, a lock-down, a reverse evacuation, or any other comparable type of incident, on the campus of an institution of higher education, that involves the participation of one or more law enforcement agencies. ``(C) The policy described in subparagraph (A) shall address the following: ``(i) Procedures students, employees, and others on the campus of the institution will be directed to follow if a law enforcement emergency occurs. ``(ii) Procedures the institution and law enforcement agencies will follow to inform students, employees, and others on the campus of the institution about a law enforcement emergency on the campus and will follow to direct the actions of the students, employees, and others. Such procedures may include e- mail alerts, telephone alerts, text-message alerts, radio announcements, television alerts, audible alert signals, and public address announcements. ``(D) Each institution participating in any program under this title shall test the institution's law enforcement emergency response policy and procedures on at least an annual basis. ``(E) Each institution participating in any program under this title shall make reports to the students, employees, and others on the campus of the institution, not later than 30 minutes after the discovery of a law enforcement emergency on the campus, through the procedures described in subparagraph (C)(ii). ``(F) The Secretary and the Attorney General shall jointly have the authority-- ``(i) to review, monitor, and ensure compliance with this paragraph; ``(ii) to advise institutions of higher education on model law enforcement emergency response policies, procedures, and practices; and ``(iii) to disseminate information concerning those policies, procedures, and practices. ``(G) Campus law enforcement emergency response grants.-- ``(i) Program authority.--The Secretary may make grants to institutions of higher education or consortia of such institutions, or enter into contracts with such institutions, consortia, and other organizations, to develop, implement, operate, improve, test, or disseminate campus law enforcement emergency response policies, procedures, or programs. ``(ii) Awards.--Grants and contracts under this subparagraph shall be awarded-- ``(I) on a competitive basis; and ``(II) for a period not to exceed 1 year. ``(iii) Applications.--An institution of higher education, a consortium, or an organization that desires to receive a grant or enter into a contract under this subparagraph shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require by regulation. ``(iv) Participation.--In awarding grants and contracts under this subparagraph, the Secretary shall make every effort to ensure-- ``(I) the equitable participation of institutions of higher education that are eligible to participate in programs under this title; ``(II) the equitable geographic participation of such institutions; and ``(III) the equitable participation of such institutions with large and small enrollments. ``(v) Authorization of appropriations.--There are authorized to be appropriated to carry out this subparagraph $5,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Campus Law Enforcement Emergency Response Act of 2007 - Amends the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in any program under title IV (Student Assistance) to include information concerning its law enforcement emergency response program and the occurrence of campus law enforcement emergencies in the annual campus security report it must provide to current and prospective students and employees. Requires such an IHE to: (1) test annually its law enforcement emergency response program; and (2) inform those on campus of any school law enforcement emergency within 30 minutes of discovering it. Authorizes the Secretary of Education to make competitive grants to IHEs or consortia of IHEs, or enter into competitive contracts with IHEs, consortia, and other organizations, to develop, implement, operate, improve, test, or disseminate campus law enforcement emergency response programs. Defines "campus" for purposes of this Act to include property controlled by recognized student organizations, off-campus school-related property, and certain public property used by and adjacent to the school.

A bill to amend section 485(f) of the Higher Education Act of 1965 regarding law enforcement emergencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Physician Equity Act of 2002''. SEC. 2. ADDITIONAL SPECIAL PAY RECEIVED BY MEDICAL, DENTAL, AND VETERINARY OFFICERS OF THE UNIFORMED SERVICES TREATED AS PART OF BASIC PAY FOR RETIREMENT PURPOSES. (a) Members Who Became Members Before September 8, 1980.--Section 1406 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(j) Special Rule for Medical, Dental, or Veterinary Officer Receiving Additional Special Pay.--(1) For purposes of determining the retired pay base or retainer pay base of a member of the uniformed services, the monthly basic pay of the member includes the monthly equivalent of any additional special pay received by the member under section 302, 302b, or 303 of title 37 (or, in the case of a commissioned officer in the Public Health Service, received under such section pursuant to section 303a(b) of title 37) during the year immediately preceding the date of the member's retirement. ``(2) Except as otherwise provided in this subsection, additional special pay referred to in paragraph (1) may not be treated as basic pay for purposes of any computation under this section unless, before the date of the member's retirement, the member has completed at least 15 years of service as a medical, dental, or veterinary officer of the uniformed services (whether performed before, on, or after the date of the enactment of this subsection). ``(3) If the condition under paragraph (2) is met, then, the monthly equivalent of amounts received by the member in the form of additional special pay referred to in paragraph (1) shall (for the purposes referred to in paragraph (2)) be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the date of the enactment of this subsection, and only to the extent of the percentage allowable, which shall be determined as follows: ``If the total amount of service performed, on or after the date of Then, the percentage the enactment of this subsection, allowable is: as a medical, dental, or veterinary officer is: Less than 2 years............................. 0 At least 2 but less than 4 years.............. 25 At least 4 but less than 6 years.............. 50 At least 6 but less than 8 years.............. 75 At least 8 years.............................. 100. ``(4) Notwithstanding any other provision of this subsection, 100 percent of the monthly equivalent of all amounts received as additional special pay referred to in paragraph (1) shall, to the extent attributable to service performed on or after the date of the enactment of this subsection, be treated as basic pay (without regard to any of the preceding provisions of this subsection) for purposes of computing-- (A) disability retired pay; and (B) a survivor annuity under chapter 73 of this title, if based on the service of a member who dies before retirement.''. (b) Members Who Became Members After September 7, 1980.--Section 1407 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(g) Special Rule for Medical, Dental, or Veterinary Officer Receiving Additional Special Pay.--(1) For purposes of the computations required under subsections (c) and (d) to determine the high-three average of a member of the uniformed services, the monthly equivalent of any additional special pay received by the member under section 302, 302b, or 303 of title 37 (or, in the case of a commissioned officer in the Public Health Service, received under such section pursuant to section 303a(b) of title 37) during the periods referred to in such subsections shall be treated as a part of the basic pay of the member. ``(2) Except as otherwise provided in this subsection, additional special pay referred to in paragraph (1) may not be treated as basic pay for purposes of any computation under this section unless, before the date of the member's retirement, the member has completed at least 15 years of service as a medical, dental, or veterinary officer of the uniformed services (whether performed before, on, or after the date of the enactment of this subsection). ``(3) If the condition under paragraph (2) is met, then, the monthly equivalent of amounts received by the member in the form of additional special pay referred to in paragraph (1) shall (for the purposes referred to in paragraph (2)) be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the date of the enactment of this subsection, and only to the extent of the percentage allowable, which shall be determined as follows: ``If the total amount of service performed, on or after the date of Then, the percentage the enactment of this subsection, allowable is: as a medical, dental, or veterinary officer is: Less than 2 years............................. 0 At least 2 but less than 4 years.............. 25 At least 4 but less than 6 years.............. 50 At least 6 but less than 8 years.............. 75 At least 8 years.............................. 100. ``(4) Notwithstanding any other provision of this subsection, 100 percent of the monthly equivalent of all amounts received as additional special pay referred to in paragraph (1) shall, to the extent attributable to service performed on or after the date of the enactment of this subsection, be treated as basic pay (without regard to any of the preceding provisions of this subsection) for purposes of computing-- (A) disability retired pay; and (B) a survivor annuity under chapter 73 of this title, if based on the service of a member who dies before retirement.''.

Military Physician Equity Act of 2002 - Provides that the military personnel retired or retainer pay base shall include specified percentages of any additional or special pay received as a medical, dental, and veterinary officer for an officer who has completed at least 15 years of military service before retirement. Makes the percentage of additional pay so realized 0 percent if the officer performed less than two years as a medical, dental, or veterinary officer before receiving such pay, with a gradual increase to 100 percent for officers who performed at least eight years in such a specialty before receiving such pay. Provides a special rule for officers receiving such additional pay after first becoming members after September 7, 1980.States that any such additional pay so recognized shall be retirement-creditable for purposes of the determination of disability retired pay as well as survivor annuities.

To amend title 10, United States Code, to require that additional special pay received by medical, dental, or veterinary officers of the uniformed services be treated as part of basic pay for retirement purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Christopher Bryski Student Loan Protection Act'' and ``Christopher's Law''. (b) Findings.--The Congress finds the following: (1) There is no requirement for Federal or private educational lenders to provide information with respect to creating a durable power of attorney for financial decisionmaking in accordance with State law to be used in the event of the death, incapacitation, or disability of the borrower or such cosigner (if any). (2) No requirement exists for private educational lenders' master promissory notes to include a clear and conspicuous description of the responsibilities of a borrower and cosigner in the event the borrower or cosigner becomes disabled, incapacitated, or dies. (3) Of the 1,400,000 people who sustain a traumatic brain injury each year in the United States, 50,000 die; 235,000 are hospitalized; and 1,100,000 are treated and released from an emergency department. (4) It is estimated that the annual incidence of spinal cord injury, not including those who die at the scene of an accident, is approximately 40 cases per 1,000,000 people in the United States or approximately 12,000 new cases each year. Since there have not been any overall incidence studies of spinal cord injuries in the United States since the 1970s, it is not known if incidence has changed in recent years. (5) In the 2007-2008 academic year, 13 percent of students attending a 4-year public school, and 26.2 percent of students attending a 4-year private school, borrowed monies from private educational lenders. (6) According to Sallie Mae, in 2009, the number of cosigned private education loans increased from 66 percent to 84 percent of all private education loans. SEC. 2. ADDITIONAL STUDENT LOAN PROTECTIONS. (a) In General.--Section 140 of the Truth in Lending Act (15 U.S.C. 1650) is amended by adding at the end the following new subsection: ``(f) Additional Protections Relating to Death or Disability of Borrower or Cosigner of a Private Education Loan.-- ``(1) Obligation to discuss durable power of attorneys.--In conjunction with-- ``(A) any student loan counseling, if any, provided by a covered educational institution to any new borrower and cosigner (if any) at the time of any loan application, loan origination, or loan consolidation, or at the time the cosigner assumes responsibility for repayment, the institution shall provide information with respect to creating a durable power of attorney for financial decisionmaking, in accordance with State law; and ``(B) any application for a private education loan, the private educational lender involved in such loan shall provide information to the borrower, and cosigner (if any), concerning the creation of a durable power of attorney for financial decisionmaking, in accordance with State law, with respect to such loan. ``(2) Clear and conspicuous description of cosigner's obligation.--In the case of any private educational lender who extends a private education loan for which any cosigner is jointly liable, the lender shall clearly and conspicuously describe, in writing, the cosigner's obligations with respect to the loan, including the effect the death, disability, or inability to engage in any substantial gainful activity of the borrower or cosigner (if any) would have on any such obligation, in language that the Board determines would give a reasonable person a reasonable understanding of the obligation being assumed by becoming a cosigner for the loan. ``(3) Model forms.--The Board shall publish model forms under section 105 for-- ``(A) the information required under paragraph (1) with respect to a durable power of attorney for financial decisionmaking, for each State (and such model forms under this subparagraph shall be uniform for all States to the greatest extent possible); and ``(B) describing a cosigner's obligation for purposes of paragraph (2). ``(4) Definition of death, disability, or inability to engage in any substantial gainful activity.--For the purposes of this subsection with respect to a borrower or cosigner, the term `death, disability, or inability to engage in any substantial gainful activity'-- ``(A) means any condition described in section 437(a) of the Higher Education Act of 1965 (20 U.S.C. 1087(a)); and ``(B) shall be interpreted by the Board in such a manner as to conform with the regulations prescribed by such Secretary of Education under section 437(a) of the Higher Education Act of 1965 (20 U.S.C. 1087(a)) to the fullest extent practicable, including safeguards to prevent fraud and abuse.''. (b) Definitions.--Subsection (a) of section 140 of the Truth in Lending Act (15 U.S.C. 1650(a)) is amended by adding at the end the following new paragraphs: ``(9) Durable power of attorney.--The term `durable power of attorney'-- ``(A) means a written instruction recognized under State law (whether statutory or as recognized by the courts of the State), relating to financial decisionmaking in cases when the individual lacks the capacity to make such decisions; or ``(B) has the meaning given to such term in the Uniform Durable Power of Attorney Act of 2006 and sections 5-501 through 5-505 of the Uniform Probate Code, as in effect in any State. ``(10) Cosigner.--The term `cosigner'-- ``(A) means any individual who is liable for the obligation of another without compensation, regardless of how designated in the contract or instrument; ``(B) includes any person whose signature is requested as condition to grant credit or to forebear on collection; and ``(C) does not include a spouse of an individual referred to in subparagraph (A) whose signature is needed to perfect the security interest in the loan.''. SEC. 3. FEDERAL STUDENT LOANS. Section 485(l)(2) of the Higher Education Act of 1965 (20 U.S.C. 1092(l)(2)) is amended by adding at the end the following: ``(L) Information on the conditions required to discharge the loan due to the death, disability, or inability to engage in any substantial gainful activity of the borrower in accordance with section 437(a), and an explanation that, in the case of a private education loan made through a private educational lender, the borrower, the borrower's estate, and any consigner of a such a private education loan may be obligated to repay the full amount of the loan, regardless of the death or disability of the borrower or any other condition described in section 437(a). ``(M) The model form for the State in which the institution is located with respect to durable power of attorneys published by the Board of Governors of the Federal Reserve System in accordance with subsection (f)(3)(A) of section 140 of the Truth in Lending Act (15 U.S.C. 1650) and, in the case of a borrower who is not a resident of the State in which the institution is located, information on how to access such model form for the State in which the borrower is a resident.''. Passed the House of Representatives September 28, 2010. Attest: LORRAINE C. MILLER, Clerk.

Christopher Bryski Student Loan Protection Act and Christopher's Law - (Sec. 2) Amends the Truth in Lending Act to require institutions of higher education (IHEs) that provide student loan counseling to new borrowers and cosigners at the time of any student loan application, origination, or consolidation, or at the time the cosigner assumes responsibility for repayment, to include information on creating a durable power of attorney for financial decisionmaking. Requires private educational lenders to provide borrowers and cosigners of student loans with that information at the time of loan application. Requires lenders of private educational loans for which cosigners are held jointly liable to describe clearly and conspicuously, in writing, the cosigners' obligations regarding such loans, including the effect a borrower's or cosigner's death, disability, or inability to engage in any substantial gainful activity would have on such obligations. Directs the Board of Governors of the Federal Reserve System to publish model forms for the information this Act requires to be provided regarding: (1) the creation of a durable power of attorney; and (2) a cosigner's obligation. (Sec. 3) Amends the Higher Education Act of 1965 to require IHEs to provide borrowers of federal educational loans information at their entrance counseling regarding: (1) the effect their death, disability, or inability to engage in any substantial gainful activity would have on their federal and private educational loans; and (2) their state's model form, published by the Board of Governors of the Federal Reserve System, for creating a durable power of attorney.

To amend the Truth in Lending Act and the Higher Education Act of 1965 to require additional disclosures and protections for students and cosigners with respect to student loans, and for other purposes.

SECTION 1. FINDINGS. Congress finds the following: (1) There are new and emerging opportunities for producing renewable energy fuel products, which will be of benefit to the United States and its citizens. (2) Disposal of animal and agricultural wastes can be a major problem and new technologies should be promoted to utilize these wastes. (3) New technologies can be developed and implemented that will utilize animal and agricultural wastes to produce significant quantities of marketable alternative fuels. (4) Investment in renewable energy will-- (A) enhance the energy security and independence of the United States, (B) provide significant environmental benefits and reduce wastes, (C) improve electrical reliability and security, and (D) promote sustainable development opportunities. (5) Alternative fuels should be a major part of the strategy to increase domestic production of motor fuels. (6) The Federal Government should take all measures to provide incentives to assure the implementation of technologies to produce alternative fuels. SEC. 2. MODIFICATION OF CREDIT FOR PRODUCTION OF ELECTRICITY FROM RENEWABLE RESOURCES. (a) Credit Allowed for Producers of Certain Energy.--Section 45(a)(2) of the Internal Revenue Code of 1986 (relating to electricity produced from certain renewable resources) is amended to read as follows: ``(2) the-- ``(A) kilowatt hours of electricity-- ``(i) produced by the taxpayer-- ``(I) from qualified energy resources (other than qualified waste), and ``(II) at a qualified facility during the 10-year period beginning on the date the facility was originally placed in service, and ``(ii) sold by the taxpayer to an unrelated person during the taxable year, or ``(B) amount of kilowatt hours of electricity equivalent which is equal to the Btu of any fuel or feedstock-- ``(i) produced by the taxpayer-- ``(I) from qualified waste or poultry waste, and ``(II) at a qualified facility during the 10-year period beginning on the date the facility was originally placed in service, and ``(ii) sold by the taxpayer to an unrelated person during the taxable year.''. (b) Qualified Energy Resources.-- (1) In general.--Section 45(c)(1) of the Internal Revenue Code of 1986 (defining qualified energy resources) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following: ``(D) qualified waste.''. (2) Qualified waste.--Section 45(c) of such Code (relating to definitions) is amended by adding at the end the following: ``(5) Qualified waste.--The term `qualified waste' means agriculture and animal waste (other than poultry waste), including by-products, packaging, and any materials associated with the processing, raising, feeding, selling, transporting, or disposal of agricultural or animal products.''. (c) Qualified Facility.--Section 45(c)(3) of the Internal Revenue Code of 1986 (defining qualified facility) is amended by adding at the end the following: ``(D) Qualified waste facility.--In the case of a facility using qualified waste or poultry waste to produce alternative fuel feedstock, the term `qualified facility' means any facility of the taxpayer which is originally placed in service by the taxpayer after December 31, 2001, and before January 1, 2007.''. (d) Government-Owned Facilities.--Section 45(d)(6) of the Internal Revenue Code of 1986 (relating to credit eligibility in the case of government-owned facilities using poultry waste) is amended by inserting ``or using poultry waste or qualified waste to produce alternative fuel feedstock'' after ``electricity''. (e) Limit on Carryback of Credit.--Section 39(d)(3) of the Internal Revenue Code of 1986 (relating to no carryback of renewable electricity production credit before effective date) is amended by inserting ``and before January 1, 2002, to the extent such credit is attributable to energy (other than electricity) produced from qualified waste or poultry waste'' after ``energy resource''. (f) Conforming Amendments.-- (1) Section 38(b)(8) of the Internal Revenue Code of 1986 is amended by inserting ``and other energy'' after ``electricity''. (2) The heading for section 45 of such Code is amended by inserting ``and other energy produced from waste products'' after ``resources''. (3) The item relating to section 45 in the table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting ``and other energy produced from waste products'' after ``resources''. (4) The heading of section 45(d)(6) of such Code is amended by inserting ``or qualified waste'' after ``poultry waste''. (g) Effective Date.--The amendments made by this section shall apply to energy produced after the date of the enactment of this Act.

Amends the Internal Revenue Code to modify the credit for production of electricity from renewable resources to include production of energy from agricultural and animal waste, including by-products and associated materials. Limits such credit to facilities placed in service after 2001 and before 2007.

A bill to amend the Internal Revenue Code of 1986 to modify the credit for the production of electricity from renewable resources to include production of energy from agricultural and animal waste.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Land Sovereignty Protection Act of 1996''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The power to dispose of and make all needful rules and regulations governing lands belonging to the United States is vested in the Congress under article IV, section 3, of the Constitution. (2) Some Federal land designations made pursuant to international agreements concern land use policies and regulations for lands belonging to the United States which under article IV, section 3, of the Constitution can only be implemented through laws enacted by the Congress. (3) Some international land designations, such as those under the United States Biosphere Reserve Program and the Man and Biosphere Program of the United Nations Scientific, Educational, and Cultural Organization, operate under independent national committees, such as the United States National Man and Biosphere Committee, which have no legislative directives or authorization from the Congress. (4) Actions by the United States in making such designations may affect the use and value of nearby or intermixed non-Federal lands. (5) The sovereignty of the States is a critical component of our Federal system of government and a bulwark against the unwise concentration of power. (6) Private property rights are essential for the protection of freedom. (7) Actions by the United States to designate lands belonging to the United States pursuant to international agreements in some cases conflict with congressional constitutional responsibilities and State sovereign capabilities. (8) Actions by the President in applying certain international agreements to lands owned by the United States diminishes the authority of the Congress to make rules and regulations respecting these lands. (b) Purpose.--The purposes of this Act are the following: (1) To reaffirm the power of the Congress under article IV, section 3, of the Constitution over international agreements which concern disposal, management, and use of lands belonging to the United States. (2) To protect State powers not reserved to the Federal Government under the Constitution from Federal actions designating lands pursuant to international agreements. (3) To ensure that no United States citizen suffers any diminishment or loss of individual rights as a result of Federal actions designating lands pursuant to international agreements for purposes of imposing restrictions on use of those lands. (4) To protect private interests in real property from diminishment as a result of Federal actions designating lands pursuant to international agreements. (5) To provide a process under which the United States may, when desirable, designate lands pursuant to international agreements. SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE LISTING. Section 401 of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1) is amended-- (1) in subsection (a) in the first sentence, by-- (A) inserting ``(in this section referred to as the `Convention')'' after ``1973''; and (B) inserting ``and subject to subsections (b), (c), (d), (e), and (f)'' before the period at the end; (2) in subsection (b) in the first sentence, by inserting ``, subject to subsection (d),'' after ``shall''; and (3) adding at the end the following new subsections: ``(d) The Secretary of the Interior shall not nominate any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention unless such nomination is specifically authorized by a law enacted after the date of enactment of the American Land Sovereignty Protection Act of 1996. The Secretary may from time to time submit to the Speaker of the House and the President of the Senate proposals for legislation authorizing such a nomination. ``(e) The Secretary of the Interior shall object to the inclusion of any property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention unless-- ``(1) the Secretary has submitted to the Speaker of the House and the President of the Senate a report describing the necessity for including that property on the list; and ``(2) the Secretary is specifically authorized to assent to the inclusion of the property on the list, by a joint resolution of the Congress enacted after the date that report is submitted. ``(f) The Secretary of the Interior shall submit an annual report on each World Heritage Site within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains the following information for each site: ``(1) An accounting of all money expended to manage the site. ``(2) A summary of Federal full time equivalent hours related to management of the site. ``(3) A list and explanation of all nongovernmental organizations contributing to the management of the site. ``(4) A summary and account of the disposition of complaints received by the Secretary related to management of the site.''. SEC. 4. PROHIBITION AND TERMINATION OF UNITED NATIONS BIOSPHERE RESERVES. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the following new section: ``Sec. 403. (a) No Federal official may nominate any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. ``(b) Any designation of an area in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve-- ``(1) is specifically authorized by a law enacted after the date of enactment of the American Land Sovereignty Protection Act of 1996 and before December 31, 1999; ``(2) consists solely of lands that on the date of that enactment are owned by the United States; and ``(3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. ``(c) The Secretary of State shall submit an annual report on each Biosphere Reserve within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains the following information for each reserve: ``(1) An accounting of all money expended to manage the reserve. ``(2) A summary of Federal full time equivalent hours related to management of the reserve. ``(3) A list and explanation of all nongovernmental organizations contributing to the management of the reserve. ``(4) A summary and account of the disposition of the complaints received by the Secretary related to management of the reserve.''. SEC. 5. INTERNATIONAL AGREEMENTS IN GENERAL. Title IV of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end the following new section: ``Sec. 404. (a) No Federal official may nominate, classify, or designate any lands owned by the United States and located within the United States for a special or restricted use under any international agreement unless such nomination, classification, or designation is specifically authorized by law. The President may from time to time submit to the Speaker of the House of Representatives and the President of the Senate proposals for legislation authorizing such a nomination, classification, or designation. ``(b) A nomination, classification, or designation of lands owned by a State or local government, under any international agreement shall have no force or effect unless the nomination, classification, or designation is specifically authorized by a law enacted by the State or local government, respectively. ``(c) A nomination, classification, or designation of privately owned lands under any international agreement shall have no force or effect without the written consent of the owner of the lands. ``(d) This section shall not apply to-- ``(1) sites nominated under the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (popularly known as the Ramsar Convention); ``(2) agreements established under section 16(a) of the North American Wetlands Conservation Act (16 U.S.C. 4413); and ``(3) conventions referred to in section 3(h)(3) of the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712(2)). ``(e) In this section, the term `international agreement' means any treaty, compact, executive agreement, convention, or bilateral agreement between the United States or any agency of the United States and any foreign entity or agency of any foreign entity, having a primary purpose of conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna.''. SEC. 6. CLERICAL AMENDMENT. Section 401(b) of the National Historic Preservation Act Amendments of 1980 (16 U.S.C. 470a-1(b)) is amended by striking ``Committee on Natural Resources'' and inserting ``Committee on Resources''.

American Land Sovereignty Protection Act of 1996 - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless such nomination is specifically authorized by law. Authorizes the Secretary to submit proposals for legislation authorizing such a nomination. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has submitted to specified congressional officials a report describing the necessity for such inclusion; and (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Requires the Secretary to report annually to the Chairman and Ranking Minority Member of specified congressional committees on each World Heritage Site within the United States regarding: (1) an accounting of all money expended to manage the Site; (2) a summary of Federal full time equivalent hours related to its management; (3) a list and explanation of all nongovernmental organizations contributing to such management; and (4) a summary and account of the disposition of complaints received by the Secretary related to it. (Sec. 4) Amends the National Historic Preservation Act Amendments of 1980 to prohibit Federal officials from nominating lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that such designation of an area in the United States shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 1999; (2) consists solely of federally-owned lands; and (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Requires the Secretary of State to report annually to the Chairman and Ranking Minority Member of specified congressional committees on each Biosphere Reserve within the United States regarding: (1) an accounting of all money expended to manage the Reserve; (2) a summary of Federal full time equivalent hours related to its management; (3) a list and explanation of all nongovernmental organizations contributing to such management; and (4) a summary and account of the disposition of complaints received by the Secretary related to it. (Sec. 5) Prohibits, under any international agreement, the nomination, classification, or designation of: (1) federally-owned lands located within the United States for a special or restricted use unless authorized by law; (2) State or local government lands unless authorized by State or local law; or (3) privately owned lands without the owner's consent. Provides that such prohibition shall not apply to: (1) sites nominated under the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (popularly known as the Ramsar Convention); (2) agreements established under the North American Wetlands Conservation Act; and (3) conventions referred to in the Fish and Wildlife Improvement Act of 1978.

American Land Sovereignty Protection Act of 1996

SECTION 1. EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY INDIVIDUALS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include the sum of the amounts received during the taxable year by an individual as-- ``(1) dividends from domestic corporations, or ``(2) interest. ``(b) Certain Dividends Excluded.--Subsection (a)(1) shall not apply to any dividend from a corporation which, for the taxable year of the corporation in which the distribution is made, or for the next preceding taxable year of the corporation, is a corporation exempt from tax under section 501 (relating to certain charitable, etc., organization) or section 521 (relating to farmers' cooperative associations). ``(c) Special Rules.--For purposes of this section-- ``(1) Distributions from regulated investment companies and real estate investment trusts.--Subsection (a) shall apply with respect to distributions by-- ``(A) regulated investment companies to the extent provided in section 854(c), and ``(B) real estate investment trusts to the extent provided in section 857(c). ``(2) Distributions by a trust.--For purposes of subsection (a), the amount of dividends and interest properly allocable to a beneficiary under section 652 or 662 shall be deemed to have been received by the beneficiary ratably on the same date that the dividends and interest were received by the estate or trust. ``(3) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only-- ``(A) in determining the tax imposed for the taxable year pursuant to section 871(b)(1) and only in respect of dividends and interest which are effectively connected with the conduct of a trade or business within the United States, or ``(B) in determining the tax imposed for the taxable year pursuant to section 877(b).'' (b) Clerical and Conforming Amendments.-- (1) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Exclusion of dividends and interest received by individuals.'' (2) Paragraph (2) of section 265(a) of such Code is amended by inserting before the period at the end thereof the following: ``, or to purchase or carry obligations or shares, or to make deposits, to the extent the interest thereon is excludable from gross income under section 116''. (3) Subsection (c) of section 584 of such Code is amended by adding at the end thereof the following new sentence: ``The proportionate share of each participant in the amount of dividends or interest received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.'' (4) Subsection (a) of section 643 of such Code is amended by inserting after paragraph (6) the following new paragraph: ``(7) Dividends or interest.--There shall be included the amount of any dividends or interest excluded from gross income pursuant to section 116.'' (5) Section 854 of such Code is amended by adding at the end thereof the following new subsection: ``(c) Treatment Under Section 116.-- ``(1) In general.--For purposes of section 116, in the case of any dividend (other than a dividend described in subsection (a)) received from a regulated investment company which meets the requirements of section 852 for the taxable year in which it paid the dividend-- ``(A) the entire amount of such dividend shall be treated as a dividend if the aggregate dividends and interest received by such company during the taxable year equal or exceed 75 percent of its gross income, or ``(B) if subparagraph (A) does not apply, a portion of such dividend shall be treated as a dividend (and a portion of such dividend shall be treated as interest) based on the portion of the company's gross income which consists of aggregate dividends or aggregate interest, as the case may be. For purposes of the preceding sentence, gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year as does not exceed aggregate interest received for the taxable year. ``(2) Notice to shareholders.--The amount of any distribution by a regulated investment company which may be taken into account as a dividend for purposes of the exclusion under section 116 shall not exceed the amount so designated by the company in a written notice to its shareholders mailed not later than 45 days after the close of its taxable year. ``(3) Definitions.--For purposes of this subsection-- ``(A) The term `gross income' does not include gain from the sale or other disposition of stock or securities. ``(B) The term `aggregate dividends received' includes only dividends received from domestic corporations other than dividends described in section 116(b)(2). In determining the amount of any dividend for purposes of this subparagraph, the rules provided in section 116(c)(1) (relating to certain distributions) shall apply.'' (6) Subsection (c) of section 857 of such Code is amended to read as follows: ``(c) Limitations Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) In general.--For purposes of section 116 (relating to an exclusion for dividends and interest received by individuals) and section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment as interest.--In the case of a dividend (other than a capital gain dividend, as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part for the taxable year in which it paid the dividend-- ``(A) such dividend shall be treated as interest if the aggregate interest received by the real estate investment trust for the taxable year equals or exceeds 75 percent of its gross income, or ``(B) if subparagraph (A) does not apply, the portion of such dividend which bears the same ratio to the amount of such dividend as the aggregate interest received bears to gross income shall be treated as interest. ``(3) Adjustments to gross income and aggregate interest received.--For purposes of paragraph (2)-- ``(A) gross income does not include the net capital gain, ``(B) gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year (other than for interest on mortgages on real property owned by the real estate investment trust) as does not exceed aggregate interest received by the taxable year, and ``(C) gross income shall be reduced by the sum of the taxes imposed by paragraphs (4), (5), and (6) of section 857(b). ``(4) Notice to shareholders.--The amount of any distribution by a real estate investment trust which may be taken into account as interest for purposes of the exclusion under section 116 shall not exceed the amount so designated by the trust in a written notice to its shareholders mailed not later than 45 days after the close of its taxable year.'' (c) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after December 31, 1993.

Amends the Internal Revenue Code to exclude from an individual's gross income: (1) dividends received from domestic corporations; and (2) interest.

To amend the Internal Revenue Code of 1986 to provide an exclusion for all dividends and interest received by individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Safety Protection Act''. SEC. 2. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION. (a) In General.--Chapter 421 of title 49, United States Code, is amended by adding at the end the following: ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM ``Sec. 42121. Protection of employees providing air safety information ``(a) Discrimination Against Airline Employees.--No air carrier or contractor or subcontractor of an air carrier may discharge an employee of the air carrier or the contractor or subcontractor of an air carrier or otherwise discriminate against any such employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)-- ``(1) provided, caused to be provided, or is about to provide or cause to be provided, to the Federal Government information relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of Federal law relating to air carrier safety under this subtitle or any other law of the United States; ``(2) has filed, caused to be filed, or is about to file or cause to be filed, a proceeding relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of Federal law relating to air carrier safety under this subtitle or any other law of the United States; ``(3) testified or will testify in such a proceeding; or ``(4) assisted or participated or is about to assist or participate in such a proceeding. ``(b) Department of Labor Complaint Procedure.-- ``(1) Filing and notification.-- ``(A) In general.--In accordance with this paragraph, a person may file (or have a person file on behalf of that person) a complaint with the Secretary of Labor if that person believes that an air carrier or contractor or subcontractor of an air carrier discharged or otherwise discriminated against that person in violation of subsection (a). ``(B) Requirements for filing complaints.--A complaint referred to in subparagraph (A) may be filed not later than 90 days after an alleged violation occurs. The complaint shall state the alleged violation. ``(C) Notification.--Upon receipt of a complaint submitted under subparagraph (A), the Secretary of Labor shall notify the air carrier, contractor, or subcontractor named in the complaint and the Administrator of the Federal Aviation Administration of the-- ``(i) filing of the complaint; ``(ii) allegations contained in the complaint; ``(iii) substance of evidence supporting the complaint; and ``(iv) opportunities that are afforded to the air carrier, contractor, or subcontractor under paragraph (2). ``(2) Investigation; preliminary order.-- ``(A) In general.-- ``(i) Investigation.--Not later than 60 days after receipt of a complaint filed under paragraph (1) and after affording the person named in the complaint an opportunity to submit to the Secretary of Labor a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary of Labor shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify in writing the complainant and the person alleged to have committed a violation of subsection (a) of the Secretary's findings. ``(ii) Order.--Except as provided in subparagraph (B), if the Secretary of Labor concludes that there is reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany the findings referred to in clause (i) with a preliminary order providing the relief prescribed under paragraph (3)(B). ``(iii) Objections.--Not later than 30 days after the date of notification of findings under this paragraph, the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order and request a hearing on the record. ``(iv) Effect of filing.--The filing of objections under clause (iii) shall not operate to stay any reinstatement remedy contained in the preliminary order. ``(v) Hearings.--Hearings conducted pursuant to a request made under clause (iii) shall be conducted expeditiously and governed by the Federal Rules of Civil Procedure. If a hearing is not requested during the 30-day period prescribed in clause (iii), the preliminary order shall be deemed a final order that is not subject to judicial review. ``(B) Requirements.-- ``(i) Required showing by complainant.--The Secretary of Labor shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. ``(ii) Showing by employer.-- Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior. ``(iii) Criteria for determination by secretary.--The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. ``(iv) Prohibition.--Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior. ``(3) Final order.-- ``(A) Deadline for issuance; settlement agreements.-- ``(i) In general.--Not later than 120 days after conclusion of a hearing under paragraph (2), the Secretary of Labor shall issue a final order that-- ``(I) provides relief in accordance with this paragraph; or ``(II) denies the complaint. ``(ii) Settlement agreement.--At any time before issuance of a final order under this paragraph, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary of Labor, the complainant, and the air carrier, contractor, or subcontractor alleged to have committed the violation. ``(B) Remedy.--If, in response to a complaint filed under paragraph (1), the Secretary of Labor determines that a violation of subsection (a) has occurred, the Secretary of Labor shall order the air carrier, contractor, or subcontractor that the Secretary of Labor determines to have committed the violation to-- ``(i) take action to abate the violation; ``(ii) reinstate the complainant to the former position of the complainant and ensure the payment of compensation (including back pay) and the restoration of terms, conditions, and privileges associated with the employment; and ``(iii) provide compensatory damages to the complainant. ``(C) Costs of complaint.--If the Secretary of Labor issues a final order that provides for relief in accordance with this paragraph, the Secretary of Labor, at the request of the complainant, shall assess against the air carrier, contractor, or subcontractor named in the order an amount equal to the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred by the complainant (as determined by the Secretary of Labor) for, or in connection with, the bringing of the complaint that resulted in the issuance of the order. ``(4) Frivolous complaints.--A complaint brought under this section that is found to be frivolous or to have been brought in bad faith shall be governed by Rule 11 of the Federal Rules of Civil Procedure. ``(5) Review.-- ``(A) Appeal to court of appeals.-- ``(i) In general.--Not later than 60 days after a final order is issued under paragraph (3), a person adversely affected or aggrieved by that order may obtain review of the order in the United States court of appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of that violation. ``(ii) Requirements for judicial review.--A review conducted under this paragraph shall be conducted in accordance with chapter 7 of title 5. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order that is the subject of the review. ``(B) Limitation on collateral attack.--An order referred to in subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. ``(6) Enforcement of order by secretary of labor.-- ``(A) In general.--If an air carrier, contractor, or subcontractor named in an order issued under paragraph (3) fails to comply with the order, the Secretary of Labor may file a civil action in the United States district court for the district in which the violation occurred to enforce that order. ``(B) Relief.--In any action brought under this paragraph, the district court shall have jurisdiction to grant any appropriate form of relief, including injunctive relief and compensatory damages. ``(7) Enforcement of order by parties.-- ``(A) Commencement of action.--A person on whose behalf an order is issued under paragraph (3) may commence a civil action against the air carrier, contractor, or subcontractor named in the order to require compliance with the order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce the order. ``(B) Attorney fees.--In issuing any final order under this paragraph, the court may award costs of litigation (including reasonable attorney and expert witness fees) to any party if the court determines that the awarding of those costs is appropriate. ``(c) Mandamus.--Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28. ``(d) Nonapplicability To Deliberate Violations.--Subsection (a) shall not apply with respect to an employee of an air carrier, or contractor or subcontractor of an air carrier who, acting without direction from the air carrier (or an agent, contractor, or subcontractor of the air carrier), deliberately causes a violation of any requirement relating to air carrier safety under this subtitle or any other law of the United States. ``(e) Contractor Defined.--In this section, the term `contractor' means a company that performs safety-sensitive functions by contract for an air carrier.''. (b) Conforming Amendment.--The analysis for chapter 421 of title 49, United States Code, is amended by adding at the end the following: ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM ``42121. Protection of employees providing air safety information. (c) Civil Penalty.--Section 46301(a)(1)(A) of title 49, United States Code, is amended by striking ``subchapter II of chapter 421,'' and inserting ``subchapter II or III of chapter 421,''.

Aviation Safety Protection Act - Amends Federal transportation law to establish a whistleblower protection program for airline employees providing air safety information. Prohibits air carriers, contractors, and subcontractors from discharging or otherwise discriminating against an employee as to pay, terms, conditions, or privileges of employment because the employee: (1) is about to provide or has provided to the Federal Government information relating to any violation of a Federal Aviation Administration (FAA) order, regulation, or standard, or any other Federal law relating to air carrier safety; or (2) is about to file or has filed a proceeding, or testified, or otherwise participated in a proceeding relating to such violations. Sets forth a Department of Labor complaint procedure for persons who believe they have been discharged or discriminated against in violation of this Act. Specifies civil penalties for violation of this Act.

Aviation Safety Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving the Earnings and Noting the Investment of Our Retired Seniors Act of 2015'' or the ``SENIORS Act of 2015''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) seniors, especially those on a fixed income, who were promised social security benefits, paid into the system, and now rely on those benefits, receive a proper cost-of-living increase to fulfill their needs; and (2) Congress, in coordination with the heads of the Social Security Administration, the Railroad Retirement Board, the Department of Veterans Affairs, and the Department of Labor, should develop a legislative solution to ensure that the cost- of-living adjustment formula for Social Security adequately reflects beneficiaries' needs. SEC. 3. ONE-TIME SUPPLEMENTARY PAYMENT TO BENEFICIARIES OF SOCIAL SECURITY AND VETERANS BENEFITS. (a) Authority To Make Payments.-- (1) Eligibility.-- (A) In general.--Subject to paragraph (4)(C), the Secretary of the Treasury shall disburse a payment equal to the amount described in subsection (e) to each individual who, for any month during the 3-month period ending with the month which ends prior to the month that includes the date of the enactment of this Act, is entitled to a benefit payment described in clause (i), (ii), or (iii) of subparagraph (B), or is eligible for a SSI cash benefit described in subparagraph (C). (B) Benefit payment described.--For purposes of subparagraph (A): (i) Title ii benefit.--A benefit payment described in this clause is a monthly insurance benefit payable under title II of the Social Security Act (42 U.S.C. 401 et seq.). (ii) Railroad retirement benefit.--A benefit payment described in this clause is a monthly annuity or pension payment payable under subsection (a), (c), or (d) of section 2 of the Railroad Retirement Act of 1974 (45 U.S.C. 231a). (iii) Veterans benefit.--A benefit payment described in this clause is a payment made by the Secretary of Veterans Affairs for a benefit under the laws administered by the Secretary-- (I) that is covered by section 5312 of title 38, United States Code; (II) for which there was an increase in rates made pursuant to the Veterans' Compensation Cost-of-Living Adjustment Act of 2014 (Public Law 113- 181); or (III) that would otherwise be increased pursuant to an increase in benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.). (C) SSI cash benefit described.--A SSI cash benefit described in this subparagraph is a supplemental security income benefit payable under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.). (2) No double payments.--An individual shall be paid only 1 payment under this section, regardless of whether the individual is entitled to, or eligible for, more than 1 benefit payment described in paragraph (1). (3) Limitation.--A payment under this section shall not be made in the case of any individual whose date of death occurs before the date on which the individual is certified under subsection (b) to receive a payment under this section. (4) Timing and manner of payments.-- (A) In general.--The Secretary of the Treasury shall commence disbursing payments under this section at the earliest practicable date but in no event later than 120 days after the date of enactment of this Act. The Secretary of the Treasury may disburse any payment electronically to an individual in such manner as if such payment was a benefit payment to such individual under the applicable program described in subparagraph (B) or (C) of paragraph (1). (B) Notice.-- (i) In general.--The Secretary of the Treasury shall provide written notice, sent by mail to each individual receiving a payment under this section, explaining that the payment represents a one-time benefit increase to the benefit payment described in paragraph (1) to which the individual is entitled. (ii) Public notice.--The Secretary of the Treasury, in consultation with the Commissioner of Social Security and the Secretary of Veterans Affairs, shall publish on a public Web site information about the payments authorized under this subsection, including-- (I) information on eligibility for such payments; (II) information on the timeframe in which such payments will be distributed; and (III) other relevant information. (C) Deadline.--No payments shall be disbursed under this section after December 31, 2016, regardless of any determinations of entitlement to, or eligibility for, such payments made after such date. (b) Identification of Recipients.--The Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of Veterans Affairs shall certify the individuals entitled to receive payments under this section and provide the Secretary of the Treasury with the information needed to disburse such payments. A certification of an individual shall be unaffected by any subsequent determination or redetermination of the individual's entitlement to, or eligibility for, a benefit specified in subparagraph (B) or (C) of subsection (a)(1). (c) Treatment of Payments.-- (1) Payment not considered income for purposes of taxation.--A payment under subsection (a) shall not be considered as gross income for purposes of the Internal Revenue Code of 1986. (2) Payments protected from assignment.--The provisions of section 207 of the Social Security Act (42 U.S.C. 407) and section 14(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231m(a)) shall apply to any payment made under subsection (a) as if such payment was a benefit payment to such individual under the applicable program described in subsection (a)(1)(B). (3) Treatment under social security act.-- (A) No effect on family maximum.--For purposes of section 203(a) of the Social Security Act (42 U.S.C. 403(a)), a payment under subsection (a) shall be disregarded in determining reductions in benefits under such section. (B) Payment not a general benefit increase.--For purposes of section 215(i) of the Social Security Act (42 U.S.C. 415(i)), a payment under subsection (a) shall not be regarded as a general benefit increase. (4) Payments subject to reclamation.--Any payment made under this section shall, in the case of a payment by direct deposit which is made after the date of the enactment of this Act, be subject to the reclamation provisions under subpart B of part 210 of title 31, Code of Federal Regulations (relating to reclamation of benefit payments). (d) Payment to Representative Payees and Fiduciaries.-- (1) In general.--In any case in which an individual who is entitled to a payment under subsection (a) and whose benefit payment or cash benefit described in paragraph (1) of that subsection is paid to a representative payee or fiduciary, the payment under subsection (a) shall be made to the individual's representative payee or fiduciary and the entire payment shall be used only for the benefit of the individual who is entitled to the payment. (2) Applicability.-- (A) Payment on the basis of a title ii benefit or ssi benefit.--Section 1129(a)(3) of the Social Security Act (42 U.S.C. 1320a-8(a)(3)) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(i) or (1)(C) of subsection (a) in the same manner as such section applies to a payment under title II or XVI of such Act. (B) Payment on the basis of a railroad retirement benefit.--Section 13 of the Railroad Retirement Act (45 U.S.C. 231l) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(ii) of subsection (a) in the same manner as such section applies to a payment under such Act. (C) Payment on the basis of a veterans benefit.-- Sections 5502, 6106, and 6108 of title 38, United States Code, shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(iii) of subsection (a) in the same manner as those sections apply to a payment under that title. (e) Payment Amount.--The amount described in this subsection, with respect to an individual who is entitled to a benefit payment described in clause (i), (ii), or (iii) of subparagraph (B) of subsection (a)(1) or eligible for a SSI cash benefit described in subparagraph (C) of such subsection, is the amount that is equal to 12 percent of the amount of such benefit payment or SSI cash benefit payable to the individual for the month of November 2015. (f) Appropriation.--Out of any sums in the Treasury of the United States not otherwise appropriated, the following sums are appropriated for the period of fiscal years 2016 through 2017, to remain available until expended, to carry out this section: (1) For the Secretary of the Treasury, such sums as may be necessary for administrative costs incurred in carrying out this section. (2) For the Commissioner of Social Security-- (A) such sums as may be necessary for payments to individuals certified by the Commissioner of Social Security as entitled to receive a payment under this section; and (B) such sums as may be necessary to the Social Security Administration's Limitation on Administrative Expenses for costs incurred in carrying out this section. (3) For the Railroad Retirement Board-- (A) such sums as may be necessary for payments to individuals certified by the Railroad Retirement Board as entitled to receive a payment under this section; and (B) such sums as may be necessary to the Railroad Retirement Board's Limitation on Administration for administrative costs incurred in carrying out this section. (4)(A) For the Secretary of Veterans Affairs-- (i) such sums as may be necessary for the Compensation and Pensions account, for payments to individuals certified by the Secretary of Veterans Affairs as entitled to receive a payment under this section; and (ii) such sums as may be necessary for the Information Systems Technology account and the General Operating Expenses account for administrative costs incurred in carrying out this section. (B) The Department of Veterans Affairs Compensation and Pensions account shall hereinafter be available for payments authorized under subsection (a)(1)(A) to individuals entitled to a benefit payment described in subsection (a)(1)(B)(iii). SEC. 4. OFFSETS. (a) Rescission of Funds in U.S. Enrichment Corporation Fund.--All balances under ``United States Enrichment Corporation Fund'' are hereby permanently rescinded. No amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. (b) Social Security Number Required To Claim the Refundable Portion of the Child Tax Credit.-- (1) In general.--Section 24(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Identification requirement with respect to taxpayer and qualifying child.-- ``(A) In general.--Paragraph (1) shall not apply to any taxpayer for any taxable year unless the taxpayer includes on the return of tax for such taxable year the taxpayer's social security number. ``(B) Joint returns.--In the case of a joint return, the requirement of subparagraph (A) shall be treated as met if the social security number of either spouse is included on such return. ``(C) Limitation.--Subparagraph (A) shall not apply to the extent that the tentative minimum tax (as defined in section 55(b)(1)(A)) exceeds the credit allowed under section 32.''. (2) Omissions treated as mathematical or clerical error.-- Section 6213(g)(2)(I) of such Code is amended to read as follows: ``(I) an omission of a correct social security number required under section 24(d)(5) (relating to refundable portion of child tax credit), or a correct TIN under section 24(e) (relating to child tax credit), to be included on a return,''. (3) Conforming amendment.--Section 24(e) of such Code is amended by inserting ``With Respect to Qualifying Children'' after ``Identification Requirement'' in the heading thereof. (4) Effective date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015. (c) Rescission of Funds for the Making Home Affordable Program.--Of the amounts obligated, but not expended, under the Emergency Economic Stabilization Act of 2008 for the Making Home Affordable Program of the Department of the Treasury, the Secretary of the Treasury shall transfer $2,500,000,000 to the general fund of the Treasury. (d) Rescission of Funds for the DOE ATVM Loan Program.--Of the funds made available by section 129 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, Public Law 110-329, the unobligated balance is hereby rescinded. SEC. 5. REPORT. Not later than 1 year after the date of the enactment of this Act, the heads of the Social Security Administration, the Railroad Retirement Board, the Department of Veterans Affairs, and the Department of Labor shall jointly submit a report to Congress that includes a legislative solution to ensure that the cost-of-living adjustment formula for Social Security adequately reflects beneficiary's needs.

Saving the Earnings and Noting the Investment of Our Retired Seniors Act of 2015 or the SENIORS Act of 2015 This bill expresses the sense of Congress on a cost-of-living increase to Social Security benefits for seniors. The Department of the Treasury shall disburse a one-time payment to certain individuals who are entitled to a benefit under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSAct), an annuity under the Railroad Retirement Act of 1974, or a veterans benefit, or are eligible for a cash benefit under SSAct title XVI (Supplemental Security Income). The amount disbursed shall be 12% of the amount of such benefit payment or SSI cash benefit payable to the individual for November 2015. The Internal Revenue Code is amended to require a Social Security number to claim the refundable portion of the child tax credit. As offsets for these payments: all balances under the United States Enrichment Corporation Fund are hereby permanently rescinded; of the amounts obligated, but not expended, under the Emergency Economic Stabilization Act of 2008 for the Making Home Affordable Program, Treasury shall transfer $2.5 million to the general fund of the Treasury; and of the funds made available to the Department of Energy under the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 for the Advanced Technology Vehicles Manufacturing Loan Program Account for the cost of direct loans as authorized by the Energy Independence and Security Act of 2007, the unobligated balance is hereby rescinded.

SENIORS Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Livestock Concentration Report Act of 1995''. SEC. 2. APPOINTMENT OF COMMISSION. Not later than 30 days after the date of the enactment of this Act, the President shall appoint a Commission on Concentration in the Livestock Industry which shall be composed of the Secretary of Agriculture, who shall be the chairperson of the Commission, and 2 members appointed from among individuals in each of the following categories: (1) Cattle producers. (2) Hog producers. (3) Lamb producers. (4) Experts in antitrust laws. (5) Economists. (6) Corporate chief financial officers. (7) Corporate procurement experts. SEC. 3. DUTIES OF COMMISSION. (a) Duties.--The Commission on Concentration in the Livestock Industry shall-- (1) determine whether the study of concentration in the red meat packing industry adequately-- (A) examined and identified regional procurement markets for slaughter cattle in the continental United States; (B) analyzed the effects that slaughter cattle procurement practices, and concentration in the procurement of slaughter cattle, have on the purchasing and pricing of slaughter cattle by beef packers; (C) examined the use of captive cattle supply arrangements by beef packers and the effects of such arrangements on slaughter cattle markets; (D) examined the economics of vertical integration and of coordination arrangements in the hog slaughtering and processing industry; (E) examined the pricing and procurement by hog slaughtering plants operating in the eastern corn belt; (F) reviewed the pertinent research literature on issues relating to the structure and operation of the meat packing industry; and (G) represents, for the matters described in subparagraphs (A) through (F), the current situation in the livestock industry compared to the situation of such industry reflected in the data on which such study is based; and (2) review the application of the antitrust laws, and the operation of other Federal laws applicable, with respect to concentration and vertical integration in the procurement and pricing of slaughter cattle and of slaughter hogs by meat packers; (3) make recommendations regarding whether the laws relating to the operation of the meat packing industry should be modified regarding the concentration, vertical integration, and vertical coordination in such industry; (4) review the farm-to-retail price spread for livestock during the period beginning on January 1, 1993, and ending on the date the report is submitted under section 4; (5) review the adequacy of price data obtained by the Department of Agriculture under section 203 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622); (6) make recommendations regarding the adequacy of price discovery in the livestock industry for animals held for market; and (7) review the lamb industry study completed by the Department of Justice in 1993. (b) Solicitation of Information.--For purposes of complying with the requirements of paragraphs (2), (3), and (4) of subsection (a), the Commission on Concentration in the Livestock Industry shall solicit information from all parts of the livestock industry, including livestock producers, livestock marketers, meat packers, meat processors, and retailers. SEC. 4. REPORT. (a) Submission of Report to the President.--Not later than 90 days after the study of concentration in the red meat packing industry is submitted to the Congress, the Commission on Concentration in the Livestock Industry shall submit to the President a report summarizing the results of the duties carried out under section 3. Not later than 30 days after the President receives such report, the President shall terminate the Commission. (b) Transmission of Report to the Congress.--The President shall promptly transmit, to the Speaker of the House of Representatives and the President pro tempore of the Senate, a copy of the report the President receives under subsection (a). SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``antitrust laws'' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section applies to unfair methods of competition; and (2) the term ``study of concentration in the red meat packing industry'' means the study of concentration in the red meat packing industry proposed by the Department of Agriculture in the Federal Register on January 9, 1992 (57 Fed. Reg. 875), and for which funds were appropriated by Public Law 102-142.

Livestock Concentration Report Act of 1995 - Directs the President to appoint a Commission on Concentration in the Livestock Industry to review and report on specified meat packing industry matters, including certain studies, effects of antitrust laws, and prices.

Livestock Concentration Report Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans and Survivors Behavioral Health Awareness Act''. SEC. 2. SCHOLARSHIP PROGRAM FOR EDUCATION AND TRAINING OF BEHAVIORAL HEALTH CARE SPECIALISTS FOR VET CENTERS. (a) Program Required.--The Secretary of Veterans Affairs, acting through the Under Secretary for Health of the Department of Veterans Affairs, shall carry out a program to provide scholarships to individuals pursuing education or training in behavioral health care specialties that are critical to the operations of Vet Centers in order to recruit and retain individuals with such specialties for service as behavioral health care specialists in Vet Centers. (b) Eligibility.--An individual shall be eligible for a scholarship under the program under this section if the individual-- (1) is pursuing education or training leading to licensure or other certified proficiency in such behavioral health care specialties critical to the operations of Vet Centers as the Secretary shall designate for purposes of the program; and (2) otherwise meets such other criteria or requirements as the Secretary shall establish for purposes of the program. (c) Amount.--The amount of any scholarship provided under the program under this section shall be determined by the Secretary. (d) Agreement To Serve as Behavioral Health Care Specialist in Vet Centers.--As a condition of receipt of a scholarship under the program under this section, an individual receiving a scholarship shall enter into an agreement with the Secretary to serve as an employee of a Vet Center in the behavioral health care specialty of the individual for such period as the Secretary shall specify in the agreement. (e) Repayment.--Each agreement under subsection (c) shall contain such provisions as the Under Secretary shall establish for purposes of the program under this section relating to repayment of the amount of a scholarship provided under this section in the event the individual entering into such agreement does not fulfill the service requirements in such agreement. Such provisions shall apply, to the maximum extent practicable, uniformly to all recipients of scholarships provided under this section. (f) Funding.--(1) Amounts for scholarships under the program under this section shall be derived from amounts available to the Secretary for readjustment benefits. (2) The total amount available for scholarships under the program under this section in any fiscal year may not exceed $2,000,000. (g) Vet Centers Defined.--In this section, the term ``Vet Centers'' means the centers for readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code. SEC. 3. RESTORATION OF AUTHORITY OF VETS CENTERS TO PROVIDE REFERRAL AND OTHER ASSISTANCE UPON REQUEST TO FORMER MEMBERS OF THE ARMED FORCES NOT AUTHORIZED COUNSELING. Section 1712A of title 38, United States Code, is amended by inserting after subsection (b) the following new subsection (c): ``(c) Upon receipt of a request for counseling under this section from any individual who has been discharged or released from active military, naval, or air service but who is not otherwise eligible for such counseling, the Secretary shall-- ``(1) provide referral services to assist such individual, to the maximum extent practicable, in obtaining mental health care and services from sources outside the Department; and ``(2) if pertinent, advise such individual of such individual's rights to apply to the appropriate military, naval, or air service, and to the Department, for review of such individual's discharge or release from such service.''. SEC. 4. GRANTS FOR NONPROFIT ORGANIZATIONS FOR THE PROVISION OF EMOTIONAL SUPPORT SERVICES TO SURVIVORS OF MEMBERS OF THE ARMED FORCES AND VETERANS. (a) In General.--The Secretary of Veterans Affairs shall carry out a program to award grants to nonprofit organizations that provide emotional support services for survivors of deceased members of the Armed Forces (including members of the National Guard and Reserve) and deceased veterans through peers of such survivors. (b) Award of Grants.-- (1) Eligibility.--To be eligible for a grant under the program under this section, a nonprofit organization shall meet such criteria as the Secretary shall establish for purposes of the program. (2) Application.--A nonprofit organization seeking a grant under the program shall submit to the Secretary an application for the grant in such form and manner as the Secretary shall specify for purposes of the program. (c) Grants.-- (1) Amount.--The amount of each grant awarded a nonprofit organization under the program under this section shall be such amount as the Secretary determines appropriate for purposes of the program. (2) Duration.--The duration of each grant awarded a nonprofit organization shall be such period as the Secretary determines appropriate for purposes of the program. (d) Use of Grant Funds.--Each nonprofit organization awarded a grant under the program under this section shall utilize amounts under the grant to provide such emotional support services for survivors of deceased members of the Armed Forces (including members of the National Guard and Reserve) and deceased veterans through peers of such survivors as the Secretary shall specify in the grant. (e) Funding.--Amounts for grants under the program under this section shall be derived from amounts authorized to be appropriated for the Veterans Health Administration of the Department of Veterans Affairs.

Veterans and Survivors Behavioral Health Awareness Act - Directs the Secretary of Veterans Affairs (VA) to provide scholarships to individuals pursuing education or training in behavioral health care specialties that are critical to the operations of Vet Centers (centers for readjustment counseling and related mental health services for veterans) in order to recruit and retain individuals with such specialties for service in Vet Centers. Conditions the scholarship on the recipient's agreeing to serve in such a capacity for whatever period the Secretary specifies in the agreement. Directs the Secretary, on receipt of a request for counseling from an individual who has been discharged or released from active service, to: (1) provide referrals to assist the individual in obtaining mental health care and services outside the VA; and (2) if pertinent, advise such individual of the individual's rights to apply for review of the discharge or release. Directs the Secretary to award grants to nonprofit organizations that provide emotional support services for survivors of deceased members of the Armed Forces and deceased veterans through the survivors' peers.

To improve and enhance the mental health care benefits available to veterans, to enhance counseling and other benefits available to survivors of veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonprofit Energy Efficiency Act''. SEC. 2. ENERGY EFFICIENCY RETROFIT PILOT PROGRAM. (a) Definitions.--In this section: (1) Applicant.--The term ``applicant'' means a nonprofit organization that applies for a grant under this section. (2) Energy-efficiency improvement.-- (A) In general.--The term ``energy-efficiency improvement'' means an installed measure (including a product, equipment, system, service, or practice) that results in a reduction in demand by a nonprofit organization for energy or fuel supplied from outside the nonprofit building. (B) Inclusions.--The term ``energy-efficiency improvement'' includes an installed measure described in subparagraph (A) involving-- (i) repairing, replacing, or installing-- (I) a roof, electrical wiring, plumbing, sewage, or lighting system, or component of a roof, electrical wiring, or system; (II) a window; (III) a door, including a security door; or (IV) a heating, ventilation, or air conditioning system or component of the system (including insulation); (ii) a renewable energy generation or heating system, including a solar, photovoltaic, wind, geothermal, or biomass (including wood pellet) system or component of the system; and (iii) any other measure taken to modernize, renovate, or repair a nonprofit building to make the nonprofit building more energy efficient. (3) Nonprofit building.-- (A) In general.--The term ``nonprofit building'' means a building operated and owned by a nonprofit organization. (B) Inclusions.--The term ``nonprofit building'' includes a building described in subparagraph (A) that is-- (i) a hospital; (ii) a youth center; (iii) a school; (iv) a social-welfare program facility; (v) a house of worship; and (vi) any other nonresidential and noncommercial structure. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a pilot program to award grants for the purpose of retrofitting nonprofit buildings with energy-efficiency improvements. (c) Grants.-- (1) In general.--The Secretary may award grants under the program established under subsection (b). (2) Application.--The Secretary may award a grant under this section if an applicant submits to the Secretary an application at such time, in such form, and containing such information as the Secretary may prescribe. (3) Criteria for grant.--In determining whether to award a grant under this section, the Secretary shall apply performance-based criteria, which shall give priority to applications based on-- (A) the cost-effectiveness of the energy-efficiency improvement; and (B) an effective plan for evaluation, measurement, and verification of energy savings. (4) Limitation on individual grant amount.--Each grant awarded under this section shall not exceed-- (A) an amount equal to 50 percent of the energy- efficiency improvement; and (B) $200,000. (5) Cost sharing.-- (A) In general.--A grant awarded under this section shall be subject to a minimum non-Federal cost-sharing requirement of 50 percent. (B) In-kind contributions.--The non-Federal share may be provided in the form of in-kind contributions of materials or services. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2014 through 2017, to remain available until expended. SEC. 3. OFFSET. The Secretary of Energy shall use to carry out the pilot program established under section 2 amounts otherwise made available to carry out the Building Technologies Program.

Nonprofit Energy Efficiency Act - Directs the Secretary of Energy (DOE) to establish a pilot program to award grants to nonprofit organizations for the purpose of retrofitting buildings owned by such organizations with energy-efficiency improvements. Directs the Secretary, in determining whether to award a grant, to apply performance-based criteria, which shall give priority to applications based on: (1) the cost-effectiveness of the energy-efficiency improvement; and (2) an effective plan for evaluation, measurement, and verification of energy savings. Limits each grant award to: (1) an amount equal to 50% of the energy-efficiency improvement, and (2) $200,000. Authorizes appropriations for such grants for FY2014-FY2017. Requires the Secretary to use amounts otherwise made available for the Building Technologies Program to carry out such pilot program.

Nonprofit Energy Efficiency Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``NOAA Chesapeake Bay Watershed Monitoring, Education, Training, and Restoration Act''. SEC. 2. CHESAPEAKE BAY OFFICE PROGRAMS. Section 307 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d) is amended-- (1) by redesignating subsections (d) and (e), as subsections (h) and (i), respectively; and (2) by inserting after subsection (c), the following new subsections: ``(d) Chesapeake Bay Integrated Observing System.-- ``(1) Establishment.-- ``(A) In general.--Not later than 1 year after the date of enactment of the NOAA Chesapeake Bay Watershed Monitoring, Education, Training, and Restoration Act, the Director shall collaborate with scientific and academic institutions, Federal agencies, State and nongovernmental organizations, and other constituents located in the Chesapeake Bay watershed to establish a Chesapeake Bay Integrated Observing System (in this section referred to as the `System'). ``(B) Purpose.--The purpose of the System is to provide information needed to restore the health of the Chesapeake Bay, on such topics as land use, environmental quality of the Bay and its shoreline, coastal erosion, ecosystem health and performance, aquatic living resources and habitat conditions, and weather, tides, currents, and circulation. ``(C) Elements of system.--The System shall coordinate existing monitoring and observing activities in the Chesapeake Bay watershed, identify new data collection needs, and deploy new technologies to provide a complete set of environmental information for the Chesapeake Bay, including the following activities: ``(i) Collecting and analyzing the scientific information related to the Chesapeake Bay that is necessary for the management of living marine resources and the marine habitat associated with such resources. ``(ii) Managing and interpreting the information described in clause (i). ``(iii) Organizing the information described in clause (i) into products that are useful to policy makers, resource managers, scientists, and the public. ``(iv) Developing or supporting the development of an Internet-based information system for integrating, interpreting, and disseminating coastal information, products, and forecasts concerning the Chesapeake Bay watershed related to-- ``(I) climate; ``(II) land use; ``(III) coastal pollution and environmental quality; ``(IV) coastal hazards; ``(V) ecosystem health and performance; ``(VI) aquatic living resources and habitat conditions and management; ``(VII) economic and recreational uses; and ``(VIII) weather, tides, currents, and circulation that affect the distribution of sediments, nutrients, organisms, coastline erosion, and related physical and chemical events and processes. ``(D) Agreements to provide data, information, and support.--The Director may enter into agreements with other entities of the National Oceanic and Atmospheric Administration, other Federal, State, or local government agencies, academic institutions, or organizations described in subsection (e)(2)(A)(i) to provide and interpret data and information, and may provide appropriate support to such agencies, institutions, or organizations to fulfill the purposes of the System. ``(E) Agreements relating to information products.--The Director may enter into grants, contracts, and interagency agreements with eligible entities for the collection, processing, analysis, and interpretation of data and information and for electronic publication of information products. ``(e) Chesapeake Bay Watershed Education and Training Program.-- ``(1) Establishment.-- ``(A) In general.--The Director, in cooperation with the Chesapeake Executive Council, shall establish a Chesapeake Bay watershed education and training program. ``(B) Purposes.--The program established under subparagraph (A) shall continue and expand the Chesapeake Bay watershed education programs offered by the Chesapeake Bay Office for the purposes of-- ``(i) improving the understanding of elementary and secondary school students and teachers of the living resources of the ecosystem of the Chesapeake Bay; ``(ii) providing community education to improve watershed protection; and ``(iii) meeting the educational goals of the Chesapeake 2000 agreement. ``(2) Grant program.-- ``(A) Authorization.--The Director is authorized to award grants to pay the Federal share of the cost of a project described in subparagraph (C) to-- ``(i) a nongovernmental organization in the Chesapeake Bay watershed that is described in section 501(c) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of that Code; ``(ii) a consortium of institutions described in clause (i); ``(iii) an elementary or secondary school located within the Chesapeake Bay watershed; ``(iv) a teacher at a school described in clause (iii); or ``(v) a department of education of a State if any part of such State is within the Chesapeake Bay watershed. ``(B) Criteria.--The Director shall consider, in awarding grants under this subsection, the experience of the applicant in providing environmental education and training projects regarding the Chesapeake Bay watershed to a range of participants and in a range of settings. ``(C) Functions and activities.--Grants awarded under this subsection may be used to support education and training projects that-- ``(i) provide classroom education, including the use of distance learning technologies, on the issues, science, and problems of the living resources of the Chesapeake Bay watershed; ``(ii) provide meaningful outdoor experience on the Chesapeake Bay, or on a stream or in a local watershed of the Chesapeake Bay, in the design and implementation of field studies, monitoring and assessments, or restoration techniques for living resources; ``(iii) provide professional development for teachers related to the science of the Chesapeake Bay watershed and the dissemination of pertinent education materials oriented to varying grade levels; ``(iv) demonstrate or disseminate environmental educational tools and materials related to the Chesapeake Bay watershed; ``(v) demonstrate field methods, practices, and techniques including assessment of environmental and ecological conditions and analysis of environmental problems; and ``(vi) develop or disseminate projects designed to-- ``(I) enhance understanding and assessment of a specific environmental problem in the Chesapeake Bay watershed or of a goal of the Chesapeake Bay Program; ``(II) protect or restore living resources of the Chesapeake Bay watershed; or ``(III) educate local land use officials and decision makers on the relationship of land use to natural resource and watershed protection. ``(D) Federal share.--The Federal share of the cost of a project funded with a grant awarded under this subsection shall not exceed 75 percent of the total cost of that project. ``(f) Stock Enhancement and Habitat Restoration Program.-- ``(1) Establishment.-- ``(A) In general.--Not later than 1 year after the date of enactment of the NOAA Chesapeake Bay Watershed Monitoring, Education, Training, and Restoration Act, the Director, in cooperation with the Chesapeake Executive Council, shall establish a Chesapeake Bay watershed stock enhancement and habitat restoration program. ``(B) Purpose.--The purpose of the program established in subparagraph (A) is to support the restoration of oysters and submerged aquatic vegetation in the Chesapeake Bay. ``(2) Activities.--To carry out the purpose of the program established under paragraph (1)(A), the Director is authorized to enter into grants, contracts, and cooperative agreements with an eligible entity to support-- ``(A) the establishment of oyster hatcheries; ``(B) the establishment of submerged aquatic vegetation propagation programs; and ``(C) other activities that the Director determines are appropriate to carry out the purposes of such program. ``(g) Chesapeake Bay Aquaculture Education.--The Director is authorized to make grants and enter into contracts with an institution of higher education, including a community college, for the purpose of-- ``(1) supporting education in Chesapeake Bay aquaculture sciences and technologies; and ``(2) developing aquaculture processes and technologies to improve production, efficiency, and sustainability of disease- free oyster spat and submerged aquatic vegetation.''. SEC. 3. REPORT. Section 307(b)(7) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d(b)(7)), is amended to read as follows: ``(7) submit a biennial report to the Congress and the Secretary of Commerce with respect to the activities of the Office, including-- ``(A) a description of the progress made in protecting and restoring the living resources and habitat of the Chesapeake Bay; ``(B) a description of each grant awarded under this section since the submission of the most recent biennial report, including the amount of such grant and the activities funded with such grant; and ``(C) an action plan consisting of-- ``(i) a list of recommended research, monitoring, and data collection activities necessary to continue implementation of the strategy described in paragraph (2); and ``(ii) proposals for-- ``(I) continuing any new National Oceanic and Atmospheric Administration activities in the Chesapeake Bay; and ``(II) integration of those activities with the activities of the partners in the Chesapeake Bay Program to meet the commitments of the Chesapeake 2000 agreement and subsequent agreements.''. SEC. 4. DEFINITIONS. Subsection (h) of section 307 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d), as redesignated by section 2(1), is amended to read as follows: ``(h) Definitions.--In this section: ``(1) Chesapeake executive council.--The term `Chesapeake Executive Council' means the representatives from the Commonwealth of Virginia, the State of Maryland, the Commonwealth of Pennsylvania, the Environmental Protection Agency, the District of Columbia, and the Chesapeake Bay Commission, who are signatories to the Chesapeake Bay Agreement, and any future signatories to that Agreement. ``(2) Chesapeake 2000 agreement.--The term `Chesapeake 2000 agreement' means the agreement between the United States, Maryland, Pennsylvania, Virginia, the District of Columbia, and the Chesapeake Bay Commission entered into on June 28, 2000. ``(3) Eligible entity.--Except as provided in subsection (c), the term `eligible entity' means-- ``(A) the government of a State in the Chesapeake Bay watershed or the government of the District of Columbia; ``(B) the government of a political subdivision of a State in the Chesapeake Bay watershed, or a political subdivision of the government of the District of Columbia; ``(C) an institution of higher education, including a community college; ``(D) a nongovernmental organization in the Chesapeake Bay watershed that is described in section 501(c) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of that Code; or ``(E) a private entity that the Director determines to be appropriate.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Subsection (i) of section 307 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d), as redesignated by section 2(1), is amended to read as follows: ``(i) Authorization of Appropriations.-- ``(1) FY 2002 through 2005.--There are authorized to be appropriated to the Department of Commerce for the Chesapeake Bay Office $6,000,000 for each of the fiscal years 2002 through 2005. ``(2) FY 2006 through 2010.--There are authorized to be appropriated to the Department of Commerce for the Chesapeake Bay Office $26,000,000 for each of the fiscal years 2006 through 2010. Of the amount appropriated pursuant to such authorization of appropriations-- ``(A) for each of the fiscal years 2006 through 2010, $1,000,000 is authorized to be made available to carry out the provisions of subsection (d); ``(B) for each of the fiscal years 2006 through 2010, $6,000,000 is authorized to be made available to carry out the provisions of subsection (e); ``(C) for each of the fiscal years 2006 through 2010, $10,000,000 is authorized to be made available to carry out the provisions of subsection (f); ``(D) for each of the fiscal years 2006 through 2010, $1,000,000 to carry out the provisions of subsection (g).''.

NOAA Chesapeake Bay Watershed Monitoring, Education, Training, and Restoration Act - Requires the Director of the Chesapeake Bay Office, within the National Oceanic and Atmospheric Administration (NOAA), to establish a Chesapeake Bay Integrated Observing System. Directs the System to coordinate existing monitoring and observing activities in the Chesapeake Bay watershed, identify new data collection needs, and deploy new technologies to provide a complete set of environmental information needed to restore the health of the Chesapeake Bay. Requires the Director to establish programs for: (1) watershed education and training; and (2) watershed stock enhancement and habit restoration. Authorizes the Director to make grants and enter into contracts with an institution of higher education to support education in Chesapeake Bay aquaculture sciences and technologies, including to develop aquaculture processes and technologies to improve production of disease-free oyster spat and submerged aquatic vegetation.

A bill to amend the National Oceanic and Atmospheric Administration Authorization Act of 1992 to establish programs to enhance protection of the Chesapeake Bay, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Syria Accountability Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On September 20, 2001, President George Bush stated at a joint session of Congress that ``[e]very nation, in every region, now has a decision to make . . . [e]ither you are with us, or you are with the terrorists . . . [f]rom this day forward, any nation that continues to harbor or support terrorism will be regarded by the United States as a hostile regime''. (2) United Nations Security Council Resolution 1373 (September 28, 2001) mandates that all states ``refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts'', take ``the necessary steps to prevent the commission of terrorist acts'', and ``deny safe haven to those who finance, plan, support, or commit terrorist acts''. (3) The Government of Syria is currently prohibited by United States law from receiving United States assistance because it is listed as state sponsor of terrorism. (4) Although the Department of State lists Syria as a state sponsor of terrorism and reports that Syria provides ``safe haven and support to several terrorist groups'', fewer United States sanctions apply with respect to Syria than with respect to any other country that is listed as a state sponsor of terrorism. (5) Terrorist groups, including Hizballah, Hamas, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine-General Command maintain offices, training camps, and other facilities on Syrian territory and operate in areas of Lebanon occupied by the Syrian armed forces and receive supplies from Iran through Syria. (6) United Nations Security Council Resolution 520 (September 17, 1982) calls for ``strict respect of the sovereignty, territorial integrity, unity and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon through the Lebanese Army throughout Lebanon''. (7) More than 20,000 Syrian troops and security personnel occupy much of the sovereign territory of Lebanon exerting undue influence upon its government and undermining its political independence. (8) Since 1990 the Senate and House of Representatives have passed seven bills and resolutions which call for the withdrawal of Syrian armed forces from Lebanon. (9) Large and increasing numbers of the Lebanese people from across the political spectrum in Lebanon have mounted peaceful and democratic calls for the withdrawal of the Syrian Army from Lebanese soil. (10) Israel has withdrawn all of its armed forces from Lebanon in accordance with United Nations Security Council Resolution 425 (March 19, 1978), as certified by the United Nations Secretary General. (11) Even in the face of this United Nations certification that acknowledged Israel's full compliance with Resolution 425, Syria permits attacks by Hizballah and other militant organizations on Israeli outposts at Shebaa Farms, under the false guise that it remains Lebanese land, and is also permitting attacks on civilian targets in Israel. (12) Syria will not allow Lebanon--a sovereign country--to fulfill its obligation in accordance with Security Council Resolution 425 to deploy its troops to southern Lebanon. (13) As a result, the Israeli-Lebanese border and much of southern Lebanon is under the control of Hizballah which continues to attack Israeli positions and allows Iranian Revolutionary Guards and other militant groups to operate freely in the area, destabilizing the entire region. (14) The United States provides $40,000,000 in assistance to the Lebanese people through private nongovernmental organizations, $7,900,000 of which is provided to Lebanese- American educational institutions. (15) In the State of the Union address on January 29, 2002, President Bush declared that the United States will ``work closely with our coalition to deny terrorists and their state sponsors the materials, technology, and expertise to make and deliver weapons of mass destruction''. (16) The Government of Syria continues to develop and deploy short and medium range ballistic missiles. (17) The Government of Syria is pursuing the development and production of biological and chemical weapons. (18) United Nations Security Council Resolution 661 (August 6, 1990) and subsequent relevant resolutions restrict the sale of oil and other commodities by Iraq, except to the extent authorized by other relevant resolutions. (19) Syria, a non-permanent United Nations Security Council member, is receiving between 150,000 and 200,000 barrels of oil from Iraq in violation of Security Council Resolution 661 and subsequent relevant resolutions. (20) Syrian President Bashar Assad promised Secretary of State Powell in February 2001 to end violations of Security Council Resolution 661 but this pledge has not been fulfilled. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Government of Syria should immediately and unconditionally halt support for terrorism, permanently and openly declare its total renunciation of all forms of terrorism, and close all terrorist offices and facilities in Syria, including the offices of Hamas, Hizballah, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine-General Command; (2) the Government of Syria should immediately declare its commitment to completely withdraw its armed forces, including military, paramilitary, and security forces, from Lebanon, and set a firm timetable for such withdrawal; (3) the Government of Lebanon should deploy the Lebanese armed forces to all areas of Lebanon, including South Lebanon, in accordance with United Nations Security Council Resolution 520 (September 17, 1982), in order to assert the sovereignty of the Lebanese state over all of its territory, and should evict all terrorist and foreign forces from southern Lebanon, including Hizballah and the Iranian Revolutionary Guards; (4) the Government of Syria should halt the development and deployment of short and medium range ballistic missiles and cease the development and production of biological and chemical weapons; (5) the Government of Syria should halt illegal imports and transshipments of Iraqi oil and come into full compliance with United Nations Security Council Resolution 661 and subsequent relevant resolutions; (6) the Governments of Lebanon and Syria should enter into serious unconditional bilateral negotiations with the Government of Israel in order to realize a full and permanent peace; and (7) the United States should continue to provide humanitarian and educational assistance to the people of Lebanon only through appropriate private, nongovernmental organizations and appropriate international organizations, until such time as the Government of Lebanon asserts sovereignty and control over all of its territory and borders and achieves full political independence, as called for in United Nations Security Council Resolution 520. SEC. 4. STATEMENT OF POLICY. It should be the policy of the United States that-- (1) Syria will be held responsible for all attacks committed by Hizballah and other terrorist groups with offices or other facilities in Syria, or bases in areas of Lebanon occupied by Syria; (2) the United States will work to deny Syria the ability to support acts of international terrorism and efforts to develop or acquire weapons of mass destruction; (3) the Secretary of State will continue to list Syria as a state sponsor of terrorism until Syria ends its support for terrorism, including its support of Hizballah and other terrorist groups in Lebanon and its hosting of terrorist groups in Damascus, and comes into full compliance with United States law relating to terrorism and United Nations Security Council Resolution 1373 (September 28, 2001); (4) the full restoration of Lebanon's sovereignty, political independence, and territorial integrity is in the national security interest of the United States; (5) Syria is in violation of United Nations Security Council Resolution 520 (September 17, 1982) through its continued occupation of Lebanese territory and its encroachment upon its political independence; (6) Syria's obligation to withdraw from Lebanon is not conditioned upon progress in the Israeli-Syrian or Israeli- Lebanese peace process but derives from Syria's obligation under Security Council Resolution 520; (7) Syria's acquisition of weapons of mass destruction and ballistic missile programs threaten the security of the Middle East and the national interests of the United States; (8) Syria is in violation of United Nations Security Council Resolution 661 (August 6, 1990) and subsequent relevant resolutions through its continued purchase of oil from Iraq; and (9) the United States will not provide any assistance to Syria and will oppose multilateral assistance for Syria until Syria withdraws its armed forces from Lebanon, halts the development and deployment of weapons of mass destruction and ballistic missiles, and complies with Security Council Resolution 661 and subsequent relevant resolutions. SEC. 5. SANCTIONS. (a) Sanctions.--Until the President makes the determination that Syria meets the requirements described in paragraphs (1) through (4) of subsection (c) and certifies such determination to Congress in accordance with such subsection-- (1) the President shall prohibit the export to Syria of any item, including the issuance of a license for the export of any item on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations (15 C.F.R. part 730 et seq.); (2) the President shall prohibit United States Government assistance, including loans, credits, or other financial assistance, to United States businesses with respect to investment or other activities in Syria; (3) the President shall prohibit the conduct of programs of the Overseas Private Investment Corporation and the Trade and Development Agency in or with respect to Syria; and (4) the President shall impose two or more of the following sanctions: (A) Prohibit the export of products of the United States (other than food and medicine) to Syria. (B) Prohibit United States businesses from investing or operating in Syria. (C) Restrict Syrian diplomats in Washington, D.C., and at the United Nations in New York City, to travel only within a 25-mile radius of Washington, D.C., or the United Nations headquarters building, respectively. (D) Reduce United States diplomatic contacts with Syria (other than those contacts required to protect United States interests or carry out the purposes of this Act). (E) Block transactions in any property in which the Government of Syria has any interest, by any person, or with respect to any property, subject to the jurisdiction of the United States. (b) Waiver.--The President may waive the application of either paragraph (2) or (3) (or both) of subsection (a) if the President determines that it is in the national security interest of the United States to do so. (c) Certification.--A certification under this subsection is a certification transmitted to the appropriate congressional committees of a determination made by the President that-- (1) the Government of Syria does not provide support for international terrorist groups and does not allow terrorist groups, such as Hamas, Hizballah, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine-General Command to maintain facilities in Syria; (2) the Government of Syria has withdrawn all Syrian military, intelligence, and other security personnel from Lebanon; (3) the Government of Syria has ceased the development and deployment of ballistic missiles and has ceased the development and production of biological and chemical weapons; and (4) the Government of Syria is no longer in violation of United Nations Security Council Resolution 661 and subsequent relevant resolutions. SEC. 6. REPORT. (a) Report.--Not later than 6 months after the date of the enactment of this Act, and every 12 months thereafter until the conditions described in paragraphs (1) through (4) of section 5(c) are satisfied, the Secretary of State shall submit to the appropriate congressional committees a report on-- (1) Syria's progress toward meeting the conditions described in paragraphs (1) through (4) of section 5(c); and (2) connections, if any, between individual terrorists and terrorist groups which maintain offices, training camps, or other facilities on Syrian territory, or operate in areas of Lebanon occupied by the Syrian armed forces, and the attacks against the United States that occurred on September 11, 2001, and other terrorist attacks on the United States or its citizens, installations, or allies. (b) Form.--The report submitted under subsection (a) shall be in unclassified form but may include a classified annex. SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES. In this Act, the term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.

Syria Accountability Act of 2002 - Prohibits the President from exporting any item on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations, providing any U.S. assistance to U.S. businesses with respect to investment or other activities, or conducting Overseas Private Investment Corporation and Trade Development Agency programs in or with respect to Syria.Directs the President to impose two or more specified sanctions against Syria.Requires maintenance of such prohibition and sanctions until the President certifies that Syria meets specified requirements, including that it: (1) does not support international terrorist groups; (2) has withdrawn all of its military personnel from Lebanon: (3) has ceased the development and deployment of ballistic missiles and biological and chemical weapons; and (4) is no longer in violation of United Nations (UN) Security Council Resolution 661 and subsequent relevant resolutions.

A bill to halt Syrian support for terrorism, end its occupation of Lebanon, stop its development of weapons of mass destruction, cease its illegal importation of Iraqi oil, and by so doing hold Syria accountable for its role in the Middle East, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorist Asset Seizure Reform Act of 2016''. SEC. 2. CONFISCATION OF ASSETS. (a) Confiscation of Interest.-- (1) Initial confiscation.--As soon as practicable after the date of the enactment of this Act, but in no case later than 18 months after the date of the enactment of this Act, the Secretary shall require each financial institution to transfer to the Secretary all amounts of interest paid by such financial institution on frozen bank accounts. (2) Ongoing confiscation.--One year after the initial confiscation under paragraph (1), and annually thereafter, the Secretary shall require each financial institution to transfer to the Secretary all amounts of interest paid by such financial institution on frozen bank accounts in the previous year. (3) Interest deposited into confiscated assets fund.--The Secretary shall deposit all amounts received under this subsection into the Confiscated Assets Fund. (4) Rule of construction.--Paragraphs (1) and (2) shall only apply to interest paid on an account after the account became a frozen bank account. (b) Confiscations Related to Non-State Terrorism.-- (1) Special rule for confiscations related to non-state terrorism.-- (A) In general.--With respect to a frozen asset of a person described in subparagraph (B)-- (i) at the time such asset is frozen or otherwise blocked, or within 6 months of the date of the enactment of this Act with respect to an asset frozen or otherwise blocked before such date of enactment, the Secretary shall-- (I) publish public notice that the asset is being frozen or otherwise blocked; and (II) provide the owner of the asset and other interested parties with a 1- year period to challenge such freezing or blocking; and (ii) if such asset remains frozen or otherwise blocked after the 1-year period described under clause (i)(II), the Secretary shall require the financial institution holding the frozen asset to transfer such asset to the Secretary. (B) Covered persons.--A person described in this subparagraph is a person that is-- (i) designated as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); (ii) designated as a Specially Designated Global Terrorist by the Department of the Treasury under Executive Order 13224 (50 U.S.C. 1701); or (iii) a specially designated terrorist, as that term is defined in section 595.311 of title 31, Code of Federal Regulations (or any successor thereto). (2) Assets deposited into confiscated assets fund.--The Secretary shall-- (A) deposit all money received under this subsection into the Confiscated Assets Fund; and (B) sell any non-monetary assets received under this subsection and deposit the amounts received from such sales into the Confiscated Assets Fund. (c) Safe Harbor.--Compliance with this section and any regulation, instruction, or direction issued pursuant to this section shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, this section, or any regulation, instruction, or direction issued pursuant to this section. (d) Definitions.--For purposes of this section: (1) Financial institution.--The term ``financial institution'' has the meaning given that term under section 5312 of title 31, United States Code. (2) Foreign person.--The term ``foreign person'' has the meaning given that term under section 14 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note). (3) Frozen asset.--The term ``frozen asset''-- (A) means an asset of a foreign person or foreign country that has been frozen or otherwise blocked pursuant to sanctions under any provision of United States law, as determined by the Secretary; and (B) does not include-- (i) any asset subject to the Vienna Convention on Consular Relations (done at Vienna, April 24, 1963); or (ii) the blocked assets of a terrorist party that are subject to execution and attachment pursuant to section 201 of the Terrorism Risk Insurance Act of 2002 (28 U.S.C. 1610 note). (4) Frozen bank account.--The term ``frozen bank account'' means a deposit account maintained at a financial institution that consists of frozen assets. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 3. CONFISCATED ASSETS FUND. (a) Establishment.--The Secretary of the Treasury shall establish a fund to be known as the ``Confiscated Assets Fund''. (b) Use of Fund.--Amounts in the Confiscated Assets Fund shall be made available to the Administrator of the Federal Emergency Management Agency to provide grants under the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604). SEC. 4. REPORTS TO CONGRESS. (a) GAO Study and Report.-- (1) In general.--Not later than the end of the 6-month period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall initiate a study on how the Office of Foreign Assets Control of the Department of the Treasury can better track frozen assets, manage data relating to such frozen assets, and improve reporting to Congress regarding frozen assets across all sanctions programs administered by the Office of Foreign Assets Control. (2) Report.--Upon the completion of the study required under paragraph (1), the Comptroller General shall issue a report to the Congress and the Office of Foreign Assets Control of the Department of the Treasury containing-- (A) all findings and determinations made in carrying out the study required under paragraph (1); and (B) such recommendations that the Comptroller General may determine appropriate. (b) Secretary of the Treasury Report.-- (1) In general.--The Secretary of the Treasury, in consultation with the Attorney General, the Secretary of State, and the heads of other appropriate Federal agencies, shall issue an annual report to the Congress containing-- (A) comprehensive and detailed data regarding frozen assets across all sanctions programs administered by the Office of Foreign Assets Control, including, with respect to each sanctions program for the prior calendar year-- (i) tables that show changes in frozen assets totals; (ii) the total amount of frozen assets; (iii) the total amount of frozen assets that were unblocked; (iv) how many licenses were issued; (v) how many names were added to each list of sanctioned persons; and (vi) how many names were removed from each list of sanctioned persons; and (B) a detailed justification for each removal of a name from a list of sanctioned persons under each sanctions program for the prior calendar year. (2) Classified annexes.--A report issued under paragraph (1) may contain a classified annex when necessary. (3) Consideration of gao study.--Before issuing a report under paragraph (1), the Secretary of the Treasury shall review any recommendations made by the Comptroller General in the report issued under subsection (a)(2) and include in such report any plans for addressing such recommendations. (c) Definition.--In this section, the term ``frozen asset'' has the meaning given that term in section 2(d) of this Act.

Terrorist Asset Seizure Reform Act of 2016 This bill directs the Department of the Treasury to require each financial institution to transfer annually to it all amounts of interest it has paid on certain frozen bank accounts, which shall be deposited into the Confiscated Assets Fund establish by this bill. With respect to certain frozen assets of a foreign terrorist organization or a specially designated terrorist, including a Specially Designated Global Terrorist, at the time an asset is frozen or otherwise blocked (or within six months of enactment of this bill for an asset already frozen or blocked) Treasury shall: publish a public notice that the asset is being frozen or otherwise blocked, and give the owner of the asset and other interested parties one year to challenge such freezing or blocking. If the asset remains frozen or otherwise blocked after a year, Treasury shall require the financial institution holding the frozen asset to transfer it to Treasury. Treasury shall: deposit all money received under such asset confiscation requirements into the Confiscated Assets Fund, and sell any non-monetary assets received under the bill and deposit the proceeds into the Fund. Treasury shall establish the Confiscated Assets Fund, which shall be made available to the Federal Emergency Management Agency (FEMA) to make grants under the Urban Area Security Initiative (for assisting high-risk urban areas in preventing, preparing for, protecting against, and responding to acts of terrorism). The Government Accountability Office shall study how Treasury's Office of Foreign Assets Control can better track frozen assets, manage data related to them, and improve reporting to Congress about them across all sanctions programs the Office of Foreign Assets Control administers.

Terrorist Asset Seizure Reform Act of 2016

SECTION 1. EXEMPTION FOR CERTAIN DIVIDENDS PAID BY REGULATED INVESTMENT COMPANIES TO NONRESIDENT ALIENS EXPANDED AND MADE PERMANENT. (a) Expansion of Exemption for Interest-Related Dividends.-- (1) In general.--Subparagraph (E) of section 871(k)(1) of the Internal Revenue Code of 1986 is amended by striking clauses (iii) and (iv) and inserting the following new clauses: ``(iii) Any amount referred to in subsection (i)(2)(A) (without regard to the trade or business of the regulated investment company) or in subsection (i)(2)(B). ``(iv) Any interest which is exempt from tax under section 103 or any other provision of law without regard to the identity of the holder. ``(v) Any other amount includible in gross income that is determined by reference to an interest rate and that would not be subject to withholding under section 1441 if received by a nonresident alien individual. ``(vi) Any amount includible in gross income from sources without the United States. ``(vii) Any qualified income-related dividend includible in gross income with respect to stock of another regulated investment company.''. (2) Modification of exceptions.--Clause (i) of section 871(k)(1)(B) of such Code is amended by striking ``interest (other than interest described in subparagraph (E)(i) or (iii))'' and inserting ``interest described in subparagraph (E)(ii) (and not described in subparagraph (E) (i), (iii), or (iv))''. (3) Conforming amendments.-- (A) Paragraph (1) of section 871(k) of such Code is amended-- (i) by striking ``interest-related dividend'' each place it appears in the text and inserting ``qualified income-related dividend'', (ii) by striking ``qualified net interest income'' each place it appears in the text and inserting ``qualified net income'', (iii) by striking ``qualified interest income'' each place it appears in the text and inserting ``qualified income'', (iv) by striking ``Interest-related dividends'' in the heading thereof and inserting ``Qualified income-related dividends'', (v) by striking ``Interest related dividend'' in the heading of subparagraph (C) and inserting ``Qualified income-related dividend'', (vi) by striking ``Qualified net interest income'' in the heading of subparagraph (D) and inserting ``Qualified net income'', and (vii) by striking ``Qualified interest income'' in the heading of subparagraph (E) and inserting ``Qualified income''. (B) Paragraph (1) of section 881(e) of such Code is amended-- (i) by striking ``interest-related dividend'' each place it appears in subparagraphs (A) and (B) and inserting ``qualified income-related dividend'', (ii) by striking ``interest received'' in subparagraph (B)(ii) and inserting ``interest described in clause (ii) of section 871(k)(1)(E) (and not described in clause (i), (iii), or (iv) of such section) received'', (iii) by striking ``interest-related dividend received'' in subparagraph (C) and inserting ``qualified income-related dividend received from a regulated investment company'', (iv) by striking ``clause (i) or (iii)'' in subparagraph (C) and inserting ``clause (i), (iii), or (iv)'', and (v) by striking ``Interest-related dividends'' in the heading thereof and inserting ``Qualified income-related dividends''. (b) Effective Date.--The amendments made by this section shall apply to dividends with respect to taxable years of regulated investment companies beginning after December 31, 2015.

This bill amends the Internal Revenue Code, with respect to the tax on nonresident alien individuals, to expand the categories of interest-related dividends for which a tax exemption is allowed.

To amend the Internal Revenue Code of 1986 to expand rules related to investment by nonresident aliens in domestic mutual funds and business development companies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Back to Work Act of 2012''. SEC. 2. EXTENSION AND IMPROVEMENT OF WORK OPPORTUNITY TAX CREDIT FOR VETERANS. (a) Extension of Credit for Veterans.--Clause (i) of section 51(c)(4)(B) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (b) Election To Claim Credit as Exemption From Employment Taxes.-- (1) In general.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Special Exemption for Certain Veterans.-- ``(1) In general.--Subsection (a) shall not apply to wages paid by a qualified employer with respect to employment during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2013, of any specified veteran for services performed-- ``(A) in a trade or business of such qualified employer, or ``(B) in the case of a qualified employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501. ``(2) Limitation.--With respect to any specified veteran employed by a qualified employer, the amount of wages to which paragraph (1) applies shall not exceed-- ``(A) $125,490 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(ii)(II), ``(B) $73,203 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(iv), ``(C) $62,745 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(ii)(I), and ``(D) $31,373 in the case of any other qualified veteran. ``(3) Qualified employer.--For purposes of this subsection-- ``(A) In general.--The term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. ``(B) Treatment of employees of post-secondary educational institutions.--Notwithstanding subparagraph (A), the term `qualified employer' includes any employer which is a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965). ``(4) Specified veteran.--For purposes of this subsection-- ``(A) In general.--The term `specified veteran' means any individual who-- ``(i) begins employment with a qualified employer after the date of the enactment of this subsection, and before January 1, 2014, ``(ii) certifies by signed affidavit, under penalties of perjury, that such individual is a qualified veteran and whether such individual is a qualified veteran described in subparagraph (A), (B), or (C) of paragraph (2), ``(iii) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(iv) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(B) Qualified veteran.--The term `qualified veteran' has the meaning given such term by section 51(d)(3), but applied without regard to whether such individual has been certified by the designated local agency. ``(5) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (2) Coordination with work opportunity credit.--Section 51(c) of such Code is amended by adding at the end the following new paragraph: ``(6) Coordination with payroll tax exemption for qualified veterans.--The credit determined under this section with respect to any qualified veteran for any taxable year shall be reduced by an amount equal to 7.65 percent of the qualified first-year wages paid or incurred by the taxpayer to such veteran during such taxable year to which section 3111(e) applied.''. (3) Transfers to federal old-age and survivors insurance trust fund.--There are hereby appropriated to the Federal Old- Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by paragraph (1). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (4) Application to railroad retirement taxes.-- (A) In general.--Section 3221 of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Special Exemption for Certain Veterans.-- ``(1) In general.--In the case of compensation paid by a qualified employer during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2013, with respect to having a specified veteran in the employer's employ for services rendered to such qualified employer, the applicable percentage under subsection (a) shall be equal to the rate of tax in effect under section 3111(b) for the calendar year. ``(2) Limitation.--With respect to any specified veteran employed by a qualified employer, the amount of compensation to which paragraph (1) applies shall not exceed-- ``(A) $125,490 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(ii)(II), ``(B) $73,203 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(iv), ``(C) $62,745 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(ii)(I), and ``(D) $31,373 in the case of any other qualified veteran. ``(3) Qualified employer.--The term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. ``(4) Specified veteran.--For purposes of this subsection-- ``(A) In general.--The term `specified veteran' means any individual who-- ``(i) begins employment with a qualified employer after the date of the enactment of this subsection, and before January 1, 2014, ``(ii) certifies by signed affidavit, under penalties of perjury, that such individual is a qualified veteran and whether such individual is a qualified veteran described in subparagraph (A), (B), or (C) of paragraph (2), ``(iii) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(iv) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(B) Qualified veteran.--The term `qualified veteran' has the meaning given such term by section 51(d)(3), but applied without regard to whether such individual has been certified by the designated local agency. ``(5) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (B) Transfers to social security equivalent benefit account.--There are hereby appropriated to the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subparagraph (A). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Account had such amendments not been enacted. (c) Effective Date.--The amendments made by this section shall apply to amounts paid after the date of the enactment of this Act.

Veterans Back to Work Act of 2012 - Amends the Internal Revenue Code to: (1) extend through 2013 the work opportunity tax credit for hiring qualified veterans (veterans receiving compensation for a service-connected disability and other federal assistance), and (2) allow employers who hire qualified veterans an exemption through 2013 from employment and railroad retirement taxes. Appropriates amounts to the Social Security Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund to cover any revenue loss to such Funds resulting from this Act.

To amend the Internal Revenue Code of 1986 to extend the work opportunity tax credit for veterans and to allow an exemption from an employer's employment taxes in an amount equivalent to the value of such credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs Friendly America Act''. SEC. 2. ACCELERATED DEPRECIATION FOR EQUIPMENT USED TO MANUFACTURE OR DEVELOP PRODUCTS IN THE UNITED STATES. (a) In General.--Subparagraph (A) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of property) is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) any tool of production of a qualifying corporation (as defined in subsection (i)(14)) used by such corporation to manufacture or develop products in the United States.'' (b) Qualifying Corporation.--Subsection (i) of section 168 of such Code is amended by adding at the end the following new paragraph: ``(14) Qualifying corporation.-- ``(A) In general.--The term `qualifying corporation' means any corporation having a majority of its manufacturing equipment in the United States. ``(B) Controlled groups.--For purposes of subparagraph (A), all corporations which are members of the same controlled group of corporations shall be treated as 1 corporation. For purposes of the preceding sentence, the term `controlled group of corporations' has the meaning given such term by section 1563(a); except that-- ``(i) `more than 10 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and ``(ii) section 1563(b)(2) shall be applied without regard to subparagraph (C) thereof.'' (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 1993. SEC. 3. REDUCTION IN CORPORATE CAPITAL GAINS RATE. (a) General Rule.--Section 1201 of the Internal Revenue Code of 1986 (relating to alternative tax for corporations) is amended by redesignating subsection (b) as subsection (c), and by striking subsection (a) and inserting the following: ``(a) General Rule.--If for any taxable year a qualifying corporation (as defined in section 168(i)(14)) has a net capital gain, then, in lieu of the tax imposed by section 11, 511, or 831(a) (whichever applies), there is hereby imposed a tax (if such tax is less than the tax imposed by such section) which shall consist of the sum of-- ``(1) a tax computed on the taxable income reduced by the net capital gain, at the same rates and in the same manner as if this subsection had not been enacted, plus ``(2) a tax of 15 percent of the net capital gain. ``(b) Transitional Rule.--In the case of a taxable year which includes the date of the enactment of this paragraph, the amount of the net capital gain for purposes of subsection (a) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year after such date.'' (b) Technical Amendments.-- (1) Clause (iii) of section 852(b)(3)(D) of such Code is amended by striking ``65 percent'' and inserting ``85 percent''. (2) Paragraphs (1) and (2) of section 1445(e) of such Code are each amended by striking ``35 percent'' and inserting ``15 percent''. (c) Effective Date.--The amendments made by this section shall apply to sales and exchanges occurring after the date of the enactment of this Act in taxable years ending after such date. SEC. 4. REDUCTION IN INDIVIDUAL CAPITAL GAINS RATE. (a) General Rule.--Subsection (h) of section 1 of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended to read as follows: ``(h) Maximum Capital Gains Rate.-- ``(1) In general.--If a taxpayer has a net capital gain for any taxable year, then the tax imposed by this section shall not exceed the sum of-- ``(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on the taxable income reduced by the net capital gain, plus ``(B) a tax equal to the sum of-- ``(i) 7.5 percent of so much of the net capital gain as does not exceed-- ``(I) the maximum amount of taxable income to which the 15-percent rate applies under the table applicable to the taxpayer, reduced by ``(II) the taxable income to which subparagraph (A) applies, plus ``(ii) 15 percent of the net capital gain in excess of the net capital gain to which clause (i) applies. ``(2) Transitional rule.--In the case of a taxable year which includes the date of the enactment of this paragraph, the amount of the net capital gain for purposes of paragraph (1) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year after such date.'' (b) Technical Amendments.-- (1) Paragraph (1) of section 170(e) of such Code is amended by striking ``the amount of gain'' in the material following subparagraph (B)(ii) and inserting ``13/28 (19/34 in the case of a corporation) of the amount of gain''. (2)(A) The second sentence of section 7518(g)(6)(A) of such Code is amended by striking ``28 percent (34 percent in the case of a corporation)'' and inserting ``15 percent''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936, is amended by striking ``28 percent (34 percent in the case of a corporation)'' and inserting ``15 percent''. (c) Effective Date.--The amendments made by this section shall apply to sales and exchanges occurring after the date of the enactment of this Act in taxable years ending after such date. SEC. 5. REPEAL OF DEFERRAL ON FOREIGN EARNINGS. (a) In General.--Subparagraph (A) of section 956A(c)(1) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) the average of the amounts of-- ``(i) passive assets, and ``(ii) post-1993 foreign investments, held by such corporation as of the close of each quarter of such taxable year, over.'' (b) Post-1993 Foreign Investment.--Subsection (c) of section 956A of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Post-1993 foreign investment.--For purposes of this subsection, the term `post-1993 foreign investment' means any asset (other than United States property as defined in section 956) acquired by the controlled foreign corporation after December 31, 1993.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years of controlled foreign corporations ending after December 31, 1993.

Jobs Friendly America Act - Amends the Internal Revenue Code to allow accelerated depreciation for equipment used by any corporation having a majority of its manufacturing equipment in the United States. Reduces corporate and individual capital gains rates. Repeals the deferral on earnings of controlled foreign corporations invested in excess passive assets.

Jobs Friendly America Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National MS Disease Registry Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Multiple sclerosis (referred to in this section as ``MS'') is a progressive, disabling disease that affects the brain and the spinal cord causing loss of myelin, damage to axons, and cerebral atrophy. (2) MS is a prime-of-life disease with an average age of onset at 30 to 35 years of age. (3) The causes of MS are not well understood. (4) There is no known cure for MS. (5) There are several drugs currently approved by the Food and Drug Administration for the treatment of MS, which have shown modest success in reducing relapses, slowing progression of disability, and limiting the accumulation of brain lesions. (6) More than 10,000 individuals in the United States are diagnosed with MS annually, and it is thought that more than 400,000 individuals in the United States have MS. (7) Studies have found relationships between MS and environmental and genetic factors, but those relationships are not well understood. (8) Several small and uncoordinated MS registries and databases exist in the United States and throughout the world. (9) A single national system to collect and store information on the incidence and prevalence of MS in the United States does not exist. (10) The Agency for Toxic Substances and Disease Registry has established a series of small pilot studies, beginning in fiscal year 2006, to evaluate the feasibility of various methodologies that might be used to create a MS surveillance system at the national level. (11) The establishment of a national surveillance system will help-- (A) to identify the incidence and prevalence of MS in the United States; (B) to collect data important to the study of MS; (C) to produce epidemiologically sound data that can be used to compare with MS cluster information, data sets of the Department of Veterans Affairs data sets, and other information; (D) to promote a better understanding of MS; (E) to better understand public and private resource impact; (F) to collect information that is important for research into genetic and environmental risk factors for MS; (G) to enhance biomedical and clinical research by providing a basis for population comparisons; and (H) to enhance efforts to find treatments and a cure for MS. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399R. MULTIPLE SCLEROSIS NATIONAL SURVEILLANCE SYSTEM. ``(a) Establishment.-- ``(1) In general.--Not later than 1 year after the receipt of the report described in subsection (b)(3), the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry and in consultation with a national voluntary health organization with experience serving the population of individuals with multiple sclerosis (referred to in this section as `MS'), shall-- ``(A) develop a system to collect data on MS including information with respect to the incidence and prevalence of the disease in the United States; and ``(B) establish a national surveillance system for the collection and storage of such data to include a population-based registry of cases of MS in the United States. ``(2) Purpose.--It is the purpose of the registry established under paragraph (1)(B) to gather available data concerning-- ``(A) MS, including the incidence and prevalence of MS in the United States; ``(B) the age, race or ethnicity, gender, and family history of individuals who are diagnosed with the disease; and ``(C) other matters as recommended by the Advisory Committee established pursuant to subsection (b). ``(b) Advisory Committee.-- ``(1) Establishment.--Not later than 180 days after the date of the enactment of this section, the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry shall establish a committee to be known as the Advisory Committee on the MS National Surveillance System (referred to in this section as the `Advisory Committee'). The Advisory Committee shall be composed of at least one member, to be appointed by the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry, representing each of the following: ``(A) National voluntary health associations that focus solely on MS and have demonstrated experience in MS research, care, or patient services. ``(B) The National Institutes of Health, to include, upon the recommendation of the Director of the National Institutes of Health, representatives from the National Institute of Neurological Disorders and Stroke, the National Institute of Environmental Health Sciences, and the National Institute of Allergy and Infectious Diseases. ``(C) The Department of Veterans Affairs. ``(D) The Department of Defense. ``(E) The Agency for Toxic Substances and Disease Registry. ``(F) The Centers for Disease Control and Prevention. ``(G) Patients with MS or their family members. ``(H) Clinicians with expertise on MS and related diseases. ``(I) Epidemiologists with experience in data registries. ``(J) Geneticists or experts in genetics who have experience with the genetics of MS. ``(K) Statisticians. ``(L) Ethicists. ``(M) Attorneys. ``(N) Other individuals, organizations, or agencies with an interest in developing and maintaining the MS National Surveillance System. ``(2) Duties.--The Advisory Committee shall review information and make recommendations to the Secretary concerning-- ``(A) the development and maintenance of the MS National Surveillance System; ``(B) the type of information to be collected and stored in the System; ``(C) the manner in which such data is to be collected; and ``(D) the use and availability of such data including guidelines for such use. ``(3) Report.--Not later than 1 year after the date on which the Advisory Committee is established, the Advisory Committee shall submit a report concerning the review conducted under paragraph (2) that contains the recommendations of the Advisory Committee with respect to the results of such review. ``(c) Grants.--Notwithstanding the recommendations of the Advisory Committee under subsection (b), the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry, may award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the collection, analysis, and reporting of data on MS. ``(d) Coordination With State, Local, and Federal Registries.-- ``(1) In general.--In establishing the MS National Surveillance System under subsection (a), the Secretary, acting through the Director of the Agency for Toxic Substances and Disease Registry, shall-- ``(A) identify, build upon, expand, and coordinate existing data and surveillance systems, surveys, registries, and other Federal public health and environmental infrastructure wherever possible, including-- ``(i) the 2 MS surveillance pilot studies initiated in fiscal year 2006 by the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry; ``(ii) the MS database of the Department of Veterans Affairs; ``(iii) current MS registries, including the New York State MS Registry and the North American Research Committee on MS (NARCOMS) Registry; and ``(iv) any other existing or relevant databases that collect or maintain information on neurological diseases identified by researchers or recommended by the Advisory Committee established in subsection (b); and ``(B) provide for research access to MS data as recommended by the Advisory Committee established pursuant to subsection (b) to the extent permitted by applicable statutes and regulations and in a manner that protects personal privacy consistent with applicable privacy statutes and regulations. ``(2) Coordination with other federal agencies.-- Notwithstanding the recommendations of the Advisory Committee established pursuant to subsection (b), and consistent with applicable privacy statutes and regulations, the Secretary shall ensure that epidemiological and other types of information obtained under subsection (a) are made available to agencies such as the National Institutes of Health, the Department of Veterans Affairs, and the Department of Defense. ``(e) Definition.--For the purposes of this section, the term `national voluntary health association' means a national nonprofit organization with chapters or other affiliated organizations in States throughout the United States. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2009 through 2013.''.

National MS Disease Registry Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Agency for Toxic Substances and Disease Registry, to: (1) develop a system to collect data on multiple sclerosis (MS); and (2) establish a national surveillance system for the collection and storage of such data, including a population-based registry of U.S. cases of MS. Requires the Secretary to establish the Advisory Committee on the MS National Surveillance System. Allows the Secretary to award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the collection, analysis, and reporting of data on MS. Requires the Secretary to: (1) identify, build upon, expand, and coordinate existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure wherever possible; and (2) provide for research access to MS data. Requires the Secretary to ensure that epidemiological and other types of information collected are made available to agencies such as the National Institutes of Health (NIH), the Department of Veterans Affairs (VA), and the Department of Defense (DOD).

To amend the Public Health Service Act to provide for the establishment of a permanent Multiple Sclerosis National Surveillance System.

SECTION 1. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION HIGHWAY SAFETY PROGRAMS. (a) Chapter 4 Highway Safety Programs.--Section 2001(a)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Pub. L. 109-59; 119 Stat. 1519) is amended-- (1) by striking ``and''; and (2) by striking ``2009.'' and inserting ``2009, $235,000,000 for fiscal year 2010, and $117,500,000 for the period from October 1, 2010, through March 31, 2011.''. (b) Highway Safety Research and Development.--Section 2001(a)(2) of such Act (Pub. L. 109-59; 119 Stat. 1519) is amended-- (1) by striking ``and''; and (2) by striking ``2009.'' and inserting ``2009, $107,329,000 for fiscal year 2010, and $54,122,201 for for the period from October 1, 2010, through March 31, 2011.''. (c) Occupant Protection Incentive Grants.-- (1) Extension of program.--Section 405 of title 23, United States Code, is amended-- (A) by striking ``6'' in subsection (a)(3) and inserting ``8''; and (B) by striking ``fifth and sixth'' in subsection (a)(4)(C) and inserting ``fifth, sixth, seventh, and eighth''. (2) Authorization of appropriations.--Section 2001(a)(3) of such Act (Pub. L. 109-59; 119 Stat. 1519) is amended-- (A) by striking ``and''; and (B) by striking ``2009.'' and inserting ``2009, $25,000,000 for fiscal year 2010, and $12,500,000 for the period from October 1, 2010, through March 31, 2011.''. (d) Safety Belt Performance Grants.-- (1) Extension of program.--Section 406 of title 23, United States Code, is amended-- (A) by striking ``2009'' in subsection (c)(1) and inserting ``2011''; and (B) by striking ``July 1, 2009,'' in subsection (d)(1) and inserting ``July 1, 2009, July 1, 2010, and March 1, 2011,''. (2) Authorization of appropriations.--Section 2001(a)(4) of such Act (Pub. L. 109-59; 119 Stat. 1519) is amended-- (A) by striking ``and''; and (B) by striking ``2009.'' and inserting ``2009, $124,500,000 for fiscal year 2010, and $62,250,000 for the period from October 1, 2010, through March 31, 2011.''. (e) State Traffic Safety Information System Improvements.--Section 2001(a)(5) of such Act (Pub. L. 109-59; 119 Stat. 1519) is amended-- (1) by striking ``and''; and (2) by striking ``2009.'' and inserting ``2009, $34,500,000 for fiscal year 2010, and $17,250,000 for the period from October 1, 2010, through March 31, 2011.''. (f) Alcohol-Impaired Driving Countermeasures Incentive Grant Program.-- (1) Extension of program.--Section 410 of title 23, United States Code, is amended-- (A) by striking ``fifth, sixth,, seventh, and eighth'' in subsection (a)(3)(C) and inserting ``fifth through tenth''; and (B) by striking ``2008 and 2009'' in subsection (b)(2)(C) and inserting ``2008, 2009, 2010, and 2011''. (2) Authorization of appropriations.--Section 2001(a)(6) of such Act (Pub. L. 109-59; 119 Stat. 1519) is amended-- (A) by striking ``and''; and (B) by striking ``2009.'' and inserting ``2009, $139,000,000 for fiscal year 2010, and $69,500,000 for the period from October 1, 2010, through March 31, 2011.''. (g) National Driver Register.--Section 2001(a)(7) of such Act (Pub. L. 109-59; 119 Stat. 1520) is amended-- (1) by striking ``and''; and (2) by striking ``2009.'' and inserting ``2009, $4,078,000 for fiscal year 2010, and $2,058,537 for the period from October 1, 2010, through March 31, 2011.''. (h) High Visibility Enforcement Program.-- (1) Extension of program.--Section 2009(a) of such Act (23 U.S.C. 402 note) is amended by striking ``2009.'' and inserting ``2011.''. (2) Authorization of appropriations.--Section 2001(a)(8) of such Act (Pub. L. 109-59; 119 Stat. 1520) is amended-- (A) by striking ``and''; and (B) by striking ``2009.'' and inserting ``2009, $29,000,000 for fiscal year 2010, and $14,500,000 for the period from October 1, 2010, through March 31, 2011.''. (i) Motorcyclist Safety.-- (1) Extension of program.--Section 2010(d)(1)(B) of such Act (23 U.S.C. 402 note) is amended by striking ``and fourth'' and inserting ``fourth, fifth, and sixth''. (2) Authorization of appropriations.--Section 2001(a)(9) of such Act (Pub. L. 109-59; 119 Stat. 1520) is amended-- (A) by striking ``and''; and (B) by striking ``2009.'' and inserting ``2009, $7,000,000 for fiscal year 2010, and $3,500,000 for the period from October 1, 2010, through March 31, 2011.''. (j) Child Safety and Child Booster Seat Safety Incentive Grants.-- (1) Extension of program.--Section 2011(c)(2) of such Act (23 U.S.C. 405 note) is amended by striking ``fourth'' and inserting ``fourth, fifth, and sixth''. (2) Authorization of appropriations.--Section 2001(a)(10) of such Act (Pub. L. 109-59; 119 Stat. 1520) is amended-- (A) by striking ``and''; and (B) by striking ``2009.'' and inserting ``2009, $7,000,000 for fiscal year 2010, and $3,500,000 for the period from October 1, 2010, through March 31, 2011.''. (k) Administrative Expenses.--Section 2001(a)(11) of such Act (Pub. L. 109-59; 119 Stat. 1520) is amended-- (1) by striking ``and'' the last place it appears; and (2) by striking ``2009.'' and inserting ``2009, $25,047,000 for fiscal year 2010, and $12,664,206 for the period from October 1, 2010, through March 31, 2011.''. (l) Applicability of Title 23.--Section 2001(c) of such Act (Pub. L. 109-59; 119 Stat. 1520) is amended by striking ``2009'' and inserting ``2011''. (m) Drug-Impaired Driving Enforcement.--Section 2013(f) of such Act (23 U.S.C. 403 note) is amended by striking ``2009,'' and inserting ``2011,''. (n) Older Driver Safety; Law Enforcement Training.--Section 2017 of such Act (23 U.S.C. 402 note) is amended-- (1) by striking ``2009'' in subsection (a)(1) and inserting ``2011''; and (2) by striking ``2009'' in subsection (b)(2) and inserting ``2011''. SEC. 2. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PROGRAM. (a) Motor Carrier Safety Grants.--Section 31104(a) of title 49, United States Code, is amended-- (1) by striking ``and'' in paragraph (4); (2) by striking ``2009.'' in paragraph (5) and inserting ``2009;''; and (3) by adding at the end thereof the following: ``(6) $209,000,000 for fiscal year 2010; and ``(7) $104,500,000 for the period from October 1, 2010, through March 31, 2011.''. (b) Administrative Expenses.--Section 31104(i)(1) of title 49, United States Code, is amended-- (1) by striking ``and'' in subparagraph (D); (2) by striking ``2009.'' in subparagraph (E) and inserting ``2009;''; and (3) by adding at the end thereof the following: ``(F) $239,828,000 for fiscal year 2010; and ``(G) $121,076,000 for the period from October 1, 2010, through March 31, 2011.''. (c) Grant Programs.--Section 4101(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Pub. L. 109-59, 119 Stat.1715) is amended-- (1) by striking ``2009.'' in paragraph (1) and inserting ``2009, $25,000,000 for fiscal year 2010, and $12,500,000 for the period from October 1, 2010, through March 31, 2011.''; (2) by striking ``2009.'' in paragraph (2) and inserting ``2009, $32,000,000 for fiscal year 2010, and $16,000,000 for the period from October 1, 2010, through March 31, 2011.''; (3) by striking ``2009.'' in paragraph (3) and inserting ``2009, $5,000,000 for fiscal year 2010, and $2,500,000 for the period from October 1, 2010, through March 31, 2011.''; (4) by striking ``2009.'' in paragraph (4) and inserting ``2009, $25,000,000 for fiscal year 2010, and $12,500,000 for the period from October 1, 2010, through March 31, 2011.''; and (5) by striking ``2009.'' in paragraph (5) and inserting ``2009, $3,000,000 for fiscal year 2010, and $1,500,000 for the period from October 1, 2010, through March 31, 2011.''. (d) High Priority Activities.--Section 31104(k)(2) of title 49, United States Code, is amended by striking ``2009'' and inserting ``2009, $15,000,000 for fiscal year 2010, and $7,500,000 for the period from October 1, 2010, through March 31, 2011,''. (e) New Entrant Audits.--Section 31144(g)(5)(B) of title 49, United States Code, is amended by inserting ``(up to $14,500,000 for the period from October 1, 2010, through March 31, 2011)'' after ``fiscal year''. (f) Commercial Driver's License Information System Modernization.-- Section 4123(d) of such Act (Pub. L. 109-59, 119 Stat.1736) is amended-- (1) by striking ``and'' in paragraph (3); (2) by striking ``2009.'' in paragraph (4) and inserting ``2009;''; and (3) by adding at the end thereof the following: ``(5) $8,000,000 for fiscal year 2010; and ``(6) $4,000,000 for the period from October 1, 2010, through March 31, 2011.''. (g) Outreach and Education.--Section 4127(e) of such Act (Pub. L. 109-59, 119 Stat.1741) is amended by striking ``and 2009'' and inserting ``2009, and 2010, and $500,000 to the Federal Motor Carrier Safety Administration, and $1,500,000 to the National Highway Traffic Safety Administration for the period from October 1, 2010, through March 31, 2011,''. (h) Grant Program for Commercial Motor Vehicle Operators.--Section 4134(c) of such Act (Pub. L. 109-59, 119 Stat.1744) is amended by striking ``2009'' and inserting ``2010, and $500,000 for the period from October 1, 2010, through March 31, 2011,''. (i) Motor Carrier Safety Advisory Committee.--Section 4144(d) of such Act (Pub. L. 109-59, 119 Stat.1748) is amended by striking ``September 30, 2010.'' and inserting ``March 31, 2011.''. (j) Working Group for Development of Practices and Procedures To Enhance Federal-State Relations.--Section 4213(d) of such Act (49 U.S.C. 14710 note)) is amended by striking ``September 30, 2009.'' and inserting ``March 31, 2011.''. SEC. 3. ADDITIONAL EXTENSIONS. (a) Hazardous Materials Research Projects.--Section 7131(c) of such Act (Pub. L. 109-59; 119 Stat. 1910) is amended by striking ``through 2009'' and inserting ``through 2010, and $625,000 for the period October 1, 2010, through March 31, 2011,''. (b) Dingell Johnson Sport Fish Restoration Act.--Section 4(c) of the Dingell Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended-- (1) by inserting ``fiscal year 2010, and the period from October 1, 2010, through March 31, 2011,'' in subsection (a) after ``2009,''; and (2) by inserting ``fiscal year 2010, and the period from October 1, 2010, through March 31, 2011,'' in subsection (b)(1)(A) after ``2009,''.

Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to extend through FY2010 and the period October 1, 2010-March 31, 2011, the authorization of appropriations funded by the Highway Trust Fund (HTF) (other than the Mass Transit Account) for National Highway Traffic Safety Administration (NHTSA) highway safety programs, including: (1) highway safety research and development; (2) the occupant protection incentive grants program; (3) the safety belt performance grants program; (4) state traffic safety information system improvements; (5) the alcohol-impaired driving countermeasures incentive grant program; (6) the National Driver Register; (7) the high visibility enforcement program; (8) the motorcyclist safety program; (9) the child safety and child booster seat safety incentive grants program; and (10) NHTSA administrative expenses. Extends funding through FY2011 for: (1) drug-impaired driving enforcement; and (2) programs to improve older driver safety and provide law enforcement training. Extends through FY2010 and the period October 1, 2010-March 31, 2011, the authorization of appropriations funded by the HTF (other than the Mass Transit Account) for Federal Motor Carrier Safety Administration (FMCSA) motor carrier safety programs, including: (1) the motor carrier safety grants program; (2) FMCSA administrative expenses; (3) a set-aside for high priority activities and projects that improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations; (4) a set-aside for new entrant motor carrier audits; (5) state commercial driver's license information system modernization; (6) a motor safety outreach and education program; and (7) a grant program to train commercial motor vehicle operators in the safe use of commercial vehicles. Extends through March 31, 2011: (1) the motor carrier safety advisory committee; and (2) the working group for development of practices and procedures to enhance federal-state relations. Extends through FY2010 and the period October 1, 2010-March 31, 2011, the funding for hazardous materials research projects. Amends the Dingell Johnson Sport Fish Restoration Act to extend through FY2010 and the period October 1, 2010-March 31, 2011, the current requirements for distribution of appropriations for fish restoration and management projects.

An original bill to extend National Highway Traffic Safety Administration and Federal Motor Carrier Safety Administration authorizations funded by the Highway Trust Fund, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bring Our Children Home Act''. SEC. 2. JURISDICTION OVER COMPETING STATE CUSTODY ORDERS. Section 1738A of title 28, United States Code, is amended by adding at the end the following: ``(i) If a court of 1 State makes a child custody determination in accordance with subsection (c) and if that determination is in conflict with a determination made by another State in accordance with subsection (c), a contestant for whom such a determination was made may bring an action in the district court of the United States the district of which includes the resident of such contestant to determine, on the basis of the best interests of the child involved, which determination shall prevail.''. SEC. 3. NATIONAL REGISTRY OF CUSTODY ORDERS. (a) In General.--The Attorney General shall establish a national child custody and visitation registry in which shall be entered-- (1) certified copies of custody and visitation determinations made by courts throughout the United States (and foreign custody orders concerning children temporarily or permanently resident in the United States); (2) information identifying pending proceedings in courts throughout the United States for initial, modification, or enforcement orders; and (3) information identifying proceedings filed in any court in the United States pursuant to the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act, and resulting orders. (b) Cooperation.--The Attorney General shall seek the cooperation of Federal and State courts in each State, and the District of Columbia, in providing relevant information to the registry on an ongoing basis. The Attorney General shall provide such financial and technical assistance as necessary. (c) Access.--The registry shall be accessible to courts, law enforcement officials, custody contestants, and their legal representatives. SEC. 4. DETENTION OF CHILDREN LISTED AS MISSING. Law enforcement officers of any State or local government may hold, for not more than 24 hours or until a disposition can be made, any child listed under any category of the Missing Person File by the National Crime Information Center for the proper disposition of the child in accordance with the latest valid custody determination applicable to the child. SEC. 5. INTERNATIONAL CHILD ABDUCTION REMEDIES. (a) Legal Assistance for Victims of Parental Kidnapping.--Section 7 of the International Child Abduction Remedies Act (42 U.S.C. 11606) is amended by adding at the end the following: ``(f) Legal Assistance for Victims of Parental Kidnapping Grants.-- ``(1) Funding to legal services providers.--The Central Authority shall establish a program to provide funding to legal services providers, including private attorneys, public officials acting pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, legal aid programs, and law school clinical programs, to provide direct legal or advocacy services on behalf of persons seeking remedies under the Convention, or other civil or criminal remedies in interstate or international parental kidnapping cases. ``(2) Training and technical assistance.--The Central Authority, directly or through grants, shall provide training and technical assistance to recipients of funds under paragraph (1) to improve their capacity to offer legal assistance described in paragraph (1).''. (b) Legal Services Corporation.--The Legal Services Corporation may use funds made available to the Corporation for programs to represent aliens in proceedings brought in the United States under the Convention-- (1) if the individuals to whom the representation is provided otherwise meet the criteria of the Corporation for eligible clients under the Legal Services Corporation Act; and (2) whether or not such individuals are resident in the United States. (c) Exemption From Court Costs.--Section 8(b) of the International Child Abduction Remedies Act (42 U.S.C. 11607(b)) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (2) by striking paragraph (1) and inserting the following: ``(1) No court costs may be assessed on a petitioner in connection with a petition seeking the return of, or rights of access to, a child located in the United States, pursuant to this Act. ``(2) Petitioners may be required to bear the costs of legal counsel or advisors, court costs incurred in connection with their petitions (other than petitions described in paragraph (1)) and travel costs for the return of the child involved and any accompanying persons, except as provided in paragraphs (3) and (4).''; and (3) in paragraph (3), as so redesignated-- (A) by striking ``paragraph (3)'' and inserting ``paragraph (4)''; and (B) by inserting ``(other than in connection with a petition described in paragraph (1))'' after ``or court costs''. (d) Responsibilities of United States Central Authority.--Section 7 of the International Child Abduction Remedies Act (42 U.S.C. 11606) is amended by adding at the end the following: ``(f) Technical Assistance.--The United States Central Authority shall encourage the Chief Justice of every State and the District of Columbia to designate a single court, or a limited number of courts, in which cases brought under the Convention may be heard. The Central Authority may provide technical assistance (including computers and Internet access) as necessary to foster consolidation of jurisdiction and implementation of the Convention, consistent with the purposes of the Convention. ``(g) Training.--The United States Central Authority shall provide or promote training of State court judges, lawyers, and law students on the civil and criminal laws pertaining to interstate and international parental kidnapping. To carry out this subsection, the United States Central Authority may make available funds under subsection (e) to State judicial educators, national, State, and local bar associations, and law schools. The United States Central Authority shall require recipients of such funds to report on the training programs they present, including the number of participants.''. (e) Federal Judicial Center.--Section 620 of title 28, United States Code, is amended by adding at the end the following: ``(c) Continuing Education and Training Programs.--The Center shall include in its continuing education and training programs, including the training programs for newly appointed judges, information on the Hague Convention on the Civil Aspects of International Child Abduction, the International Child Abduction Remedies Act, the International Parental Kidnapping Crime Act, and other Federal statutes pertaining to parental kidnapping within the jurisdiction of the Federal courts, and shall prepare materials necessary to carry out this subsection.''. SEC. 6. REPORTS RELATING TO INTERNATIONAL CHILD ABDUCTION. (a) Report on Progress in Negotiating Bilateral Treaties With Non- Hague Convention Countries.--The Secretary of State shall prepare and submit to the Congress an annual report on progress made by the United States in negotiating and entering into bilateral treaties (or other international agreements) relating to international child abduction with countries that are not contracting parties to the Hague Convention on the Civil Aspects of International Child Abduction. (b) Report on Human Rights Practices.--(1) Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended-- (A) in paragraph (7), by striking ``and'' at the end and inserting a semicolon; (B) in paragraph (8), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(9) the status of efforts in each country to prohibit international child abduction, including-- ``(A) efforts to expedite the return of children to the country of their habitual residence; and ``(B) the extent to which the country respects the rights of custody and of access under the laws of other countries.''. (2) Section 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended by inserting after the sixth sentence the following: ``Each report under this section shall include information on the status of efforts in each country to prohibit international child abduction, including efforts to expedite the return of children to the country of their habitual residence and the extent to which the country respects the rights of custody and of access under the laws of other countries.''. (c) Report on Enforcement of Section 1204 of Title 18, United States Code.--The Attorney General, in consultation with the Secretary of State, shall prepare and submit to the Congress an annual report that contains a description of the status of each case involving a request during the preceding year for extradition to the United States of an individual alleged to have violated section 1204 of title 18, United States Code. SEC. 7. SUPPORT FOR UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT. From amounts made available to carry out this section, the Attorney General shall support, directly or through grants and contracts, the adoption and implementation by the States of the Uniform Child Custody Jurisdiction and Enforcement Act, as adopted by the National Conference of Commissioners on Uniform State Laws (in this section referred to as the ``UCCJEA''). The support provided under this section shall include the following activities: (1) Activities to promote the adoption of the UCCJEA by States that have not yet adopted it. (2) Activities to provide training to lawyers and to judges and other appropriate public officials to ensure that the UCCJEA is implemented effectively and uniformly throughout the United States. (3) Activities to provide guidance and funding to States to facilitate and expedite the enforcement by those States of the custody and visitation provisions of the UCCJEA. SEC. 8. FEDERAL JUDICIAL CENTER EDUCATION PROGRAMS ON PARENTAL KIDNAPPING. The Federal Judicial Center, in fulfilling its function to stimulate, create, develop, and conduct programs of continuing education and training for personnel of the judicial branch of the Government and other persons (as specified in section 620(b)(3) of title 28, United States Code), shall ensure that those programs include education, training, and materials on the Hague Convention on the Civil Aspects of International Child Abduction, the International Child Abduction Remedies Act, the International Parental Kidnapping Crime Act, and such other international and Federal laws relating to parental kidnapping as are within the jurisdiction of the Federal courts. SEC. 9. USE OF SUPERVISED VISITATION CENTERS UNDER THE SAFE HAVENS FOR CHILDREN PILOT PROGRAM IN SITUATIONS INVOLVING THE RISK OF PARENTAL KIDNAPPING. Section 1301(a) of the Violence Against Women Act of 2000 (42 U.S.C. 10420(a)) is amended by striking ``or stalking'' and inserting ``stalking, or the risk of parental kidnapping''.

Bring Our Children Home Act - Amends the Federal judicial code to provide that a contestant may bring an action in U.S. district court to resolve conflicting child custody determinations. Directs the Attorney General to establish a registry of child custody and visitation orders and proceedings. Authorizes State and local law enforcement officers to hold any child listed as missing for a proper custody disposition. Amends the International Child Abduction Remedies Act to require the U.S. Central Authority under the Hague Convention on the Civil Aspects of International Child Abduction to establish a funding program for the provision of legal services to persons seeking remedies in interstate or international parental kidnapping cases. Authorizes the Legal Services Corporation to provide Convention-related legal assistance to qualified aliens. Requires the Central Authority to encourage the designation of courts to hear Convention-related cases. Amends the Federal judicial code to require the Federal Judicial Center to include in its continuing education programs information on the Convention and related laws. Requires various reports relating to international child abduction. Requires the Attorney General to support, through specified activities, the adoption and implementation in the States of the Uniform Child Custody Jurisdiction and Enforcement Act. Amends the Violence Against Women Act of 2000 to expand the Safe Havens for Children Pilot Program to include children at risk of parental kidnapping.

A bill to amend title 28, United States Code, to give district courts of the United States jurisdiction over competing State custody determinations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Primary Act of 1996''. SEC. 2. DEFINITION. For purposes of this Act-- (1) the term ``election year'' means a year during which a Presidential election is to be held; (2) the term ``national committee'' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level, as determined by the Federal Election Commission; (3) the term ``political party'' means an association, committee, or organization which-- (A) nominates a candidate for election to any Federal office whose name appears on the election ballot as the candidate of such association, committee, or organization; and (B) won electoral votes in the preceding Presidential election; (4) the term ``primary'' means a primary election held for the selection of delegates to a national Presidential nominating convention of a political party, but does not include a caucus, convention, or other indirect means of selection; and (5) the term ``State committee'' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level, as determined by the Federal Election Commission. SEC. 3. SCHEDULE. (a) Schedule.-- (1) First election cycle.--In the first election year after the date of enactment of this Act, each State shall hold a primary in accordance with this Act, according to the following schedule: (A) Region i.--Each State in Region I shall hold its primary on the first Tuesday in March. (B) Region ii.--Each State in Region II shall hold its primary on the first Tuesday in April. (C) Region iii.--Each State in Region III shall hold its primary on the first Tuesday in May. (D) Region iv.--Each State in Region IV shall hold its primary on the first Tuesday in June. (2) Subsequent election cycles.-- (A) General rule.--Except as provided in subparagraph (B), in the second and each subsequent election year after the date of enactment of this Act, each State in each region shall hold its primary on the first Tuesday of the month following the month in which it held its primary in the preceding election year. (B) Limitation.--If the States in a region were required to hold their primaries not earlier than the first Tuesday in June of the preceding year, such States shall hold their primaries on the first Tuesday in March of the succeeding election year. (b) Regions.--For purposes of subsection (a): (1) Region i.--Region I shall be comprised of the following: (A) Connecticut. (B) Delaware. (C) District of Columbia. (D) Maine. (E) Maryland. (F) Massachusetts. (G) New Hampshire. (H) New Jersey. (I) New York. (J) Pennsylvania. (K) Rhode Island. (L) Vermont. (M) West Virginia. (2) Region ii.--Region II shall be comprised of the following: (A) Alabama. (B) Arkansas. (C) Florida. (D) Georgia. (E) Kentucky. (F) Louisiana. (G) Mississippi. (H) North Carolina. (I) Oklahoma. (J) South Carolina. (K) Tennessee. (L) Texas. (M) Virginia. (3) Region iii.--Region III shall be comprised of the following: (A) Illinois. (B) Indiana. (C) Iowa. (D) Kansas. (E) Michigan. (F) Minnesota. (G) Missouri. (H) Nebraska. (I) North Dakota. (J) Ohio. (K) South Dakota. (L) Wisconsin. (4) Region iv.--Region IV shall be comprised of the following: (A) Alaska. (B) Arizona. (C) California. (D) Colorado. (E) Hawaii. (F) Idaho. (G) Montana. (H) Nevada. (I) New Mexico. (J) Oregon. (K) Utah. (L) Washington. (M) Wyoming. (5) Territories.--The national committees shall jointly determine the region of each territory of the United States. SEC. 4. QUALIFICATION FOR BALLOT. (a) Certification by Federal Election Commission.--The Federal Election Commission shall certify to the States in the relevant region the names of all seriously considered candidates of each party-- (1) for the first primary in the election year, not later than 6 weeks before such primary; and (2) in the subsequent primaries in the election year, not later than 1 week after the preceding primary in that election year. (b) State Primary Ballots.--Each State shall include on its primary ballot-- (1) the names certified by the Federal Election Commission; and (2) any other names determined by the appropriate State committee. SEC. 5. VOTING AT NATIONAL PARTY CONVENTIONS BY STATE DELEGATES. (a) In General.--Each State committee shall establish a procedure for the apportionment of delegates to the national Presidential nominating convention of each political party based on 1 of the following models: (1) Winner-take-all.--A binding, winner-take-all system in which the results of the primary bind each member of the State delegation or Congressional district delegation (or combination thereof) to the national convention to cast his or her vote for the primary winner in the State. (2) Proportionate preference.--A binding proportionate representation system in which the results of the State primary are used to allocate members of the State delegation or Congressional district delegation (or combination thereof) to the national convention to Presidential candidates based on the proportion of the vote for some or all of the candidates received in the primary in the State. (b) Selection of Delegates.-- (1) Submission of names.--Not later than the date on which a candidate is certified on the ballot for a State, such candidate shall submit to the State committee, in priority order, a list of names of individuals proposed by the candidate to serve as delegates for such candidate. (2) Selection.--Delegates apportioned to represent a candidate pursuant to the procedure established under subsection (a) shall be selected according to the list submitted by the candidate pursuant to paragraph (1). (c) Voting at the National Conventions.--Each delegate to a national convention who is required to vote for the winner of the State primary under the system established under subsection (a) shall so vote for at least 2 ballots at the national convention, unless released by the winner of the State primary to which such delegate's vote is pledged. SEC. 6. EFFECTIVE DATE. This Act shall apply to the primaries in the year 2000 and in each election year thereafter.

Presidential Primary Act of 1996 - Requires that each State hold a presidential primary according to a schedule specified by region for the first election primary cycle after enactment and for subsequent election primary cycles. Sets forth provisions regarding voting at national party conventions by State delegates.

Presidential Primary Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia and United States Territories Circulating Quarter Dollar Program Act''. SEC. 2. ISSUANCE OF REDESIGNED QUARTER DOLLARS HONORING THE DISTRICT OF COLUMBIA AND EACH OF THE TERRITORIES. Section 5112 of title 31, United States Code, is amended by inserting after subsection (m) the following new subsection: ``(n) Redesign and Issuance of Circulating Quarter Dollar Honoring the District of Columbia and Each of the Territories.-- ``(1) Redesign in 2009.-- ``(A) In general.--Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2) and subject to paragraph (6)(B), quarter dollar coins issued during 2009 shall have designs on the reverse side selected in accordance with this subsection which are emblematic of the District of Columbia and the territories. ``(B) Flexibility with regard to placement of inscriptions.--Notwithstanding subsection (d)(1), the Secretary may select a design for quarter dollars issued during 2009 in which-- ``(i) the inscription described in the second sentence of subsection (d)(1) appears on the reverse side of any such quarter dollars; and ``(ii) any inscription described in the third sentence of subsection (d)(1) or the designation of the value of the coin appears on the obverse side of any such quarter dollars. ``(2) Single district or territory design.--The design on the reverse side of each quarter dollar issued during 2009 shall be emblematic of one of the following: The District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(3) Selection of design.-- ``(A) In general.--Each of the 6 designs required under this subsection for quarter dollars shall be-- ``(i) selected by the Secretary after consultation with-- ``(I) the chief executive of the District of Columbia or the territory being honored, or such other officials or group as the chief executive officer of the District of Columbia or the territory may designate for such purpose; and ``(II) the Commission of Fine Arts; and ``(ii) reviewed by the Citizens Coinage Advisory Committee. ``(B) Selection and approval process.--Designs for quarter dollars may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(C) Participation.--The Secretary may include participation by District of Columbia or territorial officials, artists from the District of Columbia or the territory, engravers of the United States Mint, and members of the general public. ``(D) Standards.--Because it is important that the Nation's coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any quarter dollar minted under this subsection. ``(E) Prohibition on certain representations.--No head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design of any quarter dollar under this subsection. ``(4) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(5) Issuance.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) as the Secretary determines to be appropriate, with a content of 90 percent silver and 10 percent copper. ``(C) Timing and order of issuance.--Coins minted under this subsection honoring the District of Columbia and each of the territories shall be issued in equal sequential intervals during 2009 in the following order: the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(6) Other provisions.-- ``(A) Application in event of admission as a state.--If the District of Columbia or any territory becomes a State before the end of the 10-year period referred to in subsection (l)(1), subsection (l)(7) shall apply, and this subsection shall not apply, with respect to such State. ``(B) Application in event of independence.--If any territory becomes independent or otherwise ceases to be a territory or possession of the United States before quarter dollars bearing designs which are emblematic of such territory are minted pursuant to this subsection, this subsection shall cease to apply with respect to such territory. ``(7) Territory defined.--For purposes of this subsection, the term `territory' means the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.''.

District of Columbia and United States Territories Circulating Quarter Dollar Program Act - Authorizes the Secretary of the Treasury to issue during 2009 redesigned quarter dollars commemorating the District of Columbia and the U.S. Territories.

A bill to provide for a circulating quarter dollar coin program to honor the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on the Structure of the Army Act of 2014''. SEC. 2. LIMITATION ON AVAILABILITY OF FUNDS FOR REDUCTIONS TO THE ARMY NATIONAL GUARD. (a) Aircraft.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Army may be used to divest, retire, or transfer, or prepare to divest, retire, or transfer, any aircraft of the Army assigned to units of the Army National Guard as of January 15, 2014. (b) Personnel.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Army may be used to reduce personnel below the authorized end strength levels of 350,000 for the Army National Guard as of September 30, 2014. SEC. 3. NATIONAL COMMISSION ON THE STRUCTURE OF THE ARMY. (a) Establishment.--There is established the National Commission on the Structure of the Army (in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of eight members, of whom-- (A) four shall be appointed by the President; (B) one shall be appointed by the Chairman of the Committee on Armed Services of the Senate; (C) one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate; (D) one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and (E) one shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives. (2) Appointment date.--The appointments of the members of the Commission shall be made not later than 90 days after the date of the enactment of this Act. (3) Effect of lack of appointment by appointment date.--If one or more appointments under subparagraph (A) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. If an appointment under subparagraph (B), (C), (D), or (E) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make an appointment under such subparagraph shall expire, and the number of members of the Commission shall be reduced by the number equal to the number otherwise appointable under such subparagraph. (4) Expertise.--In making appointments under this subsection, consideration should be given to individuals with expertise in reserve forces policy. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chair. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chair and Vice Chair.--The Commission shall select a Chair and Vice Chair from among its members. SEC. 4. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall undertake a comprehensive study of the structure of the Army to determine the proper force mixture of the active component and reserve component, and how the structure should be modified to best fulfill current and anticipated mission requirements for the Army in a manner consistent with available resources and estimated future resources. (2) Considerations.--In considering the structure of the Army, the Commission shall give particular consideration to evaluating a structure that-- (A) meets current and anticipated requirements of the combatant commands; (B) achieves a cost-efficiency balance between the regular and reserve components of the Army, taking advantage of the unique strengths and capabilities of each, with a particular focus on fully burdened and lifecycle cost of Army personnel; (C) ensures that the regular and reserve components of the Army have the capacity needed to support current and anticipated homeland defense and disaster assistance missions in the United States; (D) provides for sufficient numbers of regular members of the Army to provide a base of trained personnel from which the personnel of the reserve components of the Army could be recruited; (E) maintains a peacetime rotation force to support operational tempo goals of 1:2 for regular members of the Army and 1:5 for members of the reserve components of the Army; and (F) maximizes and appropriately balances affordability, efficiency, effectiveness, capability, and readiness. (b) Report.--Not later than February 1, 2016, the Commission shall submit to the President and the congressional defense committees a report which shall contain a detailed statement of the findings and conclusions of the Commission as a result of the study required by subsection (a), together with its recommendations for such legislation and administrative actions it may consider appropriate in light of the results of the study. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission 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 Commission. (c) Staff.-- (1) In general.--The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 4. SEC. 8. FUNDING. Amounts authorized to be appropriated for fiscal year 2015 and available for operation and maintenance for the Army as specified in the funding table in section 4301 of the fiscal year 2015 National Defense Authorization Act may be available for the activities of the Commission under this Act.

National Commission on the Structure of the Army Act of 2014 - Establishes the National Commission on the Structure of the Army to undertake a comprehensive study of the structure of the Army to determine: (1) the proper force mixture of the active component and reserve component, and (2) how the structure should be modified to best fulfill mission requirements in a manner consistent with available resources. Directs the Commission to give particular consideration to evaluating a structure that: (1) meets current and anticipated requirements of the combatant commands; (3) achieves a cost-efficiency balance between the regular and reserve components, with a focus on fully burdened and lifecycle cost of Army personnel; (3) ensures that the regular and reserve components have the capacity needed to support homeland defense and disaster assistance missions in the United States; (4) provides for sufficient numbers of regular members of the Army to provide a base of trained personnel from which the personnel of the reserve components could be recruited; (5) maintains a peacetime rotation force to support operational tempo goals of 1:2 for regular members and 1:5 for members of the reserve components; and (6) maximizes and appropriately balances affordability, efficiency, effectiveness, capability, and readiness. Prohibits the use of any funds made available for FY2015 for the Army to: (1) divest, retire, or transfer, or prepare to divest, retire, or transfer, any aircraft of the Army assigned to units of the Army National Guard as of January 15, 2014; or (2) reduce personnel below the authorized end strength levels of 350,000 for the Army National Guard as of September 30, 2014.

National Commission on the Structure of the Army Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Red Cross Transparency Act of 2016''. SEC. 2. GOVERNMENT ACCOUNTABILITY OFFICE OVERSIGHT. Section 300111 of title 36, United States Code, is amended to read as follows: ``Sec. 300111. Authority of the Comptroller General of the United States ``(a) Audit Authority.--The Comptroller General of the United States is authorized to review-- ``(1) the internal governance of the corporation; and ``(2) any program or activity connected to national preparedness, including any program or activity carried out by the corporation in connection with events for which the Federal Government provides leadership or support under the national preparedness system established under section 644 of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 744), or any successor system. ``(b) Access Authority.-- ``(1) In general.--For purposes of carrying out this section, the Comptroller General of the United States shall have access to and the right to examine and copy all records and other recorded information, electronic or otherwise, within the possession or control of the corporation that the Comptroller General determines relevant to a review authorized under subsection (a), including such records and other recorded information relating to the financial transactions and internal governance of the corporation. ``(2) Individuals.--The Comptroller General shall be provided access to, and be permitted to interview, any member of the board of governors, employee, volunteer, or agent of the corporation whom the Comptroller General believes to have knowledge relevant to a review authorized under subsection (a). ``(c) Enforcement.-- ``(1) Subpoena authority.-- ``(A) In general.--If the corporation does not make available a record, other recorded information, or a member of the board of governors, employee, volunteer, or agent of the corporation upon a request under subsection (b), the Comptroller General of the United States may issue a subpoena for the record or other recorded information or to obtain the testimony of the member of the board of governors, employee, volunteer, or agent. ``(B) Issuance.--A subpoena issued under this paragraph-- ``(i) shall identify the record, other recorded information, or member of the board of governors, employee, volunteer, or agent of the corporation sought; and ``(ii) may be issued by the Comptroller General. ``(C) Service.--The Comptroller General shall have an individual serve a subpoena issued under this paragraph by delivering a copy to the chief executive officer of the corporation or by mailing a copy of the subpoena by certified or registered mail, return receipt requested, to the principal place of business of the corporation. Proof of service is shown by a verified return by the individual serving the subpoena that states how the subpoena was served or by the return receipt signed by the person served. ``(2) Action.--If the corporation does not comply with a subpoena issued under paragraph (1), the Comptroller General of the United States, acting through an attorney the Comptroller General designates in writing, may bring a civil action in the United States District Court for the District of Columbia to require the corporation to produce the record, other recorded information, or member of the board of governors, employee, volunteer, or agent that is the subject of the subpoena. The court shall have jurisdiction of such action and may punish a failure to obey an order of the court under this subsection as a contempt of court.''. SEC. 3. INVESTIGATIONS, COMPLIANCE, AND ETHICS UNIT. (a) In General.--Chapter 3001 of title 36, United States Code, is amended-- (1) by redesignating section 300113 as section 300114; and (2) by inserting after section 300112 the following: ``Sec. 300113. Reporting and other authorities of the Office of Investigations, Compliance, and Ethics ``(a) In General.--There shall be in the corporation an Office of Investigations, Compliance, and Ethics, which-- ``(1) shall be a subcommittee of the Audit and Risk Management Committee of the corporation; and ``(2) shall report directly to the board of governors and the Audit and Risk Management Committee. ``(b) Membership.--An individual who is not a member of the board of governors of the corporation may be a member of the Office of Investigations, Compliance, and Ethics. ``(c) Employees.--The Audit and Risk Management Committee of the corporation shall determine, in consultation with the Chief Executive Officer and the President of the corporation, the number of employees that shall be employed by the Office of Investigations, Compliance, and Ethics. ``(d) Effect of Termination of Audit and Risk Management Committee.--If the Audit and Risk Management Committee of the corporation ceases to exist-- ``(1) the Office of Investigations, Compliance, and Ethics shall become a standing committee of the board of governors; and ``(2) the board of governors, in consultation with the Chief Executive Officer and President of the corporation, shall determine the number of employees to be employed by the Office of Investigations, Compliance, and Ethics. ``(e) Investigations.-- ``(1) In general.--The Office of Investigations, Compliance, and Ethics shall conduct formal investigations relating to fraud, waste, abuse, corporation policy violations, illegal or unethical conduct, or other wrongdoing relating to the corporation. ``(2) Access.--During the course of an investigation under paragraph (1), the Office shall-- ``(A) have access to and the right to interview any employee, volunteer, or agent of the corporation; and ``(B) have access to records and be permitted to copy all records and other recorded information, electronic or otherwise, within the possession or control of the corporation, including such records and other recorded information relating to the financial transactions and internal governance of the corporation, that the Office of Investigations, Compliance, and Ethics determines relevant to the investigation. ``(f) Reporting.-- ``(1) Definition.--In this subsection, the term `appropriate congressional committees' means-- ``(A) the Committee on Finance, the Committee on Foreign Relations, the Committee on Health, Education, Labor, and Pensions, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and ``(B) the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Ways and Means of the House of Representatives. ``(2) Reports.--The Office of Investigations, Compliance, and Ethics shall annually submit to the appropriate congressional committees, the board of governors, the Audit and Risk Management Committee, the Chief Executive Officer of the corporation, the President, the Comptroller General, and to any Member of Congress (upon request)-- ``(A) a report-- ``(i) discussing any trends and systemic matters that the Office of Investigations, Compliance, and Ethics has identified confronting the corporation; and ``(ii) providing the number of pending investigations by the Office of Investigations, Compliance, and Ethics and the general substance of the investigations; and ``(B) the final report regarding each investigation completed by the Office of Investigations, Compliance, and Ethics during the year covered by the report under subparagraph (A).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 3001 of title 36, United States Code, is amended by striking the item relating to section 300113 and inserting the following: ``300113. Reporting and other authorities of the Office of Investigations, Compliance, and Ethics. ``300114. Reservation of right to amend or repeal.''.

American Red Cross Transparency Act of 2016 This bill authorizes the Government Accountability Office (GAO) to review: (1) the internal governance of the American National Red Cross (the corporation), and (2) any program or activity carried out by the corporation that is connected to national preparedness. The bill grants the GAO: (1) access to, and the right to examine and copy, all records of the corporation that the GAO determines are relevant to such review; and (2) access to, and the right to interview, any employee, volunteer, agent, or member of the board of governors of the corporation whom the GAO believes has knowledge relevant to such review. The GAO may issue a subpoena and bring a civil action in U.S. District Court for the District of Columbia to enforce such access. The bill establishes an Office of Investigations, Compliance, and Ethics as a subcommittee of the corporation's Audit and Risk Management Committee. The office shall: (1) conduct formal investigations regarding fraud, waste, abuse, corporation policy violations, illegal or unethical conduct, or other wrongdoing relating to the corporation; and (2) report annually on trends and systemic matters confronting the corporation and on pending and completed investigations.

American Red Cross Transparency Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vietnam Education Foundation Amendments Act of 2008''. SEC. 2. TRANSFER OF THE FOUNDATION TO THE DEPARTMENT OF STATE. (a) In General.--Section 204 of the Vietnam Education Foundation Act of 2000 (22 U.S.C. 2452 note) is amended to read as follows: ``SEC. 204. ESTABLISHMENT. ``There is established, within the Bureau of Educational and Cultural Affairs of the Department of State, the Vietnam Education Foundation (referred to in this title as the `Foundation').''. (b) Replacement of Board of Directors With Advisory Committee.-- Section 205 of such Act is amended to read as follows: ``SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY COMMITTEE. ``(a) Establishment.-- ``(1) In general.--There is established a Vietnam Education Foundation Advisory Committee (referred to in this section as the `Advisory Committee'), which shall provide advice to the Secretary and the Assistant Secretary for Educational and Cultural Affairs regarding the Foundation's activities. ``(2) Membership.--The Advisory Committee shall be composed of 7 members, of whom-- ``(A) 3 shall be appointed by the Secretary; ``(B) 1 shall be appointed by the majority leader of the Senate; ``(C) 1 shall be appointed by the minority leader of the Senate; ``(D) 1 shall be appointed by the Speaker of the House of Representatives; and ``(E) 1 shall be appointed by the minority leader of the House of Representatives. ``(3) Appointment of incumbent members of board of directors.--Members appointed to the Advisory Committee under paragraph (2) may include individuals who were members of the Board of Directors of the Foundation on the date immediately preceding the date of the enactment of the Vietnam Education Foundation Amendments Act of 2008. ``(b) Supervision.--The Foundation shall be subject to the supervision and direction of the Secretary, working through the Assistant Secretary for Educational and Cultural Affairs, and in consultation with the Advisory Committee established under subsection (a).''. (c) Fellowship Program.--Section 206(a) of such Act is amended-- (1) in paragraph (1)(A), by striking ``to study at institutions of higher education in the United States at graduate and post-graduate levels'' and inserting ``for post- secondary studies at institutions of higher education in the United States''; (2) in paragraph (2)-- (A) by striking ``may include funding to improve'' and inserting the following: ``may include funding to-- ``(A) improve''; and (B) by striking the period at the end and inserting the following: ``; and ``(B) prepare the fellowship recipient for post- secondary education in any field described in paragraph (1)(A).''; and (3) by adding at the end the following: ``(3) Priority for basic sciences.--In awarding fellowships under this subsection, the Foundation shall give priority to individuals described in paragraph (1)(A) who are studying the basic sciences.''. (d) Conforming Amendments.--Such Act is amended-- (1) in section 203-- (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (C) by inserting after paragraph (2), as redesignated, the following: ``(3) Secretary.--The term `Secretary' means the Secretary of State.''; (2) in section 206(e), by striking ``of the Board'' and inserting ``promulgated by the Secretary''; (3) in section 208-- (A) in subsection (a)-- (i) in the subsection heading, by striking ``Board'' and inserting ``Secretary''; and (ii) by striking ``Board'' each place it appears and inserting ``Secretary''; and (B) in subsection (d), by striking ``Board'' and inserting ``Secretary''; and (4) in section 209(b), by striking ``Board'' and inserting ``Secretary''. (e) Mutual Educational and Cultural Exchange Act of 1961.--Section 112(a) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2460(a)) is amended-- (1) in paragraph (8), by striking ``and'' at the end; (2) in paragraph (9), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(10) programs administered by the Vietnam Education Foundation.''. (f) Transfer of Functions.--All functions and assets of the Vietnam Education Foundation are transferred to the Bureau of Educational and Cultural Affairs of the Department of State. The Assistant Secretary for Educational and Cultural Affairs may hire personnel who were employed by the Vietnam Education Foundation on the date before the date of the enactment of this Act, and such other personnel as may be necessary to support the Foundation, in accordance with part III of title 5, United States Code. SEC. 3. AMERICAN RESEARCH COLLEGE IN VIETNAM. (a) Grants Authorized.--The Secretary of State, acting through the Assistant Secretary for Educational and Cultural Affairs, is authorized to award 1 or more grants to institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), which shall be used to participate in a partnership with the Government of the Socialist Republic of Vietnam to establish an American Research College in Vietnam. The purpose of the American Research College shall be to provide a high quality general education to Vietnamese undergraduate students. (b) Application.-- (1) In general.--Each institution of higher education desiring the grant under this section shall submit an application to the Secretary of State at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Competitive basis.--Each grant authorized under subsection (a) shall be awarded on a competitive basis. (c) Source of Grant Funds.--The Secretary of State may use funds made available to the Vietnam Education Foundation under section 207(c) of the Vietnam Education Foundation Act of 2000 (22 U.S.C. 2452 note) for the grant awarded under this section. (d) Limitation.--The Secretary of State shall encourage the Government of the Socialist Republic of Vietnam to make an appropriate financial or in-kind contribution to establish and maintain the college established with grant funds awarded under this section. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 90 days after the date of the enactment of this Act.

Vietnam Education Foundation Amendments Act of 2008 - Establishes the Vietnam Education Foundation within the Bureau of Educational and Cultural Affairs of the Department of State. (Under current law the Foundation is an independent establishment of the executive branch.) Establishes the Vietnam Education Foundation Advisory Committee in lieu of the current Board of Directors. Gives fellowship priority to basic science studies. Authorizes the Secretary of State, through the Assistant Secretary for Educational and Cultural Affairs, to award grants to institutions of higher education for a partnership with the government of the Socialist Republic of Vietnam to establish an undergraduate American Research College in Vietnam.

To amend the Vietnam Education Foundation Act of 2000.

SECTION 1. SHORT TITLE. This Act may be cited as the ``1993 World Trade Center Victims Compensation Act''. TITLE I--COMPENSATION PROVISIONS SEC. 101. DEFINITIONS. In this title, the following definitions apply: (1) Claimant.--The term ``claimant'' means an individual filing a claim for compensation under section 104(a)(1). (2) Collateral source.--The term ``collateral source'' means all collateral sources, including life insurance, pension funds, death benefit programs, and payments by Federal, State, or local governments related to the terrorist-related bombing of the World Trade Center in New York City on February 26, 1993. (3) Economic loss.--The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (4) Eligible individual.--The term ``eligible individual'' means an individual determined to be eligible for compensation under section 104(c). (5) Noneconomic losses.--The term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. (6) Special master.--The term ``Special Master'' means the Special Master appointed under section 404(a) of the September 11th Victim Compensation Fund of 2001 (title IV of the Air Transportation Safety and System Stabilization Act (Public Law 107-42; 115 Stat. 237)). SEC. 102. PURPOSE. It is the purpose of this title to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the terrorist-related bombing of the World Trade Center in New York City on February 26, 1993. SEC. 103. ADMINISTRATION. (a) In General.--The Attorney General, acting through the Special Master, shall-- (1) administer the compensation program established under this title; (2) promulgate all procedural and substantive rules for the administration of this title; and (3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this title. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to pay the administrative and support costs for the Special Master in carrying out this title. SEC. 104. DETERMINATION OF ELIGIBILITY FOR COMPENSATION. (a) Filing of Claim.-- (1) In general.--A claimant may file a claim for compensation under this title with the Special Master. The claim shall be on the form developed under paragraph (2) and shall state the factual basis for eligibility for compensation and the amount of compensation sought. (2) Claim form.-- (A) In general.--The Special Master shall develop a claim form that claimants shall use when submitting claims under paragraph (1). The Special Master shall ensure that such form can be filed electronically, if determined to be practicable. (B) Contents.--The form developed under subparagraph (A) shall request-- (i) information from the claimant concerning the physical harm that the claimant suffered, or in the case of a claim filed on behalf of a decedent information confirming the decedent's death, as a result of the terrorist- related bombing of the World Trade Center in New York City on February 26, 1993; (ii) information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of such bombing; and (iii) information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of such bombing. (3) Limitation.--No claim may be filed under paragraph (1) after the date that is 2 years after the date on which regulations are promulgated under section 106. (b) Review and Determination.-- (1) Review.--The Special Master shall review a claim submitted under subsection (a) and determine-- (A) whether the claimant is an eligible individual under subsection (c); (B) with respect to a claimant determined to be an eligible individual-- (i) the extent of the harm to the claimant, including any economic and noneconomic losses; and (ii) the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. (2) Negligence.--With respect to a claimant, the Special Master shall not consider negligence or any other theory of liability. (3) Determination.--Not later than 120 days after that date on which a claim is filed under subsection (a), the Special Master shall complete a review, make a determination, and provide written notice to the claimant, with respect to the matters that were the subject of the claim under review. Such a determination shall be final and not subject to judicial review. (4) Rights of claimant.--A claimant in a review under paragraph (1) shall have-- (A) the right to be represented by an attorney; (B) the right to present evidence, including the presentation of witnesses and documents; and (C) any other due process rights determined appropriate by the Special Master. (5) No punitive damages.--The Special Master may not include amounts for punitive damages in any compensation paid under a claim under this title. (6) Collateral compensation.--The Special Master shall reduce the amount of compensation determined under paragraph (1)(B)(ii) by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the terrorist-related bombing of the World Trade Center in New York City on February 26, 1993. (c) Eligibility.-- (1) In general.--A claimant shall be determined to be an eligible individual for purposes of this subsection if the Special Master determines that such claimant-- (A) is an individual described in paragraph (2); and (B) meets the requirements of paragraph (3). (2) Individuals.--A claimant is an individual described in this paragraph if the claimant is-- (A) an individual who-- (i) was present at the World Trade Center in New York City at the time, or in the immediate aftermath, of the terrorist-related bombing of the World Trade Center in New York City on February 26, 1993; (ii) suffered physical harm or death as a result of such bombing; and (iii) is not identified by the Attorney General to have been a participant or conspirator in such bombing; or (B) in the case of a decedent who is an individual described in subparagraph (A), the personal representative of the decedent who files a claim on behalf of the decedent. (3) Requirements.-- (A) Single claim.--Not more than one claim may be submitted under this title by an individual or on behalf of a deceased individual. (B) Limitation on civil action.-- (i) In general.--Upon the submission of a claim under this title, the claimant waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a result of the terrorist- related bombing of the World Trade Center in New York City on February 26, 1993. The preceding sentence does not apply to a civil action to recover collateral source obligations. (ii) Pending actions.--In the case of an individual who is a party to a civil action described in clause (i), such individual may not submit a claim under this title unless such individual withdraws from such action by the date that is 90 days after the date on which regulations are promulgated under section 106. SEC. 105. PAYMENTS TO ELIGIBLE INDIVIDUALS. (a) In General.--Not later than 20 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under this title, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant. (b) Payment Authority.--This title constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of amounts for compensation under this title. (c) Additional Funding.-- (1) In general.--The Attorney General is authorized to accept such amounts as may be contributed by individuals, business concerns, or other entities to carry out this title, under such terms and conditions as the Attorney General may impose. (2) Use of separate account.--In making payments under this section, amounts contained in any account containing funds provided under paragraph (1) shall be used prior to using appropriated amounts. SEC. 106. REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out this title, including regulations with respect to-- (1) forms to be used in submitting claims under this title; (2) the information to be included in such forms; (3) procedures for hearing and the presentation of evidence; (4) procedures to assist an individual in filing and pursuing claims under this title; and (5) other matters determined appropriate by the Attorney General. SEC. 107. RIGHT OF SUBROGATION. The United States shall have the right of subrogation with respect to any claim paid by the United States under this title. TITLE II--INCOME TAX PROVISIONS SEC. 201. INCOME TAX RELIEF. (a) In General.--Section 692(d)(4) of the Internal Revenue Code of 1986 (relating to definition of specified terrorist victim) is amended by inserting ``February 26, 1993,'' before ``April 19, 1995''. (b) Effective Date; Waiver of Limitations.-- (1) Effective date.--The amendment made by this section shall apply to taxable years ending before, on, or after the date of the enactment of this Act. (2) Waiver of limitations.--If refund or credit of any overpayment of tax resulting from the amendment made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period.

1993 World Trade Center Victims Compensation Act - States that the purpose of this Act is to provide compensation for victims physically injured or killed as a result of the terrorist-related bombing of the World Trade Center on February 26, 1993.Directs the Attorney General, acting through the Special Master, to administer the compensation program and establish procedural and substantive rules.Establishes claimants' rights during the review process. Excludes punitive damages from compensation. Reduces compensation by the amount of collateral source compensation received, or expected to be received, by claimant as a result of the bombing.Determines submission of a claim to be a waiver of a claimant's right to file a civil action (or to be party to an action) in any Federal or State court for damages sustained as a result of the bombing.Directs the Attorney General and Special Master to promulgate certain regulations related to carrying out the Act including procedures for hearings and presentation of evidence.Amends the Internal Revenue Code to include victims of the February 26, 1993, World Trade Center attack under Code provisions exempting terrorist victims from certain tax liabilities. Allows for a refund or credit which would otherwise be prevented before the close of the one-year period following enactment of the Act, provided the claim is filed before the close of such period.

A bill to provide compensation and income tax relief for the individuals who were victims of the terrorist-related bombing of the World Trade Center in 1993 on the same basis as compensation and income tax relief is provided to victims of the terrorist-related aircraft crashes on September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Surreptitious Video Surveillance Act of 2010''. SEC. 2. PROHIBITION ON USE OF VIDEO SURVEILLANCE. (a) In General.--Chapter 119 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2523. Prohibition on use of video surveillance ``(a) Definition.--In this section, the term `video surveillance' means the intentional acquisition, capture, or recording of a visual image or images of any individual if-- ``(1) the individual is in an area of a temporary or permanent residence that is not readily observable from a public location; ``(2) the individual has a reasonable expectation of privacy in the area; and ``(3) the visual image or images-- ``(A) are made without the consent of-- ``(i) an individual present in the area; or ``(ii) a resident of the temporary or permanent residence; and ``(B) are-- ``(i) produced using a device, apparatus, or other item that was mailed, shipped, or transported in or affecting interstate or foreign commerce by any means; or ``(ii) transported or transmitted, in or affecting, or using any means or facility of, interstate or foreign commerce, including by computer. ``(b) Prohibition on Video Surveillance.--It shall be unlawful for any person to engage in any video surveillance, except-- ``(1) as provided in this section; or ``(2) as authorized under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). ``(c) Treatment as Electronic Surveillance.-- ``(1) In general.--Subject to paragraph (2)-- ``(A) video surveillance shall be considered to be an interception of an electronic communication for the purposes of this chapter; and ``(B) it shall not be unlawful for a person to engage in video surveillance if the video surveillance is conducted in a manner or is of a type authorized under this chapter for the interception of an electronic communication. ``(2) Exception.--Sections 2511(2)(c), 2511(2)(d), 2512, 2513, and 2518(10)(c) shall not apply to video surveillance. ``(3) Prohibition of use as evidence of video surveillance.-- ``(A) In general.--No part of the contents of video surveillance and no evidence derived from video surveillance may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof if the disclosure of the video surveillance would be in violation of this chapter. ``(B) Motion to suppress.-- ``(i) In general.--Any aggrieved person in any trial, hearing, or proceeding described in subparagraph (A) may move to suppress the contents of any video surveillance conducted under this chapter, or any evidence derived from the video surveillance, on the grounds that-- ``(I) the video surveillance was unlawfully conducted; ``(II) the order of authorization or approval under which the video surveillance was conducted was insufficient on its face; or ``(III) the video surveillance was not conducted in conformity with the order of authorization or approval. ``(ii) Timing of motion.--A motion made under clause (i) shall be made before the trial, hearing, or proceeding unless-- ``(I) there was no opportunity to make such motion; or ``(II) the aggrieved person described in clause (i) was not aware of the grounds of the motion. ``(iii) Remedy.--If the motion made under clause (i) is granted, the contents of the video surveillance, or evidence derived from the video surveillance, shall be treated as having been obtained in violation of this chapter. ``(iv) Inspection of evidence.--The judge, upon filing of a motion under clause (i), may, in the discretion of the judge, make available to the aggrieved person or counsel for the aggrieved person for inspection such portions of the video surveillance or evidence derived from the video surveillance as the judge determines to be in the interests of justice. ``(v) Right to appeal.-- ``(I) In general.--In addition to any other right to appeal, the United States shall have the right to appeal from an order granting a motion made under clause (i), or the denial of an application for an order of approval, if the United States attorney certifies to the judge or other official granting the motion or denying the application that the appeal is not taken for purposes of delay. ``(II) Filing deadline.--An appeal under subclause (I) shall-- ``(aa) be taken within 30 days after the date the order was entered; and ``(bb) be diligently prosecuted.''. (b) Chapter Analysis.--The table of sections for chapter 119 of title 18, United States Code, is amended by adding at the end the following: ``2523. Prohibition on use of video surveillance.''.

Surreptitious Video Surveillance Act of 2010 - Amends the federal criminal code to prohibit the unauthorized video surveillance of an individual who: (1) is in an area of a temporary or permanent residence that is not readily observable from a public location; and (2) has a reasonable expectation of privacy in the area. Prohibits (with exceptions) the use of such surveillance as evidence.

A bill to prohibit any person from engaging in certain video surveillance except under the same conditions authorized under chapter 119 of title 18, United States Code, or as authorized by the Foreign Intelligence Surveillance Act of 1978.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Physician Assistant Education Public Health Initiatives Act of 2015''. SEC. 2. STUDENT LOAN REPAYMENT FOR CERTAIN PHYSICIAN ASSISTANTS. (a) In General.--Part C of title VII of the Public Health Service Act (42 U.S.C. 293k et seq.) is amended by adding at the end the following: ``Subpart III--Physician Assistants ``SEC. 749C. FACULTY POSITIONS IN PHYSICIAN ASSISTANT EDUCATION PROGRAM LOAN REPAYMENT. ``(a) In General.-- ``(1) Contracts.--Subject to paragraph (2), the Secretary shall enter into contracts with eligible individuals under which such an individual agrees to serve as a full-time member of the faculty at a graduate-level physician assistant education program (as defined in section 799B) in consideration of the Federal Government agreeing to pay, for each year of such service, at the end of each such year, not more than $10,000 of the principal and interest of the educational loans of such individual. ``(2) Cap.--The Secretary may not pay more than $45,000 under this section for any individual. ``(b) Definitions.-- ``(1) Eligible individual.--In this section, the term `eligible individual' means an individual who-- ``(A) is a citizen, national, or lawful permanent resident of the United States; ``(B) has a degree from a graduate-level physician assistant education program; ``(C) has contracted with a graduate-level physician assistant education program to serve as a member of the faculty for not less than 2 years; and ``(D) either-- ``(i) holds a license as a physician assistant; or ``(ii) is qualified for licensure as a physician assistant in a State where such individual serves as a full-time member of the faculty at a graduate-level physician assistant education program. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2017 through 2021. ``SEC. 749D. PHYSICIAN ASSISTANT PRIMARY CARE PROVIDER LOAN REPAYMENT. ``(a) In General.--The Secretary shall enter into contracts with eligible individuals under which such an individual agrees to serve for at least 2 years as a full-time physician assistant in a health professional shortage area, in a medically underserved area, or at a health center in consideration of the Federal Government agreeing to pay the eligible amount of the principal and interest of the educational loans of such individual. ``(b) Definitions.--In this section: ``(1) Eligible amount.--The term `eligible amount' means, with respect to an eligible individual who has entered into a contract under subsection (a), with respect to the aggregate principal and interest on educational loans of such individual outstanding on the date such individual began the service described in such contract-- ``(A) for each of the first two years of service under such contract, 30 percent of such aggregate principal and interest; and ``(B) for the third year, if any, of service under such contract, 25 percent of such aggregate principal and interest. ``(2) Eligible individual.--The term `eligible individual' means an individual who-- ``(A) is a citizen, national, or lawful permanent resident of the United States; ``(B) has a degree from a graduate-level physician assistant education program; and ``(C) has contracted with a health care provider located in a health professional shortage area or a medically underserved area or with a health center to serve as a physician assistant for not less than 2 years. ``(3) Health center.--The term `health center' has the meaning given such term in section 330(a). ``(4) Medically underserved area.--The term `medically underserved area' has the meaning given the term `medically underserved community' in section 799B(6). ``(5) Health professional shortage area.--The term `health professional shortage area' has the meaning given such term in section 332(a). ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2017 through 2021.''. (b) Effective Date.--The amendment made by this section shall apply with respect to service occurring on or after the date of the enactment of this Act. SEC. 3. EXTENDING AUTHORIZATION OF APPROPRIATIONS TO SUPPORT FACULTY DEVELOPMENT AND DISADVANTAGED STUDENTS. Section 740 of the Public Health Service Act (42 U.S.C. 293d) is amended-- (1) in subsection (a), by inserting after ``2014'' the following: ``and each of the fiscal years 2017 through 2021''; (2) in subsection (b), by inserting after ``2014'' the following: ``and such sums as may be necessary for each of the fiscal years 2017 through 2021''; and (3) in subsection (c), by inserting after ``2014'' the following: ``and each of the fiscal years 2017 through 2021''. SEC. 4. REAUTHORIZATION OF PRIMARY CARE TRAINING AND ENHANCEMENT PROGRAMS. Section 747(c) of the Public Health Service Act (42 U.S.C. 293k(c)) is amended-- (1) in paragraph (1), by inserting after ``2014'' the following: ``and each of fiscal years 2017 through 2021''; and (2) in paragraph (2), by striking ``Fifteen'' and inserting ``At least 15''. SEC. 5. GRANTS FOR RESEARCH ON PHYSICIAN ASSISTANT EDUCATION. (a) In General.--The Secretary of Health and Human Services shall provide grants to eligible entities to fund eligible researchers to increase research on physician assistant education. (b) Application.--An eligible entity 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. (c) Condition of Receipt.--As a condition of receipt of a grant under this section, an entity shall each year award not fewer than eight eligible researchers funds to support physician assistant education research. (d) Report Requirement.--An entity receiving a grant under this section shall provide to the Secretary with respect to each year that such entity receives funds under this section a report on the activities conducted using such funds, including-- (1) the number of researchers supported during such year by such entity using such funds; (2) a list of the researchers counted under paragraph (1), organized by researcher, including-- (A) the institution such researcher is affiliated with; and (B) the research topic of such researcher; (3) citations to published clinical and scientific research by researchers described in paragraph (1) that is attributable to support under this section; (4) an evaluation of the benefits of grants under this section; and (5) any other information the Secretary may request. (e) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an organization that-- (A) is a non-profit organization; and (B) has demonstrated expertise in physician assistant education and faculty development. (2) Eligible researcher.--The term ``eligible researcher'' means, with respect to an eligible entity, a researcher that-- (A) has demonstrated expertise in physician assistant education and faculty development; and (B) at such time and in such manner as such entity may require, provides such entity with a research proposal on improving physician assistant education and faculty development. (3) Physician assistant education.--The term ``physician assistant education'' means selecting, educating, and graduating students in accredited graduate physician assistant educational programs. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2017 through 2021.

Physician Assistant Education Public Health Initiatives Act of 2015 This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to enter into contracts to repay the student loans of physician assistants who agree to serve as: (1) faculty members for physician assistant education programs; or (2) physician assistants in health professional shortage areas, in medically underserved areas, or at health centers serving medically underserved populations. The bill extends through FY2021 programs that: (1) award grants to health professional schools to provide need-based scholarships, (2) repay the student loans of health professionals from disadvantaged backgrounds who agree to serve as faculty members at health professional schools, (3) support fellowships to increase the number of underrepresented minority faculty members at health professional schools, and (4) award grants to health professional schools to assist individuals from disadvantaged backgrounds. Support provided by HHS for the development, operation, expansion, and improvement of primary care training programs is revised and extended through FY2021. HHS must award grants to nonprofit organizations to increase research on physician assistant education.

Physician Assistant Education Public Health Initiatives Act of 2015

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) In General.--This Act may be cited as the ``Access to Emergency Medical Services Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--BIPARTISAN COMMISSION ON ACCESS TO EMERGENCY MEDICAL SERVICES Sec. 101. Establishment. Sec. 102. Duties. Sec. 103. Membership. Sec. 104. Staff and consultants. Sec. 105. Powers. Sec. 106. Report on ways to promote the effective delivery of emergency medical services. Sec. 107. Termination. Sec. 108. Authorization of appropriations. TITLE II--ADDITIONAL PAYMENTS FOR CERTAIN PHYSICIANS' SERVICES Sec. 201. Additional payments for certain physicians' services. TITLE III--HOSPITAL AND CRITICAL ACCESS REPORTING ON CERTAIN EMERGENCY DEPARTMENT INFORMATION Sec. 301. Requirement to report information on certain emergency department information as condition of Medicare participation. TITLE I--BIPARTISAN COMMISSION ON ACCESS TO EMERGENCY MEDICAL SERVICES SEC. 101. ESTABLISHMENT. There is established the United States Bipartisan Commission on Access to Emergency Medical Services (in this title referred to as the ``Commission''). SEC. 102. DUTIES. (a) In General.--The Commission shall perform the following duties: (1) Identify and examine factors (including factors described in subsection (b)) in the health care delivery, financing, and legal systems that affect the effective delivery of screening and stabilization services furnished in hospitals that have emergency departments pursuant to EMTALA. (2) Make specific recommendations to Congress, taking into account the considerations specified in subsection (c), with respect to Federal programs, policies, and financing needed to assure the availability of such screening and stabilization services and the coordination of State, local, and Federal programs for responding to disasters and emergencies. (b) Factors Considered.--For purposes of subsection (a)(1), the Commission shall examine at least the following factors, with respect to emergency departments of hospitals: (1) Crowded conditions in such emergency departments and the practice of boarding patients who require admission, or have already been admitted, to a hospital for extended periods in such departments and in the areas adjacent to such departments. (2) With respect to individuals who present at such emergency departments for the treatment of emergency medical conditions, any barriers that impede access within a reasonable period of time to screening, stabilization services, and other appropriate consultations of physicians listed by the hospital on its list of on-call physicians. (3) The potential legal and financial liability of health care professionals and providers with respect to services required to be furnished to patients under EMTALA, relating to the requirement of emergency departments to screen and appropriately treat or transfer individuals presenting themselves at the departments with emergency medical conditions and women in labor. (c) Considerations in Recommendations.--In making recommendations under subsection (a)(2), the Commission shall consider the following: (1) Any changes in Federal law that would be necessary to promote the effective delivery of emergency medical services. (2) The amount and sources of Federal funds to finance such changes. (3) The advantages and disadvantages of alternative approaches to protecting health care professionals and providers from legal and financial liability with respect to services required to be furnished to individuals under EMTALA, such as establishing Federal limits on such liability-- (A) that would supersede any conflicting State law related to such liability; and (B) which may be the same as appropriate limits on liability that are established for public health professionals. (4) The most efficient and effective manner of coordinating State, local, and Federal programs for responding to disasters and emergencies, with respect to the delivery of emergency medical services. (d) Definitions.--For purposes of this title: (1) Hospital.--The term ``hospital'' has the meaning given such term in section 1867(e)(5) of the Social Security Act (42 U.S.C. 1395dd)). (2) EMTALA.--The term ``EMTALA'' means section 1867 of the Social Security Act (42 U.S.C. 1395dd). SEC. 103. MEMBERSHIP. (a) Appointment.-- (1) The Commission shall be composed of 18 members, who shall be appointed not later than the date that is 60 days after the date of the enactment of this Act and in accordance with paragraph (2), as follows: (A) The President shall appoint six members of the Commission. (B) The Speaker of the House of Representatives, after consultation with the minority leader of the House of Representatives, shall appoint six members of the Commission. (C) The majority leader of the Senate, after consultation with the minority leader of the Senate, shall appoint six members of the Commission. (2) Of the members appointed under paragraph (1), the President, the Speaker of the House of Representatives, and the majority leader of the Senate shall each appoint as members of the commission-- (A) two individuals who represent physicians and other health care professionals who provide emergency medical services; (B) two individuals who are elected or appointed Federal, State, or local officials and who are involved in issues and programs related to the provision of emergency medical services; and (C) two health care consumer advocates. (b) Chairman and Vice Chairmen.--The Commission shall elect a chairman and four vice chairmen from among its members. (c) Terms.--Each member shall be appointed for the life of the Commission. (d) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. Any vacancy in the membership of the Commission shall be filled in the manner in which the original appointment was made and shall not affect the power of the remaining members to execute the duties of the Commission. (e) Compensation.-- (1) In general.--Members of the Commission shall serve without pay. (2) Travel expenses.--All members of the Commission shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Commission while away from their homes or regular places of business, in accordance with subchapter I of chapter 57 of title 5, United States Code. (f) Quorum.--A quorum shall consist of nine members of the Commission, except that six or more members may conduct a hearing under section 105(a). (g) Meetings.--The Commission shall meet at the call of its chairman or a majority of its members. SEC. 104. STAFF AND CONSULTANTS. (a) Staff.--The Commission may appoint and determine the compensation of such staff as may be necessary to carry out the duties of the Commission. Such appointments and compensation may be made without regard to the provisions of title 5, United States Code, that govern appointments in the competitive services, and the provisions of chapter 51 and subchapter III of chapter 53 of such title that relate to classifications and the General Schedule pay rates. (b) Consultants.--The Commission may procure such temporary and intermittent services of experts and consultants as the Commission determines to be necessary to carry out the duties of the Commission, in accordance with section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of such title. (c) Detail of Federal Employees.--Upon the request of the Commission, the head of any Federal agency is authorized to detail, without reimbursement to the agency, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of such personnel. SEC. 105. POWERS. (a) Hearings and Other Activities.--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 determines necessary to carry out its duties. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Studies by Government Accountability Office.--Upon the request of the Commission, the Comptroller General shall conduct such studies or investigations as the Commission determines to be necessary to carry out its duties. (c) Cost Estimates by Congressional Budget Office.-- (1) Duty to provide requested estimates.--Upon the request of the Commission, the Director of the Congressional Budget Office shall provide to the Commission such cost estimates as the Commission determines to be necessary to carry out its duties. (2) Reimbursement for development of cost estimates.--The Commission shall reimburse the Director of the Congressional Budget Office for expenses relating to the employment in the office of the Director of such additional staff as may be necessary for the Director to comply with requests by the Commission under paragraph (1). (d) Technical Assistance.--Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. (e) Use of Mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies, and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (f) Obtaining Information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out its duties, if the information may be disclosed under section 552 of title 5, United States Code. Upon request of the Chairman of the Commission, the head of such agency shall furnish such information to the Commission. (g) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (h) Acceptance of Donations.--The Commission may accept, use, and dispose of gifts and donations of services or property. (i) Printing.--For purposes of costs relating to printing and binding, including the costs of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. SEC. 106. REPORT ON WAYS TO PROMOTE THE EFFECTIVE DELIVERY OF EMERGENCY MEDICAL SERVICES. Not later than the date that is 18 months after the date of the enactment of this Act, the Commission shall submit to Congress a report containing its findings and recommendations described in section 102(a), including recommendations to remove any identified barriers to the effective delivery of emergency medical services in the United States and detailed recommendations for appropriate legislative initiatives to remove such barriers. SEC. 107. TERMINATION. The Commission shall terminate 30 days after the date of submission of the report required in section 106. SEC. 108. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this title. TITLE II--ADDITIONAL PAYMENTS FOR CERTAIN PHYSICIANS' SERVICES SEC. 201. ADDITIONAL PAYMENTS FOR CERTAIN PHYSICIANS' SERVICES. (a) In General.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection: ``(v) Additional Payment for Physicians' Services Furnished Pursuant to EMTALA.--In the case of physicians' services furnished on or after January 1, 2008, in the emergency department of a hospital (as defined in subsection (e)(5) of section 1867) pursuant to such section to an individual covered under the insurance program established under this part, in addition to the amount of payment that will otherwise be made for such services under this part, there shall also be paid to the physician or other person involved (or in the cases described in subparagraph (A) of section 1842(b)(6), to an employer or other entity involved) from the Federal Supplementary Trust Fund an amount equal to 10 percent of the payment amount for the services under this part (determined without regard to any additional amounts paid under subsection (m) or (u)).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to services furnished on or after January 1, 2008. TITLE III--HOSPITAL AND CRITICAL ACCESS REPORTING ON CERTAIN EMERGENCY DEPARTMENT INFORMATION SEC. 301. REQUIREMENT TO REPORT INFORMATION ON CERTAIN EMERGENCY DEPARTMENT INFORMATION AS CONDITION OF MEDICARE PARTICIPATION. (a) Requirement.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended- (1) by striking ``and'' at the end of subparagraph (U); (2) by striking the period at the end of subparagraph (V) and inserting ``, and''; and (3) by inserting after subparagraph (V) the following new subparagraph: ``(W) in the case of a hospital (as defined in section 1867(e)(5)) that has an emergency department, to report to the Secretary information in accordance with subsection (k)(1).''. (b) Reporting by Hospitals and Critical Access Hospitals of Emergency Department Information and Public Disclosure of Such Information.--Section 1866 of such Act (42 U.S.C. 1395cc) is further amended by adding at the end the following new subsection: ``(k) Reporting by Hospitals of Emergency Department Information and Public Disclosure of Such Information.-- ``(1) Annual reporting requirement.-- ``(A) In general.--For purposes of subsection (a)(1)(W), a hospital (as defined in section 1867(e)(5)) that has an emergency department shall annually submit to the Secretary a report (beginning for 2008) on the average admission period described in subparagraph (B) at such hospital for such year. ``(B) Admission period described.--The admission period described in this subparagraph, with respect to a hospital (as so defined) that has an emergency department, is the period beginning at the time of admission to the hospital of a patient who presents to such department and ending at the time at which such patient arrives at the patient's definitive inpatient destination in the hospital, which may not be an area immediately outside of the emergency department used to temporarily hold such patient until such patient arrives at the definitive inpatient destination. ``(C) Administration.--Each report submitted under subparagraph (A) shall be in such form and manner and at such time as the Secretary specifies. ``(2) Public disclosure of information.--The Secretary shall promptly post, on the official public Internet site of the Department of Health and Human Services, the information reported under paragraph (1)(A). Such information shall be set forth in a manner that promotes comparison of such information among hospitals.''. (c) Designation of Emergency Department Quality Measure.-- (1) In general.--Not later than January 1, 2010, based on information reported under section 1866(k)(1)(A) of the Social Security Act for 2008 and after consultation with experts in emergency care, inpatient critical care, hospital operations management, nursing, and other relevant disciplines, the Secretary of Health and Human Services shall-- (A) determine whether or not a quality measure described in paragraph (2) should be developed for purposes of inclusion as a performance measure required to be reported by hospitals under section 1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(viii)) or section 1833(t)(17) of such Act (42 U.S.C. 1395l(t)(17)), as added by section 109(a)(1)(B) of the Medicare Improvements and Extension Act of 2006 (division B of Public Law 109-432), as appropriate, to improve the quality of health care delivery; and (B) in the case that the Secretary determines under subparagraph (A) that such a quality measure should be developed for such inclusion, develop such a quality measure and specify the date on which such quality measure will be so included for purposes of such sections. (2) Quality measure described.--The quality measure described in this paragraph, with respect to a hospital for a year, is a measure with respect to the average admission period described in section 1866(k)(1)(B) of the Social Security Act, as added by subsection (b) at such hospital for such year.

Access to Emergency Medical Services Act of 2007 - Establishes the United States Bipartisan Commission on Access to Emergency Medical Services to: (1) identify and examine factors in the health care delivery, financing, and legal systems that affect the effective delivery of screening and stabilization services furnished in hospitals that have emergency departments pursuant to the Emergency Medical Treatment and Labor Act (EMTALA); and (2) make specific recommendations to Congress with respect to federal programs, policies, and financing needed to assure the availability of such screening and stabilization services and the coordination of state, local, and federal programs for responding to disasters and emergencies. Amends title XVIII (Medicare) of the Social Security Act to provide for additional payments for certain physicians' emergency services furnished pursuant to EMTALA. Requires critical access hospitals with an emergency department to report annually to the Secretary of Health and Human Services information on the hospital's average admission period for the year. Requires the Secretary to post the reported information promptly on the official public Internet site of the Department of Health and Human Services. Directs the Secretary, based on the information reported for 2008, to develop an emergency department quality measure, if it is determined that one should be included in the performance measures hospitals are required to report.

To amend title XVIII of the Social Security Act to improve access to emergency medical services and the quality of care furnished in emergency departments of hospitals and critical access hospitals by establishing a bipartisan commission to examine factors that affect the effective delivery of such services, by providing for additional payments for certain physician services furnished in such emergency departments, and by requiring reports on certain emergency department information as a condition of participation in the Medicare Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taunton, Massachusetts Special Resources Study Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The city of Taunton, Massachusetts, is home to 9 distinct historic districts, with more than 600 properties on the National Register of Historic Places. Included among these districts are the Church Green Historic District, the Courthouse Historic District, the Taunton Green Historic District, and the Reed and Barton Historic District. (2) All of these districts include buildings and building facades of great historical, cultural, and architectural value. (3) Taunton Green is the site where the Sons of Liberty first raised the Liberty and Union Flag in 1774, an event that helped to spark a popular movement, culminating in the American Revolution, and Taunton citizens have been among the first to volunteer for America's subsequent wars. (4) Robert Treat Paine, a citizen of Taunton, and the first Attorney General of Massachusetts, was a signer of the Declaration of Independence. (5) Taunton was a leading community in the Industrial Revolution, and its industrial area has been the site of many innovations in such industries as silver manufacture, paper manufacture, and ship building. (6) The landscaping of the Courthouse Green was designed by Frederick Law Olmsted, who also left landscaping ideas and plans for other areas in the city which have great value and interest as historical archives and objects of future study. (7) Main Street, which connects many of the historic districts, is home to the Taunton City Hall and the Leonard Block building, 2 outstanding examples of early 19th Century American architecture, as well as many other historically and architecturally significant structures. (8) The city and people of Taunton have preserved many artifacts, gravesites, and important documents dating back to 1638 when Taunton was founded. (9) Taunton was and continues to be an important destination for immigrants from Europe and other parts of the world who have helped to give Southeastern Massachusetts its unique ethnic character. SEC. 3. STUDY. The Secretary, in consultation with the appropriate State historic preservation officers, State historical societies, the city of Taunton, and other appropriate organizations, shall conduct a special resources study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System. The study shall be conducted and completed in accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)) and shall include analysis, documentation, and determinations regarding whether the historic areas in Taunton-- (1) can be managed, curated, interpreted, restored, preserved, and presented as an organic whole under management by the National Park Service or under an alternative management structure; (2) have an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use; (3) reflect traditions, customs, beliefs, and historical events that are valuable parts of the national story; (4) provide outstanding opportunities to conserve natural, historic, cultural, architectural, or scenic features; (5) provide outstanding recreational and educational opportunities; and (6) can be managed by the National Park Service in partnership with residents, business interests, nonprofit organizations, and State and local governments to develop a unit of the National Park System consistent with State and local economic activity. SEC. 4. REPORT. Not later than 3 fiscal years after the date on which funds are first made available for this Act, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings, conclusions, and recommendations of the study required under section 3. SEC. 5. PRIVATE PROPERTY. The recommendations in the report submitted pursuant to section 4 shall discuss and consider the concerns expressed by private landowners with respect to designating the certain structures referred to in this Act as a unit of the National Park System. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. Passed the House of Representatives October 4, 2004. Attest: JEFF TRANDAHL, Clerk.

Taunton, Massachusetts Special Resources Study Act - Directs the Secretary of the Interior to conduct a study and report findings, conclusions, and recommendations to specified congressional committees regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System (NPS). Requires recommendations in the report to discuss and consider the concerns expressed by private landowners with respect to designating the structures referred to in this Act as a NPS unit. Authorizes appropriations.

To direct the Secretary of the Interior to conduct a special resources study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Television Broadcasting Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Voice of America (VoA) is now implementing the NewsNow format, which broadcasts news repetitively in a continuous cycle. (2) The NewsNow format forces most VoA coverage of American thought and institutions, as required by the VoA Charter, to be accommodated within that structured news cycle. (3) The NewsNow format is insufficient to present fully the policies of the United States as clearly and effectively as the VoA Charter mandate anticipates. (4) The implementation of the VoA Charter's mandate to present United States policies has traditionally and appropriately been fulfilled by airing editorials. (5) Editorials offer the prudential and principled rationales for United States policy to radio listeners and television viewers and should not be marginalized in any VoA programming format. (6) The television program ``On the Line'' produced by the VoA is an example of a suitable vehicle for fulfilling the VoA Charter's mandate to present United States policies. (7) Television is an increasing important form of United States Government-sponsored broadcasting worldwide. (8) The Broadcasting Board of Governors plans to complete soon a merger of the Worldnet television broadcasting into VoA. (9) Explicit treatment of American thought, institutions, and policies needs to be sustained in United States Government- sponsored television broadcasting. SEC. 3. PURPOSE. The purpose of this Act is to-- (1) require the establishment of a new international television service under the Broadcasting Board of Governors to replace Worldnet and VOA-TV; and (2) ensure that international television broadcasts of the United States effectively and accurately represent the United States and its policies. SEC. 4. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Broadcasting Board of Governors. (2) Bureau.--The term ``Bureau'' means the International Broadcasting Bureau under the Board. (3) Director.--Except as otherwise provided, the term ``Director'' means the Director of the Bureau. (4) Television service.--The term ``Television Service'' means the International Television Service established under section 5. (5) VOA-TV.--The term ``VOA-TV'' means the television operations of the Voice of America within the Bureau. (6) Worldnet.--The term ``Worldnet'' means the WORLDNET Television and Film Service within the Bureau. SEC. 5. ESTABLISHMENT OF NEW INTERNATIONAL TELEVISION SERVICE. (a) Establishment.-- (1) In general.--Upon the effective date of this Act, there is established within the Bureau the International Television Service. (2) Director of international television.--The Television Service shall be headed by a Director of International Television, who shall be appointed by the Director and who shall report directly to the Director. (b) Implementation Plan.--Sixty days after the effective date of this Act, the Board shall submit a report to Congress setting forth the Board's plans for the Television Service, including-- (1) a programming plan, or strategy, or both; (2) a staffing plan to implement the Television Service; (3) a budget; and (4) a reporting relationship to the Board through the Bureau. (c) Termination of Programs.--Upon the effective date of this Act, Worldnet and VOA-TV shall terminate. (d) Prohibition.--Upon the effective date of this Act, no funds available to the Board may be obligated or expended for Worldnet or VOA-TV. SEC. 6. BROADCASTING PRINCIPLES; PROGRAMMING. (a) Broadcasting Principles.-- (1) In general.--The Television Service shall conduct all programming activities in accordance with the broadcasting principles expressed in paragraphs (1) through (3) of section 302(b) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6202(b)). (2) Allocation of resources.--The Director of International Television shall give equal weight to the implementation of each of those paragraphs in allocating budget, personnel, and other resources, in determining program schedules, and in undertaking affiliate and other placement efforts. (b) Programming.-- (1) In general.--In addition to other programs carried by the Television Service, the regular programming of the Television Service shall consist of-- (A) those programs which were produced by the Office of Policy of the Bureau before the date of enactment of this Act and which are being carried as of that date; and (B) such additional programs relating to United States policies as the Director of Policy of the Bureau, in consultation with the Director of International Television and the Director may develop. (2) Frequency of programming.--The Director, in consultation with the Director of Policy of the Bureau, shall determine the frequency with which the programs described in paragraph (1) shall be carried by the Television Service. (3) Statutory construction.--Nothing in this subsection prohibits the Director from-- (A) requiring that the programs described in paragraph (1) shall also be carried by VOA Radio and Internet; or (B) determining the frequency of such programming. SEC. 7. TRANSITION PROVISIONS. (a) Transfers From VOA-TV and Worldnet.--Upon the effective date of this Act, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with Worldnet and VOA-TV shall be transferred to the Television Service. (b) Savings Provision.--Until the effective date of this Act, Worldnet shall continue to be funded at the same level as Worldnet was funded during fiscal year 2001. (c) References.--Any reference in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to Worldnet or VOA-TV before the effective date of this Act shall, on and after such date, be deemed to refer to the Television Service. SEC. 8. EFFECTIVE DATE. The effective date of this Act is January 1, 2001.

Establishes the International Television Service within the International Broadcasting Bureau. Sets forth programming of the Television Service, including: (1) those programs which were produced by the Office of Policy of the Bureau before enactment of this Act; and (2) such additional programs relating to U.S. policies as the Director of Policy of the Bureau may develop. Terminates Worldnet and VOA-TV.

International Television Broadcasting Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Notch Adjustment Act of 1993''. SEC. 2. EXPANSION OF PERIOD OF TRANSITION; NEW ALTERNATIVE FORMULA WITH RESPECT TO SUCH PERIOD. (a) Expansion of Period of Transition.--Section 215(a)(4)(B)(i) of the Social Security Act (42 U.S.C. 415(a)(4)(B)(i)) is amended by striking ``1984'' and inserting ``1989''. (b) Establishment of New Transitional Formula.--Section 215(a) of such Act (42 U.S.C. 415(a)) is amended by adding at the end the following new paragraph: ``(8)(A) Paragraphs (1) (except for subparagraph (C)(i) thereof) and (4) do not apply to the computation or recomputation of a primary insurance amount for an individual who had wages or self-employment income credited for one or more years prior to 1979, and who was not eligible for an old-age or disability insurance benefit, and did not die, prior to January 1979, if in the year for which the computation or recomputation would be made the individual's primary insurance amount would be greater if computed or recomputed under subparagraph (B). ``(B) The primary insurance amount computed or recomputed under this subparagraph is equal to the sum of the amount which would be computed under this subsection if this paragraph were not applied, plus the product (not less than zero) derived by multiplying-- ``(i) the excess of the adjusted old-law benefit amount over the new-law benefit amount, by ``(ii) the applicable reduction factor. ``(C) For purposes of this paragraph, in the case of any individual described in subparagraph (A)-- ``(i) The term `adjusted old-law benefit amount' means the amount computed or recomputed under this subsection as in effect in December 1978 (for purposes of old-age insurance benefits in the case of an individual who becomes eligible for such benefits prior to 1989) or subsection (d) (in the case of an individual to whom such subsection applies), subject to the amendments made by section 5117 of the Omnibus Budget Reconciliation Act of 1990. ``(ii) The term `new-law benefit amount' means the amount which would be computed under this subsection if this paragraph were not applied. ``(iii)(I) The term `applicable reduction factor' means the excess of the applicable base percentage determined under subclause (II) over the applicable early retirement percentage determined under subclause (III). ``(II) The applicable base percentage determined under this subclause is the percentage provided in the following table: ``If the individual becomes eligible for old-age insurance The applicable base benefits in: percentage is: 1979......................... 40 percent 1980......................... 37 percent 1981......................... 34 percent 1982......................... 31 percent 1983......................... 25 percent 1984......................... 20 percent 1985......................... 15 percent 1986......................... 10 percent 1987......................... 5 percent 1988......................... 5 percent. ``(III) The applicable early retirement percentage determined under this subclause is the product derived by multiplying 5/12 of 1 percent by the total number of months, before the month in which the individual attains the age of 65, for which an old-age insurance benefit is payable to such individual.''. (c) Applicability of Old Provisions.--Section 215(a)(5) of such Act (42 U.S.C. 415(a)(5)) is amended-- (1) in subparagraph (A), by striking ``subject to subparagraphs (B), (C), (D), and (E),'' and inserting ``subject to subparagraphs (B), (C), (D), (E), and (F),''; and (2) by adding at the end the following new subparagraph: ``(F) In applying this section as in effect in December 1978 as provided in subparagraph (A) in the case of an individual to whom paragraph (1) does not apply by reason of paragraph (8)-- ``(i) subsection (b)(2)(C) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 65; and ``(ii) the `contribution and benefit base' (under section 230) with respect to remuneration paid in (and taxable years beginning in) any calendar year after 1981 shall be deemed to be $29,700.''. (d) Conforming Amendment.--Section 215(a)(3)(A) of such Act (42 U.S.C. 415(a)(3)(A)) is amended in the matter following clause (iii) by striking ``(4)'' and inserting ``(4) or (8)''. SEC. 3. EFFECTIVE DATE AND RELATED RULES. (a) In General.--Except as provided in subsection (c), the amendments made by this Act shall be effective as if included in the amendments made by section 201 of the Social Security Amendments of 1977. (b) Recomputation.--In any case in which an individual (under title II of the Social Security Act) is entitled, for the month in which this Act is enacted, to monthly insurance benefits under such title which were computed-- (1) under section 215 of the Social Security Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (2) under section 215 of such Act as in effect prior to January 1979 (and subsequently amended and modified) by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Secretary of Health and Human Services (notwithstanding section 215(f)(1)) of the Social Security Act) shall recompute such individual's primary insurance amount so as to take into account the amendments made by this section. (c) Prospective Applicability.--The amendments made by this Act shall apply only with respect to benefits for months after November 1993.

Social Security Notch Adjustment Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish a new alternative formula for computing the primary insurance amount (used in calculating the amount of OASDI benefits to which an individual is entitled) of workers born after 1916 and before 1927.

Social Security Notch Adjustment Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Republic of Korea Free Trade Agreement Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Economic growth in the United States has been considerably enhanced by bilateral agreements to lower barriers for United States exports. (2) Increased trade and economic growth are not ends in themselves. Trade and economic growth should encourage sustainable development, raise living standards, promote higher labor standards, and enhance the welfare and quality of life of all citizens of the United States and the Republic of Korea. (3) It is inappropriate to encourage trade by relaxing domestic environmental laws or domestic labor laws. (4) Countries that open their domestic markets, remove barriers to foreign direct investment, and promote free enterprise, empower their citizens to alleviate poverty and maintain social and environmental values. (5) The Republic of Korea has participated fully in World Trade Organization programs and policies that promote open trade. (6) At the 1996 World Trade Organization Ministerial in Singapore, the Republic of Korea reaffirmed its commitment to internationally recognized core labor standards. SEC. 3. UNITED STATES POLICY WITH RESPECT TO TRADE. It is the policy of the United States to seek the elimination of tariff and nontariff barriers in order to achieve more open market access, on a reciprocal basis, to internationally traded goods and service, through bilateral free trade agreements with like-minded countries. Such agreements should address the following: (1) National treatment and market access for agricultural and industrial products. (2) Rules for determining which goods originate in the territory of the United States and the Republic of Korea. (3) Customs procedures that facilitate trade and collection of trade statistics, while ensuring the validity of claims for preferential treatment. (4) Science-based, nondiscriminatory sanitary, phytosanitary, and technical standards, including voluntary standards. (5) Safeguard provisions for industries that have sustained, or are threatened with, serious economic injury from import surges. (6) Government procurement procedures. (7) National treatment and rights of establishment for foreign direct investors. (8) National treatment and market access for traded services, including consumption of services abroad, cross- border provision of services, rights of establishment of commercial presence, and the movement of natural persons. (9) Protection of intellectual property. (10) Transparency of legal and regulatory regimes. (11) Measures to promote electronic commerce. (12) Trade-related environmental measures, and the potential for both favorable and adverse environmental impacts. (13) Adherence to internationally recognized core labor standards. SEC. 4. NEGOTIATION OF A FREE TRADE AGREEMENT WITH THE REPUBLIC OF KOREA. Subject to section 5, the President is authorized to enter into an agreement with the Republic of Korea consistent with the policy described in section 3, and the provisions of section 151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)) shall apply with respect to a bill to implement such agreement. SEC. 5. INTRODUCTION AND FAST TRACK CONSIDERATION OF IMPLEMENTING BILL. (a) Introduction in House of Representatives and Senate.--Whenever the President submits to Congress a bill to implement a trade agreement described in section 4, the bill shall be introduced (by request) in the House of Representatives and in the Senate as described in section 151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)). (b) Permissible Content in Implementing Legislation.--A bill to implement a trade agreement described in section 4 shall contain provisions that are necessary to implement the trade agreement, and shall include trade-related labor and environmental protection standards, but may not include amendments to title VII of the Tariff Act of 1930, title II of the Trade Act of 1974, or any antitrust law of the United States. (c) Applicability of Fast Track Procedures.--Section 151 of the Trade Act of 1974 (19 U.S.C. 2191) is amended-- (1) in subsection (b)(1), by inserting ``section 5 of the United States-Republic of Korea Free Trade Agreement Act of 2001,'' after ``the Omnibus Trade and Competitiveness Act of 1988,''; and (2) in subsection (c)(1), by inserting ``or under section 5 of the United States-Republic of Korea Free Trade Agreement Act of 2001,'' after ``the Uruguay Round Agreements Act,''.

United States-Republic of Korea Free Trade Agreement Act of 2001 - Declares it to be U.S. policy to seek the elimination of tariff and nontariff barriers in order to achieve more open market access, on a reciprocal basis, to internationally-traded goods and services, through bilateral free trade agreements with like-minded countries.Authorizes the President to enter into a free trade agreement with the Republic of Korea. Requires the inclusion of trade-related labor and environmental protection standards (but prohibits amendments to title VII of the Tariff Act of 1930, title II of the Trade Act of 1974, or any U.S. antitrust laws) in any bill submitted to Congress implementing such agreement.Amends the Trade Act of 1974 to apply fast-track procedures or "trade promotion authority" (no amendments) to any implementing bill for an agreement entered under this Act.

A bill to authorize the negotiation of a Free Trade Agreement with the Republic of Korea, and to provide for expedited congressional consideration of such an agreement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Fire Safety Education Act of 2016''. SEC. 2. PURPOSE. The purpose of this Act is to help provide fire safety education and training to students attending institutions of higher education. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Fire Administration of the Federal Emergency Management Agency. (2) Eligible entity.--The term ``eligible entity'' means an institution of higher education, or consortium of institutions of higher education located in the same State, in a collaborative partnership with a nonprofit organization or a public safety department. Such a collaborative partnership may also include a social fraternity or sorority exempt from taxation under section 501(a) of the Internal Revenue Code of 1986, the active membership of which consists primarily of students enrolled at the institution or institutions. (3) Fire safety education program.--The term ``fire safety education program'' means a program that provides fire safety and prevention activities. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given to such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (5) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. ESTABLISHMENT OF THE CAMPUS FIRE SAFETY EDUCATION COMPETITIVE GRANT PROGRAM. (a) Authorization of Grant Program.--From the amounts appropriated under section 7, the Secretary, in consultation with the Administrator, shall establish a grant program to award grants, on a competitive basis, to eligible entities for-- (1) initiating, expanding, or improving fire safety education programs at institutions of higher education; and (2) increasing fire safety awareness among students enrolled at such institutions, including students living in off-campus housing. (b) Application.--To seek a grant under this Act, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Selection Priority.--In making grants under this Act, the Secretary shall give priority to eligible entities that plan to use grant funds to initiate, expand, or improve fire safety education programs that include educational material specifically prepared for students with physical, sensory, or cognitive disabilities. (d) Grant Period.--Grants under this Act shall be awarded for not longer than a 2-year period, and may be renewed for an additional 2- year period, at the Secretary's discretion. (e) Grant Size.-- (1) In general.--Subject to paragraph (2), the Secretary shall ensure that grants awarded under this Act are of sufficient size and scope to enable eligible entities to carry out all required activities and otherwise meet the purpose of this Act. (2) Maximum amount.--An eligible entity may not be awarded more than $250,000 per fiscal year under this Act. (f) Matching Requirement.--An eligible entity receiving a grant under this Act shall provide non-Federal matching funds in an amount equal to not less than 25 percent of the costs of the activities for which assistance is sought. Such non-Federal matching funds may be in cash or in kind. (g) Supplement Not Supplant.--Funds made available under this Act shall be used to supplement, not supplant, other Federal, State, or private funds that would otherwise be expended to carry out fire safety education programs. SEC. 5. REQUIRED USES OF FUNDS. (a) Required Uses of Funds.--An eligible entity receiving a grant under this Act shall use grant funds to initiate, expand, or improve a fire safety education program that-- (1) in the case of an eligible entity that is an institution of higher education, reaches, to the extent practicable, all students enrolled in the institution of higher education, including students living on-campus and off-campus; (2) is carried out in a manner to ensure maximum exposure to, increase awareness of, and effectuate change in behavior with respect to fire safety by students through-- (A) conducting outreach to students at a minimum of twice per academic year (at the beginning of the fall and spring semesters, or the equivalent); and (B) measures that provide fire safety information to any student upon the request of the student; (3) includes minimum instruction with respect to-- (A) awareness of fire behavior; (B) mechanisms of fire injury and death; (C) common ignition scenarios; (D) fire safety systems such as automatic fire sprinklers; (E) fire alarms; (F) fire extinguishers; (G) importance of means of egress; (H) fire prevention techniques that may prevent a fire from occurring (such as candle safety, cooking safety, and smoking safety); and (I) fire safety actions to be taken if a fire occurs to minimize the potential for death, injury, and property damage (such as knowing how to use a fire extinguisher, how to put out a cooking fire, calling 911, and evacuating); and (4) includes a mechanism for carrying out the evaluations described in subsection (b). (b) Evaluations.--Not later than 6 months after the end of an eligible entity's grant period, the eligible entity shall-- (1) conduct an evaluation on the effectiveness of the program carried out by the eligible entity in increasing awareness or improving fire safety behavior at such eligible entity; and (2) prepare and submit to the Secretary a report on the results of the evaluation conducted by the entity. SEC. 6. REPORTS. (a) Report to Congress.--Not later than 12 months after the date of receipt of the first report submitted pursuant to section 5(b)(2) and annually thereafter, the Secretary shall provide to Congress a report that includes the following: (1) The number and types of eligible entities receiving assistance under this Act. (2) The fire safety education programs being implemented with assistance under this Act and the costs of such programs. (3) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this Act in improving the fire safety knowledge of college students. (b) Best Practices Report.--The Secretary, in consultation with the Administrator, shall use the information provided under subsection (a) to publish a report of best practices for initiating, expanding, or improving fire safety education programs that shall be made available to all institutions of higher education and other interested parties. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $15,000,000 for each of the fiscal years 2017 through 2021.

Campus Fire Safety Education Act of 2016 This bill directs the Department of Education (ED) to establish a program to award grants, on a competitive basis, to institutions of higher education or consortiums of such institutions, in a collaborative partnership with a nonprofit organization or a public safety department (eligible entity), for: (1) initiating, expanding, or improving fire safety education programs; and (2) increasing fire safety awareness among enrolled students. ED shall give priority to institutions that plan to use funds to initiate, expand, or improve fire safety education programs that include educational material specifically prepared for students with physical, sensory, or cognitive disabilities. The bill sets forth provisions regarding grant periods and matching and other requirements. An eligible entity may not be awarded more than $250,000 per fiscal year under this bill. An eligible entity shall use grant funds to initiate, expand, or improve a fire safety education program that: reaches all enrolled students (for an institution of higher education); ensures maximum exposure to, increases awareness of, and effectuates change in behavior regarding, fire safety by students through conducting outreach to students a minimum of twice per academic year and through measures that provide fire safety information to any student upon request; includes minimum instruction regarding fire behavior, fire injury and death, ignition scenarios, fire safety systems and equipment, the importance of means of egress, fire prevention techniques, and actions to be taken if a fire occurs to minimize the potential for death, injury, and property damage; and includes a mechanism for carrying out evaluations of program effectiveness. ED shall publish a report of best practices for initiating, expanding, or improving fire safety education programs.

Campus Fire Safety Education Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Health and Safety Act of 1993''. SEC. 2. FINDINGS AND DECLARATIONS. The Congress finds and declares that-- (1) the number of privately held handguns has more than doubled--from 33,000,000 in 1973 to more than 70,000,000 today--in the past two decades alone, and the number of handguns in circulation continues to increase by 2,000,000 handguns each year; (2) handguns play a major role, disproportionate to their number in comparison with rifles and shotguns, in violent crime, intentional and accidental death, and intentional and accidental injury; (3) while the number of homicides committed with long guns has remained relatively stable, the number of handgun homicides has set new records every year since 1987, matching pace with the skyrocketing national homicide rate; (4) the number of handgun-related incidents in elementary and secondary schools has increased sharply, with significant numbers of schoolchildren in rural and urban areas reporting easy access to and frequent carrying to school of handguns; and the presence of handguns in school not only provokes worry among parents and children but also causes much needed school funds to be diverted for purchase of security equipment; (5) handgun violence places considerable strain on the national health care system and is a major contributor to its escalating costs, with at least $4,000,000,000 being spent annually on emergency care, hospitalization, follow-up care, rehabilitation, and medication; (6) handguns kept in the home are of less value than is commonly thought in defending against intruders, and they are far more likely to increase significantly the danger of a handgun fatality or injury to the inhabitants (including children) than to enhance their personal safety; (7) violent crime and injury committed with handguns constitute a burden upon and interfere with interstate and foreign commerce, and threaten the domestic tranquility of the Nation; and (8) current Federal firearms policy is wholly inadequate to counteract the social, economic, and financial costs exacted by handguns to our society. SEC. 3. AMENDMENT OF TITLE 18, UNITED STATES CODE. Chapter 44 of title 18, United States Code, is amended-- (1) by-- (A) redesignating the text of the chapter as subchapter A; (B) inserting after the chapter heading the following: ``Subchapter ``A. Firearms In General....................................... 921 ``B. Handguns.................................................. 941 ``SUBCHAPTER A--FIREARMS IN GENERAL''; and (C) striking ``this chapter'' each place it appears and inserting ``this subchapter''; and (2) by adding at the end the following new subchapter: ``SUBCHAPTER B--HANDGUNS ``Sec. ``941. Definitions. ``942. Unlawful acts. ``943. Licensing of handgun clubs. ``944. Registration of security guard services. ``945. Recordkeeping and reports; transfers to licensed handgun clubs. ``946. Voluntary delivery to law enforcement agency; reimbursement. ``947. Penalties. ``948. Regulations. ``949. Relation to other law. ``950. Severability. ``Sec. 941. Definitions ``(a) Terms Defined in Section 921.--Unless otherwise defined in subsection (b), a term used in this subchapter that is defined in section 921 has the meaning stated in that section. ``(b) Additional Terms.--As used in this subchapter: ```Handgun' means any firearm including a pistol or revolver that is designed to be fired by the use of a single hand, or any combination of parts from which such a firearm can be assembled. ```Handgun ammunition' means ammunition that is designed for use primarily in a handgun. ```Handgun club' means a club organized for bona fide target shooting with handguns. ```Licensed handgun club' means a hundgun club that is licensed under section 943. ```Registered security guard service' means a security guard service that is registered under section 944. ```Security guard service' means an entity that engages in the business of providing security guard services to the public. ``Sec. 942. Unlawful acts ``(a) Offense.--Except as provided in subsections (b) and (c), it is unlawful for a person to manufacture, import, export, sell, buy, transfer, receive, own, possess, transport, or use a handgun or handgun ammunition. ``(b) Exceptions.--Subsection (a) does not apply to-- ``(1) the Army, Navy, Air Force, Marine Corps, Coast Guard, and National Guard; ``(2) Federal, State, or local government agencies charged with law enforcement duties that require its officers to possess handguns; ``(3) registered security guard services; or ``(4) licensed handgun clubs and members of licensed handgun clubs. ``(c) Approved Transactions.--Pursuant to regulations issued by the Secretary, the Secretary may approve the manufacture, importation, sale, purchase, transfer, receipt, ownership, possession, transportation, and use of a handgun or handgun ammunition by licensed manufacturers, licensed importers, and licensed dealers as necessary to meet the lawful requirements of the persons and entities described in subsection (b). ``Sec. 943. Licensing of handgun clubs ``(a) Handgun Clubs.--Pursuant to regulations issued by the Secretary, the Secretary may issue a license to a handgun club if-- ``(1) no member of the handgun club is a person whose membership and participation in the club is in violation of State or local law; ``(2) no member of the handgun club is prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under section 922 (g) or (h); ``(3) no member of the handgun club has willfully violated this chapter or any regulations issued under this chapter; ``(4) the handgun club has not willfully failed to disclose any material information required, or has not made any false statement as to any material fact in connection with its application; ``(5) the club has been founded and operated for bona fide target shooting; and ``(6) the handgun club-- ``(A) has permanent premises from which it operates; ``(B) maintains possession and control of the handguns used by its members; ``(C)(i) has procedures and has facilities on its premises for keeping such handguns in a secure place, under the control of a designated officer of the club; or ``(ii) has made arrangements for the storage of the members' handguns in a facility of the local police department or other law enforcement agency, at all times when they are not being used for target shooting; and ``(D) meets all operational, safety, security, training, and other requirements that the Secretary may prescribe by regulation. ``(b) Revocation.--The secretary shall revoke the license of a licensed handgun club that does not continue to meet the requirements of subsection (a). ``(c) License Fee.--A licensed handgun club shall pay to the Secretary an annual license fee of $25. ``Sec. 944. Registration of security guard services ``(a) Security Guard Services.--Under regulations issued by the Secretary, the Secretary may approve the registration of a security guard service if-- ``(1)(A) the security guard service has procedures and has facilities on its premises for keeping its handguns in a secure place, under the control of a designated officer of the security guard service; or ``(B) has made arrangements for the storage of its handguns in a facility of the local police department or other law enforcement agency, at all times when such handguns are not in use for legitimate business purposes; ``(2) the security guard service has obtained all necessary State and local licenses and meet all State and local requirements to engage in the business of providing security guard service; and ``(3) the security guard service meets all operational, safety, security, training, and other requirements that the Secretary may prescribe by regulation. ``(b) Revocation.--The Secretary shall revoke the registration of a registered security guard service that does not continue to meet the requirements of subsection (a). ``(c) Registration Fee.--A registered security guard service shall pay to the Secretary an annual registration fee of $50. ``Sec. 945. Recordkeeping and reports; transfers to licensed handgun clubs ``(a) Recordkeeping.--A licensed manufacturer, licensed importer, licensed dealer, licensed handgun club or member of a licensed handgun club, or registered security guard service that sells or otherwise transfers handguns or handgun ammunition shall-- ``(1) maintain records of sales, transfers, receipts, and other dispositions of handguns and handgun ammunition in such form as the Secretary may by regulation provide; and ``(2) permit the Secretary to enter the premises at reasonable times for the purpose of inspecting such records. ``(b) Reports of Loss or Theft.--(1) A licensed handgun club or registered security guard service shall report to the Secretary a loss or theft of any handgun in its possession or the possession of one of its members of employees not later than thirty days after the loss or theft is discovered. ``(2) A report made under subsection (a) shall include such information as the Secretary by regulation shall prescribe, including the date and place of theft or loss. ``(c) Transfers to Handgun Clubs.--A person that sells or otherwise transfers a handgun to a licensed handgun club or member of a licensed handgun club shall be shipped or otherwise delivered directly to the premises of the licensed handgun club where the handgun will be kept. ``Sec. 946. Voluntary delivery to law enforcement agency; reimbursement ``(a) Delivery.--A person may at any time voluntarily deliver to any Federal, State, or local law enforcement agency designated by the Secretary a handgun owned or possessed by the person. ``(b) Disposition.--The Secretary shall arrange with each agency designated to receive handguns for the transfer, destruction, or other disposition of handguns delivered under subsection (a). ``(c) Reimbursement.--The Secretary shall pay to a person who delivers a handgun under subsection (a) on or prior to the date that is one hundred eighty days after the date of enactment of this subchapter an amount equal to the greater of-- ``(1) $25; or ``(2) the fair market value of the gun as determined by the Secretary. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to make such payments under subsection (c). Sec. 947. Penalties (a) Violation of Section 942.--(1) Except as provided in paragraph (2), a person who violates section 942 shall be fined not more than $5,000, imprisoned not more than five years, or both. ``(2) A person who voluntarily delivers a handgun under section 946(a) after the date that is one hundred eighty days after the date of enactment of this subchapter shall not be subject to criminal prosecution for possession of the handgun under any Federal, State, or local law, but shall pay to the Secretary a civil penalty in an amount determined by the Secretary, not to exceed $500. ``(b) Failure to Report Loss or Theft.--A licensed handgun club or registered security guard service that fails to report a loss or theft of a handgun as required by section 945(b)-- ``(1) in the case of a negligent failure to report or a negligent failure to discover the loss or theft, shall pay to the Secretary a civil penalty in an amount determined by the Secretary, not to exceed $1,000; and ``(2) in the case of an intentional failure to report, shall be fined not more than $5,000, its officer designated under section 943(a)(6)(C)(i) or 944(a)(1)(A) imprisoned not more than five years, or both. ``(c) Failure to Deliver to Premises of Licensed Handgun Club.--A person that sells or otherwise transfers a handgun to a licensed handgun club or member of a licensed handgun club that causes the handgun to be shipped or otherwise delivered by any means or to any place other than directly to the premises of the licensed handgun club where the handgun will be kept, in violation of section 945(c)-- ``(1) in the case of a negligent delivery to an unauthorized place, shall pay to the Secretary a civil penalty in an amount determined by the Secretary, not to exceed $1,000; and ``(2) in the case of an intentional delivery to an unauthorized place, shall be fined not more than $5,000, imprisoned not more than five years, or both. ``(d) False Statement or Representation.--(1) A person who-- ``(A) makes a false statement or representation with respect to information required by this subchapter to be kept in the records of an importer, manufacturer, dealer, or handgun club licensed under this subchapter or security guard service registered under this subchapter; or ``(B) makes a false statement or representation in applying for a handgun club license or security guard service registration under this subchapter, shall be subject to penalty under paragraph (2). ``(2)(A) In the case of a negligent making of a false statement or representation described in paragraph (1), the person shall pay to the Secretary a civil penalty in an amount determined by the Secretary, not to exceed $1,000; and ``(B) in the case of an intentional making of a false statement or representation described in paragraph (1), the person shall be fined not more than $5,000, imprisoned not more than five years, or both. ``(e) Failure to Keep or Permit Inspection of Records.--A person who fails to keep or permit inspection of records in violation of section 945(a)-- ``(1) in the case of a negligent failure to maintain records, shall pay to the Secretary a civil penalty in an amount determined by the Secretary, not to exceed $1,000; and ``(2) in the case of an intentional failure to maintain records or any failure to permit inspection of records, shall be fined not more than $5,000, and its chief executive officer or other person responsible for the failure shall be imprisoned not more than five years, or both. ``(f) Forfeiture.--Any handgun or handgun ammunition involved or used in, or intended to be used in, a violation of this subchapter or any regulation issued under this subchapter, or any violation of any other criminal law of the United States, shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms shall, so far as applicable, extend to seizures and forfeitures under this subchapter. ``Sec. 948. Regulations ``The Secretary may prescribe such regulations as the Secretary deems necessary to carry out this subchapter. ``Sec. 949. Relation to other law ``The regulation of handguns under this subchapter is in addition to the regulation of handguns under subchapter A and any other Federal, State, or local law. ``Sec. 950. Severability ``If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, the remainder of the subchapter and the application of that provision to other persons not similarly situated or to other circumstances shall not be affected thereby.''. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act shall be construed as modifying or affecting any provision of-- (1) the National Firearms Act (chapter 53 of the Internal Revenue Code of 1956); (2) section 414 of the Mutual Security Act of 1954 (22 U.S.C. 1934), relating to munitions control; or (3) section 1715 of title 18, United States Code, relating to nonmailable firearms. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Delayed Effective Date.--Sections 942 and 945 of title 18, United States Code, as added by section 3, shall take effect on the date that is one hundred and eighty days after the date of enactment of this Act. S 892 IS----2

Public Health and Safety Act of 1993 - Amends the Federal criminal code to prohibit the manufacture, import, export, sale, purchase, transfer, receipt, ownership, possession, transport, or use (manufacture) of a handgun or handgun ammunition. Makes exceptions with respect to the military, law enforcement agencies, registered security guard services, and licensed handgun clubs and members of such clubs. Authorizes the Secretary of the Treasury to approve such manufacture by licensed manufacturers, importers, and dealers as necessary to meet the lawful requirements of such persons and entities covered by the exceptions. Specifies handgun club licensing requirements. Requires: (1) the Secretary to revoke the license of any such club that does not continue to meet such requirements; and (2) such club to pay to the Secretary an annual license fee of $25. Specifies security guard service registration requirements. Requires: (1) the Secretary to revoke such registration if the service does not continue to meet such requirements; and (2) such service to pay to the Secretary an annual registration fee of $50. Sets forth provisions with respect to: (1) recordkeeping (by licensed manufacturers, importers, dealers, handgun clubs or their members and by registered security guard services that transfer handguns or handgun ammunition); (2) reports of loss or theft; and (3) transfers to handgun clubs. Authorizes the voluntary delivery to any designated Federal, State, or local law enforcement agency of a handgun owned or possessed by a person. Directs the Secretary to: (1) arrange with each such agency to receive handguns for the transfer, destruction, or other disposition of such handguns; and (2) pay to such person $25 or the fair market value of the gun. Authorizes appropriations. Sets penalties for violations of this Act. Specifies that a person who voluntarily delivers a handgun under this Act after 180 days after enactment shall not be subject to criminal prosecution for possession of the handgun, but shall pay to the Secretary a civil penalty in an amount not to exceed $500. Establishes penalties for: (1) failure to report the loss or theft of a handgun; (2) negligent and intentional deliveries to an unauthorized place; (3) false statements or representations; and (4) failure to keep, or permit inspection of, records. Provides for the forfeiture of any handgun or handgun ammunition involved or used in a violation of this Act or of any other criminal law of the United States.

Public Health and Safety Act of 1993

SECTION 1. ENHANCEMENT OF TRANSITION ASSISTANCE PROGRAM. (a) Compulsory Participation in Program.--Effective not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure the following: (1) That each member of the Armed Forces who is discharged, released, or otherwise separated from the Armed Forces participates in the Transition Assistance Program of the Department of Defense. (2) That the programs and services of the Transition Assistance Program are accessible by all members of the National Guard and the Reserves. (b) Expansion of Services Under Program.--Effective not later than one year after the date of the enactment of this Act, the Secretary shall ensure that the services provided by the Transition Assistance Program include the following: (1) Employment and training information targeted specifically at the various military grades and at the various military occupational specialties. (2) Expanded emphasis on education benefits available to former members of the Armed Forces, including educational assistance under chapter 33 of title 38, United States Code (commonly referred to as ``Post-9/11 educational assistance''). (3) Enhanced information on the other benefits available to former members of the Armed Forces through the Department of Veterans Affairs. (4) Enhanced training on financial management. (5) Dedicated computer training with TurboTap.org, the VetSuccess Internet website, the USA Jobs Internet website, and any other employment-related Internet websites the Secretary considers appropriate, including, in particular, employment- related Internet websites that focus on jobs for veterans. (6) Dedicated training targeted specifically at members of the National Guard and the Reserves, including training on employment protections and other employment matters under chapter 43 of title 38, United States Code (commonly referred to as the ``Uniformed Services Employment and Reemployment Rights Act''). (c) Reports.-- (1) Report required.--Not later than 6 months after the date of the enactment of this Act, and every six months thereafter for the following 18 months, the Secretary shall submit to the appropriate committees of Congress a report on the status of the implementation of the requirements in subsections (a) and (b). (2) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on Armed Services and the Committee on Education and Labor of the House of Representatives. SEC. 2. REPORT ON TRANSITION ASSISTANCE PROGRAM. (a) Report Required.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of Labor, submit to the appropriate committees of Congress a report on the Transition Assistance Program of the Department of Defense. (b) Elements.--The report required by subsection (a) shall include the following: (1) An analysis of the rates of employment of individuals post-separation from the Armed Forces when compared with the rates of employment of the general population annually since September 11, 2001. (2) A chronological summary of the evolution and development of the Transition Assistance Program since September 11, 2001. (3) A description of efforts to transform the Transition Assistance Program from an end-of-service transition model to a life-cycle model, in which transition is considered throughout the career of a member of the Armed Forces. (4) An analysis of current and future challenges that former members of the Armed Forces face upon entering the civilian workforce, including a survey of the following to identify strengths and shortcomings of the Transition Assistance Program in meeting such challenges: (A) A representational population of transitioning or recently separated members of the Armed Forces. (B) Employers with a history of employing retired or separating members of the Armed Forces. (C) Veterans service organizations and advocacy groups. (5) An assessment of whether the Transition Assistance Program would be more effective if it were provided to members of the Armed Forces earlier before separation. (6) A description of various options for a so-called ``check-in'' mechanism under the Transition Assistance Program in which former members contact the program three months after separation to address questions, including through the use of Internet-based programs. (7) An assessment of the quality of trainers under the Transition Assistance Program. (8) An assessment of the success of marketing the Transition Assistance Program to members of the Armed Forces. (9) Such recommendations as the Secretary of Defense considers appropriate, including recommendations for legislative action, to improve the organization, policies, consistency of quality, and efficacy of the Transition Assistance Program. (c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate; and (2) the Committee on Armed Services and the Committee on Education and Labor of the House of Representatives.

Directs the Secretary of Defense (DOD) to ensure that: (1) each member of the Armed Forces who is discharged, released, or otherwise separated from service participates in DOD's Transition Assistance Program; and (2) such Program's programs and services are also accessible by all members of the National Guard and reserves. Outlines services available under the Program, including employment and training information, available educational benefits, and financial management and computer training. Requires the Secretary to submit to the congressional defense and education committees: (1) four semiannual reports on the status of implementation of requirements under this Act; and (2) a one-time report on the Program's evolution and results.

A bill to improve the Transition Assistance Program of the Department of Defense, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shivwits Plateau National Conservation Area Establishment Act''. SEC. 2. PURPOSE. The purpose of this Act is to establish the Shivwits Plateau National Conservation Area to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the landscapes, native wildlife and vegetation, and prehistoric, historic, scenic, and traditional human values of the conservation area (including ranching, hunting, sightseeing, camping and hiking). SEC. 3. DEFINITIONS. In this Act: (1) Conservation area.--The term ``conservation area'' means the Shivwits Plateau National Conservation Area established by section 2. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. SEC. 4. ESTABLISHMENT OF SHIVWITS PLATEAU NATIONAL CONSERVATION AREA, ARIZONA. (a) In General.--There is established the Shivwits Plateau National Conservation Area in the State of Arizona. (b) Areas Included.--The Shivwits Plateau National Conservation Area shall be comprised of approximately 381,800 acres of land administered by the Secretary in Mohave County, Arizona, as generally depicted on the map entitled ``Shivwits Plateau National Conservation Area--Proposed'', numbered ____, dated ____. (c) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall submit to Congress a map and legal description of the conservation area. (2) Force and effect.--The map and legal description shall have the same force and effect as if included in this Act. (3) Public availability.--Copies of the map and legal description shall be on file and available for public inspection in-- (A) the Office of the Director of the Bureau of Land Management; and (B) the appropriate office of the Bureau of Land Management in Arizona. SEC. 5. MANAGEMENT OF CONSERVATION AREA. (a) In General.--The Secretary shall manage the conservation area in a manner that conserves, protects, and enhances all of the values specified in section 2 under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), this Act, and other applicable law. (b) Hunting and Fishing.--The Secretary shall permit hunting and fishing in the conservation area in accordance with the laws of the State of Arizona. (c) Grazing.-- (1) In general.--The Secretary shall permit the grazing of livestock in the conservation area. (2) Applicable law.--The Secretary shall ensure that grazing in the conservation area is conducted in accordance with all laws (including regulations) that apply to the issuance and administration of grazing leases on other land under the jurisdiction of the Bureau of Land Management. (d) Forest Restoration.--The Secretary shall develop and carry out forest restoration projects on Ponderosa Pine forests and Pinion- Juniper forests in the conservation area, with the goal of restoring the land in the conservation area to presettlement condition. (e) Advisory Committee.-- (1) Establishment.--The Secretary shall establish an advisory committee for the conservation area, to be known as the ``Shivwits Plateau National Conservation Area Advisory Committee'', the purpose of which shall be to advise the Secretary with respect to the preparation and implementation of the management plan required by section 6. (2) Representation.--The advisory committee shall be comprised of 9 members appointed by the Secretary, of whom-- (A) 1 shall be a grazing permittee in good standing with the Bureau of Land Management who has maintained a grazing allotment within the boundaries of the conservation area for not less than 5 years; (B) 1 shall be the chairperson of the Kaibab Band of Paiute Indians; (C) 1 shall be an individual with a recognized background in ecological restoration, research, and application, to be appointed from among nominations made by Northern Arizona University; (D) 1 shall be the Arizona State Land Commissioner; (E) 1 shall be an Arizona State Game and Fish Commissioner; (F) 1 shall be an official of the State of Utah (other than an elected official), to be appointed from among nominations made by the Arizona Strip Regional Planning Task Force; (G) 1 shall be a representative of a recognized environmental organization; (H) 1 shall be a local elected official from the State of Arizona, to be appointed from among nominations made by the Arizona Strip Regional Planning Task Force; and (I) 1 shall be a local elected official from the State of Utah, to be appointed from among nominations made by the Arizona Strip Regional Planning Task Force. (3) Terms.-- (A) In general.--A member of the advisory committee shall be appointed for a term of 3 years, except that, of the members first appointed, 3 members shall be appointed for a term of 1 year and 3 members shall be appointed for a term of 2 years. (B) Reappointment.--A member may be reappointed to serve on the advisory committee on expiration of the member's term. SEC. 6. MANAGEMENT PLAN. (a) Existing Management Plans.--The Secretary shall manage the conservation area under resource management plans in effect or the date of enactment of this Act, including the Arizona Strip Resource Management Plan, the Parashant Interdisciplinary Plan, and the Mt. Trumbull Interdisciplinary Plan. (b) Future Management Plans.-- Future revisions of management plans for the conservation area shall be adopted in compliance with the goals and objectives of this Act. SEC. 7. ACQUISITION OF LAND. (a) In General.--The Secretary may acquire State or private land or interests in land within the boundaries of the conservation area only by-- (1) donation; (2) purchase with donated or appropriated funds from a willing seller; or (3) exchange with a willing party. (b) Exchanges.-- (1) In general.--During the 2-year period beginning on the date of enactment of this Act, the Secretary shall make a diligent effort to acquire, by exchange, from willing parties all State trust lands, subsurface rights, and valid mining claims within the conservation area. (2) Inverse condemnation.--If an exchange requested by a property owner is not completed by the end of the period, the property owner that requested the exchange may, at any time after the end of the period-- (A) declare that the owner's State trust lands, subsurface rights, or valid mining claims within the conservation area have been taken by inverse condemnation; and (B) seek compensation from the United States in United States district court. (c) Valuation of Private Property.-- (1) In general.--The United States shall pay the fair market value for any property acquired under this section. (2) Assessment.--The value of the property shall be assessed as if the conservation area did not exist. SEC. 8. MINERAL ASSESSMENT PROGRAM AND RELATIONSHIP TO MINING LAWS. (a) Assessment Program.--Not later than 2 years after the date of enactment of this Act, the Secretary shall assess the oil, gas, coal, uranium, and other mineral potential on Federal land in the conservation area. (b) Peer Review.--The mineral assessment program shall-- (1) be subject to review by the Arizona State Department of Mines and Mineral Resources; and (2) shall not be considered to be complete until the results of the assessment are approved by the Arizona State Department of Mines and Mineral Resources. (c) Relation to Mining Laws.--Subject to valid existing rights, the public land within the conservation area is withdrawn from mineral location, entry, and patent under chapter 6 of the Revised Statutes (commonly known as the ``General Mining Law of 1872'') (30 U.S.C. section 21 et seq.). (d) Mineral leasing.--The Secretary shall permit the removal of-- (1) nonleasable minerals from land or an interest in land within the national conservation area in the manner prescribed by section 10 of the Act of August 4, 1939 (43 Stat. 38); and (2) leasable minerals from land or an interest in lands within the conservation area in accordance with the Act of February 25, 1920 (commonly known as the ``Mineral Lands Leasing Act of 1920'') (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.). (e) Disposition of Funds From Permits and Leases.-- (1) Receipts from permits and leases.--Receipts derived from permits and leases issued on land in the conservation area under the Act of February 25, 1920 (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), shall be disposed of as provided in the applicable Act. (2) Receipts from disposition of nonleasable minerals.-- Receipts from the disposition of nonleasable minerals within the conservation area shall be disposed of in the same manner as proceeds of the sale of public land. SEC. 9. EFFECT ON WATER RIGHTS. Nothing in this Act-- (1) establishes a new or implied reservation to the United States of any water or water-related right with respect to land included in the conservation area; or (2) authorizes the appropriation of water, except in accordance with the substantive and procedural law of the State of Arizona. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Requires the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to manage the conservation area. Permits hunting, fishing, and livestock grazing in the area. Directs the Secretary to develop and carry out forest restoration projects on Ponderosa pine and Pinion-Juniper forests in the area, with the goal of restoring the land to presettlement condition. Establishes the Shivwits Plateau National Conservation Area Advisory Committee to advise on the preparation and implementation of the management plan. Requires the Secretary to manage the conservation area under resource management plans in effect on this Act's enactment date. Describes procedures for the acquisition of State or private lands within the conservation area. Requires the Secretary to assess the oil, gas, coal, and other mineral potential on Federal land in the conservation area. Subjects the mineral assessment program to review and approval by the Arizona State Department of Mines and Mineral Resources. Withdraws public land within the conservation area from mineral location, entry, and patent under the General Mining Law of 1872. Permits the removal of minerals from the conservation area in accordance with specified existing laws. Authorizes appropriations.

Shivwits Plateau National Conservation Area Establishment Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Improving Cancer Treatment Education Act of 2016''. (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 nonexistent 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 ``(AA)''; and (2) by inserting before the semicolon at the end the following: ``, and (BB) 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 2016 This bill amends title XVIII (Medicare) of the Social Security Act to establish Medicare coverage with respect to comprehensive treatment education services for cancer patients. In addition, the bill requires the National Institutes of Health to expand, intensify, and coordinate research on cancer symptom management improvement.

Improving Cancer Treatment Education Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smart Energy and Water Efficiency Act of 2017''. SEC. 2. SMART ENERGY AND WATER EFFICIENCY MANAGEMENT PILOT PROGRAM. Subtitle A of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16191 et seq.) is amended by adding at the end the following: ``SEC. 918. SMART ENERGY AND WATER EFFICIENCY MANAGEMENT PILOT PROGRAM. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a utility; ``(B) a municipality; ``(C) a water district; ``(D) an Indian tribe or Alaska Native village; and ``(E) any other authority that provides water, wastewater, or water reuse services. ``(2) Pilot program.--The term `pilot program' means the pilot program established under subsection (b)(1). ``(b) Smart Energy and Water Efficiency Management Pilot Program.-- ``(1) In general.--The Secretary shall establish and carry out a smart energy and water efficiency management pilot program in accordance with this section. ``(2) Purpose.--The purpose of the pilot program is to award grants to eligible entities to demonstrate advanced and innovative technology-based solutions that will-- ``(A) increase the energy efficiency of water, wastewater, and water reuse systems; ``(B) improve the energy efficiency of water, wastewater, and water reuse systems to help communities across the United States make significant progress in conserving water, saving energy, and reducing costs; ``(C) support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water; and ``(D) improve energy and water conservation, water quality, and predictive maintenance of energy and water systems, through the use of Internet-connected technologies, including sensors, intelligent gateways, and security embedded in hardware. ``(3) Project selection.-- ``(A) In general.--The Secretary shall make competitive, merit-reviewed grants under the pilot program to not less than 3, but not more than 5, eligible entities. ``(B) Selection criteria.--In selecting an eligible entity to receive a grant under the pilot program, the Secretary shall consider-- ``(i) energy and cost savings anticipated to result from the project; ``(ii) the innovative nature, commercial viability, and reliability of the technology to be used; ``(iii) the degree to which the project integrates next-generation sensors, software, hardware, analytics, and management tools; ``(iv) the anticipated cost effectiveness of the project in terms of energy efficiency savings, water savings or reuse, and infrastructure costs averted; ``(v) whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale, including whether the technology can be implemented by each type of eligible entity; ``(vi) whether the technology has been successfully deployed elsewhere; ``(vii) whether the technology is sourced from a manufacturer based in the United States; and ``(viii) whether the project will be completed in 5 years or less. ``(C) Applications.-- ``(i) In general.--Subject to clause (ii), an eligible entity seeking a grant under the pilot program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be necessary. ``(ii) Contents.--An application under clause (i), at a minimum, shall include-- ``(I) a description of the project; ``(II) a description of the technology to be used in the project; ``(III) the anticipated results, including energy and water savings, of the project; ``(IV) a comprehensive budget for the project; ``(V) the names of the project lead organization and any partners; ``(VI) the number of users to be served by the project; ``(VII) a description of the ways in which the proposal would meet performance measures established by the Secretary; and ``(VIII) any other information that the Secretary determines to be necessary to complete the review and selection of a grant recipient. ``(4) Administration.-- ``(A) In general.--Not later than 300 days after the date of enactment of the Smart Energy and Water Efficiency Act of 2017, the Secretary shall select grant recipients under this section. ``(B) Evaluations.-- ``(i) Annual evaluations.--The Secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that meets performance measures and benchmarks developed by the Secretary, consistent with the purposes of this section. ``(ii) Requirements.--Consistent with the performance measures and benchmarks developed under clause (i), in carrying out an evaluation under that clause, the Secretary shall-- ``(I) evaluate the progress and impact of the project; and ``(II) assess the degree to which the project is meeting the goals of the pilot program. ``(C) Technical and policy assistance.--On request of a grant recipient, the Secretary shall provide technical and policy assistance to the grant recipient to carry out the project. ``(D) Best practices.--The Secretary shall make available to the public-- ``(i) a copy of each evaluation carried out under subparagraph (B); and ``(ii) a description of any best practices identified by the Secretary as a result of those evaluations. ``(E) Report to congress.--The Secretary shall submit to Congress a report describing the results of each evaluation carried out under subparagraph (B). ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $15,000,000, to remain available until expended.''.

Smart Energy and Water Efficiency Act of 2017 This bill amends the Energy Policy Act of 2005 to require the Department of Energy (DOE) to establish and carry out a smart energy and water efficiency management pilot program to award grants to utilities, municipalities, water districts, Indian tribes or Alaska Native villages, and other water authorities for demonstrating advanced and innovative technology-based solutions that will: increase the energy efficiency of water, wastewater, and water reuse systems; improve those systems to help communities make significant progress in conserving water, saving energy, and reducing costs; support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water; and improve energy and water conservation, water quality, and predictive maintenance of energy and water systems, through the use of Internet-connected technologies. DOE must annually evaluate each grant project and make best practices identified in the evaluations available to the public.

Smart Energy and Water Efficiency Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Americans Save Act of 2015''. SEC. 2. SAVER'S CREDIT EXPANDED. (a) Increase in Income Limits.-- (1) In general.--Section 25B(b)(1) of the Internal Revenue Code of 1986 is amended-- (A) in subparagraph (A) by striking ``$30,000'' and inserting ``$50,000'', (B) in subparagraph (B) by striking ``$30,000 but not over $32,500'' and inserting ``$50,000 but not over $60,000'', (C) in subparagraph (C) by striking ``$32,500 but not over $50,000'' and inserting ``$60,000 but not over $70,000'', and (D) in subparagraph (D) by striking ``$50,000'' and inserting ``$70,000''. (2) Conforming amendment to inflation adjustment.--Section 25B(b)(3) of such Code is amended-- (A) by striking ``2006'' in the matter preceding subparagraph (A) and inserting ``2015'', and (B) by striking ``2005'' in subparagraph (B) thereof and inserting ``2014''. (b) Adjustment of Credit Amount for Inflation.--Section 25B(a) of such Code is amended-- (1) by striking ``In the case of'' and inserting the following: ``(1) In general.--In the case of'', and (2) by adding at the end the following: ``(2) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2015, the $2,000 amount contained in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2014' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 3. RETIREMENT CONTRIBUTIONS AND SAVINGS DISREGARDED FOR CERTAIN MEANS-TESTED PROGRAMS. (a) TANF Program.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(13) Disregard of certain retirement accounts and contributions.--In determining the eligibility of an individual for assistance, or the amount of assistance payable to an individual, under a State program funded under this part, the State shall disregard any amount contributed by the individual to, and the value of-- ``(A) any funds in a plan, contract, or account, described in sections 401(a), 403(a), 403(b), 408, 408A, 457(b), and 501(c)(18) of the Internal Revenue Code of 1986 and any funds in a Federal Thrift Savings Plan account as provided in section 8439 of title 5, United States Code; ``(B) any retirement program or account included in any successor or similar provision that may be enacted and determined to be exempt from tax under the Internal Revenue Code of 1986; and ``(C) any other retirement plans, contracts, or accounts (as determined by the Secretary of Health and Human Services).''. (b) SSI Program.-- (1) Income disregard.--Section 1612(b) of such Act (42 U.S.C. 1382a(b)) is amended-- (A) by striking ``; and'' at the end of paragraph (25); (B) by striking the period at the end of paragraph (26) and inserting ``; and''; and (C) by adding at the end the following: ``(27) any amount received by the individual, to the extent that the amount is contributed by the individual to a program, plan, contract, or account referred to in section 1613(a).''. (2) Resource disregard.--Section 1613(a) of such Act (42 U.S.C. 1382b(a)) is amended-- (A) by striking ``; and'' at the end of paragraph (16); (B) by striking the period at the end of paragraph (17) and inserting ``; and''; and (C) by adding at the end the following: ``(18)(A) any funds in a plan, contract, or account, described in sections 401(a), 403(a), 403(b), 408, 408A, 457(b), and 501(c)(18) of the Internal Revenue Code of 1986 and any funds in a Federal Thrift Savings Plan account as provided in section 8439 of title 5, United States Code; ``(B) any retirement program or account included in any successor or similar provision that may be enacted and determined to be exempt from tax under the Internal Revenue Code of 1986; and ``(C) any other retirement plans, contracts, or accounts (as determined by the Commissioner of Social Security).''. (c) LIHEAP.--There shall not be included in any determination under section 2605(b)(2)(B) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(B)) of household eligibility for Low-Income Home Energy Assistance Program funds, any amount contributed to, and the value of-- (1) any funds in a plan, contract, or account, described in sections 401(a), 403(a), 403(b), 408, 408A, 457(b), and 501(c)(18) of the Internal Revenue Code of 1986 and any funds in a Federal Thrift Savings Plan account as provided in section 8439 of title 5, United States Code; (2) any retirement program or account included in any successor or similar provision that may be enacted and determined to be exempt from tax under the Internal Revenue Code of 1986; and (3) any other retirement plans, contracts, or accounts (as determined by the Secretary of Health and Human Services).

Helping Americans Save Act of 2015 Amends the Internal Revenue Code to expand eligibility for the retirement savings tax credit by increasing income eligibility limits. Allows an annual inflation adjustment to such income levels for taxable years beginning after 2015. Amends title IV, part A (Temporary Assistance for Needy Families) of the Social Security Act to allow the disregard of the value of certain retirement plans for purposes of determining eligibility for programs to assist needy families, social security disability benefits, and low-income home energy assistance.

Helping Americans Save Act of 2015

SECTION 1. SHORT TITLE; REFERENCES TO HIGHER EDUCATION ACT OF 1965. (a) Short Title.--This Act may be cited as the ``Higher Education Assistance Improvement Act''. (b) References to Higher Education Act of 1965.--Except as otherwise expressly provided, whenever in this Act an amendment or reference is expressed in terms of an amendment to, or reference to, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965. SEC. 2. ADDITIONAL PROGRAM FUNDING AUTHORIZATIONS. (a) Pell Grants.--Section 401(b)(2)(A) (20 U.S.C. 1070(b)(2)(A)) is amended by striking clauses (iv) and (v) and inserting the following: ``(iv) $7,500 for academic year 2002-2003; and ``(v) $7,900 for academic year 2003-2004,''. (b) TRIO.--Section 402A(f) (20 U.S.C. 1070a-11(f)) is amended by striking ``$700,000,000 for fiscal year 1999, and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``$1,460,000,000 for fiscal year 2002 and such sums as may be necessary for the succeeding fiscal year''. (c) GEAR UP.--Section 404H (20 U.S.C. 1070a-28) is amended by striking ``$200,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``$590,000,000 for fiscal year 2002 and such sums as may be necessary for the succeeding fiscal year''. (d) Supplemental Education Opportunity Grants.--Section 413A(b) (20 U.S.C. 1070b(b)) is amended by striking ``$675,000,000 for fiscal year 1999 and such sums as may be necessary for the 4 succeeding fiscal years'' and inserting ``$1,300,000,000 for fiscal year 2002 and such sums as may be necessary for the succeeding fiscal year''. (e) Graduate Assistance in Areas of National Need.--Section 716 (20 U.S.C. 1135e) is amended by striking ``$35,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``$62,000,000 for fiscal year 2002 and such sums as may be necessary for the succeeding fiscal year''. (f) Thurgood Marshall.--Section 721(h) (20 U.S.C. 1136(h)) is amended by striking ``$5,000,000 for fiscal year 1999 and each of the 4 succeeding fiscal years'' and inserting ``$8,000,000 for fiscal year 2002 and such sums as may be necessary for the succeeding fiscal year''. SEC. 3. ADDITIONAL APPROPRIATIONS MANDATE. It is the sense of Congress that the appropriations for the following higher education programs should be increased as follows: (1) LEAP.--The appropriations under section 415A(b)(1) (20 U.S.C. 1070c(b)(1)) should be doubled to at least $110,000,000 for fiscal year 2002 and such sums as may be necessary for the succeeding fiscal year. (2) CAMPIS.--The appropriations under section 419N(g) (20 U.S.C. 1070e(g)) should be doubled to at least $50,000,000 for fiscal year 2002 and such sums as may be necessary for the succeeding fiscal year. (3) Work-study.--The appropriations under section 441(b) (42 U.S.C. 2751(b)) should be increased to at least $1,050,000,000 for fiscal year 2002 and such sums as may be necessary for the succeeding fiscal year. (4) National health service corps scholarship and loan repayment programs.--The appropriations under sections 338A and 338B of the Public Health Service Act (42 U.S.C. 254l, 254l-1) should be doubled to at least $175,850,000 for fiscal year 2002 and such sums as may be necessary for the succeeding fiscal year. (5) Perkins loans.--The appropriations under section 461(b)(1) (20 U.S.C. 1087aa(b)(1)) should be doubled to at least $200,000,000 for fiscal year 2002 and such sums as may be necessary for the succeeding fiscal year, and the amount available under section 465 for loan cancellation should be doubled to at least $120,000,000 for fiscal year 2002 and such sums as may be necessary for the succeeding fiscal year. (6) Javits fellowships.--The appropriations under section 705 (20 U.S.C. 1134d) should be increased to at least $20,000,000 for fiscal year 2002 and such sums as may be necessary for the succeeding fiscal year. SEC. 4. LOAN FORGIVENESS. (a) Expansion of Eligibility.-- (1) Elimination of new borrower restrictions.-- (A) FFEL program.--Section 428J(b) (20 U.S.C. 1078- 10(b)) is amended by striking ``for any new borrower on or after October 1, 1998, who'' and inserting ``for any borrower who performs the qualifying service on or after October 1, 1998, and who''. (B) Federal direct loan program.--Section 460(b)(1) of such Act (20 U.S.C. 1087j(b)(1)) is amended by striking ``for any new borrower on or after October 1, 1998, who'' and inserting ``for any borrower who performs the qualifying service on or after October 1, 1998, and who''. (2) Expansion of eligible service; eliminating delay in service benefit.-- (A) FFEL program.--Section 428J(b)(1) is amended to read as follows: ``(1) has been engaged-- ``(A) in any service that qualifies for cancellation of Federal Perkins Loans under section 465(a)(2); ``(B) in full-time employment in service to economically disadvantaged individuals or communities, child and elder care services, social work, public prosecutors and defenders, and police, fire, and rescue services, as defined by the Secretary; or ``(C) in full-time employment in any service that the Secretary recognizes by regulation as providing public service that is comparable to the services described in subparagraph (A) or (B); and''. (B) Federal direct loan program.--Section 460(b)(1)(A) (20 U.S.C. 1087j(b)(1)(A)) is amended to read as follows: ``(A) has been engaged-- ``(i) in any service that qualifies for cancellation of Federal Perkins Loans under section 465(a)(2); or ``(ii) in full-time employment in service to economically disadvantaged individuals or communities, child and elder care services, social work, public prosecutors and defenders, and police, fire, and rescue services, as defined by the Secretary; ``(iii) in full-time employment in any service that the Secretary recognizes by regulation as providing public service that is comparable to the services described in clause (i) or (ii); and''. (C) Perkins loans.--Section 465(a)(2) is amended by adding after the last sentence thereof the following new sentence: ``Whenever the Secretary acts pursuant to section 428J(b)(1)(B) or (C) or 460(b)(1)(A)(ii) or (iii) to recognize by regulation or define additional services as comparable qualifying services under such sections, the Secretary shall, by regulation, recognize such services as qualifying services for purposes of this section.''. (b) Amount and Rate of Repayment.-- (1) FFEL program.--Section 428J(c) (20 U.S.C. 1078-10(c)) is amended by striking paragraph (1) and inserting the following: ``(1) Amount and rate of repayment.--The Secretary shall repay the aggregate of the loan obligation on a loan made under section 428 or 428H that is outstanding after the completion of the first complete year of qualifying service described in subsection (b)(1) for which the borrower seeks repayment under this section. Such amount shall be repaid at the rate of one- third of such amount for each of the first three years of such service.''. (2) Federal direct loan program.--Section 460(c) of such Act (20 U.S.C. 1087j(c)) is amended by striking paragraph (1) and inserting the following: ``(1) Amount and rate of repayment.--The Secretary shall cancel the aggregate of the loan obligation on a loan made under section 428 or 428H that is outstanding after the completion of the first complete year of qualifying service described in subsection (b)(1)(A). Such amount shall be canceled at the rate of one-third of such amount for each of the first three years of such service.''. (3) Perkins loans.--Section 465(a) (20 U.S.C. 1087ee(a)) is amended by striking paragraph (3)(A) and inserting the following: ``(3)(A) The percent of a loan which shall be canceled under paragraph (1) of this subsection is at the rate of 33\1/3\ percent for each of 3 years of service described in paragraph (2).''.

Higher Education Assistance Improvement Act - Amends the Higher Education Act of 1965 (HEA) to increase funds available for the provision of student financial assistance.Increases the maximum individual Pell grant amount to: (1) $7,500 for academic year 2002-2003; and (2) $7,900 for academic year 2003-2004.Increases amounts authorized to be appropriated for FY 2002 and 2003 under the HEA student assistance provisions: (1) Federal TRIO programs; (2) Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP); (3) supplemental education opportunity grants; (4) graduate assistance in areas of national need; and (5) Thurgood Marshall legal educational opportunity program.Expresses the sense of Congress that appropriations for the following higher education programs should be increased by specified amounts for FY 2002 and as necessary for FY 2003: (1) Leveraging Educational Assistance Partnership (LEAP); (2) Child Care Access Means Parents in School (CAMPIS); (3) work-study; (4) National Health Service Corps scholarship and loan repayment programs; (5) Perkins loans; and (6) Javits fellowships.Expands eligibility under the Federal Family Education Loan (FFEL), Federal direct loan, and Federal Perkins loan programs by: (1) eliminating certain new borrower restrictions; (2) expanding eligible service; and (3) eliminating delays in service benefit. Directs the Secretary of Education to repay or cancel certain amounts of loan obligations under those HEA student loan programs.

To amend the Higher Education Act of 1965 to increase the funds available for the provision of student financial assistance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Preservation Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the Federal budget has moved from surplus to deficit, causing social security trust funds financed by payroll taxes to be used to fund the deficit; (2) as a result of the return to deficit, the Treasury may have to borrow nearly $2 trillion from the social security trust funds to use for other Government expenditures over the next 10 years; (3) statements by the Secretary of the Treasury that the trust funds have ``no assets'' and the social security program is a ``pyramid game'' and by congressional leaders that the trust funds are ``empty'', a ``total fraud'', and consist of ``worthless IOUs'' cast doubt on whether social security beneficiaries can rely upon the Treasury to pay its debts to the social security trust funds; and (4) the Treasury's failure to pay its debts to the social security trust funds would result in cuts in social security benefits payments to American families as early as 2017. (b) Purposes.--The purposes of this Act are: (1) to repudiate statements made by Government leaders that the social security program has ``no assets''; (2) to require an annual Congressional vote affirming the Government's commitment to honoring its debts to the social security trust funds; (3) to require the President to explain how the Treasury will repay loans from the social security trust funds and how legislation signed by the President affects repayment; (4) to require an annual affirmation by the Secretary of the Treasury of the Government's commitment to honoring its debts to the social security trust funds; and (5) to provide Americans who have paid social security taxes with the right to bring an action in court to force the Secretary of the Treasury to honor the Government's debts to the social security trust funds. SEC. 3. REPUDIATION. To dispel any public confusion, the Congress hereby repudiates-- (1) the statements of the Secretary of the Treasury, Paul O'Neill, that the social security program is a ``pyramid game'' and that the social security trust funds have ``no assets''; and (2) the statements of congressional leaders that the social security trust funds are ``empty'', a ``total fraud'', ``a mere accounting device'', and consist of ``worthless IOUs''. SEC. 4. ANNUAL CONGRESSIONAL AFFIRMATION. No amounts borrowed from the social security trust funds may be used by the Treasury to pay for other Government expenditures in a fiscal year, unless, during the 9-month period immediately preceding the start of that fiscal year, the Congress has enacted legislation explicitly affirming that the Treasury will repay these funds. SEC. 5. ANNUAL REPORT BY THE PRESIDENT. (a) Purpose.--The purpose of the amendment made by subsection (b) is to require the President to report annually to Congress on plans for repaying the funds the Treasury has borrowed from the social security trust funds. (b) Amendment.--Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(35) the total amount the Treasury has borrowed from the social security trust funds, an explanation of the plans for repaying the amount borrowed from the social security trust funds, and an explanation of the impact any legislation the President signed into law in the preceding year will have on the plans for repaying the social security trust funds.''. SEC. 6. COMMITMENT BY THE SECRETARY OF THE TREASURY TO HONOR THE GOVERNMENT'S DEBT TO THE SOCIAL SECURITY TRUST FUNDS. Whenever the Board of Trustees of the social security trust funds submits its annual report to Congress pursuant to section 201(c) of the Social Security Act on the status of such trust funds during the preceding fiscal year and the expected operation and status during the ensuing 5 fiscal years, the Secretary of the Treasury shall submit a statement to Congress containing an affirmation that the Treasury will honor the securities in such trust funds. SEC. 7. REQUIREMENT THAT THE GOVERNMENT REPAY THE SOCIAL SECURITY TRUST FUNDS. Section 201(d) of the Social Security Act (42 U.S.C. 401(d)) is amended by inserting after the sixth sentence the following new sentence: ``Any individual who is credited with wages or self- employment income under this title may bring an action in an appropriate Federal district court to enjoin any act or practice by the Secretary of the Treasury by which the Secretary contests an obligation issued for purchase by either Trust Fund under this subsection or which constitutes a failure to provide for redemption of the obligation in accordance with the terms of such obligation or to otherwise honor the full faith and credit of the United States supporting such obligation.''. SEC. 8. GENERAL PROVISIONS. (a) Definitions.--As used in this Act-- (1) Social security trust funds.--The term ``social security trust funds'' refers to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. (2) Other government expenditures.--The term ``other Government expenditures'' means all Government expenditures other than expenditures for the old-age, survivors, and disability insurance program under title II of the Social Security Act. Such term does not include amounts expended to pay down the Government debt. (b) Interpretation.--For purposes of this Act, amounts borrowed from the social security trust funds shall be considered to be used for other Government expenditures if there is a deficit in the non-Social Security budget.

Social Security Preservation Act of 2002 - Repudiates the statements of: (1) the Secretary of the Treasury, Paul O'Neill, that the social security program (title II (Old Age, Survivors and Disability Insurance) of the Social Security Act) is a "pyramid game" and that the social security trust funds (Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund) have "no assets;" and (2) the statements of congressional leaders that the social security trust funds are "empty," a "total fraud," "a mere accounting device", and consist of "worthless IOUs."Prohibits the use by the Treasury of amounts borrowed from the social security trust funds to pay for other Government expenditures in a fiscal year, unless, during the nine month period immediately preceding the year, the Congress has enacted legislation explicitly affirming that the Treasury will repay these funds.Amends Federal law to require the President to include in each budget: (1) the total amount the Treasury has borrowed from the social security trust funds; and (2) explanations of repayment plans and the impact any legislation enacted in the preceding year will have on them.Requires the Secretary to affirm annually that the Treasury will honor the securities in such trust funds.Allows any individual credited with wages or self-employment income under Medicare to bring an action in an appropriate Federal district court to enjoin any act or practice: (1) by which the Secretary contests an obligation issued for purchase by either social security trust fund; or (2) which constitutes a failure to provide for redemption of the obligation in accordance with its terms or to otherwise honor the full faith and credit of the United States supporting such obligation.

To protect the Social Security trust funds by ensuring that the Government repays its debts to the trust funds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spending Cuts to Expired and Unnecessary Programs Act''. SEC. 2. RESCISSION OF BUDGET AUTHORITY. (a) In General.--Pursuant to the special message transmitted by the President on May 8, 2018, to the House of Representatives and the Senate proposing the rescission of budget authority under section 1012 of part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 682 et seq.), the rescissions described under subsection (b) shall take effect immediately upon the date of enactment of this Act. (b) Rescissions.--The rescissions described in this subsection are as follows: (1) Of the unobligated balances identified by the Treasury Appropriation Fund Symbol 12X1600, $148,000,000 are permanently rescinded. (2) Of the unobligated balances identified by the Treasury Appropriation Fund Symbol 12X1004, the following amounts are permanently rescinded: (A) $143,854,263 of amounts made available in section 1241(a)(5) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(5)). (B) $146,650,991 of amounts made available under the amendment made by section 2701(d) of the Food, Conservation, and Energy Act of 2008 (Public Law 110- 246). (C) $33,261,788 of amounts made available under the amendment made by section 2701(e) of the Food, Conservation, and Energy Act of 2008 (Public Law 110- 246). (D) $12,960,988 of amounts made available under the amendment made by section 2701(g) of the Food, Conservation, and Energy Act of 2008 (Public Law 110- 246). (E) $7,447,193 of amounts made available under the amendment made by section 2510 of the Food, Conservation, and Energy Act of 2008 (Public Law 110- 246). (F) $155,332,698 of amounts made available from the Commodity Credit Corporation to carry out the wetlands reserve program. (3) Of the unobligated balances identified by the Treasury Appropriation Fund Symbol 12X1072, the following amounts are rescinded: (A) $107,482,457 of amounts made available under the heading ``Emergency Conservation Activities'' in title X of the Disaster Relief Appropriations Act, 2013 (Public Law 113-2) for activities under section 403 of the Agriculture Credit Act of 1978 (Emergency Watershed Protection Program; 16 U.S.C. 2203). (B) $50,000,000 of amounts made available under the heading ``Watershed and Flood Prevention Operations'' in the Consolidated Appropriations Act, 2017 (Public Law 115-31). (4) From amounts made available under the heading ``Department of Agriculture--Rural Housing Service--Rental Assistance Program'' in the Consolidated Appropriations Act, 2017 (Public Law 115-31) that remain available until September 30, 2018, $40,000,000 are rescinded. (5) Of the unobligated balances available under the heading ``Department of Agriculture--Rural Housing Service--Rural Community Facilities Program Account'' in the Consolidated Appropriations Act, 2017 (Public Law 115-31) and prior Acts, $2,000,000 are rescinded. (6) Of the unobligated balances available under the heading ``Department of Agriculture--Rural Business-Cooperative Service--Rural Cooperative Development Grants'' in the Consolidated Appropriations Act, 2017 (Public Law 115-31) and prior Acts, $14,705,229 are rescinded. (7) Of the amounts made available under the amendments made by section 9003 of the Agricultural Act of 2014 (Public Law 113-79), $36,410,174 are rescinded. (8) Of the amounts transferred to, and merged with, the Rural Utilities Service, High Energy Cost Grants Account by the matter under the heading ``Department of Agriculture--Rural Utilities Service--Rural Water and Waste Disposal Program Account'' in the Consolidated Appropriations Act, 2017 (Public Law 115-31) and prior Acts, $13,275,855 are rescinded. (9) Of the unobligated balances available under the heading ``Department of Agriculture--Rural Utilities Service--Rural Water and Waste Disposal Program Account'' in the Consolidated Appropriations Act, 2017 (Public Law 115-31) and prior Acts, $37,000,000 are rescinded. No amounts may be rescinded under this paragraph from amounts that were designated by the Congress as an emergency or disaster relief requirement pursuant to the concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. (10) Of the unobligated balances available under the heading ``Department of Agriculture--Forest Service--Land Acquisition'' in the Consolidated Appropriations Act, 2017 (Public Law 115-31) and prior Acts that were derived from the Land and Water Conservation Fund, $16,000,000 are permanently rescinded. (11) Of the unobligated balances available under the heading ``Department of Commerce--Economic Development Administration--Economic Development Assistance Programs'' from prior year appropriations, $30,000,000 are rescinded. (12) Any unobligated balances of amounts provided by section 129 of division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329) for the cost of direct loans as authorized by section 136(d) of the Energy Independence and Security Act of 2007 (Public Law 110-140) are rescinded. (13) Of the unobligated balances made available by section 1425 of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Public Law 112-10) for the cost of loan guarantees for renewable energy or efficient end-use energy technologies under section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 15513), $160,682,760 are rescinded. (14) Any unobligated balances of amounts made available under the heading ``Department of Energy--Energy Programs-- Title 17--Innovative Technology Loan Guarantee Program'' in the American Recovery and Reinvestment Act of 2009 (Public Law 111- 5) for the cost of guaranteed loans authorized by section 1705 of the Energy Policy Act of 2005 are rescinded. (15) Of the unobligated balances available from section 301(b)(3) of Public Law 114-10 and pursuant to section 2104(m)(2)(B)(iv) of the Social Security Act, $5,149,512,000 are rescinded. (16) Of the amounts made available in section 1115A(f)(1)(B) of the Social Security Act, $800,000,000 are rescinded. (17) Of the amounts deposited in the Child Enrollment Contingency Fund for fiscal year 2018 under section 2104(n)(2) of the Social Security Act, $1,865,000,000 are permanently rescinded. (18) Of the unobligated balances available in the Nonrecurring Expenses Fund established in section 223 of division G of Public Law 110-161, $220,000,000 are rescinded. (19) Of the unobligated balances available under the heading ``Department of Housing and Urban Development--Public and Indian Housing--Public Housing Capital Fund'' in the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235), $1,192,287 are rescinded. (20) Of the unobligated balances available under the heading ``Department of Housing and Urban Development--Public and Indian Housing--Public Housing Capital Fund'' in the Consolidated Appropriations Act, 2016 (Public Law 114-113), $5,243,222 are rescinded. (21) Of the unobligated balances available under the heading ``Department of Housing and Urban Development--Public and Indian Housing--Public Housing Capital Fund'' in the Consolidated Appropriations Act, 2017 (Public Law 115-31), $31,980,121 are rescinded. (22) Of the unobligated balances available until expended under the heading ``Department of Housing and Urban Development--Public and Indian Housing--Public Housing Capital Fund'', including from prior year appropriations, $518,885 are permanently rescinded. (23) Of the unobligated balances available under the heading ``Department of Justice--Legal Activities--Assets Forfeiture Fund'', including from prior year appropriations, $106,000,000 are permanently rescinded. (24) Any unobligated balances of amounts made available under the amendment made by section 1899K(b) of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) are rescinded. (25) Of the unobligated balances available under the heading ``Bilateral Economic Assistance--Funds Appropriated to the President--Complex Crises Fund'' in the Consolidated Appropriations Act, 2017 (Public Law 115-31) and the Consolidated Appropriations Act, 2016 (Public Law 114-113), $30,000,000 are rescinded. (26) From amounts made available under the heading ``Millennium Challenge Corporation'' in the Consolidated Appropriations Act, 2017 (Public Law 115-31) and prior Acts, $52,000,000 are rescinded. (27) Of the unobligated balances available under the heading ``International Disaster Assistance'' in the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235), $252,000,000 are rescinded. (28) Of the unobligated balances available in the ``Surface Transportation Priorities'' account under Treasury Account Fund Symbol 69X0538 in the Consolidated Appropriations Act, 2010 (Public Law 111-117) or any other Act, $85,938,251 are rescinded. (29) Of the unobligated balances available under the heading ``Department of Transportation--Federal Highway Administration--Appalachian Development Highway System'' in the Department of Transportation and Related Agencies Appropriations Act, 1998 (Public Law 105-66) or any other Act, $45,240,246 are rescinded. (30) Of the unobligated balances available under the heading ``Federal-Aid Highways'' in the Department of Transportation and Related Agencies Appropriations Act, 2001 (Public Law 106-346) or any other Act, $48,019,600 are permanently rescinded. (31) Of the unobligated balances available under the heading ``Department of Transportation--Federal Railroad Administration--Capital Assistance for High Speed Rail Corridors and Intercity Passenger Rail Service'' in the Consolidated Appropriations Act, 2010 (Public Law 111-117) $53,404,128 are rescinded. (32) Of the unobligated balances available for Transit Formula Grants from fiscal year 2005 and prior fiscal years, $46,560,000 are permanently rescinded. (33) Of the unobligated balances available in the Department of the Treasury Forfeiture Fund established by the Treasury Forfeiture Fund Act of 1992 (31 U.S.C. 9705), $53,000,000 are permanently rescinded. (34) Of the unobligated balances available under the heading ``Department of the Treasury--Departmental Offices-- Community Development Financial Institutions Fund Program Account'' for the Bank Enterprise Award Program from the Consolidated Appropriations Act, 2017 (Public Law 115-31) $22,787,358 are rescinded. (35) From amounts made available to the Capital Magnet Fund for fiscal year 2018 pursuant to sections 1337 and 1339 of the Housing and Economic Recovery Act of 2008 (12 U.S.C. 4567 and 4569) $141,716,839 are permanently rescinded. (36) Of the unobligated balances available in the ``National Service Trust'' established in section 102 of the National and Community Service Trust Act of 1993, $150,000,000 are permanently rescinded. (37) Of the amounts made available under the amendments made by section 9 of the Worker, Homeownership, and Business Assistance Act of 2009 (Public Law 111-92), $132,612,397 are rescinded.

Spending Cuts to Expired and Unnecessary Programs Act This bill rescinds approximately $15 billion in budget authority over 2018-2028 that was proposed to be rescinded by the President under procedures included in the Impoundment Control Act of 1974. (A rescission is legislation enacted by Congress that cancels the availability of previously enacted budget authority before the authority would otherwise expire. Under current law, the President may propose rescissions to Congress, which must be enacted into law to take effect. Congress may rescind all, part, or none of the amounts proposed by the President. If Congress does not pass rescission legislation within 45 days of continuous session of Congress, the President must make the funds available.) The bill rescinds budget authority from specified programs and accounts within: the Department of Agriculture, the Department of Commerce, the Department of Energy, the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Justice, the Department of Labor, the Department of State, the Millennium Challenge Corporation, the U.S. Agency for International Development. the Department of Transportation, the Department of the Treasury, the Corporation for National and Community Service, and the Railroad Retirement Board.

Spending Cuts to Expired and Unnecessary Programs Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Targeted Tax Lien Act of 2010''. SEC. 2. MODIFICATIONS TO LIEN NOTICE FILING PROCEDURES. (a) In General.--Section 6323 of the Internal Revenue Code of 1986 (relating to validity and priority of tax liens against certain persons) is amended by adding at the end the following new subsection: ``(k) Required Procedures Before Filing Notice of Lien.-- ``(1) Secretarial determination.-- ``(A) In general.--The Secretary may not file a notice of lien with respect to any taxpayer unless-- ``(i) the lien attaches to distrainable property, and ``(ii) weighing all facts and circumstances pertaining to the collection of a taxpayer's delinquent tax assessment, the Secretary determines that-- ``(I) the benefit to the Federal Government of the filing outweighs the harm to the taxpayer, and ``(II) the filing will not jeopardize the taxpayer's prospective ability-- ``(aa) to comply with the internal revenue laws, and ``(bb) if the taxpayer is an otherwise viable business taxpayer, to continue to secure funding to maintain business operations. ``(B) Factors to consider.--In making the determination under subparagraph (A)(ii), the Secretary shall consider-- ``(i) the amount due, ``(ii) the lien filing fee, ``(iii) the value of the taxpayer's equity in the property or rights to property, ``(iv) the taxpayer's tax compliance history, ``(v) extenuating circumstances, if any, that explain the delinquency, and ``(vi) the effect of the filing on the taxpayer's ability to obtain financing, generate future income, and pay current and future tax liabilities. ``(2) Taxpayer appeal prior to filing.--The Secretary may not file a notice of lien with respect to any taxpayer unless-- ``(A) the Secretary notifies the taxpayer that the Secretary has determined to file such a notice with respect to the taxpayer, and ``(B) the taxpayer is afforded an opportunity to appeal such determination to the Internal Revenue Service Office of Appeals. The Secretary shall make reasonable efforts to provide the notice under subparagraph (A) by telephone or direct personal contact. ``(3) Supervisory approval required for liens in certain cases.-- ``(A) In general.--In any case to which this paragraph applies, a notice of lien may not be filed unless the immediate supervisor (or such higher level official as the Secretary may designate) of the individual making the initial determination under paragraph (1) has individually reviewed and approved such determination. ``(B) Cases to which paragraph applies.--This paragraph shall apply in any case in which-- ``(i) the collection of the liability would create an economic hardship within the meaning of section 6343(a)(1)(D), ``(ii) the taxpayer has no equity in assets, or ``(iii) there has been no personal contact with the taxpayer to discuss collection alternatives, including an offer in compromise and partial payment installment agreement.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. MODIFICATION OF REQUIREMENTS RELATING TO TAX LIEN INFORMATION CONTAINED IN CONSUMER CREDIT REPORTS. (a) In General.--Paragraph (3) of section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)(3)) (relating to information contained in consumer reports) is amended to read as follows: ``(3) Tax liens.--The following tax liens: ``(A) Any tax lien released pursuant to section 6325(a) of the Internal Revenue Code of 1986 not more than 2 years after the date that the notice of such lien was filed. ``(B) Any tax lien released pursuant to section 6325(a) of such Code-- ``(i) more than 2 years after the date that the notice of such lien was filed, and ``(ii) more than 2 years before the report. ``(C) Any tax lien if-- ``(i) the notice of such lien was not refiled during the required refiling period (as defined in section 6325(g)(3) of such Code), and ``(ii) such period ends more than 6 years before the report. ``(D) Any tax lien the notice of which is withdrawn pursuant to section 6323(j)(1) of such Code. ``(E) Any tax lien released pursuant to section 6326(b) of such Code if the notice of such lien was erroneously filed.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

Targeted Tax Lien Act of 2010 - Amends the Internal Revenue Code to require the Secretary of the Treasury to determine, prior to filing a notice of tax lien for unpaid taxes, that: (1) the lien attaches to distrainable property; (2) the benefit to the government of filing such lien outweighs the harm to the taxpayer; and (3) the filing of such lien will not jeopardize the taxpayer's prospective ability to comply with tax laws or an otherwise viable business taxpayer's prospective ability to secure funding to maintain business operations. Amends the Fair Credit Reporting Act to limit the period in which certain released or erroneously filed federal tax liens may be reported on a consumer 's credit report.

To amend the Internal Revenue Code of 1986 to require certain determinations before the filing of all notices of Federal tax liens and supervisory approval before the filing of certain notices of Federal tax liens, and for other purposes.