FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Grasslands Management Act of 1996''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the inclusion of the National Grasslands within the National Forest System has prevented the Secretary of Agriculture from effectively administering and promoting grassland agriculture on National Grasslands as originally intended under the Bankhead-Jones Farm Tenant Act; (2) the National Grasslands can be more effectively managed by the Secretary of Agriculture if administered as a separate entity outside of the National Forest System; and (3) a grazing program on National Grasslands can be responsibly carried out while protecting and preserving sporting, recreational, environmental, and other multiple uses of the National Grasslands. (b) Purpose.--The purpose of this Act is to provide for improved management and more efficient administration of grazing activities on National Grasslands while preserving and protecting multiple uses of such lands, including but not limited to preserving sportsmen's hunting and fishing and other recreational activities, and protecting wildlife and wildlife habitat in accordance with applicable laws. SEC. 3. DEFINITIONS. As used in this Act, the term-- (1) ``National Grasslands'' means those areas managed as National grasslands by the Secretary of Agriculture under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1012) on the day before the date of enactment of this Act; and (2) ``Secretary'' means the Secretary of Agriculture. SEC. 4. REMOVAL OF NATIONAL GRASSLANDS FROM NATIONAL FOREST SYSTEM. Section 11(a) of the Forest Rangeland Renewable Resource Planning Act of 1974 (16 U.S.C. 1609(a)) is amended by striking the phrase ``the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (50 Stat. 525, 7 U.S.C. 1010-1012)''. SEC. 5. MANAGEMENT OF NATIONAL GRASSLANDS. (a) In General.--The Secretary, acting through the Chief of the Forest Service, shall manage the National Grasslands as a separate entity in accordance with this Act and the provisions and multiple use purposes of title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1012). (b) Consultation.--The Secretary shall provide timely opportunities for consultation and cooperation with interested State and local government entities, and other interested individuals and organizations in the development and implementation of land use policies and plans, and land conservation programs for the National Grasslands. (c) Grazing Activities.--In furtherance of the purposes of this Act, the Secretary shall administer grazing permits and implement grazing management decisions in consultation, cooperation, and coordination with local grazing associations and other grazing permit holders. (d) Regulations.--The Secretary shall promulgate regulations to manage and protect the National Grasslands, taking into account the unique characteristics of the National Grasslands and grasslands agriculture conducted under the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010). Such regulations shall facilitate the efficient administration of grazing and provide protection for the environment, wildlife, wildlife habitat, and Federal lands equivalent to that in the National Forest System on the day prior to the date of enactment of the Act. (e) Conforming Amendment to Bankhead-Jones Act.--Section 31 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010) is amended to read as follows: ``To accomplish the purposes of title III of this Act, the Secretary is authorized and directed to develop a separate program of land conservation and utilization for the National Grasslands, in order thereby to promote grassland agriculture and secure occupancy and economic stability of farms and ranches, control soil erosion, promote reforestation, preserve and protect natural resources, protect fish and wildlife and their habitat, develop and protect recreational opportunities and facilities, mitigate floods, prevent impairment of dams and reservoirs, develop energy resources, conserve surface and substance moisture, protect the watersheds of navigable streams, and protect the public lands, health, safety and welfare, but not to build industrial parks or commercial enterprises.''. (f) Hunting and Fishing, and Other Recreational Activities.-- Nothing in this Act shall be construed as limiting or precluding hunting or fishing activities on National Grasslands in accordance with applicable Federal and State laws, nor shall appropriate recreational activities be limited or precluded. (g) Valid Existing Rights.--Nothing in this Act shall affect valid existing rights, reservations, agreements, or authorizations. Section 1323(a) of Public Law 96-487 shall continue to apply to non-Federal land and interests therein within the boundaries of the National Grasslands. (h) Fees and Charges.--Fees and charges for livestock grazing on the National Grasslands shall be determined in the same manner and according to the same formula as we used for livestock grazing on the National Grasslands during the 1996 grazing year. The Secretary may adjust the grazing fee to compensate for approved conservation practices and administrative expenditures.

National Grasslands Management Act of 1996 - Amends the Forest Rangeland Renewable Resource Planning Act of 1974 to remove the National Grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (such Act) from the National Forest System (NFS). Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to manage the National Grasslands as a separate entity and in accordance with this Act and the provisions and multiple use purposes of such Act. Requires the Secretary to administer grazing permits and implement grazing management decisions in consultation, cooperation, and coordination with local grazing associations and other grazing permits. Requires fees and charges for livestock grazing on the National Grasslands to be determined in the same manner and according to the same formula that was used for such grazing during the 1996 grazing year. Allows the Secretary to adjust the grazing fee to compensate for approved conservation practices and administrative expenditures.

National Grasslands Management Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Professions and Primary Care Reinvestment Act''. SEC. 2. EDUCATION AND TRAINING FOR DELIVERY SYSTEM REFORM. (a) Medical Home Training.--Section 747(a) of the Public Health Service Act (42 U.S.C. 293k(a)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (6) the following: ``(7) to plan, develop, and operate a demonstration program that provides training in new competencies, as recommended by the Advisory Committee on Training in Primary Care Medicine and Dentistry, which may include-- ``(A) providing training to primary care providers relevant to providing care through patient-centered medical homes (as defined by the Secretary for purposes of this paragraph, taking into account the criteria of the National Committee for Quality Assurance and other certifying entities); ``(B) developing tools and curricula relevant to patient-centered medical homes; and ``(C) providing continuing education relevant to patient-centered medical homes.''. (b) Priorities of Delivery System Reform.--Section 747 of the Public Health Service Act (42 U.S.C. 293k) is amended by striking subsection (c) and inserting the following: ``(c) Priorities in Making Awards.--In awarding grants or contracts under this section, the Secretary shall give priority to qualified applicants that-- ``(1) have a record of training the greatest percentage of providers, or that have demonstrated significant improvements in the percentage of providers trained, who enter and remain in primary care practice; ``(2) have a record of training individuals who are from underrepresented minority groups or from a rural or disadvantaged background; ``(3) provide training in the care of vulnerable populations such as children, older adults, homeless individuals, victims of abuse or trauma, individuals with mental health or substance-related disorders, individuals with HIV/AIDS, and individuals with disabilities; ``(4) establish formal relationships and submit joint applications with federally qualified health centers, rural health clinics, area health education centers, or clinics located in underserved areas or that serve underserved populations; ``(5) provide training in interdisciplinary, integrated care through collaboration among health professionals, including physician assistants, nurse practitioners, pharmacists, dentists, geriatricians, and mental and behavioral health professionals; ``(6) provide training in enhanced communication with patients, evidence-based practice, chronic disease management, preventive care, health information technology, or other competencies as recommended by the Advisory Committee on Training in Primary Care Medicine and Dentistry; or ``(7) provide training in cultural competency and health literacy.''. (c) Other Amendments.--Section 747 of the Public Health Service Act (42 U.S.C. 293k) is amended-- (1) in subsection (d)-- (A) by striking ``subsection (a) may not exceed'' and inserting ``this section shall be''; and (B) by striking the second sentence; and (2) by striking subsection (e) and inserting the following: ``(e) Authorization of Appropriations.--For purposes of carrying out this section, there are authorized to be appropriated $125,000,000 for each of fiscal years 2010 through 2014. Fifteen percent of the amount appropriated in each such fiscal year shall be allocated to the physician assistant training programs described in subsection (a)(5), which prepare students for practice in primary care.''. SEC. 3. HEALTH WORKFORCE INFORMATION AND ANALYSIS. (a) In General.--Section 761 of the Public Health Service Act (42 U.S.C. 294m) is amended-- (1) by redesignating subsection (c) as subsection (e); (2) by striking subsection (b) and inserting the following: ``(b) National Center for Health Workforce Analysis.-- ``(1) Establishment.--The Secretary shall establish the National Center for Health Workforce Analysis (referred to in this section as the ``National Center'') within the Department of Health and Human Services. ``(2) Purposes.--The purposes of the National Center are to-- ``(A) carry out the activities under section 792(a); and ``(B) collect, analyze, and report data related to health workforce issues in coordination with the State and Regional Centers for Health Workforce Analysis described in subsection (c) (referred to in this section as the ``State and Regional Centers''). ``(3) Functions.--The National Center shall-- ``(A) annually evaluate the effectiveness of programs under this title, based on data reported by recipients of contracts or grants under this title, data collected from the State and Regional Centers described in subsection (c), and analyses conducted under paragraph (4); ``(B) develop and publish benchmarks for performance for programs under this title; ``(C) regularly produce and report to the relevant committees of Congress estimates of the supply, demand, and distribution of health professionals, such as physicians, dentists, nurses, physician assistants, pharmacists, mental and behavioral health professionals, public health workers, and long-term care workers, as appropriate; ``(D) establish, maintain, and make publicly available through the Internet a national health workforce database to collect data from-- ``(i) longitudinal tracking systems (as defined in section 761(d)(2)) on performance measures (as developed under sections 748(d)(3), 756(d)(3), and 762(a)(3)); and ``(ii) the State and Regional Centers described in subsection (c); ``(E) establish and maintain a registry of each grant awarded under this title, including data on the project director, the institution, the type and year of the award, and the residency, fellowship, or internship program, as appropriate; and ``(F) biennially submit to the relevant committees of Congress a report on the activities of the National Center during the previous 2-year period. ``(4) Collaboration and data sharing.-- ``(A) In general.--The National Center shall collaborate with Federal agencies, health professions education organizations, health professions organizations, and professional medical societies for the purpose of linking data regarding grants awarded under this title with 1 or more of the following: ``(i) Data maintained by the Centers for Medicare & Medicaid Services. ``(ii) Data on participation in the National Health Service Corps. ``(iii) Data sets maintained by health professions education organizations, health professions organizations, or professional medical societies. ``(iv) Other data sets, as the Secretary determines appropriate. ``(B) Contracts for health workforce analysis.--For the purpose of carrying out the activities described in subparagraph (A), the National Center may enter into contracts with health professions education organizations, health professions organizations, or professional medical societies. ``(c) State and Regional Centers for Health Workforce Analysis.-- ``(1) In general.--The Secretary shall award grants to, or enter into contracts with, eligible entities for purposes of-- ``(A) collecting, analyzing, and reporting to the National Center data regarding programs under this title and data related to health workforce issues; ``(B) conducting, broadly disseminating, and making publicly available through the Internet research and reports on State, regional, and national health workforce issues, including research on the supply, demand, and distribution of health professionals; ``(C) evaluating the effectiveness of programs under this title and other policies related to health workforce issues; and ``(D) providing technical assistance to local and regional entities on the collection, analysis, and reporting of data related to health workforce issues. ``(2) Eligible entities.--To be eligible for a grant or contract under this subsection, an entity shall-- ``(A) be a State, a State workforce commission, a public health or health professions school, an academic health center, or an appropriate public or private nonprofit entity or a partnership of such entities; and ``(B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(d) Increase in Grants for Longitudinal Tracking Systems.-- ``(1) In general.--The Secretary shall increase the amount of a grant or contract awarded to an eligible entity under this title for the establishment and maintenance of a longitudinal tracking system.''. ``(2) Definition.-- ``(A) In general.--For purposes of paragraph (1), the term `longitudinal tracking system' means a system that tracks students, residents, fellows, interns, or faculty who have received education, training, or financial assistance from programs under this title over a period of not less than 5 years, as specified by the Secretary. ``(B) Capability.--A longitudinal tracking system shall be capable of-- ``(i) tracking participation in the National Health Service Corps, practice in federally qualified health centers, practice in health professional shortage areas and medically underserved areas, and practice in primary care; and ``(ii) collecting and reporting data on performance measures developed under sections 748(d)(3), 756(d)(3), and 762(a)(3). ``(C) Guidelines.--A longitudinal tracking system shall comply with guidelines issued under sections 748(d)(4), 756(d)(4), and 762(a)(4). ``(3) Eligible entities.--To be eligible to obtain an increase under this section, an entity shall be a recipient of a grant or contract under this title and have not previously received an increase under this section.''; and (3) in subsection (e), as so redesignated-- (A) by striking paragraph (1) and inserting the following: ``(1) In general.-- ``(A) National center for health workforce analysis.--To carry out subsection (b), there are authorized to be appropriated $1,000,000 for each of fiscal years 2010 through 2014, and such sums as may be necessary for each subsequent fiscal year. ``(B) State and regional centers.--To carry out subsection (c), there are authorized to be appropriated $4,500,000 for each of fiscal years 2010 through 2014, and such sums as may be necessary for each subsequent fiscal year. ``(C) Grants for longitudinal tracking systems.--To carry out subsection (d), there are authorized to be appropriated such sums as may be necessary for fiscal years 2010 through 2014. ``(D) Carryover funds.--An entity that receives an award under this section may carry over funds from 1 fiscal year to another without obtaining approval from the Secretary. In no case may any funds be carried over pursuant to the preceding sentence for more than 3 years.''; and (B) in paragraph (2), by striking ``subsection (a)'' and inserting ``paragraph (1)''. (b) Transfer of Functions.--Not later than 180 days after the date of enactment of this Act, all of the functions, authorities, and resources of the National Center for Health Workforce Analysis of the Health Resources and Services Administration, as in effect on the date before the date of enactment of this Act, shall be transferred to the National Center for Health Workforce Analysis established under section 761 of the Public Health Service Act, as amended by subsection (a). (c) Preference for Use of Longitudinal Tracking Systems.--Section 791(a)(1) of the Public Health Service Act (42 U.S.C. 295j(a)(1)) is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(C) utilizes a longitudinal tracking system (as defined in section 761(d)(2)) and reports data from such system to the national workforce database (as established under section 761(b)(3)(D)).''. (d) Performance Measures; Guidelines for Longitudinal Tracking Systems.-- (1) Advisory committee on training in primary care medicine and dentistry.--Section 748(d) of the Public Health Service Act (42 U.S.C. 293l(d)) is amended-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(3) not later than 3 years after the date of enactment of the Health Professions and Primary Care Reinvestment Act, develop, publish, and implement performance measures, which shall be quantitative to the extent possible, for programs under this part; ``(4) develop and publish guidelines for longitudinal tracking systems (as defined in section 761(d)(2)) for programs under this part; and ``(5) recommend appropriation levels for programs under this part.''. (2) Advisory committee on interdisciplinary, community- based linkages.--Section 756(d) of the Public Health Service Act (42 U.S.C. 294f(d)) is amended-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(3) not later than 3 years after the date of enactment of the Health Professions and Primary Care Reinvestment Act, develop, publish, and implement performance measures, which shall be quantitative to the extent possible, for programs under this part; ``(4) develop and publish guidelines for longitudinal tracking systems (as defined in section 761(d)(2)) for programs under this part; and ``(5) recommend appropriation levels for programs under this part.''. (3) Advisory council on graduate medical education.-- Section 762(a) of the Public Health Service Act (42 U.S.C. 294o(a)) is amended-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(3) not later than 3 years after the date of enactment of the Health Professions and Primary Care Reinvestment Act, develop, publish, and implement performance measures, which shall be quantitative to the extent possible, for programs under this title, except for programs under part C or D; ``(4) develop and publish guidelines for longitudinal tracking systems (as defined in section 761(d)(2)) for programs under this title, except for programs under part C or D; and ``(5) recommend appropriation levels for programs under this title, except for programs under part C or D.''.

Health Professions and Primary Care Reinvestment Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services (HHS) to make grants to hospitals, medical schools, and other entities to train primary care providers to provide care through patient-centered medical homes and to develop tools and curricula and provide continuing education relevant to patient-centered homes. Requires the Secretary to: (1) establish the National Center for Health Workforce Analysis (National Center) to collect, analyze, and report data related to health workforce issues in coordination with the State and Regional Centers for Health Workforce Analysis; (2) award grants to, or enter into contracts with, states, state workforce commissions, and other health care entities to collect, analyze, and report to the National Center data on programs related to health workforce issues; and (3) increase the amount of grants or contracts awarded for the establishment and maintenance of a longitudinal tracking system (a system that tracks students, residents, fellows, interns, or faculty who have received education, training, or financial assistance from Health Professions Education and Training programs for at least five years). Requires the Advisory Committee on Interdisciplinary, Community-Based Linkages and the Advisory Council on Graduate Medical Education to develop, publish, and implement performance measures for health professions education programs.

A bill to amend title VII of the Public Health Service Act to provide improved training and primary care.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Front Range Roadless Area Protection Act''. SEC. 2. PROTECTED ROADLESS AREAS. (a) Areas Designated.--Subject to the requirements of subsection (c), the following lands within the Arapaho and Roosevelt National Forests in Colorado shall be managed as protected roadless areas: (1) Indian peaks wilderness adjacent areas.-- (A) Certain lands in the Roosevelt National Forest comprising approximately 10,804 acres, as generally depicted on a map entitled ``Indian Peaks Adjacent Area Unit C'' dated July 2000, and which shall be known as ``South St. Vrain Protected Roadless Area''. (B) Certain lands in the Roosevelt National Forest comprising approximately 1,085 acres, as generally depicted on a map entitled ``Indian Peaks Adjacent Area Unit A'' dated July 2000, and which shall be known as ``Fourth of July Protected Roadless Area''. (C) Certain lands in the Roosevelt National Forest comprising approximately 844 acres, as generally depicted on a map entitled ``Indian Peaks Adjacent Area Unit D'' dated July 2000, and which shall be known as ``Rainbow Lakes Protected Roadless Area''. (2) Mount evans wilderness adjacent areas.-- (A) Certain lands in the Arapaho National Forest comprising approximately 5,741 acres as generally depicted on a map entitled ``Mount Evans Adjacent Area Unit A'' dated July 2000, and which shall be known as ``South Chicago Creek Protected Roadless Area''. (B) Certain lands in the Arapaho National Forest comprising approximately 717 acres as generally depicted on a map entitled ``Mount Evans Adjacent Area Unit B'' dated July 2000, and which shall be known as ``Mount Goliath Protected Roadless Area''. (C) Certain lands in the Arapaho National Forest comprising approximately 1,038 acres as generally depicted on a map entitled ``Mount Evans Adjacent Area Unit C'' dated July 2000, and which shall be known as ``Chief Mountain Protected Roadless Area''. (D) Certain lands in the Arapaho National Forest comprising approximately 2,787 acres as generally depicted on a map entitled ``Mount Evans Adjacent Area Unit D'' dated July 2000, and which shall be known as ``Bear Creek Protected Roadless Area''. (3) Vasquez peak wilderness adjacent areas.--Certain lands in the Arapaho National Forest comprising approximately 6,133 acres as generally depicted on a map entitled ``Vasquez Adjacent Area'' dated July 2000, and which shall be known as ``Jones Pass Protected Roadless Area''. (4) Other areas.-- (A) Certain lands in the Arapaho National Forest comprising approximately 25,382 acres as generally depicted on a map entitled ``Bard Creek'' dated July 2000, and which shall be known as ``Bard Creek Protected Roadless Area''. (B) Certain lands in the Arapaho National Forest comprising approximately 8,317 acres as generally depicted on a map entitled ``Mt. Sniktau'' dated July 2000, and which shall be known as ``Mt. Sniktau Protected Roadless Area''. (C) Certain lands in the Roosevelt National Forest comprising approximately 11,718 acres as generally depicted on a map entitled ``North St. Vrain'' dated July 2000, and which shall be known as ``North St. Vrain Protected Roadless Area''. (D) Certain lands in the Arapaho National Forest comprising approximately 6,444 acres as generally depicted on a map entitled ``Square Top Mtn.'' dated July 2000, and which shall be known as ``Square Top Mountain Protected Roadless Area''. (b) Maps and Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and a boundary description of each of the areas designated as protected roadless areas in subsection (a). Such maps and boundary descriptions shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. (c) Management.--The lands identified in subsection (a) shall be managed and administered by the Secretary of Agriculture in the same manner as lands included in the ``recommended for wilderness'' category for management direction in the 1997 Revision of the Land and Resource Management Plan for the Arapaho and Roosevelt National Forests and the Pawnee National Grasslands so as to maintain their presently existing roadless character and potential for inclusion in the National Wilderness Preservation System until Congress determines otherwise. Notwithstanding the preceding sentence, with respect to the grazing of livestock, such lands shall be managed according to the laws generally applicable to the National Forest System. (d) Report.--Not later than 3 years following the date of the enactment of this Act, the Secretary of Agriculture shall report to Congress recommendations on the suitability or unsuitability of the lands identified in subsection (a) for inclusion in the National Wilderness Preservation System and such other recommendations as the Secretary may wish to make regarding management of such lands.

Northern Front Range Roadless Area Protection Act - Requires specified lands within the Arapaho and Roosevelt National Forests in Colorado to be managed by the Secretary of Agriculture as protected roadless areas. Requires a report from the Secretary concerning such lands' suitability for inclusion in the National Wilderness Preservation System.

To provide interim protection for certain roadless areas in the Arapaho and Roosevelt National Forests in Colorado, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thurgood Marshall Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 1 dollar coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act in a manner authorized under section 5116(b) of title 31, United States Code. 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 tenure of Associate Justice Thurgood Marshall on the Supreme Court of the United States. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year in which the coin is first issued; 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 Supreme Court Historical Society, the family of the late Thurgood Marshall, and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning 90 days after the enactment of this Act. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Historical Preservation Committee of the Supreme Court Historical Society for the purpose of collecting and preserving the physical history of the Supreme Court, including-- (1) research on the history of the entire judicial branch of the Federal Government; (2) the acquisition of objects and documents relating to the events associated with the Supreme Court of the United States in the course of the Court's history; and (3) the acquisition and preservation of documents, portraits, and period furnishings of historical significance affecting the history of the Supreme Court for the inspiration and benefit of the people of the United States. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Supreme Court Historical Society as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

Thurgood Marshall Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 500,000 one dollar coins which shall be emblematic of the tenure of Supreme Court Associate Justice Thurgood Marshall.Requires all surcharges from the sale of such coins to be paid to the Historical Preservation Committee of the Supreme Court Historical Society for the purpose of collecting and preserving the physical history of the Supreme Court.

To require the Secretary of the Treasury to mint coins in commemoration of Associate Justice Thurgood Marshall.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Black-Market Elimination Act''. TITLE I--SANCTIONS FOR NUCLEAR ENRICHMENT AND REPROCESSING TRANSFERS BY FOREIGN PERSONS SEC. 101. AUTHORITY TO IMPOSE SANCTIONS. Notwithstanding any other provision of law, the President is authorized to prohibit, for a period of not less than three years, any transaction or dealing by a United States person or within the United States with any foreign person or entity that the President determines sells, transfers, brokers, finances, assists, delivers or otherwise provides or receives, on or after the date of the enactment of this Act-- (1) nuclear enrichment or reprocessing equipment, materials, or technology to-- (A) any country for which an additional protocol with the International Atomic Energy Agency for the application of safeguards (as derived from IAEA document INFCIRC/540 and related corrections and additions) is not in force; or (B) to any country that the President determines is developing, constructing, manufacturing, or acquiring a nuclear explosive device; or (2) designs, equipment, or specific information to assist in the development, construction, manufacture, or acquisition of a nuclear explosive device by a non-nuclear weapon state. SEC. 102. PRESIDENTIAL DETERMINATION. (a) Determination.--If the President receives credible information or evidence regarding any activity described in section 101(a) by a foreign person or entity, the President shall promptly make a determination as to whether, in his judgment, such activity occurred. (b) Report.--If the President makes an affirmative determination under subsection (a), the President shall, within 5 days after making the determination, report the fact and substance of the determination to the appropriate congressional committees. (c) Publication of Determination.--If the President makes an affirmative determination under subsection (a), the President shall publish in the Federal Register, not later than 15 days after reporting such determination to the Committees under subsection (b), the identity of each foreign person or entity that is subject to that determination and on whom sanctions have been imposed under section 101(a), the reasons for the sanctions, and period during which the sanctions will be in effect. SEC. 103. ADDITIONAL REPORTS. (a) Possible Activity.--The President shall submit to the appropriate congressional committees, not later than January 30th of each year, a report containing all credible information regarding the activities described in section 101(a), regardless of whether the President determines that such activities did in his judgment occur. (b) Transactions by Foreign Persons.--The President shall submit to the appropriate congressional committees, not later than June 30th of each year, a report that identifies any foreign person or entity that engages in transactions or dealings with foreign persons or entities on whom sanctions are in effect under section 101(a) that-- (1) would be prohibited transactions or dealings subject to sanctions under section 101(a) if those transactions or dealings had been conducted by United States persons or within the United States; and (2) could make material contributions to a nuclear enrichment, reprocessing, or nuclear weapon development program. The report under this subsection shall be unclassified to the maximum extent feasible, but may also include a classified annex. TITLE II--INCENTIVES FOR PROLIFERATION INTERDICTION COOPERATION SEC. 201. AUTHORITY TO PROVIDE ASSISTANCE. Notwithstanding any other provision of law, the President is authorized to provide, on such terms as he deems appropriate, assistance under section 202 to any country that cooperates with the United States and with other countries allied with the United States to prevent the transport and transshipment of items of proliferation concern in its national territory or airspace or in vessels under its control or registry. SEC. 202. TYPES OF ASSISTANCE. The assistance authorized under section 201 is the following: (1) Assistance under section 23 of the Arms Export Control Act (22 U.S.C. 2763). (2) Assistance under chapter 4 of part II of the Foreign Assistance Act of 1961, notwithstanding section 531(e) or 660(a) of that Act. (3) Drawdown of defense equipment and services under section 516 of the Foreign Assistance Act of 1961. SEC. 203. CONGRESSIONAL NOTIFICATION. Assistance authorized under this title may not be provided until at least 30 days after the date on which the President has provided notice thereof to the appropriate congressional committees, in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961. SEC. 204. LIMITATION. Assistance may be provided to a country under section 201 in no more than 3 fiscal years. SEC. 205. USE OF ASSISTANCE. To the extent practicable, assistance provided under this title shall be used to enhance the capability of the recipient country to prevent the transport and transshipment of items of proliferation concern in its national territory or airspace, or in vessels under its control or registry, including through the development of a legal framework in that country to enhance such capability. SEC. 206. AUTHORIZATION OF APPROPRIATIONS. (a) Appropriations.--There is authorized to be appropriated $250,000,000 to carry out this title. (b) Availability.--Amounts appropriated pursuant to subsection (a) are authorized to remain available until expended. SEC. 207. LIMITATION ON SHIP TRANSFERS. Notwithstanding any other provision of law, the United States may not transfer any excess defense article that is a vessel to a country that has not provided written assurances to the United States that it will support and assist efforts by the United States to interdict items of proliferation concern. SEC. 208. LIMITATION ON AIRCRAFT TRANSFERS. Notwithstanding any other provision of law, the United States may not transfer any excess defense article that is an aircraft to any country that has not provided written assurances to the United States that it will support and assist efforts by the United States to interdict items of proliferation concern. TITLE III--ROLLBACK OF KHAN NUCLEAR PROLIFERATION NETWORK SEC. 301. COOPERATION OF PAKISTAN. (a) Limitation.--Notwithstanding any other provision of law, the President may not provide, in any fiscal year, more than 75 percent of United States assistance to Pakistan unless the President determines and certifies to the appropriate congressional committees that Pakistan-- (1) has verifiably halted any cooperation with any state in the development of nuclear or missile technology, material, or equipment, or any other technology, material, or equipment that is useful for the development of weapons of mass destruction, including exports of such technology, material, or equipment; and (2) is fully sharing with the United States all information relevant to the A.Q. Khan proliferation network, and has provided full access to A.Q. Khan and his associates and any documentation, declarations, affidavits, or other material that bears upon their proliferation network activities and contacts. (b) Waiver.-- (1) Authority.--The President may waive the requirements of subsection (a) in a fiscal year if-- (A) the President has certified to the appropriate congressional committees that-- (i) the waiver is in the vital interest of the national security of the United States; (ii) the waiver will promote Pakistan's cooperation in achieving the conditions set forth in paragraphs (1) and (2) of subsection (a); and (iii) Pakistan's lack of cooperation is not significantly hindering efforts of the United States to investigate and eliminate the Khan proliferation network and any successor networks; and (B) 30 days have elapsed since making the certification under subparagraph (A). (2) Briefing.--Within 5 days after making a certification under paragraph (1), the Secretary of State shall brief the appropriate congressional committees on the degree to which Pakistan has or has not satisfied the conditions set forth in paragraphs (1) and (2) of subsection (a)(1). (3) Limitation.--The waiver authority under paragraph (1) may not be exercised in two successive fiscal years. SEC. 302. IDENTIFICATION OF PROLIFERATION NETWORK HOST COUNTRIES. (a) Report.--Not later than 30 days after the date of the enactment of this Act, the President shall submit a report to the appropriate congressional committees that identifies any country in which manufacturing, brokering, shipment, transshipment, or other significant activity occurs that is related to the transactions carried out by the various elements and entities of the A.Q. Khan nuclear proliferation network. (b) Additional Information.--After the report is submitted under subsection (a), the President shall submit to the appropriate congressional committees any additional information described in subsection (a) with respect to any country, as such information becomes available. SEC. 303. SUSPENSION OF ARMS SALES LICENSES AND DELIVERIES TO PROLIFERATION NETWORK HOST COUNTRIES. (a) Suspension.--Upon submission of the report and any additional information under section 302 to the appropriate congressional committees, the President shall suspend all licenses issued under the Arms Export Control Act, and shall prohibit any licenses to be issued under that Act, to any country identified in the report or additional information, until such time as the President certifies to the appropriate congressional committees that such country-- (1) has-- (A) fully investigated the activities of any person or entity within its territory that has participated in the Khan nuclear proliferation network; and (B) taken effective steps to permanently halt all such activities; (2) is fully cooperating with the United States in investigating and eliminating the Khan nuclear proliferation network and any successor networks operating within its territory; and (3) has enacted new laws, promulgated decrees or regulations, or established practices designed to prevent future such activities from occurring within its territory. (b) Waiver.--The President may waive the requirements of subsection (a) in a fiscal year if-- (1) the President has certified to the appropriate congressional committees that the waiver is in the vital interest of the national security of the United States; and (2) 5 days have elapsed since making the certification under paragraph (1). TITLE IV--GENERAL PROVISIONS SEC. 401. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) Excess defense article.--The term ``excess defense article'' has the meaning given that term in section 644(g) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)). (3) Foreign person.--The term ``foreign person'' means a person other than a United States person. (4) Items of proliferation concern.--The term ``items of proliferation concern'' means any equipment, materials, or technology that could materially support the research, development, manufacturing, or acquisition by any means of a nuclear explosive device, a chemical or biological weapon, or missile with a payload of 500 kilograms or greater and with a range of 300 kilometers or greater. (5) Non-nuclear weapon state.--The term ``non-nuclear weapon state'' means any state other than the United States, the United Kingdom, France, the Russian Federation, or the People's Republic of China. (6) Person.--The term ``person''-- (A) means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity, or subsidiary, subunit, or parent entity thereof, and any successor of any such entity; and (B) in the case of a country where it may be impossible to identify a specific governmental entity referred to in subparagraph (A), means all activities of that government relating to the development or production of any nuclear equipment or technology. (7) United states assistance.--The term ``United States assistance'' means assistance under the foreign operations, export financing, and related programs appropriations Act for a fiscal year, and assistance under the Foreign Assistance Act of 1961. (8) United states person.--The term ``United States person'' has the meaning given that term in section 14 of the Iran and Libya Sanctions Act of 1996 (22 U.S.C. 1701 note).

Nuclear Black-Market Elimination Act - Authorizes the President to prohibit, for at least three years, any transaction or dealing by a U.S. person or within the United States with any foreign person or entity that the President determines sells, transfers, brokers, finances, assists, delivers or otherwise provides or receives, on or after the date of the enactment of this Act: (1) nuclear enrichment or reprocessing equipment, materials, or technology to any country for which an additional protocol with the International Atomic Energy Agency for the application of safeguards is not in force, or to any country that the President determines is developing, constructing, manufacturing, or acquiring a nuclear explosive device; or (2) designs, equipment, or specific information to assist in the development, construction, manufacture, or acquisition of a nuclear explosive device by a non-nuclear weapon state. Authorizes the President to provide assistance for up to three years under the Arms Control Act and the Foreign Assistance Act of 1961, as well as a drawdown of defense equipment and services under the latter Act, to any country that cooperates with the United States and U.S. allies to prevent the transport and transshipment of items of proliferation concern in its national territory or airspace or in vessels under its control or registry. Prohibits the United States from transferring any excess defense article that is a vessel or aircraft to a country that has not provided written assurances that it will support and assist U.S. efforts to interdict items of proliferation concern. Prohibits the President from providing, in any fiscal year, more than 75 percent of U.S. assistance to Pakistan unless Pakistan meets certain requirements, including fully sharing with the United States all information relevant to the A.Q. Khan proliferation network, and providing full access to A.Q. Khan, his associates, and any material that bears upon their activities and contacts. Provides for a national security waiver of such requirements, but prohibits its exercise in two successive fiscal years. Requires the President to: (1) identify proliferation network host countries to appropriate congressional committees; and (2) suspend all arms sales licenses to such countries.

To impose sanctions on foreign entities that engage in certain nuclear proliferation activities, and for other purposes.

SECTION 1. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING NATIONAL HISTORIC TRAILS. Section 5 of the National Trails System Act (16 U.S.C. 1244) is amended by adding at the end the following: ``(g) Revision of Feasibility and Suitability Studies of Existing National Historic Trails.-- ``(1) Definitions.--In this subsection: ``(A) Route.--The term `route' includes a trail segment commonly known as a cutoff. ``(B) Shared route.--The term `shared route' means a route that was a segment of more than one historic trail, including a route shared with an existing national historic trail. ``(2) Requirements for revision.-- ``(A) In general.--The Secretary of the Interior shall revise the feasibility and suitability studies for certain national trails for consideration of possible additions to the trails. ``(B) Study requirements and objectives.--The study requirements and objectives specified in subsection (b) shall apply to a study required by this subsection. ``(C) Completion and submission of study.--A study listed in this subsection shall be completed and submitted to Congress not later than 3 complete fiscal years from the date funds are made available for the study. ``(3) Oregon national historic trail.-- ``(A) Study required.--The Secretary of the Interior shall undertake a study of the routes of the Oregon Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other routes of the Oregon Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the Oregon National Historic Trail. ``(B) Covered routes.--The routes to be studied under subparagraph (A) shall include the following: ``(i) Whitman Mission route. ``(ii) Upper Columbia River. ``(iii) Cowlitz River route. ``(iv) Meek cutoff. ``(v) Free Emigrant Road. ``(vi) North Alternate Oregon Trail. ``(vii) Goodale's cutoff. ``(viii) North Side alternate route. ``(ix) Cutoff to Barlow road. ``(x) Naches Pass Trail. ``(4) Pony express national historic trail.--The Secretary of the Interior shall undertake a study of the approximately 20-mile southern alternative route of the Pony Express Trail from Wathena, Kansas, to Troy, Kansas, and such other routes of the Pony Express Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the Pony Express National Historic Trail. ``(5) California national historic trail.-- ``(A) Study required.--The Secretary of the Interior shall undertake a study of the Missouri Valley, central, and western routes of the California Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other and shared Missouri Valley, central, and western routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the California National Historic Trail. ``(B) Covered routes.--The routes to be studied under subparagraph (A) shall include the following: ``(i) Missouri valley routes.-- ``(I) Blue Mills-Independence Road. ``(II) Westport Landing Road. ``(III) Westport-Lawrence Road. ``(IV) Fort Leavenworth-Blue River route. ``(V) Road to Amazonia. ``(VI) Union Ferry Route. ``(VII) Old Wyoming-Nebraska City cutoff. ``(VIII) Lower Plattsmouth Route. ``(IX) Lower Bellevue Route. ``(X) Woodbury cutoff. ``(XI) Blue Ridge cutoff. ``(XII) Westport Road. ``(XIII) Gum Springs-Fort Leavenworth route. ``(XIV) Atchison/Independence Creek routes. ``(XV) Fort Leavenworth-Kansas River route. ``(XVI) Nebraska City cutoff routes. ``(XVII) Minersville-Nebraska City Road. ``(XVIII) Upper Plattsmouth route. ``(XIX) Upper Bellevue route. ``(ii) Central routes.-- ``(I) Cherokee Trail, including splits. ``(II) Weber Canyon route of Hastings cutoff. ``(III) Bishop Creek cutoff. ``(IV) McAuley cutoff. ``(V) Diamond Springs cutoff. ``(VI) Secret Pass. ``(VII) Greenhorn cutoff. ``(VIII) Central Overland Trail. ``(iii) Western routes.-- ``(I) Bidwell-Bartleson route. ``(II) Georgetown/Dagget Pass Trail. ``(III) Big Trees Road. ``(IV) Grizzly Flat cutoff. ``(V) Nevada City Road. ``(VI) Yreka Trail. ``(VII) Henness Pass route. ``(VIII) Johnson cutoff. ``(IX) Luther Pass Trail. ``(X) Volcano Road. ``(XI) Sacramento-Coloma Wagon Road. ``(XII) Burnett cutoff. ``(XIII) Placer County Road to Auburn. ``(6) Mormon pioneer national historic trail.-- ``(A) Study required.--The Secretary of the Interior shall undertake a study of the routes of the Mormon Pioneer Trail listed in subparagraph (B) and generally depicted in the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other routes of the Mormon Pioneer Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the Mormon Pioneer National Historic Trail. ``(B) Covered routes.--The routes to be studied under subparagraph (A) shall include the following: ``(i) 1846 Subsequent routes A and B (Lucas and Clarke Counties, Iowa). ``(ii) 1856-57 Handcart route (Iowa City to Council Bluffs). ``(iii) Keokuk route (Iowa). ``(iv) 1847 Alternative Elkhorn and Loup River Crossings in Nebraska. ``(v) Fort Leavenworth Road; Ox Bow route and alternates in Kansas and Missouri (Oregon and California Trail routes used by Mormon emigrants). ``(vi) 1850 Golden Pass Road in Utah. ``(7) Shared california and oregon trail routes.-- ``(A) Study required.--The Secretary of the Interior shall undertake a study of the shared routes of the California Trail and Oregon Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other shared routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as shared components of the California National Historic Trail and the Oregon National Historic Trail. ``(B) Covered routes.--The routes to be studied under subparagraph (A) shall include the following: ``(i) St. Joe Road. ``(ii) Council Bluffs Road. ``(iii) Sublette cutoff. ``(iv) Applegate route. ``(v) Old Fort Kearny Road (Oxbow Trail). ``(vi) Childs cutoff. ``(vii) Raft River to Applegate.''.

Amends the National Trails System Act to direct the Secretary of the Interior to: (1) revise the feasibility and suitability studies for certain existing National Historic Trails for consideration of possible additions to such trails; and (2) study the feasibility and suitability of designating certain routes and cutoffs as components of the Oregon, Pony Express, California, and Mormon Pioneer National Historic Trails and as shared components of the California and Oregon National Historic Trails.

A bill to amend the National Trails System Act to require the Secretary of the Interior to update the feasibility and suitability studies of four national historic trails, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Simplifying Access to Student Loan Information Act of 2015''. SEC. 2. AMENDMENT TO THE TRUTH IN LENDING ACT. (a) In General.--Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the following: ``(12) National student loan data system.-- ``(A) In general.--Each private educational lender shall-- ``(i) submit to the Secretary of Education for inclusion in the National Student Loan Data System established under section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b) information regarding each private education loan made by such lender that will allow for the electronic exchange of data between borrowers of private education loans and the System; and ``(ii) in carrying out clause (i), ensure the privacy of private education loan borrowers. ``(B) Information to be submitted.--The information regarding private education loans required under subparagraph (A) to be included in the National Student Loan Data System shall include the following if determined appropriate by the Secretary of Education: ``(i) The total amount and type of each such loan made, including outstanding interest and outstanding principal on such loan. ``(ii) The interest rate of each such loan made. ``(iii) Information regarding the borrower that the Secretary of Education determines is necessary to ensure the electronic exchange of data between borrowers of private education loans and the System. ``(iv) Information, including contact information, regarding the lender that owns the loan. ``(v) Information, including contact information, regarding the servicer that is handling the loan. ``(vi) Information concerning the date of any default on the loan and the collection of the loan, including any information concerning the repayment status of any defaulted loan. ``(vii) Information regarding any deferment or forbearance granted on the loan. ``(viii) The date of the completion of repayment by the borrower of the loan. ``(ix) Any other information determined by the Secretary of Education to be necessary for the operation of the National Student Loan Data System. ``(C) Update.--Each private educational lender shall update the information regarding private education loans required under subparagraph (A) to be included in the National Student Loan Data System on the same schedule as information is updated under the System under section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to private education loans that were made for the 2011-2012 academic year or later. SEC. 3. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965. Section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b) is amended by adding at the end the following: ``(i) Private Education Loans.-- ``(1) In general.--Not later than 1 year after the date of enactment of the Simplifying Access to Student Loan Information Act of 2015, the National Student Loan Data System established pursuant to subsection (a) shall contain the information required to be included under section 128(e)(12) of the Truth in Lending Act (15 U.S.C. 1638(e)(12)). ``(2) Cosigner.--Notwithstanding any other provision of law, the Secretary shall ensure that any cosigner of a private education loan for which information is included in the National Student Loan Data System-- ``(A) is able to access the information in such System with respect to such private education loan in a separate account for such cosigner; and ``(B) does not have access to any information in such System with respect to any loan for which the cosigner has not cosigned. ``(3) Privacy.--The Secretary shall ensure that a private educational lender-- ``(A) has access to the National Student Loan Data System only to submit information for such System regarding the private education loans of such lender; and ``(B) may not see information in the System regarding the loans of any other lender. ``(j) Repayment Options.--Not later than 1 year after the date of enactment of the Simplifying Access to Student Loan Information Act of 2015, the Secretary shall establish a functionality within the National Student Loan Data System established pursuant to subsection (a) that enables a student borrower of a loan made, insured, or guaranteed under this title to input information necessary for the estimation of repayment amounts under the various repayment plans available to the borrower of such loan to compare such repayment plans.''.

Simplifying Access to Student Loan Information Act of 2015 Amends the Truth in Lending Act to require private educational lenders to submit to the Secretary of Education information regarding each private education loan they make. Requires that such information: (1) be placed in the National Student Loan Data System (System), and (2) allow for the electronic exchange of data between the borrowers of those loans and the System. (The System currently contains information regarding loans made, insured, or guaranteed under the Federal Family Education Loan program and loans made under the William D. Ford Federal Direct Loan and Federal Perkins Loan programs.) Requires the private education loan information to include, if determined appropriate by the Secretary: the total amount and type of each loan; the interest rate on each loan; information regarding the borrower that the Secretary deems necessary to ensure the electronic exchange of data between the borrower and the System; contact information regarding the lender and servicer of each loan; information concerning the date of any default on the loan and the collection of the loan, including any information concerning the repayment status of any defaulted loan; and the date the borrower completes repayment. Requires private educational lenders to ensure the privacy of borrowers and update the loan information they submit to the System on the same schedule as information is updated under the System. Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require the Secretary to ensure that: (1) a cosigner of a private education loan for which information is included in the System has access only to that information, and (2) a private educational lender has access to the System only to submit information regarding the lender's loans. Directs the Secretary to establish a functionality within the System that enables student borrowers of loans made, insured, or guaranteed under title IV to input the information necessary to compare the repayment plans available to them under that title.

Simplifying Access to Student Loan Information Act of 2015

SECTION 1. EXCLUSION OF CAPITAL GAIN FROM CERTAIN INVESTMENTS WITHIN URBAN AREAS AND INDIAN RESERVATIONS. (a) In General.--Part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended by adding at the end the following: ``SEC. 1203. 100 PERCENT EXCLUSION FOR CAPITAL GAIN FROM URBAN AND INDIAN RESERVATION INVESTMENTS. ``(a) Exclusion.--Gross income shall not include qualified capital gain from the sale or exchange of any qualified area asset held for more than 5 years. ``(b) Qualified Area Asset.--For purposes of this section-- ``(1) In general.--The term `qualified area asset' means-- ``(A) any qualified area business stock, ``(B) any qualified area partnership interest, and ``(C) any qualified area business property. ``(2) Qualified area business stock.-- ``(A) In general.--Except as provided in subparagraph (B), the term `qualified area business stock' means any stock in a domestic corporation if-- ``(i) such stock is acquired by the taxpayer on original issue from the corporation solely in exchange for cash, ``(ii) as of the time such stock was issued, such corporation was a qualified area business (or, in the case of a new corporation, such corporation was being organized for purposes of being a qualified area business), and ``(iii) during substantially all of the taxpayer's holding period for such stock, such corporation qualified as a qualified area business. ``(B) Redemptions.--A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this paragraph. ``(3) Qualified area partnership interest.--The term `qualified area partnership interest' means any capital or profits interest in a domestic partnership if-- ``(A) such interest is acquired by the taxpayer from the partnership solely in exchange for cash, ``(B) as of the time such interest was acquired, such partnership was a qualified area business (or, in the case of a new partnership, such partnership was being organized for purposes of being a qualified area business), and ``(C) during substantially all of the taxpayer's holding period for such interest, such partnership qualified as a qualified area business. A rule similar to the rule of paragraph (2)(B) shall apply for purposes of this paragraph. ``(4) Qualified area business property.-- ``(A) General rule.-- ``(i) In general.--The term `qualified area business property' means any property to which section 168 applies (or would apply but for section 179) if-- ``(I) such property was acquired by the taxpayer by purchase (as defined in section 179(d)(2)) after December 31, 1999, ``(II) the original use of which in a qualified area commences with the taxpayer, and ``(III) substantially all of the use of which is in a qualified area and is in active conduct of a qualified area business by the taxpayer in such area. ``(ii) Special rule for substantial renovations.--In the case of any property which is substantially renovated by the taxpayer, the requirements of subclauses (I) and (II) of clause (i) shall be treated as satisfied. For purposes of the preceding sentence, property shall be treated as substantially renovated by the taxpayer if, during any 24-month period beginning after December 31, 1999, additions to basis with respect to such property in the hands of the taxpayer exceed the greater of-- ``(I) an amount equal to the adjusted basis at the beginning of such 24-month period in the hands of the taxpayer, or ``(II) $5,000. ``(B) Special rules for sale-leasebacks.--For purposes of subparagraph (A)(i)(II), if property is sold and leased back by the taxpayer within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback. ``(5) Treatment of subsequent purchasers.--The term `qualified area asset' includes any property which would be a qualified asset but for paragraph (2)(A)(i), (3)(A), or (4)(A)(i)(II) in the hands of the taxpayer if such property was a qualified area asset in the hands of any prior holder. ``(6) 5-year safe harbor.--If any property ceases to be a qualified area asset by reason of paragraph (2)(A)(iii), (3)(C), or (4)(A)(i)(III) after the 5-year period beginning on the date the taxpayer acquired such property, such property shall continue to be treated as meeting the requirements of such paragraph; except that the amount of gain to which subsection (a) applies on any sale or exchange of such property shall not exceed the amount which would be qualified capital gain had such property been sold on the date of such cessation. ``(c) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified area.-- ``(A) In general.--The term `qualified area' means-- ``(i) any urban area, or ``(ii) any area within an Indian reservation. ``(B) Indian reservation.--The term `Indian reservation' has the meaning given such term in section 168(j)(6). ``(C) Urban area.--The term `urban area' has the meaning given such term in section 1393(a)(3). ``(2) Qualified area business.--The term `qualified area business' has the same meaning given the term `enterprise zone business' by section 1397B except that such section shall be applied-- ``(A) without regard to subsections (b)(6) and (c)(5) thereof, ``(B) by substituting `80 percent' for `50 percent' in subsections (b)(2) and (c)(1) thereof, ``(C) by treating any reference to an empowerment zone as a reference to the applicable qualified area, and ``(D) by treating the term `qualified business' under subsection (d) thereof as not including any class II or class III gaming activity conducted or licensed by an Indian tribe (within the meaning of section 3402(r)(1)). ``(3) Qualified capital gain.--Except as otherwise provided in this subsection, the term `qualified capital gain' means any gain recognized on the sale or exchange of-- ``(A) a capital asset, or ``(B) property used in the trade or business (as defined in section 1231(b)). ``(4) Special rules.-- ``(A) Gain before 2000 not qualified.--The term `qualified capital gain' shall not include any gain attributable to periods before January 1, 2000. ``(B) Certain gain on real property not qualified.--The term `qualified capital gain' shall not include any gain which would be treated as ordinary income under section 1245 or under section 1250 if section 1250 applied to all depreciation rather than the additional depreciation. ``(C) Intangibles and land not integral part of qualified business.--The term `qualified capital gain' shall not include any gain which is attributable to real property, or an intangible asset, which is not an integral part of a qualified area business. ``(D) Related party transactions.--The term `qualified capital gain' shall not include any gain attributable, directly or indirectly, in whole or in part, to a transaction with a related person. For purposes of this subparagraph, persons are related to each other if such persons are described in section 267(b) or 707(b)(1). ``(d) Certain Other Rules To Apply.--Rules similar to the rules of subsections (g), (h), (i)(2), and (j) of section 1202 shall apply for purposes of this section. ``(e) Sales and Exchanges of Interests in Partnerships and S Corporations Which Are Qualified Area Businesses.--In the case of the sale or exchange of an interest in a partnership, or of stock in an S corporation, which was a qualified area business during substantially all of the period the taxpayer held such interest or stock, the amount of qualified capital gain shall be determined without regard to-- ``(1) any gain which is attributable to real property, or an intangible asset, which is not an integral part of any qualified area business, and ``(2) any gain attributable to periods before December 31, 1999.'' (b) Conforming Amendments.-- (1) Paragraph (9) of section 1(h) of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended by striking ``and section 1202 gain'' and inserting ``section 1202 gain, and gain excluded from gross income under section 1203(a)''. (2) Section 172(d)(2)(B) of such Code (relating to modifications with respect to net operating loss deduction) is amended by striking ``section 1202'' and inserting ``sections 1202 and 1203''. (3) Section 642(c)(4) of such Code (relating to adjustments) is amended by inserting ``or 1203(a)'' after ``section 1202(a)'' and by inserting ``or 1203'' after ``section 1202''. (4) Section 643(a)(3) of such Code (defining distributable net income) is amended by striking ``section 1202'' and inserting ``sections 1202 and 1203''. (5) Section 691(c)(4) of such Code (relating to coordination with capital gain provisions) is amended by inserting ``1203,'' after ``1202,''. (6) The second sentence of section 871(a)(2) of such Code (relating to capital gains of aliens present in the United States 183 days or more) is amended by inserting ``or 1203'' after ``section 1202''. (7) The table of sections of part I of subchapter P of chapter 1 of such Code is amended by adding at the end the following: ``Sec. 1203. 100 percent exclusion for capital gain from urban and Indian reservation investment.'' (8)(A) Subchapter W of chapter 1 of such Code (relating to District of Columbia enterprise zone) is amended by striking section 1400B and redesignating section 1400C as section 1400B. (B) Section 23(c) of such Code is amended by striking ``1400C'' and inserting ``1400B''. (C) Section 25(e)(1)(C) of such Code is amended by striking ``1400C'' and inserting ``1400B''. (D) Section 1016(a)(27) of such Code is amended by striking ``1400C'' and inserting ``1400B'' each place it appears. (E) The table of sections for subchapter W of chapter 1 of such Code is amended by striking the items relating to sections 1400B and 1400C and inserting the following: ``Sec. 1400B. First-time homebuyer credit for District of Columbia.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 2. EXCLUSION FOR CAPITAL GAIN FROM CERTAIN FARM PROPERTY. (a) In General.--Part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to treatment of capital gains), as amended by section 1, is amended by adding at the end the following: ``SEC. 1204. 100 PERCENT EXCLUSION FOR CAPITAL GAIN FROM FARM PROPERTY. ``(a) Exclusion.--In the case of an individual (as defined in section 1301(b)(2)), gross income shall not include any qualified capital gain from the sale or exchange of qualified farm property held for more than 5 years. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified capital gain.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), the term `qualified capital gain' means any long-term capital gain. ``(B) Gain before 2000 not qualified.--The term `qualified capital gain' shall not include any gain attributable to periods before January 1, 2000. ``(C) Certain gain not qualified.--The term `qualified capital gain' shall not include any gain which would be treated as ordinary income under section 1245 or under section 1250 if section 1250 applied to all depreciation rather than the additional depreciation. ``(2) Qualified farm property.--The term `qualified farm property' means any property used by the taxpayer in connection with any farming business (as defined in section 263A(e)(4)).'' (b) Conforming Amendments.-- (1) Paragraph (9) of section 1(h) of the Internal Revenue Code of 1986 (relating to maximum capital gains rate), as amended by section 1, is amended by inserting ``or 1204(a)'' after ``1203(a)''. (2) Section 172(d)(2)(B) of such Code (relating to modifications with respect to net operating loss deduction), as so amended, is amended by striking ``1202 and 1203'' and inserting ``1202, 1203, and 1204''. (3) Section 642(c)(4) of such Code (relating to adjustments), as so amended, is amended by striking ``1202(a) or 1203(a)'' and inserting ``1202(a), 1203(a), or 1204(a)'' and by striking ``1202 or 1203'' and inserting ``1202, 1203, or 1204. (4) Section 643(a)(3) of such Code (defining distributable net income), as so amended, is amended by striking ``sections 1202 and 1203'' and inserting ``sections 1202, 1203, and 1204''. (5) Section 691(c)(4) of such Code (relating to coordination with capital gain provisions), as so amended, is amended by inserting ``1204,'' after ``1203,''. (6) The second sentence of section 871(a)(2) of such Code (relating to capital gains of aliens present in the United States 183 days or more), as so amended, is amended by striking ``1202 or 1203'' and inserting ``1202, 1203, or 1204''. (7) The table of sections of part I of subchapter P of chapter 1 of such Code, as so amended, is amended by adding at the end the following: ``Sec. 1204. 100 percent exclusion for capital gain from farm property.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999.

Excludes from the gross income of an individual any "qualified capital gain" (long-term capital gain) from the sale or exchange of "qualified farm property" held more than five years.

A bill to amend the Internal Revenue Code of 1986 to exclude from gross income capital gain from the disposition of certain urban property, Indian reservation property, or farm property which has been held for more than 5 years.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fugitive Apprehension Act of 2001''. SEC. 2. ADMINISTRATIVE SUBPOENAS TO APPREHEND FUGITIVES. (a) In General.--Chapter 49 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1075. Administrative subpoenas to apprehend fugitives ``(a) Definitions.--In this section: ``(1) Fugitive.--The term `fugitive' means a person who-- ``(A) having been accused by complaint, information, or indictment under Federal law or having been convicted of committing a felony under Federal law, flees or attempts to flee from or evades or attempts to evade the jurisdiction of the court with jurisdiction over the felony; ``(B) having been accused by complaint, information, or indictment under State law or having been convicted of committing a felony under State law, flees or attempts to flee from, or evades or attempts to evade, the jurisdiction of the court with jurisdiction over the felony; ``(C) escapes from lawful Federal or State custody after having been accused by complaint, information, or indictment or having been convicted of committing a felony under Federal or State law; or ``(D) is in violation of subparagraph (2) or (3) of the first undesignated paragraph of section 1073. ``(2) Investigation.--The term `investigation' means, with respect to a State fugitive described in subparagraph (B) or (C) of paragraph (1), an investigation in which there is reason to believe that the fugitive fled from or evaded, or attempted to flee from or evade, the jurisdiction of the court, or escaped from custody, in or affecting, or using any facility of, interstate or foreign commerce, or as to whom an appropriate law enforcement officer or official of a State or political subdivision has requested the Attorney General to assist in the investigation, and the Attorney General finds that the particular circumstances of the request give rise to a Federal interest sufficient for the exercise of Federal jurisdiction pursuant to section 1075. ``(b) Subpoenas and Witnesses.-- ``(1) Subpoenas.--In any investigation with respect to the apprehension of a fugitive, the Attorney General may subpoena witnesses for the purpose of the production of any records (including books, papers, documents, electronic data, and other tangible and intangible items that constitute or contain evidence) that the Attorney General finds, based on articulable facts, are relevant to discerning the whereabouts of the fugitive. A subpoena under this subsection shall describe the records or items required to be produced and prescribe a return date within a reasonable period of time within which the records or items can be assembled and made available. ``(2) Witnesses.--The attendance of witnesses and the production of records may be required from any place in any State or other place subject to the jurisdiction of the United States at any designated place where the witness was served with a subpoena, except that a witness shall not be required to appear more than 500 miles distant from the place where the witness was served. Witnesses summoned under this section shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. ``(c) Service.-- ``(1) Agent.--A subpoena issued under this section may be served by any person designated in the subpoena as the agent of service. ``(2) Natural person.--Service upon a natural person may be made by personal delivery of the subpoena to that person or by certified mail with return receipt requested. ``(3) Corporation.--Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association that is subject to suit under a common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. ``(4) Affidavit.--The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it shall be proof of service. ``(d) Contumacy or Refusal.-- ``(1) In general.--In the case of the contumacy by or refusal to obey a subpoena issued to any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or of which the subpoenaed person is an inhabitant, or in which he carries on business or may be found, to compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person to appear before the Attorney General to produce records if so ordered. ``(2) Contempt.--Any failure to obey the order of the court may be punishable by the court as contempt thereof. ``(3) Process.--All process in any case to enforce an order under this subsection may be served in any judicial district in which the person may be found. ``(4) Rights of subpoena recipient.--Not later than 20 days after the date of service of an administrative subpoena under this section upon any person, or at any time before the return date specified in the subpoena, whichever period is shorter, such person may file, in the district within which such person resides, is found, or transacts business, a petition to modify or quash such subpoena on grounds that-- ``(A) the terms of the subpoena are unreasonable or oppressive; ``(B) the subpoena fails to meet the requirements of this section; or ``(C) the subpoena violates the constitutional rights or any other legal rights or privilege of the subpoenaed party. ``(e) Guidelines.-- ``(1) In general.--The Attorney General shall issue guidelines governing the issuance of administrative subpoenas pursuant to this section. ``(2) Review.--The guidelines required by this subsection shall mandate that administrative subpoenas may be issued only after review and approval of senior supervisory personnel within the respective investigative agency or component of the Department of Justice and of the United States Attorney for the judicial district in which the administrative subpoena shall be served. ``(f) Nondisclosure Requirements.-- ``(1) In general.--Except as otherwise provided by law, the Attorney General may apply to a court for an order requiring the party to whom an administrative subpoena is directed to refrain from notifying any other party of the existence of the subpoena or court order for such period as the court deems appropriate. ``(2) Order.--The court shall enter such order if it determines that there is reason to believe that notification of the existence of the administrative subpoena will result in-- ``(A) endangering the life or physical safety of an individual; ``(B) flight from prosecution; ``(C) destruction of or tampering with evidence; ``(D) intimidation of potential witnesses; or ``(E) otherwise seriously jeopardizing an investigation or undue delay of a trial. ``(g) Immunity From Civil Liability.--Any person, including officers, agents, and employees, who in good faith produce the records or items requested in a subpoena shall not be liable in any court of any State or the United States to any customer or other person for such production or for nondisclosure of that production to the customer, in compliance with the terms of a court order for nondisclosure.''. (b) Technical and Conforming Amendment.--The analysis for chapter 49 of title 18, United States Code, is amended by adding at the end the following: ``1075. Administrative subpoenas to apprehend fugitives.''.

Fugitive Apprehension Act of 2001 - Amends the Federal criminal code to authorize the Attorney General to subpoena witnesses for the purpose of the production of any records that the Attorney General finds, based on articulable facts, are relevant to discerning the whereabouts of a fugitive. Specifies that the attendance of witnesses and the production of records may be required from any place in any State or other place subject to U.S. jurisdiction, except that a witness shall not be required to appear more than 500 miles from the place where the witness was served.Sets forth provisions regarding service of process and contumacy or refusal to obey a subpoena.Directs the Attorney General to issue guidelines governing the issuance of administrative subpoenas.Authorizes the Attorney General to apply to a court for an order requiring the party to whom an administrative subpoena is directed to refrain from notifying any other party of the existence of the subpoena or court order. Directs the court to enter such order if it determines that there is reason to believe that notification of the existence of the subpoena will result in: (1) endangering life or physical safety: (2) flight from prosecution; (3) destruction of or tampering with evidence; (4) intimidation of potential witnesses; or (5) otherwise seriously jeopardizing an investigation or undue delay of a trial.Grants immunity from civil liability to persons who in good faith produce records or items requested in a subpoena.

A bill to provide administrative subpoena authority to apprehend fugitives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Diplomatic Enhancement Act of 2009''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Islamic Republic of Iran is a party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). (2) Iran is a member of the International Atomic Energy Agency (IAEA). (3) On July 31, 2006, the United Nations Security Council (UNSC) adopted Resolution 1696, setting a deadline of August 31, 2006, for Iran's full, unconditional, and immediate compliance with its obligations under the NPT. (4) Iran is in violation of UNSC Resolution 1696. (5) On December 23, 2006, the UNSC adopted Resolution 1737, issuing a legally binding order that Iran immediately suspend all enrichment-related and reprocessing activities and work on all heavy water-related projects, and imposing economic sanctions on Iran until such time as it has fully complied with its obligations. (6) Iran is in violation of UNSC Resolution 1737. (7) On March 24, 2007, the UNSC adopted Resolution 1747, imposing further economic sanctions on Iran for its noncompliance with previous UNSC resolutions. (8) Iran is in violation of UNSC Resolution 1747. (9) On March 3, 2008, the UNSC adopted Resolution 1803, imposing further economic sanctions on Iran for its noncompliance with previous UNSC resolutions. (10) Iran is in violation of UNSC Resolution 1803. (11) On September 27, 2008, the UNSC adopted Resolution 1835, demanding that Iran immediately comply with previous UNSC resolutions. (12) Iran is in violation of UNSC 1835. (13) According to the IAEA, Iran has installed 2 or 3 types of next-generation centrifuges at Natanz FEP, including the IR- 2 and the IR-3. (14) On October 26, 2008, IAEA inspectors were unable to carry out a scheduled design information verification visit to the Arak Heavy Water Reactor. (15) According to the IAEA, as of January 31, 2009, Iran had produced a total of some 1,010 kilograms of low enriched uranium hexafluoride, which is 30 percent higher than IAEA estimates and sufficient for a nuclear weapons breakout capability. (16) According to the IAEA's February 19, 2009, report, Iran had installed more than 5,400 centrifuges. (17) According to the IAEA's February 19, 2009, report, Iran is producing fuel rods containing uranium pellets for its IR-40 heavy water reactor. (18) According to the IAEA, the IAEA sought and was denied permission by Iran to visit the reactor itself in February 2009, which, according to the IAEA, ``could adversely impact the IAEA's ability to carry out effective safeguards at that facility''. (19) As evidenced by the February 3, 2009, launch of the Omid satellite into space using the Safir 2-stage space launch vehicle, Iran continues to expand its development of ballistic missiles. (20) According to the IAEA, as of its February 19, 2009, report, Iran has not answered IAEA questions ``about possible military dimensions of Iran's nuclear programme''. (21) Up to 40 percent of Iranian gasoline comes from imports. (22) Over the course of the past year, Iran purchased nearly all of this gasoline from just six companies, five of them European (the Swiss firm Vitol; the Swiss/Dutch firm Trafigura; the French firm Total; the Swiss firm Glencore; British Petroleum) and one Indian company, Reliance Industries. (23) In February 2009, Vitol and Trafigura supplied some 80 percent of Iran's gasoline imports, while Reliance Industries and British Petroleum reportedly did not supply gasoline to Iran that month. (24) In light of the extensive relationship between the United States and Switzerland, it is a matter of particular concern that Swiss firms supply more than 80 percent of Iran's gasoline imports. (25) The majority of tankers carrying gasoline to Iran are insured by Lloyds of London. (26) An interruption or significant limiting of the supply of gasoline to Iran would considerably impact the Iranian economy. (27) An international restriction of gasoline exports to Iran would significantly bolster current diplomatic initiatives. (28) On June 4, 2008, then-Senator Barack Obama said, ``we should work with Europe, Japan, and the Gulf states to find every avenue outside the U.N. to isolate the Iranian regime-- from cutting off loan guarantees and expanding financial sanctions, to banning the export of refined petroleum to Iran''. (29) On October 7, 2008, then-Senator Barack Obama said, ``Iran right now imports gasoline . . . if we can prevent them from importing the gasoline that they need . . . that starts changing their cost-benefit analysis. That starts putting the squeeze on them.''. SEC. 3. AMENDMENTS TO THE IRAN SANCTIONS ACT OF 1996. (a) Expansion of Sanctions to Refined Petroleum.--Section 5(a) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows: ``(a) Sanctions With Respect to the Development of Petroleum Resources of Iran and Export of Refined Petroleum Resources to Iran.-- Except as provided in subsection (f), the President shall impose 2 or more of the sanctions described in paragraphs (1) through (6) of section 6 if the President determines that a person has, with actual knowledge-- ``(1)(A) on or after the date of the enactment of this Act, made an investment of $40,000,000 or more (or any combination of investments of at least $10,000,000 each, which in the aggregate equals or exceeds $40,000,000 in any 12-month period), that directly and significantly contributed to the enhancement of Iran's ability to develop petroleum resources of Iran; or ``(B) on or after the date of the enactment of the Iran Diplomatic Enhancement Act of 2009, made an investment of $20,000,000 or more (or any combination of investments of at least $5,000,000 each, which in the aggregate equals or exceeds $20,000,000 in any 12-month period), that directly and significantly contributed to the enhancement of Iran's ability to develop petroleum resources of Iran; or ``(2) on or after the date of the enactment of the Iran Diplomatic Enhancement Act of 2009-- ``(A) provided Iran with refined petroleum resources; ``(B) engaged in an activity, including production, brokerage, insurance, and tanker delivery services, that could contribute to Iran's ability to import refined petroleum resources; or ``(C) provided Iran with goods, services, or technology for refining petroleum.''. (b) International Policy.--Section 4 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by adding at the end the following: ``(g) United States Policy Toward Iran.--It shall be the policy of the United States to encourage foreign governments-- ``(1) to direct state-owned entities to cease all investment in Iran's energy sector and all exports of refined petroleum resources to Iran; and ``(2) to persuade, and, where possible, require private entities based in their territories to cease all investment in Iran's energy sector and all exports of refined petroleum resources to Iran.''. (c) Presidential Waiver.--Section 9(c)(2)(C) of such Act is amended by striking ``section 5(a) or section 5(b) to Iran's ability to, respectively, develop its petroleum resources or its weapons of mass destruction or other military capabilities'' and inserting ``section 5(a)(1), section 5(a)(2), or section 5(b) to Iran's ability to, respectively, develop its petroleum resources, import refined petroleum resources or refine petroleum, or develop its weapons of mass destruction or other military capabilities''. (d) Reports on United States Efforts To Curtail the Export of Refined Petroleum to Iran.--Section 10 of such Act is amended by adding at the end the following new subsection: ``(d) Reports on Refined Petroleum Exports to Iran.-- ``(1) Semiannual reports.--Not later than 6 months after the date of the enactment of the Iran Diplomatic Enhancement Act of 2009, and every 6 months thereafter, the President shall transmit to the appropriate congressional committees a report describing, with respect to the preceding 6-month period-- ``(A) any person that has provided Iran with refined petroleum resources, and the petroleum resources so provided; ``(B) any activity, including production, brokerage, insurance, and tanker delivery services, engaged in that could contribute to Iran's ability to import refined petroleum resources; ``(C) any person that has provided Iran with goods, services, or technology for refining petroleum, and the goods, services, or technology so provided; and ``(D) steps taken by the President to carry out the policy set forth in section 4(g). ``(2) Additional information.--With respect to each matter reported under subparagraph (A), (B), or (C) of paragraph (1), the President shall describe the steps that the United States has taken to respond to the provision of refined petroleum resources described in paragraph (1)(A), the activity described in paragraph (1)(B), or the provision of goods, services, or technology described in paragraph (1)(C), as the case may be.''.

Iran Diplomatic Enhancement Act of 2009 - Amends the Iran Sanctions Act of 1996 to direct the President to impose two or more sanctions under such Act if a person has, with actual knowledge: (1) on or after the date of enactment of such Act made an investment of $40 million or more (or any combination of investments of at least $10 million which in the aggregate equals or exceeds $40 million in any 12-month period) that significantly contributed to Iran's ability to develop its petroleum resources; (2) on or after the date of enactment of the Iran Diplomatic Enhancement Act of 2009 made an investment of $20 million or more (or any combination of investments of at least $5 million which in the aggregate equals or exceeds $20 million in any 12-month period) that directly and significantly contributed to Iran's ability to develop its petroleum resources; or (3) on or after the date of enactment of the Iran Diplomatic Enhancement Act of 2009 provided Iran with refined petroleum resources, engaged in an activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources, or provided Iran with goods, services, or technology for refining petroleum. (Current law imposes sanctions upon investments of $40 million or more and does not include refined petroleum resource imports.) Extends existing presidential waiver authority to such activities. Directs the President to report to the appropriate congressional committees every six months on such activities.

To amend the Iran Sanctions Act of 1996 to enhance United States diplomatic efforts with respect to Iran by expanding economic sanctions against Iran to include refined petroleum, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``English Language Unity Act of 2001''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) The United States is comprised of individuals from diverse ethnic, cultural, and linguistic backgrounds, and continues to benefit from this rich diversity. (2) Throughout the history of the United States, the common thread binding individuals of differing backgrounds has been the English language. (3) Among the powers reserved to the States respectively is the power to establish the English language as the official language of the respective States, and otherwise to promote the English language within the respective States, subject to the prohibitions enumerated in the Constitution of the United States and in laws of the respective States. SEC. 3. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--OFFICIAL LANGUAGE ``Sec. 161. Official language of the United States ``The official language of the United States is English. ``Sec. 162. Official functions of Government to be conducted in English ``(a) Official Functions.--The official functions of the Government of the United States shall be conducted in English. ``(b) Scope.--For the purposes of this section, the term `United States' means the several States and the District of Columbia, and the term `official' refers to any function that (i) binds the Government, (ii) is required by law, or (iii) is otherwise subject to scrutiny by either the press or the public. ``(c) Practical Effect.--This section shall apply to all laws, public proceedings, regulations, publications, orders, actions, programs, and policies, but does not apply to-- ``(1) teaching of languages; ``(2) requirements under the Individuals with Disabilities Education Act; ``(3) actions, documents, or policies necessary for national security, international relations, trade, tourism, or commerce; ``(4) actions or documents that protect the public health and safety; ``(5) actions or documents that facilitate the activities of the Bureau of the Census in compiling any census of population; ``(6) actions that protect the rights of victims of crimes or criminal defendants; or ``(7) using terms of art or phrases from languages other than English. ``Sec. 163. Uniform English language rule for naturalization ``(a) Uniform Language Testing Standard.--All citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the Laws of the United States made in pursuance of the Constitution. ``(b) Ceremonies.--All naturalization ceremonies shall be conducted in English. ``Sec. 164. Rules of construction ``Nothing in this chapter shall be construed-- ``(1) to prohibit a Member of Congress or any officer or agent of the Federal Government, while performing official functions, from communicating unofficially through any medium with another person in a language other than English (as long as official functions are performed in English); ``(2) to limit the preservation or use of Native Alaskan or Native American languages (as defined in the Native American Languages Act); ``(3) to disparage any language other than English or to discourage any person from learning or using a language other than English; or ``(4) to be inconsistent with the Constitution of the United States.''. (b) Clerical Amendment.--The table of chapters at the beginning of title 4, United States Code, is amended by inserting after the item relating to chapter 5 the following new item: ``Chapter 6. Official Language.''. SEC. 4. GENERAL RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE TEXTS OF THE LAWS OF THE UNITED STATES. (a) In General.--Chapter 1 of title 1, United States Code, is amended by adding at the end the following new section: ``Sec. 8. General rules of construction for laws of the United States ``(a) English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the Laws of the United States; and ``(b) Any ambiguity in the English language text of the Laws of the United States shall be resolved, in accordance with the last two articles of the Bill of Rights, not to deny or disparage rights retained by the people, and to reserve powers to the States respectively, or to the people.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 1 of title 1, United States Code, is amended by inserting after the item relating to section 7 the following new item: ``8. General Rules of Construction for Laws of the United States.''. SEC. 5. IMPLEMENTING REGULATIONS. The Department of Justice shall, within 180 days after the date of enactment of this Act, issue for public notice and comment a proposed rule for uniform testing English language ability of candidates for naturalization, based upon the principles that (a) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the Laws of the United States which are made in pursuance thereof, and (b) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum. SEC. 6. EFFECTIVE DATE. The amendments made by sections 3 and 4 shall take effect on the date that is 180 days after the date of enactment of this Act.

English Language Unity Act of 2001 - Amends specified Federal law to declare English to be the official language of the United States. Requires the official functions of the United States (meaning, in this case, the States and the District of Columbia) to be conducted in English. Requires a uniform English language rule for U.S. naturalization, and all naturalization ceremonies to be conducted in English. Sets forth exceptions to and rules of construction for such requirements.Amends specified Federal law to declare, as a general rule of construction, that English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the Laws of the United States.Requires the Department of Justice to issue for public notice and comment a proposed rule for uniform testing of English language ability of candidates for naturalization, based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the Laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum.

To reaffirm English as the official language of the United States, to establish an uniform English language rule for naturalization,and to avoid misconstructions of the English language texts of the Laws of the United States, pursuant to Congress' powers to provide for the General Welfare of the United States and to establish an uniform Rule of Naturalization under Article I, Section 8, of the Constitution.

SECTION 1. EXCEPTION FROM PASSIVE LOSS RULES FOR INVESTMENTS IN HIGH TECHNOLOGY RESEARCH SMALL BUSINESS PASS-THRU ENTITIES. (a) In General.--Subsection (c) of section 469 of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) High technology research activities.-- ``(A) In general.--The term `passive activity' shall not include any qualified research activity of the taxpayer carried on by a high technology research small business pass-thru entity. ``(B) Treatment of losses and deductions.-- ``(i) In general.--Losses or deductions of a taxpayer relating to qualified research activities carried on by a high technology research small business pass-thru entity shall not be treated as losses or deductions, respectively, from a passive activity except as provided in clause (ii) and subparagraph (C). ``(ii) Limitation.--Clause (i) shall apply to losses and deductions of a taxpayer relating to a high technology small business pass-thru entity for a taxable year only to the extent that the aggregate losses and deductions of the taxpayer relating to qualified research activities of such entity for such taxable year do not exceed the portion of the taxpayer's adjusted basis in the taxpayer's ownership interest in such entity that is attributable to money or other property contributed-- ``(I) in exchange for such ownership interest, and ``(II) specifically for use in connection with qualified research activities. For purposes of the preceding sentence, the taxpayer's basis shall not include any portion of such basis which is attributable to an increase in a partner's share of the liabilities of a partnership that is considered under section 752(a) as a contribution of money. ``(C) Treatment of carryovers.--Subparagraph (B)(i) shall not apply to the portion of any loss or deduction that is carried over under subsection (b) into a taxable year other than the taxable year in which such loss or deduction arose. ``(D) Qualified research activity.--For purposes of this paragraph, the term `qualified research activity' means any activity constituting qualified research (within the meaning of section 41(d)(1)(B) and taking into account paragraphs (3) and (4) of section 41(d)) which involves a process of experimentation. ``(E) High technology research small business pass- thru entity.--For purposes of this paragraph, the term `high technology research small business pass-thru entity' means any domestic pass-thru entity for any taxable year if-- ``(i) either-- ``(I) more than 75 percent of the entity's expenditures (including salaries, rent and overhead) for such taxable year are paid or incurred in connection with qualified research (within the meaning of section 41(d)(1)(B), taking into account paragraphs (3) and (4) of section 41(d)) that involves a process of experimentation conducted by the entity, or ``(II) more than 50 percent of the entity's expenditures for such taxable year constitute qualified research expenses (as defined in section 41(b), but determined without regard to the phrase `65 percent of' in paragraph (3)(A) thereof), ``(ii) such entity is a small business (within the meaning of section 41(b)(3)(D)(iii), applied by substituting `250' for `500' in subclause (I) thereof), and ``(iii) at no time during the taxable year does the entity have aggregate gross assets in excess of $150,000,000. ``(F) Provisions related to aggregate gross assets limitation.--For purposes of this paragraph-- ``(i) In general.--Except as otherwise provided in this subparagraph, the term `aggregate gross assets' has the meaning given such term in section 1202(d)(2). ``(ii) Exception for certain intangibles.-- Any section 197 intangible (as defined in section 197(d) and determined without regard to section 197(e)) which is used directly in connection with the research referred to in subparagraph (E)(i) shall not be taken into account in determining aggregate gross assets. ``(iii) Exception for certain follow-on investments.--Cash from a sale of equity interests shall not be taken into account in determining aggregate gross assets if-- ``(I) the aggregate gross assets of such entity (determined immediately after such sale and without regard to this clause) do not exceed the sum of $150,000,000, plus 25 percent of the aggregate gross assets of such entity (determined immediately before such sale and without regard to this clause), and ``(II) the aggregate gross assets of such entity (determined immediately before such sale and without regard to this clause) do not exceed $150,000,000. Sales of equity interests which are part of the same plan or arrangement, or which are carried out with the principal purpose of increasing the amount of cash to which this clause applies (determined without regard to this sentence), shall be treated as a single sale for purposes of this clause. ``(iv) Inflation adjustment.--In the case of any taxable year beginning after 2015, the $150,000,000 amount in subparagraph (E)(iii) and subclauses (I) and (II) of clause (iii) shall each be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) 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 $100,000. ``(G) Capital expenditures taken into account for expenditures test.--An expenditure shall not fail to be taken into account under subparagraph (E)(i) merely because such expenditure is chargeable to capital account. ``(H) Pass-thru entity.--For purposes of this paragraph, the term `pass-thru entity' means any partnership, S corporation, or other entity identified by the Secretary as a pass-thru entity for purposes of this paragraph. ``(I) Aggregation rules.-- ``(i) In general.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as a single entity for purposes of subparagraphs (E) and (F)(iii). ``(ii) Limitation where entity would not qualify.--No entity shall be treated as a high technology research small business pass-thru entity unless such entity qualifies as such both with and without the application of clause (i). ``(J) Activities not engaged in for profit and economic substance rules.--Section 183 and the economic substance rules of section 7701(o) shall not apply to disallow the losses, deductions, and credits of a high technology research small business pass-thru entity solely as a result of losses incurred by such entity.''. (b) Material Participation Not Required.--Paragraph (5) of section 469(c) of the Internal Revenue Code of 1986, as redesignated by subsection (a), is amended by striking ``and (3)'' in the heading and text and inserting ``, (3), and (4)''. (c) Certain Research-Related Deductions and Credits of High Technology Research Small Business Pass-Thru Entities Allowed for Purposes of Determining Alternative Minimum Tax.-- (1) Deduction for research and experimental expenditures.-- Paragraph (2) of section 56(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Exception for high technology research small business pass-thru entities.--In the case of a high technology research small business pass-thru entity (as defined in section 469(c)(4)), this paragraph shall not apply to any amount allowable as a deduction under section 174(a).''. (2) Allowance of certain research-related credits.-- Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (ii) through (ix) as clauses (iii) through (x), respectively, and by inserting after clause (i) the following new clause: ``(ii) the credits of an individual taxpayer determined under sections 41 and 48D to the extent attributable to a high technology research small business pass-thru entity (as defined in section 469(c)(4)),''. (d) Exception to Limitation on Pass-Thru of Research Credit.-- Subsection (g) of section 41 of such Code is amended by adding at the end the following: ``Paragraphs (2) and (4) shall not apply with respect to any high technology research small business pass-thru entity (as defined in section 469(c)(4)).''. (e) Effective Date.--The amendments made by this section shall apply to losses and credits arising in taxable years beginning on or after the date of the enactment of this Act.

Amends the Internal Revenue Code to exempt from the definition of "passive activity," for purposes of the passive loss tax rules, any qualified research activity carried on by a high technology research small business pass-thru entity. Defines "high technology research small business pass-thru entity" as any domestic pass-thru entity if: (1) more than 75% of the entity's expenditures are paid or incurred in connection with qualified research, or (2) more than 50% of the entity's expenditures constitute qualified research expenses. Designates a high technology research entity as a small business if such entity has 250 or fewer full-time employees and does not have aggregate gross assets in excess of $150 million.

To amend the Internal Revenue Code of 1986 to provide an exception from the passive loss rules for investments in high technology research small business pass-thru entities.

SECTION 1. CREDIT FOR FIRST-TIME HOMEBUYERS. (a) In General.--Subpart A of part IV of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 22 the following new section: ``SEC. 23. PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER. ``(a) Allowance of Credit.--If an individual who is a first-time homebuyer purchases a principal residence (within the meaning of section 1034), there shall be allowed to such individual as a credit against the tax imposed by this subtitle an amount equal to 10 percent of the purchase price of the principal residence. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) shall not exceed $2,500. ``(2) Limitation to one residence.--The credit under this section shall be allowed with respect to only one residence of the taxpayer. ``(3) Married individuals filing jointly.--In the case of a husband and wife who file a joint return under section 6013, the credit under this section is allowable only if both the husband and wife are first-time homebuyers, and the amount specified under paragraph (1) shall apply to the joint return. ``(4) Other taxpayers.--In the case of individuals to whom paragraph (3) does not apply who together purchase the same new principal residence for use as their principal residence, the credit under this section is allowable only if each of the individuals is a first-time homebuyer, and the sum of the amount of credit allowed to such individuals shall not exceed the lesser of $2,500 or 10 percent of the total purchase price of the residence. The amount of any credit allowable under this section shall be apportioned among such individuals under regulations to be prescribed by the Secretary. ``(5) Application with other credits.-- ``(A) General rule.--The credit allowed by subsection (a) for any taxable year shall not exceed the amount of the tax imposed by this chapter for the taxable year, reduced by the sum of any other credits allowable under this chapter. ``(B) Carryforward of unused credits.--Any credit that is not allowed for the taxable year solely by reason of subparagraph (A) shall be carried forward to the succeeding taxable year and allowed as a credit for that taxable year. However, the credit shall not be carried forward more than 5 taxable years after the taxable year in which the residence is purchased. ``(6) Year for which credit allowed.--Fifty percent of the credit allowed by subsection (a) shall be allowed in the taxable year in which the residence is purchased and the remaining fifty percent of the credit shall be allowed in the succeeding taxable year. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Purchase price.--The term `purchase price' means the adjusted basis of the principal residence on the date of the acquisition thereof. ``(2) First-time homebuyer.-- ``(A) In general.--The term `first-time homebuyer' means any individual if such individual has not had a present ownership interest in any residence (including an interest in a housing cooperative) at any time within the 36-month period ending on the date of acquisition of the residence on which the credit allowed under subsection (a) is to be claimed. An interest in a partnership, S corporation, or trust that owns an interest in a residence is not considered an interest in a residence for purposes of this paragraph except as may be provided in regulations. ``(B) Certain individuals.--Notwithstanding subparagraph (A), an individual is not a first-time homebuyer on the date of purchase of a residence if on that date the running of any period of time specified in section 1034 is suspended under subsection (h) or (k) of section 1034 with respect to that individual. ``(3) Special rules for certain acquisitions.--No credit is allowable under this section if-- ``(A) the residence is acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section 267 or 707(b), or ``(B) the basis of the residence in the hands of the person acquiring it is determined-- ``(i) in whole or in part by reference to the adjusted basis of such residence in the hands of the person from whom it is acquired, or ``(ii) under section 1014(a) (relating to property acquired from a decedent). ``(d) Recapture for Certain Dispositions.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), if the taxpayer disposes of property with respect to the purchase of which a credit was allowed under subsection (a) at any time within 36 months after the date the taxpayer acquired the property as his principal residence, then the tax imposed under this chapter for the taxable year in which the disposition occurs is increased by an amount equal to the amount allowed as a credit for the purchase of such property. ``(2) Acquisition of new residence.--If, in connection with a disposition described in paragraph (1) and within the applicable period prescribed in section 1034, the taxpayer purchases a new principal residence, then the provisions of paragraph (1) shall not apply and the tax imposed by this chapter for the taxable year in which the new principal residence is purchased is increased to the extent the amount of the credit that could be claimed under this section on the purchase of the new residence (determined without regard to subsection (e)) is less than the amount of credit claimed by the taxpayer under this section. ``(3) Death of owner; casualty loss; involuntary conversion; etc.--The provisions of paragraph (1) do not apply to-- ``(A) a disposition of a residence made on account of the death of any individual having a legal or equitable interest therein occurring during the 36- month period to which reference is made under paragraph (1), ``(B) a disposition of the old residence if it is substantially or completely destroyed by a casualty described in section 165(c)(3) or compulsorily or involuntarily converted (within the meaning of section 1033(a)), or ``(C) a disposition pursuant to a settlement in a divorce or legal separation proceeding where the residence is sold or the other spouse retains the residence as a principal residence. ``(e) Property to Which Section Applies.-- ``(1) In general.--The provisions of this section apply to a principal residence if-- ``(A) the taxpayer acquires the residence during 1993, or ``(B) the taxpayer enters into a binding contract during 1993 to acquire the residence, and acquires and occupies the residence before July 1, 1994.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of chapter 1 of such Code is amended by inserting after section 22 the following new item: ``Sec. 23. Purchase of principal residence by first-time homebuyer.'' (c) Effective Date.--The amendments made by this section are effective on January 1, 1993.

Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Limits the credit to $2,500. Requires married individuals filing jointly to both be first-time buyers. Allows the use of 50 percent of the credit in the first taxable year in which the residence is purchased and the remaining 50 percent in the succeeding taxable year. Makes this credit applicable to residences acquired during 1993 and before July 1, 1994.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for the purchase of a principle residence by a first-time homebuyer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Copper Valley Native Allotment Resolution Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Association.--The term ``Association'' means the Copper Valley Electric Association. (2) Native allotment.-- (A) In general.--The term ``Native allotment'' means-- (i) each of the following allotments issued under the Act of May 17, 1906 (34 Stat. 197, chapter 2469)-- (I) A-031653; (II) A-043380; (III) A-046337; (IV) AA-5896; (V) AA-6014, Parcel B; (VI) AA-6034; (VII) AA-7059; (VIII) AA-7242, Parcel B; (IX) AA-7336; (X) AA-7552; (XI) AA-7553; (XII) AA-7554; (XIII) AA-7600; (XIV) AA-8032; and (ii) any allotment for which a patent or Certificate of Allotment has been issued under the Act of May 17, 1906 (34 Stat. 197, chapter 2469) across which the Association maintains an electric transmission line on the date of enactment of this Act. (B) Exclusions.--The term ``Native allotment'' does not include any allotment to which the Secretary has approved the grant of a right of way or issued a patent or Certificate of Allotment that is subject to a right of way held by the Association. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Alaska. SEC. 3. ELECTRIC TRANSMISSION LINE RIGHTS-OF-WAY. (a) In General.--There is granted to the Association rights-of-way across the Native allotments for an electric transmission line owned by the Association. (b) Width.--After considering any information provided by the Association, allottee, or any other source that the Secretary determines to be relevant, the Secretary shall determine an accurate legal description of the rights-of-way, the nature of the rights granted, and the widths of the rights-of-way granted by subsection (a). (c) Ratification of Existing Rights-of-Ways.-- (1) In general.--Except as provided in paragraph (2), any electric transmission right-of-way or conveyance within a federally granted highway easement granted by the State to the Association before the date of enactment of this Act is ratified. (2) Certain agreements.--Notwithstanding any other provision of this Act, this Act does not apply to land owned by Ahtna, Inc. and any prior or current right-of-way agreements that may exist between Ahtna, Inc. and the Copper Valley Electric Association or the State. (d) Compensation.-- (1) In general.--The Secretary shall-- (A) appraise the value of the rights-of-way granted under subsection (a); (B) pay to any owner of a Native allotment or, if the owner is deceased, the estate or assign of the owner, compensation for the grant of a right-of-way over the Native allotment in an amount determined under paragraph (2); (C) issue recordable instruments that indicate the location of the rights-of-way over the Native allotments; (D) provide written notice of the compensation procedure for the rights-of-way to-- (i) the owner of record for each Native allotment; or (ii) if the owner of record is deceased, the heir or assign of the owner of record; and (E) publish in the Federal Register and any newspaper of general circulation within the service area of the Association and location of the relevant allotment-- (i) notice of the compensation procedure established by this subsection; and (ii) with respect to a Native allotment described in section 2(2)(A)(ii), the location of the right-of-way, as prepared by the Association and provided to the Secretary, in accordance with any requirements established by the Secretary. (2) Calculation of payments.-- (A) In general.--For purposes of calculating the amount of compensation required under paragraph (1)(B), the Secretary shall determine, with respect to a portion of a Native allotment encumbered by a right-of- way-- (i) compensation for each right-of-way based on an appraisal conducted in conformity with the version of the Uniform Appraisal Standards for Federal Land Acquisitions that is correct as of the date of the compensation proceeding; and (ii) interest calculated based on the section 3116 of title 40, United States Code. (B) Date of valuation.--For purposes of subparagraph (A), the date of valuation of the acquisition by the Association of each right-of-way shall be considered to be the date on which the Association first entered upon the Native allotment at issue to develop the utility line of the Association, as determined by the Secretary. (3) Source of compensation payments.--Notwithstanding any other provision of law, any compensation payments required by this subsection shall be paid on a nonreimbursable basis from the permanent judgment appropriation under section 1304 of title 31, United States Code. (4) Judicial review.--Notwithstanding any other provision of law, judicial review under this subsection shall be limited to a review of the determination of the Secretary under paragraph (2) regarding the compensation for a right-of-way over a Native allotment. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Copper Valley Native Allotment Resolution Act of 2006 - Grants rights-of-way across specified Native allotments to the Copper Valley Electric Association for an electric transmission line. Declares ratified any electric transmission right-of-way or conveyance within a federally granted highway easement granted by the state of Alaska to the Association before the enactment of this Act. Declares this Act inapplicable to land owned by Ahtna, Inc. and any prior or current right-of-way agreements that may exist between Ahtna, Inc. and the Copper Valley Electric Association or Alaska. Prescribes compensation guidelines.

A bill to grant rights-of-way for electric transmission lines over certain Native allotments in the State of Alaska.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Protection and Rate Review Act of 2013''. SEC. 2. REQUIRING STATE INSURANCE COMMISSIONERS TO INVESTIGATE INSTANCES OF INADEQUATE NOTICES OF CANCELLATION OR CONVERSION OF INDIVIDUAL HEALTH INSURANCE POLICIES. (a) In General.--Each State insurance commissioner shall investigate and take appropriate administrative or other actions (such as the imposition of a fine) on cases of inadequate notices of cancellations or conversions of health insurance coverage in the individual market that take effect on or after January 1, 2014. (b) Inadequate Notice.--In this section, a notice of the cancellation or conversion of individual health insurance coverage shall be treated as inadequate if the notice-- (1) fails to contain information-- (A) on obtaining health insurance coverage through an Exchange under the Patient Protection and Affordable Care Act; (B) on the possible availability of assistance under such Act towards payment of the premiums and cost-sharing for such coverage; and (C) on the improved benefits for coverage through an Exchange, compared to health insurance coverage not offered through an Exchange; (2) fails to be transparent by inappropriately steering individuals to more expensive plans provided by the cancelling issuer; or (3) fails to otherwise comply with requirements of law. (c) Reports.-- (1) State commissioners to hhs.--Not later than March 31, 2014, each State insurance commissioner shall submit to the Secretary of Health and Human Services a report on the investigations and actions described in subsection (a). (2) HHS report to congress.--Not later than April 30, 2014, the Secretary shall submit to Congress a report on such investigations and actions. (d) Definitions of State, Health Insurance Coverage, and Individual Market.--In this section, the terms ``State'', ``health insurance coverage'', and ``individual market'' have the meanings given such terms for purposes of title I of the Patient Protection and Affordable Care Act. SEC. 3. PROTECTION OF CONSUMERS FROM EXCESSIVE, UNJUSTIFIED, OR UNFAIRLY DISCRIMINATORY RATES [FROM H.R. 1019]. (a) Protection From Excessive, Unjustified, or Unfairly Discriminatory Rates.--The first section 2794 of the Public Health Service Act (42 U.S.C. 300gg-94), as added by section 1003 of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by adding at the end the following new subsection: ``(e) Protection From Excessive, Unjustified, or Unfairly Discriminatory Rates.-- ``(1) Authority of states.--Nothing in this section shall be construed to prohibit a State from imposing requirements (including requirements relating to rate review standards and procedures and information reporting) on health insurance issuers with respect to rates that are in addition to the requirements of this section and are more protective of consumers than such requirements. ``(2) Consultation in rate review process.--In carrying out this section, the Secretary shall consult with the National Association of Insurance Commissioners and consumer groups. ``(3) Determination of who conducts reviews for each state.--The Secretary shall determine, after the date of enactment of this section and periodically thereafter, the following: ``(A) In which markets in each State the State insurance commissioner or relevant State regulator shall undertake the corrective actions under paragraph (4), as a condition of the State receiving the grant in subsection (c), based on the Secretary's determination that the State regulator is adequately undertaking and utilizing such actions in that market. ``(B) In which markets in each State the Secretary shall undertake the corrective actions under paragraph (4), in cooperation with the relevant State insurance commissioner or State regulator, based on the Secretary's determination that the State is not adequately undertaking and utilizing such actions in that market. ``(4) Corrective action for excessive, unjustified, or unfairly discriminatory rates.--In accordance with the process established under this section, the Secretary or the relevant State insurance commissioner or State regulator shall take corrective actions to ensure that any excessive, unjustified, or unfairly discriminatory rates are corrected prior to implementation, or as soon as possible thereafter, through mechanisms such as-- ``(A) denying rates; ``(B) modifying rates; or ``(C) requiring rebates to consumers. ``(5) Noncompliance.--Failure to comply with any corrective action taken by the Secretary under this subsection may result in the application of civil monetary penalties and, if the Secretary determines appropriate, make the plan involved ineligible for classification as a Qualified Health Plan.''. (b) Clarification of Regulatory Authority.--Such section is further amended-- (1) in subsection (a)-- (A) in the heading, by striking ``Premium'' and inserting ``Rate''; (B) in paragraph (1), by striking ``unreasonable increases in premiums'' and inserting ``potentially excessive, unjustified, or unfairly discriminatory rates, including premiums,''; and (C) in paragraph (2)-- (i) by striking ``an unreasonable premium increase'' and inserting ``a potentially excessive, unjustified, or unfairly discriminatory rate''; (ii) by striking ``the increase'' and inserting ``the rate''; and (iii) by striking ``such increases'' and inserting ``such rates''; (2) in subsection (b)-- (A) by striking ``premium increases'' each place it appears and inserting ``rates''; and (B) in paragraph (2)(B), by striking ``premium'' and inserting ``rate''; and (3) in subsection (c)(1)-- (A) in the heading, by striking ``Premium'' and inserting ``Rate''; (B) by inserting ``that satisfy the condition under subsection (e)(3)(A)'' after ``award grants to States''; and (C) in subparagraph (A), by striking ``premium increases'' and inserting ``rates''. (c) Conforming Amendment.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended-- (1) in section 2723 (42 U.S.C. 300gg-22), as redesignated by the Patient Protection and Affordable Care Act-- (A) in subsection (a)-- (i) in paragraph (1), by inserting ``and section 2794'' after ``this part''; and (ii) in paragraph (2), by inserting ``or section 2794'' after ``this part''; and (B) in subsection (b)-- (i) in paragraph (1), by inserting ``and section 2794'' after ``this part''; and (ii) in paragraph (2)-- (I) in subparagraph (A), by inserting ``or section 2794 that is'' after ``this part''; and (II) in subparagraph (C)(ii), by inserting ``or section 2794'' after ``this part''; and (2) in section 2761 (42 U.S.C. 300gg-61)-- (A) in subsection (a)-- (i) in paragraph (1), by inserting ``and section 2794'' after ``this part''; and (ii) in paragraph (2)-- (I) by inserting ``or section 2794'' after ``set forth in this part''; and (II) by inserting ``and section 2794'' after ``the requirements of this part''; and (B) in subsection (b)-- (i) by inserting ``and section 2794'' after ``this part''; and (ii) by inserting ``and section 2794'' after ``part A''. (d) Applicability to Grandfathered Plans.--Section 1251(a)(4)(A) of the Patient Protection and Affordable Care Act (Public Law 111-148), as added by section 2301 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), is amended by adding at the end the following: ``(v) Section 2794 (relating to reasonableness of rates with respect to health insurance coverage).''. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary. (f) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and shall be implemented with respect to health plans beginning not later than January 1, 2014.

Consumer Protection and Rate Review Act of 2013 - Requires each state insurance commissioner to investigate and take appropriate actions on cases of inadequate notices of cancellations or conversions of health insurance coverage in the individual market that take effect on or after January 1, 2014. Requires that such a notice be treated as inadequate if it fails to: (1) contain information on obtaining health insurance coverage through an American Health Benefit Exchange under the Patient Protection and Affordable Care Act (PPACA), on the possible availability of assistance under PPACA towards payment of the premiums and cost-sharing for such coverage, and on the improved benefits for coverage through an Exchange, compared to coverage not offered through an Exchange; (2) be transparent by inappropriately steering individuals to more expensive plans provided by the cancelling issuer; or (3) otherwise comply with requirements of law. Amends the Public Health Service Act to declare that federal requirements that the Secretary of Health and Human Services (HHS) review unreasonable premium increases in health care coverage shall not be construed to prohibit a state from imposing additional rate requirements on health insurance issuers that are more protective of consumers. Expands such review to include all rate increases, not only premium increases. Directs the Secretary or the relevant state insurance commissioner (or state regulator) to take corrective actions to ensure that any excessive, unjustified, or unfairly discriminatory rates are corrected before, or as soon as possible after, implementation, including through mechanisms such as denying rates, modifying rates, or requiring rebates to consumers. Authorizes civil monetary penalties and ineligibility as a qualified health plan for failing to comply with any corrective action taken by the Secretary. Requires the Secretary to determine whether the state insurance commissioner or regulator or the Secretary will undertake such corrective actions based on whether the state can adequately undertake such actions. Applies this Act to health plans grandfathered under PPACA.

Consumer Protection and Rate Review Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vaccines for the Future Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) AIDS.--The term ``AIDS'' has the meaning given the term in section 104A(g) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives. (3) Developing country.--The term ``developing country'' means a country that the World Bank determines to be a country with a lower middle income or less. (4) HIV/AIDS.--The term ``HIV/AIDS'' has the meaning given the term in section 104A(g) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2). (5) GAVI alliance.--The term ``GAVI Alliance'' means the public-private partnership launched in 2000 for the purpose of saving the lives of children and protecting the health of all people through the widespread use of vaccines. (6) Neglected disease.--The term ``neglected disease'' means-- (A) HIV/AIDS; (B) malaria; (C) tuberculosis; or (D) any infectious disease that, according to the World Health Organization, afflicts over 1,000,000 people and causes more than 250,000 deaths each year in developing countries. (7) World bank.--The term ``World Bank'' means the International Bank for Reconstruction and Development. SEC. 3. FINDINGS. Congress makes the following findings: (1) Immunization is an inexpensive and effective public health intervention that has had a profound life-saving impact around the world. (2) During the 20th century, global immunization efforts have successfully led to the eradication of smallpox and the elimination of polio from the Western Hemisphere, Europe, and most of Asia. Vaccines for diseases such as measles and tetanus have dramatically reduced childhood mortality worldwide, and vaccines for diseases such as influenza, pneumonia, and hepatitis help prevent sickness and death of adults as well as children. (3) According to the World Health Organization, combined, AIDS, tuberculosis, and malaria kill more than 5,000,000 people a year, most of whom are in the developing world, yet there are no vaccines for these diseases. (4) Other, less well-known neglected diseases, such as pneumococcal disease, lymphatic filariasis, leptospirosis, leprosy, and onchocerciasis, result in severe health consequences for individuals afflicted with them, such as anemia, blindness, malnutrition and impaired childhood growth and development. In addition, these diseases result in lost productivity in developing countries costing in the billions of dollars. (5) Infants, children, and adolescents are among the populations hardest hit by AIDS, malaria, and many other neglected diseases. Nearly 11,000,000 children under age 5 die each year due to these diseases, primarily in developing countries. Existing and future vaccines that target children could prevent more than 2,500,000 of these illnesses and deaths. (6) The devastating impact of neglected diseases in developing countries threatens the political and economic stability of these countries and constitutes a threat to United States economic and security interests. (7) Of more than $100,000,000,000 spent on health research and development across the world, only $6,000,000,000 is spent each year on diseases that are specific to developing countries, most of which is from public and philanthropic sources. (8) Despite the devastating impact these and other diseases have on developing countries, it is estimated that only 10 percent of the world's research and development on health is targeted on diseases affecting 90 percent of the world's population. (9) Because the developing country market is small and unpredictable, there is an insufficient private sector investment in research for vaccines for neglected diseases that disproportionately affect populations in developing countries. (10) Creating a broad range of economic incentives to increase private sector research on neglected diseases is critical to the development of vaccines for neglected diseases. (11) In recognition of the need for more economic incentives to encourage private sector investment in vaccines for neglected diseases, an international group of health, technical, and economic experts has developed a framework for an advance market commitment pilot program for pneumococcal vaccines. Pneumococcal disease, a cause of pneumonia and meningitis, kills 1,600,000 people every year, an estimated 1,000,000 of whom are children under age 5. This pilot program will seek to stimulate investments to develop and produce pneumococcal vaccines that could prevent between 500,000 and 700,000 deaths by the year 2020. (12) On February 9, 2007, 5 countries, Britain, Canada, Italy, Norway, and Russia, together with the Bill and Melinda Gates Foundation, pledged, under a plan called an Advance Market Commitment, to purchase pneumococcal vaccines now under development. Together, these countries and the Bill and Melinda Gates Foundation have committed $1,500,000,000 for this program. Experts believe that this initiative could accelerate by a decade the widespread use of such a vaccine in the developing world and could prevent the deaths of an estimated 5,400,000 children by 2030. SEC. 4. SENSE OF CONGRESS ON SUPPORT FOR NEGLECTED DISEASES. It is the sense of Congress that-- (1) the President should continue to encourage efforts to support the Global HIV Vaccine Enterprise, a virtual consortium of scientists and organizations committed to accelerating the development of an effective HIV vaccine; (2) the United States should work with the Global Fund to Fight AIDS, Tuberculosis and Malaria, the Joint United Nations Programme on HIV/AIDS (``UNAIDS''), the World Health Organization, the International AIDS Vaccine Initiative, the GAVI Alliance, and the World Bank to ensure that all countries heavily affected by the HIV/AIDS pandemic have national AIDS vaccine plans; (3) the United States should support and encourage the carrying out of the agreements of the Group of 8 made at the 2005 Summit at Gleneagles, Scotland, to increase direct investment and create market incentives, including through public-private partnerships and advance market commitments, to complement public research in the development of vaccines, microbicides, and drugs for HIV/AIDS, malaria, tuberculosis, and other neglected diseases; (4) the United States should support the development of effective vaccines for infants, children, and adolescents as early as is medically and ethically appropriate, in order to avoid significant delays in the availability of pediatric vaccines at the cost of thousands of lives; (5) the United States should continue supporting the work of the GAVI Alliance and the Global Fund for Children's Vaccines as appropriate and effective vehicles to purchase and distribute vaccines for neglected diseases at an affordable price once such vaccines are discovered in order to distribute them to the developing world; (6) the United States should work with others in the international community to address the multiple obstacles to the development of vaccines for neglected diseases including scientific barriers, insufficient economic incentives, protracted regulatory procedures, lack of delivery systems for products once developed, liability risks, and intellectual property rights; and (7) the United States should contribute to the pilot Advance Market Commitment for pneumococcal vaccines launched in Rome on February 9, 2007, which could prevent some 500,000 to 700,000 child deaths by the year 2020 and an estimated 5,400,000 child deaths by 2030. SEC. 5. PUBLIC-PRIVATE PARTNERSHIPS. (a) Findings.--Congress makes the following findings: (1) Partnerships between governments and the private sector (including foundations, universities, corporations, community- based organizations, and other nongovernmental organizations) are playing a critical role in the area of global health, particularly in the fight against neglected diseases, including HIV/AIDS, tuberculosis, and malaria. (2) These public-private partnerships improve the delivery of health services in developing countries and accelerate research and development of vaccines and other preventive medical technologies essential to combating infectious diseases that disproportionately kill people in developing countries. (3) These public-private partnerships maximize the unique capabilities of each sector while combining financial and other resources, scientific knowledge, and expertise toward common goals which cannot be achieved by either sector alone. (4) Public-private partnerships such as the International AIDS Vaccine Initiative, PATH's Malaria Vaccine Initiative, and the Global TB Drug Facility are playing cutting edge roles in the efforts to develop vaccines for these diseases. (5) Public-private partnerships serve as incentives to the research and development of vaccines for neglected diseases by providing biotechnology companies, which often have no experience in developing countries, with technical assistance and on the ground support for clinical trials of the vaccine through the various stages of development. (6) Sustaining existing public-private partnerships and building new ones where needed are essential to the success of the efforts by the United States and others in the international community to find a cure for these and other neglected diseases. (b) Sense of Congress.--It is the sense of Congress that-- (1) the sustainment and promotion of public-private partnerships must be a central element of the strategy pursued by the United States to create effective incentives for the development of vaccines and other preventive medical technologies for neglected diseases debilitating the developing world; and (2) the United States Government should take steps to address the obstacles to the development of these technologies by increasing investment in research and development and establishing market and other incentives. SEC. 6. COMPREHENSIVE STRATEGY FOR ACCELERATING THE DEVELOPMENT OF VACCINES FOR NEGLECTED DISEASES. (a) Requirement for Strategy.--The President shall establish a comprehensive strategy to accelerate efforts to develop vaccines and microbicides for neglected diseases such as HIV/AIDS, malaria, and tuberculosis. Such strategy shall-- (1) expand public-private partnerships and seek to leverage resources from other countries and the private sector; (2) include the negotiation of advance market commitments and other initiatives to create economic incentives for the research, development, and manufacturing of vaccines and microbicides for HIV/AIDS, tuberculosis, malaria, and other neglected diseases; (3) address intellectual property issues surrounding the development of vaccines and microbicides for neglected diseases; (4) maximize United States capabilities to support clinical trials of vaccines and microbicides in developing countries; (5) address the issue of regulatory approval of such vaccines and microbicides, whether through the Commissioner of the Food and Drug Administration, or the World Health Organization, or another entity; and (6) expand the purchase and delivery of existing vaccines. (b) Report.--Not later than 180 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a report setting forth the strategy described in subsection (a) and the steps to implement such strategy. SEC. 7. ADVANCE MARKET COMMITMENTS. (a) Purpose.--The purpose of this section is to improve global health by creating a competitive market for future vaccines through advance market commitments. (b) Authority To Negotiate.-- (1) In general.--The Secretary of the Treasury shall enter into negotiations with the appropriate officials of the World Bank, the International Development Association, and the GAVI Alliance, the member nations of such entities, and other interested parties for the purpose of establishing advance market commitments to purchase vaccines and microbicides to combat neglected diseases. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the status of the negotiations to create advance market commitments under this section. This report may be submitted as part of the report submitted under section 6(b). (c) Requirements.--The Secretary of the Treasury shall work with the entities referred to in subsection (b) to ensure that there is an international framework for the establishment and implementation of advance market commitments and that such commitments include-- (1) legally binding contracts for product purchase that include a fair market price for a guaranteed number of treatments to ensure that the market incentive is sufficient; (2) clearly defined and transparent rules of competition for qualified developers and suppliers of the product; (3) clearly defined requirements for eligible vaccines to ensure that they are safe and effective; (4) dispute settlement mechanisms; and (5) sufficient flexibility to enable the contracts to be adjusted in accord with new information related to projected market size and other factors while still maintaining the purchase commitment at a fair price. (d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2009 through 2014 to fund an advance market commitment pilot program for pneumococcal vaccines. (2) Availability.--Amounts appropriated pursuant to this subsection shall remain available until expended without fiscal year limitation.

Vaccines for the Future Act of 2007- Directs the President to establish a strategy to accelerate efforts to develop vaccines and microbicides for neglected diseases such as HIV/AIDS, malaria, and tuberculosis, which shall: (1) expand public-private partnerships; (2) create economic incentives for such vaccines' research, development, and manufacturing; (3) include the negotiation of advanced market commitments; (4) address related intellectual property and regulatory approval issues; (5) maximize U.S. capabilities to support clinical trials in developing countries; (6) expand the purchase and delivery of existing vaccines; and (7) address the challenges of advance delivery of vaccines in developing countries. Directs the Secretary of the Treasury to enter into negotiations with the World Bank, the International Development Association, Global Alliance for Vaccines and Immunizations, and other interested parties to establish advanced market commitments to purchase such vaccines and microbicides.

To accelerate efforts to develop vaccines for diseases primarily affecting developing countries, and for other purposes.

SECTION 1. FINDINGS. Congress makes the following findings: (1) The Selected Reserve of the Ready Reserve of the Armed Forces is the element of the Armed Forces of the United States that has the capability quickly to augment the active duty forces of the Armed Forces successfully in times of crisis. (2) The Selected Reserve has been assigned increasingly critical levels of responsibility for carrying out the worldwide military missions of the Armed Forces since the end of the Cold War. (3) Members of the Selected Reserve have served proudly as mobilized forces in numerous theaters from Europe to the Pacific and South America, indeed, around the world. (4) The active duty forces of the Armed Forces cannot successfully perform all of the national security missions of the Armed Forces without augmentation by the Selected Reserve. (5) The high and increasing tempo of activity of the Selected Reserve causes turbulence in the relationships of members of the Selected Reserve with their families, employers, and reserve units. (6) The turbulence often results from lengthy, sometimes year-long, absences of the members of the Selected Reserve from their families and their civilian jobs in the performance of military duties necessary for the execution of essential missions. (7) Family turbulence includes the difficulties associated with vacillation between coverage of members' families for health care under civilian health benefits plans and coverage under the military health benefits options. (8) Up to 200,000 members of the Selected Reserve, including, in particular, self-employed members, do not have adequate health benefits. SEC. 2. PARTICIPATION BY MEMBERS OF THE SELECTED RESERVE AND THEIR DEPENDENTS IN THE TRICARE PROGRAM. (a) In General.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1076a the following new section: ``Sec. 1076b. TRICARE program: participation by members of the Selected Reserve and their dependents ``(a) In General.--(1) A member of the Selected Reserve shall be eligible to receive health care under TRICARE Standard. Such a member shall be required to pay 40 percent of the premiums associated with participation in TRICARE Standard, and the Government shall be required to pay 60 percent of such premiums. ``(2) Participation of a member of the Selected Reserve in TRICARE Standard shall not effect the enrollment of such member in TRICARE Prime if such member is called to active duty. ``(b) Dependents.--(1) A dependent of a member of the Selected Reserve shall be eligible to receive health care under TRICARE Standard. Such a member shall be required to pay 40 percent of the premiums associated with participation by the dependent in TRICARE Standard, and the Government shall be required to pay 60 percent of such premiums. ``(2) Participation of a dependent of a member of the Selected Reserve in TRICARE Standard shall not effect the enrollment of such dependent in TRICARE Prime if such member is called to active duty. ``(c) Period for Election To Participate.--Each year the Secretary of Defense shall specify a period for election to participate in TRICARE Standard under subsections (a) and (b). The duration of the annual period may be any period of 90 or more days specified by the Secretary. ``(d) Termination of Participation.--(1) If the status of a person as a member of the Selected Reserve terminates, the participation of that person, or a dependent of such person, in TRICARE Standard by reason of eligibility under this section terminates on the effective date of that termination of status. ``(2) No portion of a premium paid for participation in TRICARE Standard under subsection (a) or (b) shall be refunded to a person whose participation in TRICARE Standard is terminated under paragraph (1). ``(e) Future Applicability of Premiums Already Paid.--Premiums paid for participation in TRICARE Standard under this section for a period during which a member or dependent is enrolled in TRICARE Prime as a result of the member being called to active duty shall be applied to a period during which the member or dependent is no longer enrolled in TRICARE Prime. ``(f) Selected Reserve.--In this section, the term `Selected Reserve' has the meaning of that term as used in section 10143 of this title.''. (b) Conforming Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1076a the following new item: ``1076b. TRICARE program: participation by members of the Selected Reserve and their dependents.''.

Makes a member of the Selected Reserve and his or her dependents eligible for health care under the TRICARE Standard. Requires the member to pay 40 percent of the premiums for such care, and the Government to pay the remaining 60 percent. States that participation in TRICARE Standard shall not effect enrollment of the member or dependent in TRICARE Prime if the member is called to active duty.Requires the Secretary to Defense to annually specify a period of at least 90 days for election to participate in TRICARE Standard.Terminates coverage upon termination of membership in the Selected Reserve.

To amend title 10, United States Code, to provide for expanded eligibility for participation by members of the Selected Reserve and their dependents in the TRICARE program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Waste and Abuse Reduction Act of 1995''. SEC. 2. PROHIBITING UNNECESSARY AND WASTEFUL MEDICARE PAYMENTS FOR CERTAIN ITEMS. Notwithstanding any other provision of law, regulation or payment policy, the following categories of charges shall not be reimbursable under title XVIII of the Social Security Act: (a) tickets to sporting or other entertainment events, (b) gifts or donations, (c) costs related to team sports, (d) personal use of automobiles, (e) costs for fines and penalties resulting from violations of Federal, State or local laws or regulations, and (f) tuition or fees for spouses or dependents of providers of services, their employees or contractors. SEC. 3. COMPETITIVE BIDDING TO REDUCE WASTEFUL MEDICARE PAYMENTS FOR DURABLE MEDICAL EQUIPMENT AND MEDICAL SUPPLIES. (a) General Rule.--Part B of title XVIII of the Social Security Act is amended by inserting after section 1846 the following: ``competition acquisition for items and services ``Sec. 1847. (a) Establishment of Bidding Areas.-- ``(1) In general.--The Secretary shall establish competitive acquisition areas for the purpose of awarding a contract or contracts for the furnishing under this part of the items and services described in subsection (c) on or after January 1, 1996. The Secretary may establish different competitive acquisition areas under this subsection for different classes of items and services under this part. ``(2) Criteria for establishment.--The competitive acquisition areas established under paragraph (1) shall-- ``(A) initially be, or be within, metropolitan statistical areas; ``(B) be chosen based on the availability and accessibility of suppliers and the probable savings to be realized by the use of competitive bidding in the furnishing of items and services in the area; and ``(C) be chosen so as to not reduce access to such items and services to individuals residing in rural and other underserved areas. ``(b) Awarding of Contracts in Areas.-- ``(1) In general.--The Secretary shall conduct a competition among individuals and entities supplying items and services under this part for each competitive acquisition area established under subsection (a) for each class of items and services. ``(2) Conditions for awarding contract.--The Secretary may not award a contract to any individual or entity under the competition conducted pursuant to paragraph (1) to furnish an item or service under this part unless the Secretary finds that the individual or entity-- ``(A) meets quality standards specified by the Secretary for the furnishing of such item or service; and ``(B) offers to furnish a total quantity of such item or service that is sufficient to meet the expected need within the competitive acquisition area and to assure that access to such items and services to individuals residing in rural and other underserved areas is not reduced. ``(3) Contents of contract.--A contract entered into with an individual or entity under the competition conducted pursuant to paragraph (1) shall specify (for all of the items and services within a class)-- ``(A) the quantity of items and services the entity shall provide; and ``(B) such other terms and conditions as the Secretary may require. ``(c) Services Described.--The items and services to which the provisions of this section shall apply are as follows: ``(1) Durable medical equipment and medical supplies. ``(2) Oxygen and oxygen equipment. ``(3) Such other items and services for which the Secretary determines that the use of competitive acquisition under this section will be appropriate and cost-effective.''. (b) Items and Services To Be Furnished Only Through Competitive Acquisition.--Section 1862(a) (42 U.S.C. 1395y(a)), as amended by section 4034(b)(4), is amended-- (1) by striking ``or'' at the end of paragraph (14); (2) by striking the period at the end of paragraph (15) and inserting ``; or''; and (3) by inserting after paragraph (15) the following new paragraph: ``(16) where such expenses are for an item or service furnished in a competitive acquisition area (as established by the Secretary under section 1847(a)) by an individual or entity other than the supplier with whom the Secretary has entered into a contract under section 1847(b) for the furnishing of such item or service in that area, unless the Secretary finds that such expenses were incurred in a case of urgent need.''. (c) Reduction in Payment Amounts if Competitive Acquisition Fails To Achieve Minimum Reduction in Payments.--Notwithstanding any other provision of title XVIII of the Social Security Act, if the establishment of competitive acquisition areas under section 1847 of such Act (as added by subsection (a)) and the limitation of coverage for items and services under part B of such title to items and services furnished by providers with competitive acquisitions contracts under such section does not result in a reduction of at least 10 percent (20 percent for oxygen and oxygen equipment) in the projected payment amount that would have applied to the item or service under part B if the item or service had not been furnished through competitive acquisition under such section, the Secretary shall reduce the payment amount by such percentage as the Secretary determines necessary to result in such a reduction. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished under part B of title XVIII of the Social Security Act on or after January 1, 1996. SEC. 4. INTERIM REDUCTION IN EXCESSIVE PAYMENTS FOR OXYGEN. Section 1834(a)(1)(D) is amended by adding the following sentence at the end: ``With respect to oxygen and oxygen equipment furnished between October 1, 1995 and January 1, 1996, the Secretary shall reduce the payment amount applied under subparagraph (B)(ii) for such items by 20 percent.''. SEC. 5. REDUCING EXCESSIVE BILLINGS FOR CERTAIN ITEMS. Section 1834(a)(15)(A) is amended by striking ``scooters.'' and adding ``scooters, orthotic body jackets, and incontinence supplies.'' SEC. 6. IMPROVED CARRIER AUTHORITY TO REDUCE EXCESSIVE MEDICARE PAYMENTS. (a) General Rule.--Section 1834(a)(10)(B) is amended by striking ``paragraphs (8) and (9)'' and all that follows through the end of the sentence and inserting ``section 1842(b)(8) to covered items and suppliers of such items and payments under this subsection as such provisions (relating only to determinations of grossly excessive payment amounts) apply to items and services and entities and a reasonable charge under section 1842(b)''. (b) Repeal of Obsolete Provisions.-- (1) Section 1842(b)(8) is amended-- (A) by striking subparagraphs (B) and (C), (B) by striking the subparagraph designation ``(A)'', and (C) by redesignating clauses (i) and (ii) as (A) and (B), respectively. (2) Section 1842(b)(9) is repealed.

Medicare Waste and Abuse Reduction Act of 1995 - ProhibitsMedicare reimbursement of charges for tickets to sporting or other entertainment events, gifts or donations, and other specified items. Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish competitive acquisition areas within metropolitan statistical areas, based on the availability and accessibility of suppliers and the probable savings to be realized. Requires: (1) competitive bidding for durable medical equipment and supplies; and (2) reductions in excessive payments for oxygen and certain other items, in specified circumstances, in order to reduce waste and abuse in the program.

Medicare Waste and Abuse Reduction Act of 1995

SECTION 1. MAKING ONLINE BANKING INITIATION LEGAL AND EASY. (a) Definitions.--In this section: (1) Affiliate.--The term ``affiliate'' has the meaning given the term in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841). (2) Driver's license.--The term ``driver's license'' means a license issued by a State to an individual that authorizes the individual to operate a motor vehicle on public streets, roads, or highways. (3) Federal bank secrecy laws.--The term ``Federal bank secrecy laws'' means-- (A) section 21 of the Federal Deposit Insurance Act (12 U.S.C. 1829b); (B) section 123 of Public Law 91-508 (84 Stat. 1116); and (C) subchapter II of chapter 53 of title 31, United States Code. (4) Federally recognized indian tribe.--The term ``federally recognized Indian Tribe'' has the meaning given the term by the Secretary of the Interior under section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)). (5) Financial institution.--The term ``financial institution'' means-- (A) an insured depository institution; (B) an insured credit union; or (C) any affiliate of an insured depository institution or insured credit union. (6) Financial product or service.--The term ``financial product or service'' has the meaning given the term in section 1002(15) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481(15)). (7) Insured credit union.--The term ``insured credit union'' has the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752). (8) Insured depository institution.--The term ``insured depository institution'' has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (9) Online service.--The term ``online service'' means any Internet-based service, such as a Web site or mobile application. (10) Personal identification card.--The term ``personal identification card'' means an identification document issued by a State, local government, or federally recognized Indian Tribe to an individual solely for the purpose of identification of that individual. (11) Personal information.--The term ``personal information'' means the information displayed on or electronically encoded on a driver's license or personal identification card that is reasonably necessary to fulfill the purpose and uses permitted by subsection (b). (12) State.--The term ``State'' means any State, commonwealth, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, or the United States Virgin Islands. (13) Scan.--The term ``scan'' means the act of using a device or software to decipher, in an electronically readable format, personal information displayed on or electronically encoded on a driver's license or personal identification card. (b) Use of a Driver's License or Personal Identification Card.-- (1) In general.--When an individual initiates a request through an online service to open an account with a financial institution or obtain a financial product or service from a financial institution, the financial institution may record personal information from a scan of the driver's license or personal identification card of the individual, or make a copy or receive an image of the driver's license or personal identification card of the individual, and store or retain such information in any electronic format for the purposes described in paragraph (2). (2) Uses of information.--Except as required to comply with Federal bank secrecy laws, a financial institution may only use the information obtained under paragraph (1)-- (A) to verify the authenticity of the driver's license or personal identification card; (B) to verify the identity of the individual; and (C) to comply with a legal requirement to record, retain, or transmit the personal information in connection with opening an account or obtaining a financial product or service. (3) Deletion of image.--A financial institution that makes a copy or receives an image of a driver's license or personal identification card of an individual in accordance with paragraph (1) shall, after using the image for the purposes described in paragraph (2), permanently delete, within a reasonable amount of time-- (A) any image of the driver's license or personal identification card, as applicable; and (B) any copy of any such image. (c) Disclosure of Personal Information.--Nothing in this section shall be construed to amend, modify, or otherwise affect any State or Federal laws that govern a financial institution's disclosure and security of personal information that is not publicly available. (d) Relation to State Law.--The provisions of this section shall preempt and supersede any State law that conflicts with a provision of this section, but only to the extent of such conflict. Passed the House of Representatives January 29, 2018. Attest: KAREN L. HAAS, Clerk.

(Sec. 1) This bill authorizes a financial institution to record personal information from a scan, copy, or image of an individual's driver's license or personal identification card and store the information electronically when an individual initiates an online request to open an account or obtain a financial product. The financial institution may use the information for the purpose of verifying the authenticity of the driver's license or identification card, verifying the identity of the individual, or complying with legal requirements. The financial institution must delete any copy or image of an individual's driver's license or personal identification card after use.

Making Online Banking Initiation Legal and Easy Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Link-up for Learning Grant Act''. SEC. 2. FINDINGS. Congress finds that-- (1) growing numbers of children live in an environment of social and economic conditions that greatly increase the risk of academic failure when such children become students; (2) more than 20 percent of the Nation's children live in poverty while at the same time the Nation's infrastructure of social support for such children has greatly eroded, for example, 40 percent of eligible children do not receive free or reduced price lunches or benefit from food stamps, 25 percent of such children are not covered by health insurance, and only 20 percent of such children are accommodated in public housing; (3) many at-risk students suffer the effects of inadequate nutrition and health care, overcrowded and unsafe living conditions and homelessness, family and gang violence, substance abuse, sexual abuse, child abuse, involuntary migration, and limited English proficiency that often create severe barriers to learning the knowledge and skills needed to become literate, independent, and productive citizens; (4) almost half of all children and youth live in a single parent family for some period of their lives, resulting in greatly reduced parental involvement in their education; (5) high proportions of disadvantaged and minority children live with never married mothers or teenage mothers who have extremely limited resources available for early childhood development and education; (6) large numbers of children and youth are recent immigrants or children of recent immigrants with limited English proficiency and significant unmet educational needs; (7) services for at-risk students are fragmented, expensive, overregulated, often ineffective and duplicative, and focused on narrow problems and not the needs of the whole child and family; (8) school personnel and other support service providers often lack knowledge of and access to available services for at-risk students and their family in the community, are constrained by bureaucratic obstacles from providing the services most needed, and have few resources or incentives to coordinate services; (9) service providers for at-risk students such as teachers, social workers, health care givers, juvenile justice workers and others are trained in separate institutions, practice in separate agencies, and pursue separate professional activities that provide little support for coordination and integration of services; (10) coordination and integration of services for at-risk students emphasizing prevention and early intervention offers a great opportunity to break the cycle of poverty that leads to academic failure, teenage parenthood, leaving school, low skill levels, unemployment, and low income; and (11) coordination of services is more cost effective for schools and support agencies because it reduces duplication, improves quality of services, and substitutes prevention for expensive crisis intervention. SEC. 3. PURPOSES. (a) In General.--It is the purpose of this Act to make demonstration grants to eligible entities to improve the educational performance of at-risk students by-- (1) removing barriers to such student's learning; (2) coordinating and enhancing the effectiveness of educational support services; (3) replicating and disseminating programs of high quality coordinated support services; (4) increasing parental educational involvement; (5) improving the capacity of school and support services personnel to collaborate educational services; (6) integrating services, regulations, data bases, eligibility procedures and funding sources whenever possible; and (7) focusing school and community resources on prevention and early intervention strategies to address student needs holistically. (b) Additional Purposes.--It is also the purpose of this Act to foster planning, coordination, and collaboration among local, county, State, and Federal educational and other student support service agencies and levels of government, nonprofit organizations, and the private sector to improve the educational performance of at-risk students by-- (1) identifying and removing unnecessary regulations, duplication of services, and obstacles to coordination; (2) improving communication and information exchange; (3) creating joint funding pools or resource banks; (4) providing cross-training of agency personnel; and (5) increasing parental and community involvement in education. SEC. 4. GRANTS AUTHORIZED. (a) In General.--The Secretary is authorized to award grants to eligible entities to pay the Federal share of the costs of the activities described in section 7. (b) Special Consideration.--In awarding grants under this Act, the Secretary shall give special consideration to-- (1) providing an equitable geographic distribution of such grants; (2) providing grants to eligible recipients serving urban and rural districts with high proportions of at-risk students; (3) awarding grants for programs involving interagency teams of collaborators providing case management services; and (4) providing grants to eligible recipients serving areas that experience a significant increase in the number of at-risk students. (c) Duration.--Grants made under this Act may be awarded for a period of not more than 3 years if the Secretary determines that the eligible recipient has made satisfactory progress toward the achievement of the program objectives described in the application submitted pursuant to section 8. SEC. 5. ELIGIBILITY. (a) In General.--For the purposes of this Act the term ``eligible entity'' means-- (1) at least one local educational agency in partnership with at least one public agency; (2) at least one nonprofit organization, institution of higher education, or private enterprise in partnership with at least one local educational agency; or (3) a local educational agency that is receiving assistance under the Head Start Transition Project Act in partnership with any agency designated as a Head Start agency under the Head Start Act. (b) Special Rule.--An eligible entity shall only be eligible for a grant under this Act if at least one local educational agency participating in the partnership is eligible to receive financial assistance under chapter 1 of title I of the Elementary and Secondary Education Act of 1965. SEC. 6. TARGET POPULATION. In order to receive a grant under this Act, an eligible entity shall serve-- (1) educationally deprived students and their families, students eligible to be counted under chapter 1 of title I of the Elementary and Secondary Education Act of 1965 and their families, or students participating in school-wide projects assisted under chapter 1 of title I of the Elementary and Secondary Education Act of 1965 and their families; and (2) any school, grade span, or program area if the program design is of adequate size, scope and quality to achieve program outcomes. SEC. 7. AUTHORIZED ACTIVITIES. (a) In General.--Each eligible entity receiving a grant under this Act may use such grant for programs that-- (1) plan, develop, coordinate, acquire, expand, or improve school-based or community-based education support services through cooperative agreements, contracts for services, or direct employment of staff to strengthen the educational performance of at-risk students, including support services such as child nutrition and nutrition education, health education, screening and referrals, student and family counseling, substance abuse prevention, extended school-day enrichment and remedial programs, before and after school child care, tutoring, mentoring, homework assistance, special curricula, family literacy, and parent education and involvement activities; (2) plan, develop, and operate with other agencies a coordinated services program for at-risk students to increase the access of such students to community-based social support services including child nutrition, health and mental health services, substance abuse prevention and treatment, foster care and child protective services, child abuse services, welfare services, recreation, juvenile delinquency prevention and court intervention, job training and placement, community-based alternatives to residential placements for students with disabilities, and alternative living arrangements for students with dysfunctional families; (3) develop effective strategies for coordinated services for at-risk students whose families are highly mobile; (4) develop effective prevention and early intervention strategies with other agencies to serve at-risk students and their families; (5) improve interagency communications and information- sharing, including developing local area telecommunications networks, software development, data base integration and management, and other applications of technology that improve coordination of services; (6) support co-location of support services in schools, cooperating service agencies, community-based centers, public housing sites, or other sites nearby schools, including rental or lease payments, open and lock-up fees, or maintenance and security costs necessary for the delivery of services for at- risk students; (7) design, implement, and evaluate unified eligibility procedures, integrated data bases, and secure confidentiality procedures that facilitate information-sharing; (8) provide at-risk students with integrated case planning and case management services through staff support for interagency teams of service providers or hiring school-based support services coordinators; (9) subsidize the coordination and delivery of education related services to at-risk students outside the school site by entities such as public housing authorities, libraries, senior citizen centers, or community-based organizations; (10) provide staff development for teachers, guidance counselors, administrator, and public agency support services staff, including cross-agency training in service delivery for at-risk students; (11) plan and operate one-stop school-based or nearby community-based service centers to provide at-risk students and their families with a wide variety and intensity of support services such as information, referral, expedited eligibility screening and enrollment and direct service delivery; and (12) support dissemination and replication of a model coordinated educational support services program to other local educational agencies including dissemination and replication of materials and training. (b) Limitations. (1) Planning.--Not more than one-third of each grant received under this Act shall be used for planning a coordinated services program. (2) Delivery of services.--Not more than 50 percent of each grant received under this Act shall be used for the delivery of services. (3) Supplement and not supplant.--Grant funds awarded under this Act shall be used to supplement and not supplant the funds that would otherwise be available from non-Federal sources for the activities assisted under this Act. SEC. 8. APPLICATIONS. (a) In General.--Each eligible entity desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (b) Contents.--Each application submitted pursuant to subsection (a) shall-- (1) describe the activities and services for which assistance is sought; (2) identify the degree of need for a coordinated services plan among the students served by the program; (3) describe the expected improvement in educational outcomes for at-risk students served by the program; (4) describe how the eligible entity will assess the educational and other outcomes of support services provided by such public agency participating in the partnership; (5) contain a description of how the eligible entity will improve the educational achievement of at-risk students through more effective coordination of support services, staff development and cross-agency training, and the educational involvement of parents; (6) describe how the eligible entity will continue the support services assisted under this Act after the Federal assistance provided under this Act is terminated; and (7) provide evidence of the capacity of the program to serve as a model program for replication by local educational agencies. (c) Advisory Council.-- (1) Establishment.--Each eligible entity desiring a grant under this Act shall establish a coordinated services advisory council to develop the application submitted pursuant to subsection (a). (2) Composition.--The advisory council described in paragraph (1) shall consist of the head of each public agency participating in the partnership, a member of the local board of education, and the superintendent of schools, or the designees of such individuals, and representatives of parents, students, and the private sector. (d) Review of Applications.--The Secretary shall review applications submitted pursuant to subsection (a) with the Secretary of Health and Human Services and the Secretary of Housing and Urban Development, as appropriate. SEC. 9. FEDERAL INTERAGENCY TASK FORCE. (a) Establishment and Composition.--There is established a Federal Interagency Task Force (in this section referred to as the ``Task Force'') consisting of the Secretaries of Education, Housing and Urban Development, and Health and Human Services, and the heads of other Federal agencies as appropriate. (b) Duties.--The Task Force shall identify means to facilitate interagency collaboration at the Federal, State, and local level to improve support services for at-risk students. The Task Force shall-- (1) identify, and to the extent possible, eliminate program regulations or practices that impede coordination and collaboration; (2) develop and implement whenever possible plans for creating jointly funded programs, unified eligibility and application procedures, and confidentiality regulations that facilitate information-sharing; and (3) make recommendations to Congress concerning legislative action needed to facilitate coordination of support services. SEC. 10. STUDY. (a) Study.--The Secretary shall conduct a study of the grants awarded under the Act to identify-- (1) the regulatory and legislative obstacles encountered in developing and implementing coordinated support services programs; and (2) the innovative procedures and program designs developed pursuant to this Act. (b) Report.--The Secretary shall report the results of the study conducted pursuant to subsection (a) to the Congress with recommendations for further legislative action to facilitate coordinated support services. SEC. 12. PAYMENTS; FEDERAL SHARE. (a) Payments.--The Secretary shall pay to each eligible entity having an application approved under section 8 the Federal share of the cost of the activities described in the application. (b) Federal Share.--The Federal share shall be 50 percent. SEC. 13. DEFINITIONS. For the purpose of this Act-- (1) the term ``local educational agency'' has the same meaning provided in section 1471(12) of the Elementary and Secondary Education Act of 1965; and (2) the term ``Secretary'', unless otherwise specified, means the Secretary of Education. SEC. 14. AUTHORIZATION OF FUNDS. There are authorized to be appropriated $100,000,000 for fiscal year 1994 and such sums as may be necessary for each of the fiscal years 1995 and 1996 to carry out the provisions of this Act.

Link-up for Learning Grant Act - Establishes a program of demonstration grants to local educational agencies (LEAs) in partnership with other eligible entities for coordinated educational and other student support services for at-risk youth. Authorizes the Secretary of Education to award such grants to eligible entities to pay the Federal share of costs of specified activities. Sets forth special considerations in awarding grants. Allows such grants to be for up to three years, subject to satisfactory progress. Makes eligible to apply for such a grant (provided that at least one LEA in the partnership is eligible to receive chapter 1 financial assistance for educationally disadvantaged children): (1) at least one LEA in partnership with at least one public agency; (2) at least one nonprofit organization, institution of higher education, or private enterprise in partnership with at least one LEA; or (3) an LEA that is receiving assistance under the Head Start Transition Project Act in partnership with any designated Head Start agency. Requires eligible entities, to serve: (1) educationally deprived students, students eligible to be counted under chapter 1, or students in chapter 1 schoolwide projects, and their family members; and (2) any school, grade span, or program area if the project design is of adequate size, scope, and quality. Requires each eligible entity desiring a grant to establish a coordinated services advisory council to develop its application. Establishes a Federal Interagency Task Force to: (1) identify and eliminate program regulations or practices impeding coordination and collaboration; and (2) develop and implement plans for jointly funded programs, unified eligibility and application procedures, and confidentiality regulations that facilitate information sharing. Directs the Secretary of Education to study and report to the Congress on grantees under this Act to identify regulatory and legislative obstacles to coordinated support services and innovative procedures and programs. Limits the Federal share of project costs to 50 percent. Authorizes appropriations.

Link-up for Learning Grant Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honest Expenditure Limitation Program Act of 2010'' or the ``HELP Act''. SEC. 2. EXPIRATION. This Act shall expire at the end of fiscal year 2020. TITLE I--CONGRESSIONAL NON-SECURITY DISCRETIONARY SPENDING LIMITS SEC. 101. NON-SECURITY DISCRETIONARY SPENDING LIMITS. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by inserting at the end the following: ``non-security discretionary spending limits ``Sec. 316. (a) Non-security Discretionary Spending Limits.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that would cause the non-security discretionary spending limits as set forth in subsection (b) to be exceeded. ``(b) Limits.--The non-security discretionary spending limits are as follows: ``(1) For fiscal years 2011 through 2015, the spending level for such spending in fiscal year 2010 reduced each year thereafter on a pro rata basis so that the level for fiscal year 2015 does not exceed the level for fiscal year 2008. ``(2) For fiscal years 2016 through 2020, the spending level for fiscal year 2015. ``(c) Non-security Spending.--In this section, the term `non- security discretionary spending' means discretionary spending other than spending for the Department of Defense, homeland security activities, intelligence related activities within the Department of State, the Department of Veterans Affairs, and national security related activities in the Department of Energy. ``(d) Limitations on Changes to This Section.--It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report that would-- ``(1) repeal or otherwise change this section; or ``(2) exempt any new budget authority, outlays, and receipts from being counted for purposes of this section. ``(e) Point of Order in the Senate.-- ``(1) Waiver.--The provisions of this section shall be waived or suspended in the Senate only-- ``(A) by the affirmative vote of two-thirds of the Members, duly chosen and sworn; or ``(B) in the case of the defense budget authority, if Congress declares war or authorizes the use of force. ``(2) Appeal.--Appeals in the Senate from the decisions of the Chair relating to any provision of this section shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the measure. An affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section.''. (b) Table of Contents.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Non-security discretionary spending limits.''. TITLE II--STATUTORY NON-SECURITY DISCRETIONARY SPENDING LIMITS Subtitle A--Definitions, Administration, and Sequestration SEC. 211. DEFINITIONS. In this title: (1) Account.--The term ``account'' means-- (A) for discretionary budget authority, an item for which appropriations are made in any appropriation Act; and (B) for items not provided for in appropriation Acts, direct spending and outlays therefrom identified in the program and finance schedules contained in the appendix to the Budget of the United States for the current year. (2) Breach.--The term ``breach'' means, for any fiscal year, the amount by which discretionary budget authority enacted for that year exceeds the spending limit for budget authority for that year. (3) Budget authority; new budget authority; and outlays.-- The terms ``budget authority'', ``new budget authority'', and ``outlays'' have the meanings given to such terms in section 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622). (4) Budget year.--The term ``budget year'' means, with respect to a session of Congress, the fiscal year of the Government that starts on October 1 of the calendar year in which that session begins. (5) CBO.--The term ``CBO'' means the Director of the Congressional Budget Office. (6) Current.--The term ``current'' means-- (A) with respect to the Office of Management and Budget estimates included with a budget submission under section 1105(a) of title 31, United States Code, the estimates consistent with the economic and technical assumptions underlying that budget; (B) with respect to estimates made after that budget submission that are not included with it, the estimates consistent with the economic and technical assumptions underlying the most recently submitted President's budget; and (C) with respect to the Congressional Budget Office, estimates consistent with the economic and technical assumptions as required by section 202(e)(1) of the Congressional Budget Act of 1974. (7) Current year.--The term ``current year'' means, with respect to a budget year, the fiscal year that immediately precedes that budget year. (8) Discretionary appropriations and discretionary budget authority.--The terms ``discretionary appropriations'' and ``discretionary budget authority'' shall have the meaning given such terms in section 3(4) of the Congressional Budget Act of 1974. (9) Non-security discretionary spending limit.--The term ``non-security discretionary spending limit'' shall mean the amounts specified in section 222. (10) OMB.--The term ``OMB'' means the Director of the Office of Management and Budget. (11) Sequestration.--The term ``sequestration'' means the cancellation or reduction of budget authority (except budget authority to fund mandatory programs) provided in appropriation Acts. SEC. 212. ADMINISTRATION AND EFFECT OF SEQUESTRATION. (a) Timetable.--The timetable with respect to this title is as follows: On or before: Action to be completed: 5 days before the President's budget CBO Discretionary Sequestration Preview Report. submission required under section 1105 of title 31, United States Code. The President's budget submission....... OMB Discretionary Sequestration Preview Report. 10 days after end of session............ CBO Final Discretionary Sequestration Report. 15 days after end of session............ OMB Final Discretionary Sequestration/Presidential Sequestration Order. (b) Presidential Order.-- (1) In general.--On the date specified in subsection (a), if in its Final Sequestration Report, OMB estimates that any sequestration is required, the President shall issue an order fully implementing without change all sequestrations required by the OMB calculations set forth in that report. This order shall be effective on issuance. (2) Special rule.--If the date specified for the submission of a Presidential order under subsection (a) falls on a Sunday or legal holiday, such order shall be issued on the following day. (c) Effects of Sequestration.--The effects of sequestration shall be as follows: (1) Budgetary resources sequestered from any account shall be permanently cancelled, except as provided in paragraph (5). (2) Except as otherwise provided, the same percentage sequestration shall apply to all programs, projects, and activities within a budget account (with programs, projects, and activities as delineated in the appropriation Act or accompanying report for the relevant fiscal year covering that account). (3) Administrative regulations or similar actions implementing a sequestration shall be made within 120 days of the sequestration order. To the extent that formula allocations differ at different levels of budgetary resources within an account, program, project, or activity, the sequestration shall be interpreted as producing a lower total appropriation, with the remaining amount of the appropriation being obligated in a manner consistent with program allocation formulas in substantive law. (4) Except as otherwise provided in this part, obligations or budgetary resources in sequestered accounts shall be reduced only in the fiscal year in which a sequester occurs. (5) Budgetary resources sequestered in special fund accounts and offsetting collections sequestered in appropriation accounts shall not be available for obligation during the fiscal year in which the sequestration occurs, but shall be available in subsequent years to the extent otherwise provided in law. (d) Submission and Availability of Reports.--Each report required by this section shall be submitted, in the case of CBO, to the House of Representatives, the Senate, and OMB and, in the case of OMB, to the House of Representatives, the Senate, and the President on the day it is issued. On the following day a notice of the report shall be printed in the Federal Register. Subtitle B--Non-security Discretionary Spending Limits SEC. 221. DISCRETIONARY SEQUESTRATION REPORTS. (a) Discretionary Sequestration Preview Reports.-- (1) Reporting requirement.--On the dates specified in section 212(a), OMB shall report to the President and Congress and CBO shall report to Congress a Discretionary Sequestration Preview Report regarding discretionary sequestration based on laws enacted through those dates. (2) Discretionary.--The Discretionary Sequestration Preview Report shall set forth estimates for the current year and each subsequent year through 2014 of the applicable discretionary spending limits and a projection of budget authority exceeding discretionary limits subject to sequester. (3) Explanation of differences.--The OMB reports shall explain the differences between OMB and CBO estimates for each item set forth in this subsection. (b) Discretionary Sequestration Reports.--On the dates specified in section 212(a), OMB and CBO shall issue Discretionary Sequestration Reports, reflecting laws enacted through those dates, containing all of the information required in the Discretionary Sequestration Preview Reports. (c) Final Discretionary Sequestration Reports.-- (1) Reporting requirements.--On the dates specified in section 212(a), OMB and CBO shall each issue a Final Discretionary Sequestration Report, updated to reflect laws enacted through those dates. (2) Discretionary spending.--The Final Discretionary Sequestration Reports shall set forth estimates for each of the following: (A) For the current year and each subsequent year through 2014; the applicable discretionary spending limits. (B) For the current year, if applicable, and the budget year; the new budget authority and the breach, if any. (C) The sequestration percentages necessary to eliminate the breach. (D) For the budget year, for each account to be sequestered, the level of enacted, sequesterable budget authority and resulting estimated outlays flowing therefrom. (3) Explanation of differences.--The OMB report shall explain-- (A) any differences between OMB and CBO estimates for the amount of any breach and for any required discretionary sequestration percentages; and (B) differences in the amount of sequesterable resources for any budget account to be reduced if such difference is greater than $5,000,000. (d) Economic and Technical Assumptions.--In all reports required by this section, OMB shall use the same economic and technical assumptions as used in the most recent budget submitted by the President under section 1105(a) of title 31, United States Code. SEC. 222. LIMITS. (a) Discretionary Spending Limits.--As used in this title, the term ``non-security discretionary spending limit'' shall have the same meaning as in section 316 of the Congressional Budget Act of 1974. (b) Enforcement.-- (1) Sequestration.--On the date specified in section 212(a), there shall be a sequestration to eliminate a budget- year breach. (2) Eliminating a breach.--Each non-security discretionary account shall be reduced by a dollar amount calculated by multiplying the enacted level of budget authority for that year in that account at that time by the uniform percentage necessary to eliminate a breach of the discretionary spending limit. (3) Part-year appropriations.--If, on the date the report is issued under paragraph (1), there is in effect an Act making continuing appropriations for part of a fiscal year for any budget account, then the dollar sequestration calculated for that account under paragraph (2) shall be subtracted from-- (A) the annualized amount otherwise available by law in that account under that or a subsequent part- year appropriation; and (B) when a full-year appropriation for that account is enacted, from the amount otherwise provided by the full-year appropriation. (4) Look-back.--If, after June 30, an appropriation for the fiscal year in progress is enacted that causes a breach for that year (after taking into account any previous sequestration), the discretionary spending limit for the next fiscal year shall be reduced by the amount of that breach. (5) Within-session sequestration reports and order.--If an appropriation for a fiscal year in progress is enacted (after Congress adjourns to end the session for that budget year and before July 1 of that fiscal year) that causes a breach, 10 days later CBO shall issue a report containing the information required in section 221(c). Fifteen days after enactment, OMB shall issue a report containing the information required in section 221(c). On the same day as the OMB report, the President shall issue an order fully implementing without change all sequestrations required by the OMB calculations set forth in that report. This order shall be effective on issuance. (c) Estimates.-- (1) CBO estimates.--As soon as practicable after Congress completes action on any legislation providing discretionary appropriations, CBO shall provide an estimate to OMB of that legislation. (2) OMB estimates.--Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any discretionary appropriations, OMB shall transmit a report to the Senate and to the House of Representatives containing-- (A) the CBO estimate of that legislation; (B) an OMB estimate of that legislation using current economic and technical assumptions; and (C) an explanation of any difference between the 2 estimates. (3) Differences.--If during the preparation of the report under paragraph (2), OMB determines that there is a difference between the OMB and CBO estimates, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation, to the extent practicable, shall include written communication to such committees that affords such committees the opportunity to comment before the issuance of that report. (4) Assumptions and guidelines.--OMB and CBO shall prepare estimates under this paragraph in conformance with scorekeeping guidelines determined after consultation among the House and Senate Committees on the Budget, CBO, and OMB.

Honest Expenditure Limitation Program Act of 2010 or HELP Act - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that would exceed specified non-security discretionary spending limits for FY2011-FY2020. Limits non-security discretionary spending limits for FY2011-FY2015 to the level provided in FY2010, but reduced each year on a pro rata basis so that the level for FY2015 does not exceed the level for FY2008. Limits the spending levels for FY2016-FY2020 to the FY2015 spending level. Defines "non-security discretionary spending" as discretionary spending other than spending for the Department of Defense (DOD), homeland security activities, intelligence-related activities within the Department of State, the Department of Veterans Affairs (VA), and national security related activities in the Department of Energy (DOE). Requires the President to issue a sequestration order, effective on issuance, if the Office of Management and Budget (OMB) in its Final Discretionary Sequestration Report estimates that any sequestration is required. Subjects to permanent cancellation any budgetary resources sequestered from any account, except those in special fund accounts or offsetting collections sequestered in appropriation accounts. Applies the same percentage sequestration to all programs, projects, and activities within a budget account. Requires Discretionary Sequestration Preview Reports by: (1) OMB to the President and Congress; and (2) the Congressional Budget Office (CBO) to Congress. Requires the OMB report to explain the difference between OMB and CBO estimates for each item. Requires the Final Discretionary Sequestration Reports to set forth estimates for: (1) the current year and each subsequent year through 2014; (2) the current year, if applicable, and, the budget year, the new budget authority and the breach, if any; (3) the sequestration percentages necessary to eliminate the breach; and (4) the level of enacted sequesterable budget authority, and resulting estimated outlays to be sequestered for each account. Sets forth sequestration enforcement mechanisms.

A bill to reduce the deficit by establishing discretionary caps for non-security spending.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elementary and Secondary Education Amendments of 1994''. TITLE I--ELEMENTARY AND SECONDARY EDUCATION PROGRAM AUTHORIZED SEC. 101. REFERENCE. Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a title, chapter, part, subpart, section, subsection, or other provision, the reference shall be considered to be made to a title, chapter, part, subpart, section, subsection, or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 et seq.). SEC. 102. BASIC GRANTS. (a) In General.--Section 1005 is amended-- (1) by redesignating subsection (g) as subsection (f); and (2) in subsection (f) (as redesignated by paragraph (1))-- (A) by striking ``During the period beginning October 1, 1988, and ending September 30, 1993,''; and (B) by inserting in lieu thereof ``During the period beginning October 1, 1994, and ending September 30, 1995''. (b) Effective Date.--The amendments made by paragraph (2) of subsection (a) shall take effect on September 30, 1994. SEC. 103. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS. Paragraph (3) of section 1017(d) is amended-- (1) by striking ``$30,000,000'' and all that follows through ``and 1993.''; and (2) by inserting in lieu thereof ``$40,000,000 for fiscal year 1995.''. SEC. 104. EVEN START PROGRAMS. Section 1059 is amended to read as follows: ``There are authorized to be appropriated for the purposes of this part $100,000,000 for the fiscal year 1995.''. SEC. 105. SECONDARY SCHOOL PROGRAMS FOR BASIC SKILLS IMPROVEMENT AND DROPOUT PREVENTION AND REENTRY. Section 1111 is amended to read as follows: ``There are authorized to be appropriated $550,000,000 for fiscal year 1995 to carry out this part.''. SEC. 106. FUNDS FOR THE IMPLEMENTATION OF SCHOOL IMPROVEMENT PROGRAMS. Section 1405 is amended by adding at the end the following: ``(c) Authorization of Appropriations.--There are authorized to be appropriated $26,000,000 for fiscal year 1995 to carry out this section.''. SEC. 107. GENERAL PROVISIONS. Section 1437 is amended-- (1) by striking ``$4,000,000 for the fiscal year 1989,'' and all that follows through ``1993''; and (2) by inserting ``$15,000,000 for fiscal year 1995''. SEC. 108. RURAL EDUCATIONAL OPPORTUNITIES. Section 1459 is amended to read as follows: ``SEC. 1459. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for this subpart $10,000,000 for fiscal year 1995.''. SEC. 109. STUDIES. Section 1463 is amended to read as follows: ``SEC. 1463. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out sections 1461 and 1462, $5,000,000 for fiscal year 1995.''. SEC. 110. FEDERAL, STATE, AND LOCAL PARTNERSHIP FOR EDUCATIONAL IMPROVEMENT. (a) In General.--Section 1502 is amended-- (1) in subsection (a)-- (A) by striking ``$580,000,000'' and all that follows through ``1993,''; and (B) by inserting in lieu thereof ``$706,000,000 for fiscal year 1995''. (2) in subsection (b)-- (A) by striking ``During the period beginning'' and all that follows through ``1993, the''; and (B) by inserting ``The''. (b) Effective Date.--The amendments made by paragraph (2) of subsection (a) shall take effect on September 30, 1994. SEC. 111. DWIGHT D. EISENHOWER MATHEMATICS AND SCIENCE EDUCATION ACT. (a) State Grants and National Programs.--Subsection (b) of section 2003 is amended-- (1) by striking ``$250,000,000'' and all that follows; and (2) by inserting ``$262,000,000 for fiscal year 1995.''. (b) Regional Mathematics and Science Education Consortiums.-- Section 2023 is amended to read as follows-- ``SEC. 2023. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $17,000,000 for fiscal year 1995 to carry out this subpart.''. SEC. 112. FOREIGN LANGUAGE ASSISTANCE. Section 2106 is amended to read as follows: ``SEC. 2106. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $20,000,000 for fiscal year 1995 to carry out this part.''. SEC. 113. MAGNET SCHOOLS ASSISTANCE. Subsection (a) of section 3001 is amended to read as follows:-- ``(a) Authorization of Appropriations.--There are authorized to be appropriated $165,000,000 for fiscal year 1995 to carry out this title.''. SEC. 114. WOMEN'S EDUCATIONAL EQUITY. Section 4007 is amended to read as follows: ``SEC. 4007. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $9,000,000 for fiscal year 1995 to carry out this part.''. SEC. 115. GIFTED AND TALENTED CHILDREN. Section 4108 is amended to read as follows: ``SEC. 4108. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $20,000,000 for fiscal year 1995 to carry out this part.''. SEC. 116. ALLEN J. ELLENDER FELLOWSHIP PROGRAM. Section 4332 is amended-- (1) in subsection (a)-- (A) by striking ``$3,000,000'' and all that follows; and (B) by inserting in lieu thereof ``$3,500,000 for fiscal year 1995.''; and (2) in paragraph (1) of subsection (b)-- (A) by striking ``$2,000,000'' and all that follows; and (B) by inserting ``$900,000 for fiscal year 1995.''. SEC. 117. IMMIGRANT EDUCATION. Subsection (a) of section 4403 is amended-- (1) by striking ``$30,000,000'' and all that follows; and (2) by inserting ``$40,000,000 for fiscal year 1995.''. SEC. 118. TERRITORIAL ASSISTANCE. (a) General Assistance to the Virgin Islands.--Section 4501 is amended-- (1) by striking ``for the fiscal year 1989 and for each of the 4 subsequent fiscal years''; and (2) by inserting in lieu thereof ``for fiscal year 1995''. (b) Territorial Teacher Training Assistance.--Section 4502 is amended-- (1) by striking ``for the fiscal year 1989 and for each of the 4 subsequent fiscal years''; and (2) by inserting in lieu thereof ``for fiscal year 1995''. SEC. 119. SECRETARY'S FUND FOR INNOVATION IN EDUCATION. (a) Instruction on the History and Principles of Democracy in the United States.--Section 4609 is amended by striking subsection (f). (b) Programs.--Section 4610 is amended-- (1) by redesignating subsection (d) as subsection (c); (2) in subsection (a)-- (A) by striking ``for the fiscal year 1989'' and all that follows through ``4607).''; and (B) by inserting in lieu thereof ``for fiscal year 1995 to carry out the provisions of this part (other than sections 4606, 4607, 4608 and 4609).''; (3) in paragraph (1) of subsection (b)-- (A) by striking ``for the fiscal year 1989'' and all that follows through ``1993''; and (B) by inserting in lieu thereof ``for fiscal year 1995''. (4) by adding at the end the following: ``(d) There are authorized to be appropriated $5,000,000 for fiscal year 1995 to carry out the provisions of section 4609.''. SEC. 120. READY TO LEARN. Subsection (a) of section 4706 is amended-- (1) by striking ``fiscal year 1994.''; and (2) by inserting ``for fiscal year 1995.'' SEC. 121. ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS. Subsection (a) of section 6003 is amended-- (1) by striking ``for fiscal year 1991'' and all that follows; and (2) by inserting ``for fiscal year 1995''. SEC. 122. ASSISTANCE TO PROVIDE BASIC SKILLS IMPROVEMENT. Section 6103 is amended-- (1) by striking ``for each of the fiscal years 1991 and 1992''; and (2) by inserting ``for fiscal year 1995''. SEC. 123. BILINGUAL EDUCATION PROGRAMS. Subsection (b) of section 7002 is amended-- (1) in paragraph (1)-- (A) by striking ``for the fiscal year 1989'' and all that follows; and (B) by inserting in lieu thereof ``for fiscal year 1995.''; (2) in paragraph (2)-- (A) by striking ``for the fiscal year 1989'' and all that follows; and (B) by inserting in lieu thereof ``for fiscal year 1995.''. TITLE II--AMENDMENTS TO OTHER EDUCATIONAL PROGRAMS SEC. 201. EDUCATION FOR THE HOMELESS. (a) Adult Education for the Homeless.--Subsection (c) of section 702 of the Stewart B. McKinney Homeless Assistance Act is amended-- (1) by striking ``$10,000,000'' and all that follows through ``1993''; and (2) by inserting in lieu thereof ``$13,700,000 for fiscal year 1995''. (b) Education for Homeless Children and Youth.--Paragraph (1) of section 722(g) of the Stewart B. McKinney Act is amended-- (1) by striking ``1991'' and all that follows; and (2) by inserting ``1995.''. SEC. 202. FOLLOW THROUGH PROGRAMS. Subsection (a) of section 667 of the Follow Through Act is amended-- (1) by striking ``for fiscal year 1991'' and all that follows; and (2) by inserting in lieu thereof ``for fiscal year 1995.'' SEC. 203. IMPACT AID PROGRAMS. (a) Public Law 874.--The Act of September 30, 1950 (Public Law 874, 81st Congress) is amended in subsection (b) of section 1-- (1) by striking ``$735,000,000'' and all that follows through ``1992, and''; and (2) by inserting after ``1993,'' the following: ``and such sums as may be necessary for fiscal year 1995''. (b) Public Law 815.--Section 1(a) of the Act of September 23, 1950 (Public Law 815, 81st Congress) is amended-- (1) by striking ``$25,000,000'' and all that follows through ``1992, and''; and (2) by inserting after ``1993,'' the following: ``and such sums as may be necessary for fiscal year 1995''. SEC. 204. INDIAN EDUCATION ACT. (a) Financial Assistance to Local Educational Agencies for the Education of Indian Children.--Subsection (a) of section 5316 of the Indian Education Act of 1988 is amended-- (1) in paragraph (1)-- (A) by striking ``1988''; and (B) by inserting ``1995''; and (2) in paragraph (2)-- (A) by striking ``1989, 1990, 1991, 1992, and 1993''; and (B) by inserting ``1995,''. (b) Improvement of Educational Opportunities for Indian Children.-- Subsection (g) of section 5321 of the Indian Education Act of 1988 is amended-- (1) in paragraph (1)-- (A) by striking ``each fiscal year'' and all that follows; and (B) by inserting in lieu thereof ``fiscal year 1995.''; and (2) in paragraph (2)-- (A) by striking ``for each fiscal year'' and all that follows; and (B) by inserting in lieu thereof ``fiscal year 1995.''. (c) Special Educational Training Programs for the Teachers of Indian Children.--Subsection (c) of section 5322 of the Indian Education Act of 1988 is amended to read as follows: ``(c) Authorization of Appropriations.--There are authorized to be appropriated $1,125,000 for fiscal year 1995 to carry out this section.''. (d) Fellowships for Indian Students.--Subsection (e) of section 5323 of the Indian Education Act of 1988 is amended to read as follows: ``(e) Authorization of Appropriations.--There are authorized to be appropriated $1,750,000 for fiscal year 1995 to carry out this section.''. (e) Gifted and Talented.--Subsection (e) of section 5324 of the Indian Education Act of 1988 is amended to read as follows: ``(e) Authorization of Appropriations.--There are authorized to be appropriated $3,000,000 for fiscal year 1995 for the purpose of carrying out this section. Such sums shall remain available until expended.''. (f) Improvement of Educational Opportunities for Adult Indians.-- Subsection (e) of section 5330 of the Indian Education Act of 1988 is amended to read as follows: ``(e) Authorization of Appropriations.--There are authorized to be appropriated $5,000,000 for fiscal year 1995 to carry out this section.''. (g) Program Administration.--Section 5343 of the Indian Education Act of 1988 is amended to read as follows: ``SEC. 5343. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $3,500,000 for fiscal year 1995 to carry out this subpart.''. SEC. 205. REFUGEE AND IMMIGRANT EDUCATION. Subsection (a) of section 102 of the Refugee Education Assistance Act of 1980 is amended-- by striking ``1981, 1982, 1983,''; and by inserting ``1995,''. SEC. 206. EDUCATION FOR NATIVE HAWAIIANS. (a) Native Hawaiian Model Curriculum Implementation Project.-- Subsection (d) of section 4003 of title IV of Public Law 100-297 is amended-- (1) by striking ``$3,000,000'' and all that follows through ``Act.''; and (2) by inserting in lieu thereof ``$500,000 for fiscal year 1995 to carry out this section.''. (b) Native Hawaiian Family-Based Education Centers.--Subsection (c) of section 4004 of title IV of Public Law 100-297 is amended-- (1) by striking ``$2,400,000'' and all that follows through ``through 1993.''; and (2) by inserting in lieu thereof ``$3,300,000 for fiscal year 1995.''. (c) Native Hawaiian Higher Education Demonstration Program.-- Subsection (e) of section 4005 of title IV of Public Law 100-297 is amended-- (1) in paragraph (1)-- (A) by striking ``$1,250,000'' and all that follows through ``through 1993,''; and (B) by inserting in lieu thereof ``$1,300,000 for fiscal year 1995,''; and (2) in paragraph (2)-- (A) by striking ``$750,000'' and all that follows through ``through 1993,''; and (B) by inserting ``$1,000,000 for fiscal year 1995,''. (d) Native Hawaiian Gifted and Talented Demonstration Program.-- Subsection (e) of section 4006 of title IV of Public Law 100-297 is amended-- (1) by striking ``1988'' and all that follows through ``1993.''; and (2) by inserting ``1995.''. (e) Native Hawaiian Special Education Program.--Subsection (c) of section 4007 of title IV of Public Law 100-297 is amended-- (1) by striking ``$1,500,000'' and all that follows through ``through 1993.''; and (2) by inserting in lieu thereof ``$500,000 for fiscal year 1995.''. SEC. 207. PARTNERSHIPS IN EDUCATION FOR MATHEMATICS, SCIENCE, AND ENGINEERING. Subsection (b) of section 304 of the Education for Economic Security Act is amended to read as follows: ``(b) There are authorized to be appropriated $15,000,000 for fiscal year 1995 to carry out this part.''. SEC. 208. STAR SCHOOLS PROGRAM. Paragraph (1) of section 903(b) of the Education for Economic Security Act is amended to read as follows: ``(b) Authorization of Appropriations.--(1) There are authorized to be appropriated $50,000,000 for fiscal year 1995.''. SEC. 209. NATIONAL CENTER FOR EDUCATION STATISTICS. Paragraph (1) of section 406(f) of the General Education Provisions Act is amended to read as follows: ``(f)(1) There are authorized to be appropriated $79,000,000 for fiscal year 1995 to carry out this section.''. SEC. 210. FUND FOR THE IMPROVEMENT AND REFORM OF SCHOOLS AND TEACHING. Subsection (a) of section 3242 of the Fund for the Improvement and Reform of Schools and Teaching Act is amended-- (1) by striking ``1989'' and all that follows through ``and 1993.''; and (2) by inserting ``1995.''. SEC. 211. NATIONAL WRITING PROJECT. Paragraph (1) of section 202(i) of the Education Council Act of 1991 is amended-- (1) by striking ``1991'' and all that follows through ``1993''; and (2) by inserting ``1995''. HR 5130 IH----2

TABLE OF CONTENTS: Title I: Elementary and Secondary Education Program Authorized Title II: Amendments to Other Educational Programs Elementary and Secondary Education Amendments of 1994 - Title I: Elementary and Secondary Education Program Authorized - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to extend the period of authorization of payments to State educational agencies for grants entitlements for basic programs operated by local educational agencies under title I chapter 1 provisions for financial assistance to meet special educational needs of disadvantaged children. Extends the authorization of appropriations for the following ESEA programs: (1) participation of children enrolled in private schools in chapter 1 programs; (2) Even Start programs; (3) secondary school programs for basic skills improvement and dropout prevention and reentry; (4) funds for the implementation of school improvement programs; (5) certain Federal evaluation, coordination and technical assistance, and research activities; (6) rural educational opportunities; (7) studies; (8) Federal, State, and local partnership for educational improvement (as well as extending the duration of such payments); (9) Eisenhower mathematics and science education State grants, national programs, and regional mathematics and science education consortia; (10) foreign language assistance; (11) magnet schools assistance; (12) women's educational equity; (13) Ellender fellowship program; (14) immigrant education; (15) general assistance to the Virgin Islands and territorial training assistance; (16) programs under the Secretary's Fund for Innovation in Education (including instruction on the history and principles of democracy in the United States); (17) the Ready-to-Learn program of educational television and instructional video programming for preschool and elementary school children and their parents; (18) assistance to address school dropout problems; (19) assistance to provide basic skills improvement; and (20) bilingual education programs (including State data collection and dissemination). Title II: Amendments to Other Educational Programs - Extends the authorization of appropriations for the following educational programs: (1) adult education for the homeless and education for homeless children and youth under the Stewart B. McKinney Act; (2) Follow Through programs under the Follow Through Act; (3) impact aid programs under specified Federal laws; (4) Indian education programs involving financial assistance to local educational agencies, improvement of educational programs involving financial assistance to local educational agencies, improvement of educational opportunities, special educational training for teachers, fellowships for Indian students, gifted and talented education, adult education, and program administration, under the Indian Education Act of 1988; (5) refugee and immigrant education under the Refugee Education Assistance Act of 1980; (6) Native Hawaiian education programs involving model curriculum implementation, family-based education centers, higher education, gifted and talented education, and special education, under specified Federal law; (7) partnerships in education for mathematics, science, and engineering under the Education for Economic Security Act; (8) the National Center for Education Statistics under the General Education Provisions Act; (9) programs under the Fund for the Improvement of Schools and Teaching Act; and (10) the National Writing Project under the Education Council Act of 1991.

Elementary and Secondary Education Amendments of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Fairness Act''. SEC. 2. FINDINGS. Congress finds the following: (1) During the years 2008 and 2009, the Nation's largest financial firms received extraordinary and unprecedented assistance from the public. (2) Such assistance was critical to the success and in many cases the survival of these firms during the year 2009. (3) High earners at such firms should contribute a portion of any excessive bonuses obtained for the year 2009 to help the Nation reduce the public debt and recover from the recession. SEC. 3. EXCISE TAXES ON EXCESSIVE 2009 BONUSES RECEIVED FROM MAJOR RECIPIENTS OF FEDERAL EMERGENCY ECONOMIC ASSISTANCE. (a) Imposition of Tax.--Chapter 46 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 4999A. EXCESSIVE 2009 BONUSES RECEIVED FROM MAJOR RECIPIENTS OF FEDERAL EMERGENCY ECONOMIC ASSISTANCE. ``(a) Imposition of Tax.--There is hereby imposed on any person who receives a covered excessive 2009 bonus a tax equal to 50 percent of the amount of such bonus. ``(b) Definition.--For purposes of this section, the term `covered excessive 2009 bonus' has the meaning given such term by section 280I(b). ``(c) Administrative Provisions and Special Rules.-- ``(1) Withholding.-- ``(A) In general.--In the case of any covered excessive 2009 bonus which is treated as wages for purposes of section 3402, the amount otherwise required to be deducted and withheld under such section shall be increased by the amount of the tax imposed by this section on such bonus. ``(B) Bonuses paid before enactment.--In the case of any covered excessive 2009 bonus to which subparagraph (A) applies which is paid before the date of the enactment of this section, no penalty, addition to tax, or interest shall be imposed with respect to any failure to deduct and withhold the tax imposed by this section on such bonus. ``(2) Treatment of tax.--For purposes of subtitle F, any tax imposed by this section shall be treated as a tax imposed by subtitle A. ``(3) Notice requirements.--The Secretary shall require each major Federal emergency economic assistance recipient (as defined in section 280I(d)(1)) to notify, as soon as practicable after the date of the enactment of this section and at such other times as the Secretary determines appropriate, the Secretary and each covered employee (as defined in section 280I(e)) of the amount of covered excessive 2009 bonuses to which this section applies and the amount of tax deducted and withheld on such bonuses. ``(4) Secretarial authority.--The Secretary may prescribe such regulations, rules, and guidance of general applicability as may be necessary to carry out the provisions of this section, including-- ``(A) to prescribe the due date and manner of payment of the tax imposed by this section with respect to any covered excessive 2009 bonus paid before the date of the enactment of this section, and ``(B) to prevent-- ``(i) the recharacterization of a bonus payment as a payment which is not a bonus payment in order to avoid the purposes of this section, ``(ii) the treatment as other than an additional 2009 bonus payment of any payment of increased wages or other payments to a covered employee who receives a bonus payment subject to this section in order to reimburse such covered employee for the tax imposed by this section with regard to such bonus, or ``(iii) the avoidance of the purposes of this section through the use of partnerships or other pass-thru entities.''. (b) Clerical Amendments.-- (1) The heading and table of sections for chapter 46 of the Internal Revenue Code of 1986 are amended to read as follows: ``Chapter 46--Taxes on Certain Excessive Remuneration ``Sec. 4999. Golden parachute payments. ``Sec. 4999A. Excessive 2009 bonuses received from major recipients of Federal emergency economic assistance.''. (2) The item relating to chapter 46 in the table of chapters for subtitle D of such Code is amended to read as follows: ``Chapter 46. Taxes on certain excessive remuneration.''. (c) Effective Date.--The amendments made by this section shall apply to payments of covered excessive 2009 bonuses after December 31, 2008, in taxable years ending after such date. SEC. 4. LIMITATION ON DEDUCTION OF AMOUNTS PAID AS EXCESSIVE 2009 BONUSES BY MAJOR RECIPIENTS OF FEDERAL EMERGENCY ECONOMIC ASSISTANCE. (a) In General.--Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 280I. EXCESSIVE 2009 BONUSES PAID BY MAJOR RECIPIENTS OF FEDERAL EMERGENCY ECONOMIC ASSISTANCE. ``(a) General Rule.--The deduction allowed under this chapter with respect to the amount of any covered excessive 2009 bonus shall not exceed 50 percent of the amount of such bonus. ``(b) Covered Excessive 2009 Bonus.--For purposes of this section, the term `covered excessive 2009 bonus' means any 2009 bonus payment paid during any calendar year to a covered employee by any major Federal emergency economic assistance recipient, to the extent that the aggregate of such 2009 bonus payments (without regard to the date on which such payments are paid) with respect to such employee exceeds the dollar amount of the compensation received by the President under section 102 of title 3, United States Code, for calendar year 2009. ``(c) 2009 Bonus Payment.-- ``(1) In general.--The term `2009 bonus payment' means any payment which-- ``(A) is a payment for services rendered, ``(B) is in addition to any amount payable to a covered employee for services performed by such covered employee at a regular hourly, daily, weekly, monthly, or similar periodic rate, ``(C) in the case of a retention bonus, is paid for continued service during calendar year 2009 or 2010, and ``(D) in the case of a payment not described in subparagraph (C), is attributable to services performed by a covered employee during calendar year 2009 (without regard to the year in which such payment is paid). Such term does not include payments to an employee as commissions, contributions to any qualified retirement plan (as defined in section 4974(c)), welfare and fringe benefits, overtime pay, or expense reimbursements. In the case of a payment which is attributable to services performed during multiple calendar years, such payment shall be treated as a 2009 bonus payment to the extent it is attributable to services performed during calendar year 2009. ``(2) Deferred deduction bonus payments.-- ``(A) In general.--The term `2009 bonus payment' includes payments attributable to services performed in 2009 which are paid in the form of remuneration (within the meaning of section 162(m)(4)(E)) for which the deduction under this chapter (determined without regard to this section) for such payment is allowable in a subsequent taxable year. ``(B) Timing of deferred deduction bonus payments.--For purposes of this section and section 4999A, the amount of any payment described in subparagraph (A) (as determined in the year in which the deduction under this chapter, determined without regard to this section, for such payment would be allowable) shall be treated as having been made in the calendar year in which any interest in such amount is granted to a covered employee (without regard to the date on which any portion of such interest vests). ``(3) Retention bonus.--The term `retention bonus' means any bonus payment (without regard to the date such payment is paid) to a covered employee which-- ``(A) is contingent on the completion of a period of service with a major Federal emergency economic assistance recipient, the completion of a specific project or other activity for the major Federal emergency economic assistance recipient, or such other circumstances as the Secretary may prescribe, and ``(B) is not based on the performance of the covered employee (other than a requirement that the employee not be separated from employment for cause). A bonus payment shall not be treated as based on performance for purposes of subparagraph (B) solely because the amount of the payment is determined by reference to a previous bonus payment which was based on performance. ``(d) Major Federal Emergency Economic Assistance Recipient.--For purposes of this section-- ``(1) In general.--The term `major Federal emergency economic assistance recipient' means-- ``(A) any financial institution (within the meaning of section 3 of the Emergency Economic Stabilization Act of 2008) if at any time after December 31, 2007, the Federal Government acquires-- ``(i) an equity interest in such person pursuant to a program authorized by the Emergency Economic Stabilization Act of 2008 or the third undesignated paragraph of section 13 of the Federal Reserve Act (12 U.S.C. 343), or ``(ii) any warrant (or other right) to acquire any equity interest with respect to such person pursuant to any such program, but only if the total value of the equity interest described in clauses (i) and (ii) in such person is not less than $5,000,000,000, ``(B) the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, and ``(C) any person which is a member of the same affiliated group (as defined in section 1504, determined without regard to subsection (b) thereof) as a person described in subparagraph (A) or (B). ``(2) Treatment of controlled groups.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single employer with respect to any covered employee. ``(e) Covered Employee.--For purposes of this section, the term `covered employee' means, with respect to any major Federal emergency economic assistance recipient-- ``(1) any employee of such recipient, and ``(2) any director of such recipient who is not an employee. In the case of any major Federal emergency economic assistance recipient which is a partnership or other unincorporated trade or business, the term `employee' shall include employees of such recipient within the meaning of section 401(c)(1). ``(f) Regulations.--The Secretary may prescribe such regulations, rules, and guidance of general applicability as may be necessary to carry out the provisions of this section, including-- ``(1) to prescribe the due date and manner of reporting and payment of any increase in the tax imposed by this chapter due to the application of this section to any covered excessive 2009 bonus paid before the date of the enactment of this section, and ``(2) to prevent-- ``(A) the recharacterization of a bonus payment as a payment which is not a bonus payment in order to avoid the purposes of this section, or ``(B) the avoidance of the purposes of this section through the use of partnerships or other pass-thru entities.''. (b) Clerical Amendment.--The table of sections for part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 280I. Excessive 2009 bonuses paid by major recipients of Federal emergency economic assistance.''. (c) Conforming Amendments.-- (1) Subparagraph (F) of section 162(m)(4) of the Internal Revenue Code of 1986 is amended-- (A) by inserting ``and excessive 2009 bonuses'' after ``payments'' in the heading, (B) by striking ``the amount'' and inserting ``the total amounts'', and (C) by inserting ``or 280I'' before the period. (2) Subparagraph (A) of section 3121(v)(2) of such Code is amended by inserting ``, to any covered excessive 2009 bonus (as defined in section 280I(b)),'' after ``section 280G(b))''. (d) Effective Date.--The amendments made by this section shall apply to payments of covered excessive 2009 bonuses after December 31, 2008, in taxable years ending after such date.

Taxpayer Fairness Act - Amends the Internal Revenue Code to: (1) impose a 50% tax on bonuses, including retention bonuses, exceeding $400,000 paid in 2009 to employees of financial institutions (including the Federal National Mortgage Association [Fannie Mae] and the Federal Home Loan Mortgage Corporation [Freddie Mac]) that received $5 billion or more in emergency economic assistance from the federal government; and (2) limit the business tax deduction for such bonuses to 50% of the amount of such bonuses.

A bill to amend the Internal Revenue Code of 1986 to impose an excise tax on excessive 2009 bonuses received from certain major recipients of Federal emergency economic assistance, to limit the deduction allowable for such bonuses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Home Owners Make Energy- Efficiency Residential Upgrades Now Act of 2008'' or the ``H-HOMERUN Act of 2008''. SEC. 2. RESIDENTIAL ENERGY EFFICIENCY DIRECT LOAN PROGRAM. (a) Establishment.--The Secretary of Housing and Urban Development (in this Act referred to as the ``Secretary'') shall establish and implement a program to make direct loans, to the extent amounts are provided for costs of such loans pursuant to subsection (f), for providing energy efficiency improvements for single family housing. (b) Use of Loan Funds.--A direct loan made under this section may be made for the costs of the acquisition or installation, or both the acquisition and installation, as applicable, of any energy efficiency improvement, including-- (1) a solar heating system; (2) a solar cooling system; (3) the application of a residential energy conservation measure; (4) a photovoltaic energy system; (5) a geothermal heat pump system; (6) a residential wind turbine; (7) a ``green roof'' (a roof of a building that is partially or completely covered with vegetation and soil, or a growing medium, planted over a waterproofing membrane); and (8) any cost-effective energy efficiency improvement eligible to be financed under a mortgage insured under the Energy Efficient Mortgage program established by section 513 of the Housing and Community Development Act of 1992 (42 U.S.C. 12712 note) and expanded pursuant to section 513(b) of such Act. (c) Loan Eligibility Requirements.-- (1) Contract requirement.--The Secretary may make a direct loan under this section only if the Secretary has entered into a contract with a borrower setting forth the terms of the loan. (2) Repayment requirement.--The Secretary shall require full repayment of the principal amount of the loan. (3) Interest rate.--Loans made under this section shall bear interest at a rate that is-- (A) fixed over the term of the loan; (B) at least 2 percentage points less than the average rate available from a private source for a comparable loan at the time of the making of the loan; and (C) subject to such other requirements or limitations as the Secretary may prescribe. (4) Investment requirement.--A borrower shall pay on account of the energy efficiency improvements for which the loan is made at least 5 percent of the Secretary's estimate of the cost of acquisition, installation, or both acquisition and installation, as applicable, in cash or its equivalent. (5) Credit underwriting standards.--The Secretary shall establish credit underwriting standards to evaluate the eligibility of borrowers to receive loans under this section. (6) Security for loan.--The Secretary shall determine the reasonable value of the interest in property that will serve as security for a direct loan made under this section and shall establish procedures for appraisals upon which the Secretary may base such determinations. (7) Repayment schedule.--Direct loans made under this section shall be repaid in monthly installments. (8) Principal residence requirement.--A direct loan made pursuant to this section shall be used only for providing energy efficiency improvements for the principal residence of the borrower. (9) Other terms.--Direct loans made under this section shall be subject to such other terms, conditions, and restrictions as the Secretary may require. (d) Energy Efficiency Requirements.-- (1) Cost-effective energy efficiency improvements.--The Secretary shall require, for any energy efficiency improvement for single family housing for which a direct loan is made under this section, that the total present value cost of the improvement (including any maintenance and repair expenses) is less than the total present value of the energy saved over the useful life of the improvement. (2) Energy efficiency determination.-- (A) Determination.--For purposes of paragraph (1), the cost of the improvement and an estimation of the energy savings of the improvement shall be determined pursuant to a home energy rating report based upon a physical inspection of the property by a home energy ratings system, or energy consultant, approved by the Secretary. (B) Qualified inspection and determination.--For purposes of subparagraph (A), the physical inspection shall be conducted and the determination shall be made by an individual certified by an appropriate national organization as the Secretary may provide. (e) Definition of Single Family Housing.--For the purposes of this section, the term ``single family housing'' means any residential structure consisting of from 1 to 4 dwelling units. (f) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to cover the costs (as such term is defined in section 502 of the Congressional Budget Act of 1974) of direct loans under this section such sums as may be necessary for each of the fiscal years 2009 to 2019. (2) Aggregate outstanding limitation.--The aggregate outstanding principal balance of direct loans made under this section shall not at any time exceed $100,000,000,000. SEC. 3. HUD ENERGY EFFICIENT MORTGAGE PROGRAM AMENDMENTS. (a) Cost of Improvements.--Subparagraph (C) of section 513(a)(2) of the Housing and Community Development Act of 1992 (42 U.S.C. 12712 note) is amended to read as follows: ``(C) Cost of improvements.--The Secretary shall not establish a maximum limitation on the cost of the cost-effective energy efficiency improvements to be financed by the energy efficient mortgage provided under the program established by this section and as expanded pursuant to subsection (b).''. (b) Investment Requirement.--Section 513(a)(2) of the Housing and Community Development Act of 1992 (42 U.S.C. 12712 note) is amended by adding at the end the following new subparagraph: ``(D) Investment requirement.--A mortgagor shall pay on account of the cost-effective energy efficiency improvements for which the mortgage is made at least 5 percent of the Secretary's estimate of the cost of acquisition, installation, or both acquisition and installation, as applicable, in cash or its equivalent.''. (c) Cost-Effective Determination.--Paragraph (2) of section 513(c) of the Housing and Community Development Act of 1992 (42 U.S.C. 12712 note) is amended-- (1) in the last sentence by-- (A) striking ``sufficient for'' and all that follows; and (B) inserting ``based upon a physical inspection of the property by a home energy ratings system, or energy consultant, approved by the Secretary.'' after ``pursuant to a home energy rating report''; and (2) by adding at the end the following new sentence: ``Such physical inspection shall be conducted and such determination shall be made by an individual certified by an appropriate national organization as the Secretary may provide.''

Helping Home Owners Make Energy-Efficiency Residential Upgrades Now Act of 2008 or the H-HOMERUN Act of 2008 - Requires the Secretary of Housing and Urban Development to establish a program to make direct loans for energy efficiency improvements for single family housing. Sets forth loan requirements. Directs the Secretary to require that the total present value cost of such improvement is less than the total present value of the energy saved over the useful life of the improvement. Requires such cost and savings to be determined pursuant to a home energy rating report based upon a physical inspection of the property by a home energy rating system, or energy consultant, approved by the Secretary. Requires the aggregate outstanding principal balance of direct loans to not at any time exceed $100 billion. Amends the Housing and Community Development Act of 1992 to prohibit the Secretary from establishing a maximum limitation on the cost of the cost-effective energy efficiency improvements to be financed by an energy efficient mortgage provided under the Energy Efficient Mortgages Program. Requires a mortgagor to pay on account of the cost-effective energy efficiency improvements for which the mortgage is made at least 5% of the Secretary's estimate of the cost of acquisition and/or installation.

To establish a direct loan program for providing energy efficiency improvements for single family housing, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parental Consent Drug Testing and Counseling Act''. SEC. 2. GRANT AUTHORIZATION. (a) State Grants.--The Secretary is authorized to provide grants to State educational agencies to provide subgrants that enable each local educational agency in the State to develop and implement a random drug testing and counseling program authorized by parents for students in grades 9 through 12 that shall be conducted on school premises. (b) State Application.--Any State educational agency that wishes to receive a grant under this part for any fiscal year shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (c) Local Subgrants.-- (1) In general.--Each State educational agency that receives a grant award under this Act shall award not less than 99.75 of such amount to provide subgrants to local educational agencies. (2) Local application.--Each Local educational agency that wishes to receive a subgrant under this part for any fiscal year shall submit an application to the State educational agency at such time and in such manner as the State educational agency may require. SEC. 3. ALLOCATION. (a) In General.-- (1) State allocation.--The Secretary shall allocate the amount available to carry out this Act and not reserved under subsection (b)(1) to each of the States as follows: (A) Fifty percent shall be allocated among such States on the basis of their relative populations of students in grades 9 through 12, as determined by the Secretary on the basis of the most recent satisfactory data. (B) Fifty percent shall be allocated among such States in accordance with the relative amounts such States received under part A of title I of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year. (2) Local allocation.--The State shall allocate the remaining amount available to carry out this Act and not reserved under subsection (b) to each of the local educational agencies in such State as follows: (A) 50 percent shall be allocated among such local educational agencies on the basis of their relative populations of students in grades 9 through 12, as determined by the Secretary on the basis of the most recent satisfactory data. (B) 50 percent shall be allocated among such local educational agencies in accordance with the relative amounts such jurisdictions received under part A of title I of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year. (3) Reallocation.--If any State does not apply for an allotment under paragraph (1) or a local educational agency does not apply for an allotment under paragraph (2) for any fiscal year, the Secretary or the State, as appropriate, shall reallocate such amount to the remaining jurisdictions in accordance with paragraph (1) or (2), as appropriate. (b) Administrative Costs.-- (1) Secretary.--The Secretary may reserve the lesser of $200,000 or 0.10 percent of the total amount appropriated to carry out this Act in each fiscal year for the costs of administration. (2) State educational agencies.--Each State educational agency may reserve not more than 0.25 percent of any grant funds received under this Act in each fiscal year for the costs of administration. (3) Local educational agencies.--Each local educational agency may reserve not more than 4 percent of any grant funds received under this Act in each fiscal year for the costs of administration. SEC. 4. REQUIREMENTS AND OPTIONAL ACTIVITIES. (a) In General.--Each local educational agency that receives a grant under this Act shall certify to the State educational agency that-- (1) funds received under this Act shall be used in accordance with subsection (b); (2) the agency shall develop a plan to implement a drug testing and counseling program; and (3) before implementation, any drug testing and counseling plan or subsequent amendment to such plan shall be considered a public document and made available to the public for review, not later than 30 days after such plan or amendment is available. (b) Uses of Funds.--A local educational agency that receives a grant under this Act shall utilize such funds to provide, either directly or through contract with outside sources, the following: (1) 50 percent of funds allocated under section 3 shall be used to perform drug testing for each student in grades 9 through 12 for which the agency has received parental permission, not less than once each year. Such testing shall, at a minimum, include a drug screening for marijuana, amphetamines, phencyclidine (PCP), opiates, and cocaine. (2) 50 percent of funds allocated under section 3 shall be used to provide counseling services to any high school student who receives a positive test result with such services continuing during the school year until a parent withdraws permission for such counseling. (c) Testing Requirements.--A local educational agency that receives a grant under this Act shall implement policies regarding drug testing as follows: (1) In the case of any student who receives a positive drug test result for the first time during that school year, an additional drug test shall be administered. (2) In the case of any student who receives a second positive drug test result, additional drug tests will be provided every 4 to 6 weeks until the parents of the student withdraw permission for drug testing. SEC. 5. GENERAL REQUIREMENTS. (a) Reporting of Test Results.--Each local educational agency that receives funds under this Act shall inform parents in detail regarding the random testing program and the counseling program to ensure that-- (1) at the beginning of each school year parents are notified of the option to enroll their child in the random drug testing program and informed of the counseling program and services offered through the program; and (2) parents are notified, on a timely basis, regarding-- (A) the positive results of any drug test of their child who participates in the program; and (B) the refusal of their child to take a drug test or participate in the counseling program, if applicable. (b) Confidentiality.--The local educational agency shall develop and enforce standards designed to protect the confidentiality of all student test results with the results of such tests released only to the parents of a student. No other public or private entity may receive or have access to drug testing results. No law enforcement agency shall have access to drug testing results. States shall develop policies dealing with violations of confidentiality. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``parent'' includes a legal guardian or other person standing in loco parentis; (2) the term ``Secretary'' means the Secretary of Education; and (3) the term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, and Guam. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $1,000,000,000 to carry out this Act for each of fiscal years 1999 through 2003. SEC. 8. AMENDMENT TO ESEA. (a) Amendment.--Part E of title XIV of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``SEC. 14515. RANDOM DRUG TESTING AND COUNSELING. ``Any local educational agency that receives funds under this Act shall implement a drug testing and counseling program that meets the requirements of the `Empowering Parents to Fight Drugs Act of 1998.'''. (b) Effective Date.--A local educational agency shall implement a drug testing and counseling program referred to in section 14515 of the Elementary and Secondary Education Act of 1965 not later than the school year beginning 1 year after the date of the enactment of this Act.

Authorizes parents to determine whether their children participate in such programs. Sets forth requirements for State and local allocations and administrative costs. Requires LEAs receiving grants to make certain certifications to SEAs. Sets forth required and optional uses of grant funds. Requires LEAs receiving such grant funds to inform parents about: (1) the random drug testing program, in detail; (2) their option to enroll their child in such program; (3) the counseling program and the services it offers; (4) any positive results of a drug test of their child who participates in the program; and (5) the refusal of their child to take a drug test or participate in the counseling program, if applicable. Requires such LEAs to provide for confidentiality of drug test results. Authorizes appropriations. Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require any LEA that receives ESEA funds to implement a drug testing and counseling program that meets the requirements of this Act.

Parental Consent Drug Testing and Counseling Act

SECTION 1. SHORT TITLE AND FINDINGS. (a) Short Title.--This Act may be cited as the ``Helium Privatization Act of 1995''. (b) Findings.--The Congress finds that-- (1) the United States Government's helium recovery program was instituted in 1925, when helium conservation was deemed to be a matter of national security and no private sector helium recovery industry existed; (2) today, as compared to 1925, there is little likelihood that the United States will have to field a fleet of blimps on an emergency basis; (3) private sources of helium are more than adequate for serving existing and foreseeable future national needs; (4) since 1925, there has been a dramatic increase in private industry's involvement in helium recovery, as a result of the free market discovery of numerous commercial uses for helium; (5) currently, private industry accounts for 90 percent of all helium extraction and consumption; (6) the Government's helium recovery program currently owes the Department of the Treasury $1,400,000,000 and in recent years has lost as much as an additional $120,000,000 yearly on interest alone, and there is no prospect for repayment of this debt without significant reform; and (7) with combined public and private helium reserves considerably in excess of foreseeable national helium needs, there is no longer any need for the Federal Government to own and operate a helium extraction and reserve program. SEC. 2. AMENDMENT OF HELIUM ACT. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Helium Act (50 U.S.C. 167 to 167n). SEC. 3. AUTHORITY OF SECRETARY. Sections 3, 4, and 5 are amended to read as follows: ``SEC. 3. AUTHORITY OF SECRETARY. ``(a) Extraction and Disposal of Helium on Federal Lands.--(1) The Secretary may enter into agreements with private parties for the recovery and disposal of helium on Federal lands upon such terms and conditions as he deems fair, reasonable and necessary. The Secretary may grant leasehold rights to any such helium. The Secretary may not enter into any agreement by which the Secretary sells such helium other than to a private party with whom the Secretary has an agreement for recovery and disposal of helium. Such agreements may be subject to such rules and regulations as may be prescribed by the Secretary. ``(2) Any agreement under this subsection shall be subject to the existing rights of any affected Federal oil and gas lessee. Each such agreement (and any extension or renewal thereof) shall contain such terms and conditions as deemed appropriate by the Secretary. ``(3) This subsection shall not in any manner affect or diminish the rights and obligations of the Secretary and private parties under agreements to dispose of helium produced from Federal lands in existence at the enactment of the Helium Privatization Act of 1995 except to the extent that such agreements are renewed or extended after such date. ``(b) Storage, Transportation, and Sale.--The Secretary is authorized to store, transport, and sell helium only in accordance with this Act. ``(c) Monitoring and Reporting.--The Secretary is authorized to monitor helium production and helium reserves in the United States and to periodically prepare reports regarding the amounts of helium produced and the quantity of crude helium in storage in the United States. ``SEC. 4. STORAGE AND TRANSPORTATION OF CRUDE HELIUM. ``(a) Storage and Transportation.--The Secretary is authorized to store and transport crude helium and to maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field, together with related helium transportation and withdrawal facilities. ``(b) Cessation of Production, Refining, and Marketing.--Effective one year after the date of enactment of the Helium Privatization Act of 1995, the Secretary shall cease producing, refining and marketing refined helium and shall cease carrying out all other activities relating to helium which the Secretary was authorized to carry out under this Act before the date of enactment of the Helium Privatization Act of 1995, except those activities described in subsection (a). The amount of helium reserves owned by the United States and stored in the Bureau of Mines Cliffside Field at such date of cessation, less 600,000,000 cubic feet, shall be the helium reserves owned by the United States required to be sold pursuant to section 8(b) hereof. ``(c) Disposal of Facilities.--(1) Within one year after the date of enactment of the Helium Privatization Act of 1995, the Secretary shall dispose of all facilities, equipment, and other real and personal property, together with all interests therein, held by the United States for the purpose of producing, refining and marketing refined helium. The disposal of such property shall be in accordance with the provisions of law governing the disposal of excess or surplus properties of the United States. ``(2) All proceeds accruing to the United States by reason of the sale or other disposal of such property shall be treated as moneys received under this chapter for purposes of section 6(f). All costs associated with such sale and disposal (including costs associated with termination of personnel) and with the cessation of activities under subsection (b) shall be paid from amounts available in the helium production fund established under section 6(f). ``(3) Paragraph (1) shall not apply to any facilities, equipment, or other real or personal property, or any interest therein, necessary for the storage and transportation of crude helium or any equipment needed to maintain the purity, quality control, and quality assurance of helium in the reserve. ``(d) Existing Contracts.--All contracts which were entered into by any person with the Secretary for the purchase by such person from the Secretary of refined helium and which are in effect on the date of the enactment of the Helium Privatization Act of 1995 shall remain in force and effect until the date on which the facilities referred to in subsection (c) are disposed of. Any costs associated with the termination of such contracts shall be paid from the helium production fund established under section 6(f). ``SEC. 5. FEES FOR STORAGE, TRANSPORTATION AND WITHDRAWAL. ``Whenever the Secretary provides helium storage, withdrawal, or transportation services to any person, the Secretary is authorized and directed to impose fees on such person to reimburse the Secretary for the full costs of providing such storage, transportation, and withdrawal. All such fees received by the Secretary shall be treated as moneys received under this Act for purposes of section 6(f).''. SEC. 4. SALE OF CRUDE HELIUM. Section 6 is amended as follows: (1) Subsection (a) is amended by striking out ``from the Secretary'' and inserting ``from persons who have entered into enforceable contracts to purchase an equivalent amount of crude helium from the Secretary''. (2) Subsection (b) is amended by inserting ``crude'' before ``helium'' and by adding the following at the end thereof: ``Except as may be required by reason of subsection (a), the Secretary shall not make sales of crude helium under this section in such amounts as will disrupt the market price of crude helium.''. (3) Subsection (c) is amended by inserting ``crude'' before ``helium'' after the words ``Sales of'' and by striking ``together with interest as provided in this subsection'' and all that follows down through the period at the end of such subsection and inserting the following: ``all funds required to be repaid to the United States as of October 1, 1993, under this section (hereinafter referred to as `repayable amounts'). The price at which crude helium is sold by the Secretary shall not be less than the amount determined by the Secretary as follows: ``(1) Divide the outstanding amount of such repayable amounts by the volume (in mcf) of crude helium owned by the United States and stored in the Bureau of Mines Cliffside Field at the time of the sale concerned. ``(2) Adjust the amount determined under paragraph (1) by the Consumer Price Index for years beginning after December 31, 1993.''. (4) Subsection (d) is amended to read as follows: ``(d) Extraction of Helium From Deposits on Federal Lands.--All moneys received by the Secretary from the sale or disposition of helium on Federal lands shall be paid to the Treasury and credited against the amounts required to be repaid to the Treasury under subsection (c) of this section.''. (5) Subsection (e) is repealed. (6) Subsection (f) is amended by inserting ``(1)'' after ``(f)'' and by adding the following at the end thereof: ``(2) Within 7 days after the commencement of each fiscal year after the disposal of the facilities referred to in section 4(c), all amounts in such fund in excess of $2,000,000 (or such lesser sum as the Secretary deems necessary to carry out this Act during such fiscal year) shall be paid to the Treasury and credited as provided in paragraph (1). Upon repayment of all amounts referred to in subsection (c), the fund established under this section shall be terminated and all moneys received under this Act shall be deposited in the Treasury as General Revenues.''. SEC. 5. ELIMINATION OF STOCKPILE. Section 8 is amended to read as follows: ``SEC. 8. ELIMINATION OF STOCKPILE. ``(a) Review of Reserves.--The Secretary shall review annually the known helium reserves in the United States and make a determination as to the expected life of the domestic helium reserves (other than federally owned helium stored at the Cliffside Reservoir) at that time. ``(b) Stockpile Sales.--Not later than January 1, 2004, the Secretary shall commence offering for sale crude helium from helium reserves owned by the United States in such minimum annual amounts as would be necessary to dispose of all such helium reserves in excess of 600,000,000 cubic feet (mcf) on a straight-line basis between such date and January 1, 2014; provided that the minimum price for all such sales, as determined by the Secretary in consultation with the helium industry, shall be such as will ensure repayment of the amounts required to be repaid to the Treasury under section 6(c), and provided further that the minimum annual sales requirement may be deferred only if, and to the extent that, the Secretary is unable to arrange sales at the minimum price. The sales shall be at such times during each year and in such lots as the Secretary determines, in consultation with the helium industry, are necessary to carry out this subsection with minimum market disruption. ``(c) Discovery of Additional Reserves.--The discovery of additional helium reserves shall not affect the duty of the Secretary to make sales of helium as provided in subsection (b), as the case may be.''. SEC. 6. REPEAL OF AUTHORITY TO BORROW. Sections 12 and 15 are repealed. SEC. 7. REPORTS. Section 16 is amended by redesignating existing section 16 as section 16(a) and inserting the following at the end thereof: ``(b)(1) The Inspector General of the Department of the Interior shall cause to be prepared, not later than March 31 following each fiscal year commencing with the date of enactment of the Helium Privatization Act of 1995, annual financial statements for the Helium Operations of the Bureau of Mines. The Director of the Bureau of Mines shall cooperate with the Inspector General in fulfilling this requirement, and shall provide him with such personnel and accounting assistance as may be necessary for that purpose. The financial statements shall be audited by the General Accounting Office, and a report on such audit shall be delivered by the General Accounting Office to the Secretary of the Interior and Congress, not later than June 30 following the end of the fiscal year for which they are prepared. The audit shall be prepared in accordance with generally accepted government auditing standards. ``(2) The financial statements shall be comprised of the following: ``(A) A balance sheet reflecting the overall financial position of the Helium Operations, including assets and liabilities thereof; ``(B) the Statement of Operations, reflecting the fiscal period results of the Helium Operations; ``(C) a statement cash flows or changes in financial position of the Helium Operations; and ``(D) a reconciliation of budget reports of the Helium Operations. ``(3) The Statement of Operations shall include but not be limited to the revenues from, and costs of, sales of crude helium, the storage and transportation of crude helium, the production, refining and marketing of refined helium, and the maintenance and operation of helium storage facilities at the Bureau of Mines Cliffside Field. The term `revenues' for this purpose shall exclude (A) royalties paid to the United States for production of helium or other extraction of resources, except to the extent that the Helium Operations incur direct costs in connection therewith, and (B) proceeds from sales of assets other than inventory. The term `expenses' shall include, but not be limited to (i) all labor costs of the Bureau of Mines Helium Operations, and of the Department of the Interior in connection therewith, and (ii) for financial reporting purposes but not in connection with the determination of sales prices in section 6(c), all current-period interest on outstanding repayable amounts (as described in section 6(c)) calculated at the same rates as such interest was calculated prior to the enactment of the Helium Privatization Act of 1995. ``(4) The balance sheet shall include, but not be limited to, on the asset side, the present discounted market value of crude helium reserves; and on the liability side, the accrued liability for principal and interest on debt to the United States. For financial reporting purposes but not in connection with the determination of sales prices in section 6(c), the balance sheet shall also include accrued but unpaid interest on outstanding repayable amounts (as described in section 6(c)) through the date of the report, calculated at the same rates as such interest was calculated prior to the enactment of the Helium Privatization Act of 1995.''.

Helium Privatization Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines.

Helium Privatization Act of 1995

SECTION 1. ADDITIONAL TEMPORARY EXTENSION OF AUTHORIZATION OF PROGRAMS UNDER SMALL BUSINESS ACT AND SMALL BUSINESS INVESTMENT ACT OF 1958. The authorization for any program, authority, or provision, including any pilot program, that was extended through April 2, 2004, by section 1 of Public Law 108-205 is further extended through June 4, 2004, under the same terms and conditions. SEC. 2. EXTENSION OF CERTAIN FEE AUTHORIZATIONS. Section 503(f) of the Small Business Investment Act of 1958 (15 U.S.C. 697(f)), as amended by section 2 of Public Law 108-205, is further amended by striking ``May 21, 2004'' and inserting ``October 1, 2004''. SEC. 3. FISCAL YEAR 2004 PURCHASE AND GUARANTEE AUTHORITY UNDER TITLE III OF SMALL BUSINESS INVESTMENT ACT OF 1958. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended by adding at the end the following new subsection: ``(j) Fiscal Year 2004 Purchase and Guarantee Authority Under Title III of Small Business Investment Act of 1958.--For fiscal year 2004, for the programs authorized by title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.), the Administration is authorized to make-- ``(1) $4,000,000,000 in purchases of participating securities; and ``(2) $3,000,000,000 in guarantees of debentures.''. SEC. 4. COMBINATION FINANCING. (a) In General.--During the period beginning on the date of the enactment of this section and ending on September 30, 2004, subsection (a) of section 7 of the Small Business Act (15 U.S.C. 636(a)) shall be applied as if the paragraph set forth in subsection (b) were added at the end of that subsection (a). (b) Paragraph Specified.--The paragraph referred to in subsection (a) is as follows: ``(31) Combination financing.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `combination financing' means financing comprised of a loan guaranteed under this subsection and a commercial loan; and ``(ii) the term `commercial loan' means a loan which is part of a combination financing and no portion of which is guaranteed by the Federal Government. ``(B) Applicability.--This paragraph applies to a loan guarantee obtained by a small business concern under this subsection, if the small business concern also obtains a commercial loan. ``(C) Commercial loan amount.--In the case of any combination financing, the amount of the commercial loan which is part of such financing shall not exceed the gross amount of the loan guaranteed under this subsection which is part of such financing. ``(D) Commercial loan provisions.--The commercial loan obtained by the small business concern-- ``(i) may be made by the participating lender that is providing financing under this subsection or by a different lender; ``(ii) may be secured by a senior lien; and ``(iii) may be made by a lender in the Preferred Lenders Program, if applicable. ``(E) Commercial loan fee.--A one-time fee in an amount equal to 0.7 percent of the amount of the commercial loan shall be paid by the lender to the Administration if the commercial loan has a senior credit position to that of the loan guaranteed under this subsection. Paragraph (23)(B) shall apply to the fee established by this paragraph. ``(F) Deferred participation loan security.--A loan guaranteed under this subsection may be secured by a subordinated lien. ``(G) Completion of application processing.--The Administrator shall complete processing of an application for combination financing under this paragraph pursuant to the program authorized by this subsection as it was operating on October 1, 2003. ``(H) Business loan eligibility.--Any standards prescribed by the Administrator relating to the eligibility of small business concerns to obtain combination financing under this subsection which are in effect on the date of the enactment of this paragraph shall apply with respect to combination financings made under this paragraph. Any modifications to such standards by the Administrator after such date shall not unreasonably restrict the availability of combination financing under this paragraph relative to the availability of such financing before such modifications.''. SEC. 5. LOAN GUARANTEE FEES. (a) In General.--During the period beginning on the date of the enactment of this section and ending on September 30, 2004, subparagraph (A) of paragraph (23) of subsection (a) of section 7 of the Small Business Act (15 U.S.C. 636(a)(23)(A)) shall be applied as if that subparagraph consisted of the language set forth in subsection (b). (b) Language Specified.--The language referred to in subsection (a) is as follows: ``(A) Percentage.-- ``(i) In general.--With respect to each loan guaranteed under this subsection, the Administrator shall, in accordance with such terms and procedures as the Administrator shall establish by regulation, assess and collect an annual fee in an amount equal to 0.5 percent of the outstanding balance of the deferred participation share of the loan. ``(ii) Temporary percentage.--With respect to loans approved during the period beginning on the date of enactment of this clause and ending on September 30, 2004, the annual fee assessed and collected under clause (i) shall be equal to 0.36 percent of the outstanding balance of the deferred participation share of the loan.''. (c) Retention of Certain Fees.--Subparagraph (B) of paragraph (18) of subsection (a) of section 7 of the Small Business Act (15 U.S.C. 636(a)(18)(B)) shall not be effective during the period beginning on the date of the enactment of this section and ending on September 30, 2004. SEC. 6. EXPRESS LOAN PROVISIONS. (a) Definitions.--For the purposes of this section: (1) The term ``express lender'' shall mean any lender authorized by the Administrator to participate in the Express Loan Pilot Program. (2) The term ``Express Loan'' shall mean any loan made pursuant to section 7(a) of the Small Business Act (15 U.S.C. 636(a)) in which a lender utilizes to the maximum extent practicable its own loan analyses, procedures, and documentation. (3) The term ``Express Loan Pilot Program'' shall mean the program established by the Administrator prior to the date of enactment of this section under the authority granted in section 7(a)(25)(B) of the Small Business Act (15 U.S.C. 636(a)(25)(B)) with a guaranty rate not to exceed 50 percent. (4) The term ``Administrator'' means the Administrator of the Small Business Administration. (5) The term ``small business concern'' has the same meaning given such term under section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (b) Restriction to Express Lender.--The authority to make an Express Loan shall be limited to those lenders deemed qualified to make such loans by the Administrator. Designation as an express lender for purposes of making an Express Loan shall not prohibit such lender from taking any other action authorized by the Administrator for that lender pursuant to section 7(a) of the Small Business Act (15 U.S.C. 636(a)). (c) Grandfathering of Existing Lenders.--Any express lender shall retain such designation unless the Administrator determines that the express lender has violated the law or regulations promulgated by the Administrator or modifies the requirements to be an express lender and the lender no longer satisfies those requirements. (d) Temporary Expansion of Express Loan Pilot Program.-- (1) Authorization.--As of the date of enactment of this section, the maximum loan amount in the Express Loan Pilot Program shall be increased to a maximum loan amount of $2,000,000 as set forth in section 7(a)(3)(A) of the Small Business Act (15 U.S.C. 636(a)(3)(A)). (2) Termination date.--The authority set forth in paragraph (1) shall terminate on September 30, 2004. (3) Savings provision.--Nothing in this section shall be interpreted to modify or alter the authority of the Administrator to continue to operate the Express Loan Pilot Program on or after October 1, 2004. (e) Option to Participate.--Except as otherwise provided in this section, the Administrator shall take no regulatory, policy, or administrative action, without regard to whether such action requires notification pursuant to section 7(a)(24) of the Small Business Act (15 U.S.C. 636(a)(24)), that has the effect of-- (1) requiring a lender to make an Express Loan pursuant to subsection (d); (2) limiting or modifying any term or condition of deferred participation loans made under such section (other than Express Loans) unless the Administrator imposes the same limit or modification on Express Loans; (3) transferring or re-allocating staff, staff responsibilities, resources, or funding, if the result of such transfer or re-allocation would be to increase the average loan processing, approval, or disbursement time above the averages for those functions as of October 1, 2003, for loan guarantees approved under such section by employees of the Administration or through the Preferred Lenders Program; or (4) otherwise providing any incentive or disincentive which encourages lenders or borrowers to make or obtain loans under the Express Loan Pilot Program instead of under the general loan authority of section 7(a) of the Small Business Act (15 U.S.C. 636(a)). (f) Collection and Reporting of Data.--For all loans in excess of $250,000 made pursuant to the authority set forth in subsection (d)(1), the Administrator shall, to the extent practicable, collect data on the purpose for each such loan. The Administrator shall report monthly to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives on the number of such loans and their purposes. (g) Termination.--Subsections (b), (c), (e), and (f) shall not apply after September 30, 2004. SEC. 7. FISCAL YEAR 2004 DEFERRED PARTICIPATION STANDARDS. Deferred participation loans made during the period beginning on the date of the enactment of this Act and ending on September 30, 2004, under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) shall have the same terms and conditions (including maximum gross loan amounts and collateral requirements) as were applicable to loans made under such section on October 1, 2003, except as otherwise provided in this Act. This section shall not preclude the Administrator of the Small Business Administration from taking such action as necessary to maintain the loan program carried out under such section, subject to appropriations. SEC. 8. TEMPORARY INCREASE IN LOAN LIMIT UNDER BUSINESS LOAN AND INVESTMENT FUND AND IN ASSOCIATED GUARANTEE FEES. (a) Temporary Increase in Amount Permitted to Be Outstanding and Committed.--During the period beginning on the date of the enactment of this Act and ending on September 30, 2004, section 7(a)(3)(A) of the Small Business Act (15 U.S.C. 636(a)(3)(A)) shall be applied as if the first dollar figure were $1,500,000. (b) Temporary Guarantee Fee on Deferred Participation Share Over $1,000,000.--With respect to loans made during the period referred to in subsection (a) to which section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)) applies, the Administrator of the Small Business Administration shall collect an additional guarantee fee equal to 0.25 percent of the amount (if any) by which the deferred participation share of the loan exceeds $1,000,000. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 1) Extends through June 4 (currently, April 2), 2004, under the same terms and conditions, the authorization for any program, authority, or provision, including any pilot program, that is authorized under the Small Business Act (the Act) or the Small Business Investment Act of 1958 (SBIA) as of September 30, 2003. (Sec. 2) Amends the SBIA to extend through FY 2004 (currently, May 21, 2004) the authority of the Small Business Administration (SBA) to charge and collect certain fees in connection with the guarantee of development company debentures under the small business investment program. (Sec. 3) Amends the Act to authorize the SBA to make specified amounts in purchases of participating securities and guarantees of debentures under the SBIA small business investment company program. (Sec. 4) Provides that, during the period beginning on the enactment of this Act and ending on September 30, 2004, in the case of any combination financing by a small business (receiving a loan guaranteed by the SBA and a commercial loan, no portion of which is guaranteed by the Federal Government), the amount of the commercial loan shall not exceed the gross amount of the guaranteed loan which is part of the financing. Allows the commercial loan to be: (1) made by the lender providing the guaranteed financing or by a different lender; (2) secured by a senior lien; and (3) made by a lender in the Preferred Lenders Program. Requires a fee to be paid by the lender to the SBA if the commercial loan has a senior credit position to that of the guaranteed loan. (Sec. 5) Directs the SBA Administrator, during the same period as above, to assess and collect a loan guarantee fee, which shall be a percentage of the outstanding balance of the deferred participation share of the loan. Terminates, during such period, the authority of lenders under SBA-guaranteed loans to retain any loan guarantee fees collected. (Sec. 6) Limits the authority to make Express Loans to those lenders deemed qualified by the Administrator. Increases, until the end of FY 2004, the maximum loan amount under the Express Loan Pilot Program. Gives a qualified lender the option to participate in such Program. (Sec. 7) Continues through FY 2004 current SBA guaranteed loan deferred participation standards. (Sec. 8) Provides through FY 2004: (1) an increase in SBA guaranteed loan limits; and (2) an additional loan guarantee fee.

To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958 through June 4, 2004, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Tax Freedom Act Amendments Act of 2007''. SEC. 2. MORATORIUM. The Internet Tax Freedom Act (47 U.S.C. 151 note) is amended-- (1) in section 1101(a) by striking ``2007'' and inserting ``2014'', and (2) in section 1104(a)(2)(A) by striking ``2007'' and inserting ``2014''. SEC. 3. GRANDFATHERING OF STATES THAT TAX INTERNET ACCESS. Section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by adding at the end the following: ``(c) Application of Definition.-- ``(1) In general.--Effective as of November 1, 2003-- ``(A) for purposes of subsection (a), the term `Internet access' shall have the meaning given such term by section 1104(5) of this Act, as enacted on October 21, 1998; and ``(B) for purposes of subsection (b), the term `Internet access' shall have the meaning given such term by section 1104(5) of this Act as enacted on October 21, 1998, and amended by section 2(c) of the Internet Tax Nondiscrimination Act (Public Law 108-435). ``(2) Exceptions.--Paragraph (1) shall not apply until June 30, 2008, to a tax on Internet access that is-- ``(A) generally imposed and actually enforced on telecommunications service purchased, used, or sold by a provider of Internet access, but only if the appropriate administrative agency of a State or political subdivision thereof issued a public ruling prior to July 1, 2007, that applied such tax to such service in a manner that is inconsistent with paragraph (1); or ``(B) the subject of litigation instituted in a judicial court of competent jurisdiction prior to July 1, 2007, in which a State or political subdivision is seeking to enforce, in a manner that is inconsistent with paragraph (1), such tax on telecommunications service purchased, used, or sold by a provider of Internet access. ``(3) No inference.--No inference of legislative construction shall be drawn from this subsection or the amendments to section 1105(5) made by the Internet Tax Freedom Act Amendments Act of 2007 for any period prior to June 30, 2008, with respect to any tax subject to the exceptions described in subparagraphs (A) and (B) of paragraph (2).''. SEC. 4. DEFINITIONS. Section 1105 of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended-- (1) in paragraph (1) by striking ``services'', (2) by amending paragraph (5) to read as follows: ``(5) Internet access.--The term `Internet access'-- ``(A) means a service that enables users to connect to the Internet to access content, information, or other services offered over the Internet; ``(B) includes the purchase, use or sale of telecommunications by a provider of a service described in subparagraph (A) to the extent such telecommunications are purchased, used or sold-- ``(i) to provide such service; or ``(ii) to otherwise enable users to access content, information or other services offered over the Internet; ``(C) includes services that are incidental to the provision of the service described in subparagraph (A) when furnished to users as part of such service, such as a home page, electronic mail and instant messaging (including voice- and video-capable electronic mail and instant messaging), video clips, and personal electronic storage capacity; ``(D) does not include voice, audio or video programming, or other products and services (except services described in subparagraph (A), (B), (C), or (E)) that utilize Internet protocol or any successor protocol and for which there is a charge, regardless of whether such charge is separately stated or aggregated with the charge for services described in subparagraph (A), (B), (C), or (E); and ``(E) includes a homepage, electronic mail and instant messaging (including voice- and video-capable electronic mail and instant messaging), video clips, and personal electronic storage capacity, that are provided independently or not packaged with Internet access.''; (3) by amending paragraph (9) to read as follows: ``(9) Telecommunications.--The term `telecommunications' means `telecommunications' as such term is defined in section 3(43) of the Communications Act of 1934 (47 U.S.C. 153(43)) and `telecommunications service' as such term is defined in section 3(46) of such Act (47 U.S.C. 153(46)), and includes communications services (as defined in section 4251 of the Internal Revenue Code of 1986 (26 U.S.C. 4251)).'', and (4) in paragraph (10) by adding at the end the following: ``(C) Specific exception.-- ``(i) Specified taxes.--Effective November 1, 2007, the term `tax on Internet access' also does not include a State tax expressly levied on commercial activity, modified gross receipts, taxable margin, or gross income of the business, by a State law specifically using one of the foregoing terms, that-- ``(I) was enacted after June 20, 2005, and before November 1, 2007 (or, in the case of a State business and occupation tax, was enacted after January 1, 1932, and before January 1, 1936); ``(II) replaced, in whole or in part, a modified value-added tax or a tax levied upon or measured by net income, capital stock, or net worth (or, is a State business and occupation tax that was enacted after January 1, 1932 and before January 1, 1936); ``(III) is imposed on a broad range of business activity; and ``(IV) is not discriminatory in its application to providers of communication services, Internet access, or telecommunications. ``(ii) Modifications.--Nothing in this subparagraph shall be construed as a limitation on a State's ability to make modifications to a tax covered by clause (i) of this subparagraph after November 1, 2007, as long as the modifications do not substantially narrow the range of business activities on which the tax is imposed or otherwise disqualify the tax under clause (i). ``(iii) No inference.--No inference of legislative construction shall be drawn from this subparagraph regarding the application of subparagraph (A) or (B) to any tax described in clause (i) for periods prior to November 1, 2007.''. SEC. 5. CONFORMING AMENDMENTS. (a) Accounting Rule.--Section 1106 of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended-- (1) by striking ``telecommunications services'' each place it appears and inserting ``telecommunications'', and (2) in subsection (b)(2)-- (A) in the heading by striking ``services'', (B) by striking ``such services'' and inserting ``such telecommunications'', and (C) by inserting before the period at the end the following: ``or to otherwise enable users to access content, information or other services offered over the Internet''. (b) Voice Services.--The Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking section 1108. SEC. 6. SUNSET OF GRANDFATHER PROVISIONS. Section 1104(a) of the Internet Tax Freedom Act is amended by adding at the end thereof the following: ``(3) Exception.--Paragraphs (1) and (2) shall not apply to any State that has, more than 24 months prior to the date of enactment of this paragraph, enacted legislation to repeal the State's taxes on Internet access or issued a rule or other proclamation made by the appropriate agency of the State that such State agency has decided to no longer apply such tax to Internet access.''. SEC. 7. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on November 1, 2007, and shall apply with respect to taxes in effect as of such date or thereafter enacted, except as provided in section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Internet Tax Freedom Act Amendments Act of 2007 - Amends the Internet Tax Freedom Act to extend until November 1, 2014, the moratorium on state and local taxation of Internet access and electronic commerce (moratorium) and the exemption from such moratorium for states with previously enacted Internet tax laws (grandfathering provisions). Redefines, effective November 1, 2003, "Internet access" to prevent certain states from claiming an expanded exemption under the Internet Tax Nondiscrimination Act from the moratorium. Delays the application of such redefinition until June 30, 2008, for a state or local tax on Internet access that is: (1) generally imposed and actually enforced on telecommunication services; or (2) the subject of litigation instituted in a state court prior to July 1, 2007. Expands the term "Internet access" to include related communication services (e.g., emails and instant messaging). Redefines "telecommunications" to include unregulated non-utility telecommunications (e.g., cable services). Provides for a specific exception to the moratorium for certain state business taxes enacted between June 20, 2005, and before November 1, 2007, that do not discriminate against providers of communication services, Internet access, or telecommunications. Renders inapplicable the grandfather provisions of the Internet Tax Freedom Act for states that repealed or nullified their tax laws on Internet access more than 24 months prior to the enactment of this Act. Makes the amendments made by this Act effective November 1, 2007.

To amend the Internet Tax Freedom Act to extend the moratorium on certain taxes relating to the Internet and to electronic commerce.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wildland Firefighter Retirement and Disability Compensation Benefits Act of 2016''. SEC. 2. CIVIL SERVICE RETENTION RIGHTS. Section 8151 of title 5, United States Code, is amended by striking subsection (b) and inserting the following: ``(b) Regulations.-- ``(1) Definitions.--In this subsection-- ``(A) the term `covered employee' means an employee who-- ``(i) held a position with the Forest Service or the Department of the Interior as a wildland firefighter; and ``(ii) sustained an injury while in the performance of duty, as determined by the Director of the Office of Personnel Management, that prevents the employee from performing the physical duties of a firefighter; ``(B) `equivalent position' includes a position for a covered employee that allows the covered employee to-- ``(i) receive the same retirement benefits under subchapter III of chapter 83 or chapter 84 that the covered employee would receive in the former position had the covered employee not been injured or disabled; and ``(ii) does not require the covered employee to complete any more years of service that the covered employee would be required to complete to receive the benefits described in clause (i) had the covered employee not been injured or disabled; and ``(C) the term `firefighter' has the meaning given the term in section 8331. ``(2) Regulations.--Under regulations issued by the Office of Personnel Management-- ``(A) the department or agency which was the last employer shall immediately and unconditionally accord the employee, if the injury or disability has been overcome within 1 year after the date of commencement of compensation or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the United States, the right to resume the former or an equivalent position of the employee, as well as all other attendant rights which the employee would have had, or acquired, in the former position of the employee had the employee not been injured or disabled, including the rights to tenure, promotion, and safeguards in reductions-in-force procedures; ``(B) the department or agency which was the last employer shall, if the injury or disability is overcome within a period of more than 1 year after the date of commencement of compensation, make all reasonable efforts to place, and accord priority to placing, the employee in the former or equivalent position of the employee within such department or agency, or within any other department or agency; and ``(C) a covered employee who was injured during the 20-year period ending on the date of enactment of the Wildland Firefighter Retirement and Disability Compensation Benefits Act of 2016 may not receive the same retirement benefits described in paragraph (1)(B)(ii) unless the covered employee first makes a payment to the Forest Service or the Department of the Interior, as applicable, equal to the amount that would have been deducted from pay under section 8334 or 8442, as applicable, had the covered employee not been injured or disabled.''. SEC. 3. COMPUTATION OF PAY. (a) In General.--Section 8114 of title 5, United States Code, is amended by striking subsection (e) and inserting the following: ``(e) Overtime.-- ``(1) Definitions.--In this subsection, the term `covered overtime pay' means pay received by an employee who holds a position with the Forest Service or the Department of the Interior as a wildland firefighter while engaged in wildland fire suppression activity. ``(2) Overtime.--The value of subsistence and quarters, and of any other form of remuneration in kind for services if its value can be estimated in money, and covered overtime pay and premium pay under section 5545(c)(1) of this title are included as part of the pay, but account is not taken of-- ``(A) overtime pay; ``(B) additional pay or allowance authorized outside the United States because of differential in cost of living or other special circumstances; or ``(C) bonus or premium pay for extraordinary service including bonus or pay for particularly hazardous service in time of war.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2016.

Wildland Firefighter Retirement and Disability Compensation Benefits Act of 2016 This bill allows wildland firefighters of the Forest Service or the Department of the Interior who sustained injuries in the performance of their duty that prevent them from performing the physical duties of a firefighter, but who commence an equivalent federal position after receiving compensation for their work injuries, to retain the same retirement benefits under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS) that they would have received in their former position had they not been injured or disabled, without requiring them to complete any more years of service than they would have otherwise been required to complete. Such a federal firefighter injured during the 20-year period before enactment of this bill may not receive such retirement benefits without a requirement to complete more years of service unless they first pay the Forest Service or Interior an amount equal to the amount that would have been deducted from their pay under CSRS or FERS had they not been injured or disabled. The monetary compensation for disability or death of Forest Service and Interior wildland firefighters that is computed based on monthly pay must include overtime pay received for wildfire suppression activity.

Wildland Firefighter Retirement and Disability Compensation Benefits Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Blunt Reservoir and Pierre Canal Land Conveyance Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) under the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'')(58 Stat. 887, chapter 665; 33 U.S.C. 701-1 et seq.), Congress approved the Pick-Sloan Missouri River Basin program-- (A) to promote the general economic development of the United States; (B) to provide for irrigation above Sioux City, Iowa; (C) to protect urban and rural areas from devastating floods of the Missouri River; and (D) for other purposes; (2) the purpose of the Oahe Irrigation Project was to meet the requirements of that Act by providing irrigation above Sioux City, Iowa; (3) the principle features of the Oahe Irrigation Project included-- (A) a system of main canals, including the Pierre Canal, running east from the Oahe Reservoir; and (B) the establishment of regulating reservoirs, including the Blunt Dam and Reservoir, located approximately 35 miles east of Pierre, South Dakota; (4) land to establish the Pierre Canal and Blunt Reservoir was purchased from willing sellers between 1972 and 1977, when construction on the Oahe Irrigation Project was halted; (5) since 1978, the Commissioner of Reclamation has administered the land-- (A) on a preferential lease basis to original landowners or their descendants; and (B) on a nonpreferential lease basis to other persons; (6) the 2 largest reservoirs created by the Pick-Sloan Missouri River Basin Program, Lake Oahe and Lake Sharpe, caused the loss of approximately 221,000 acres of fertile, wooded bottomland in South Dakota that constituted some of the most productive, unique, and irreplaceable wildlife habitat in the State; (7) the State of South Dakota has developed a plan to meet the Federal obligation under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) to mitigate the loss of wildlife habitat, the implementation of which is authorized by section 602 of title VI of Public Law 105-277 (112 Stat. 2681-660); and (8) it is in the interests of the United States and the State of South Dakota to-- (A) provide original landowners or their descendants with an opportunity to purchase back their land; and (B) transfer the remaining land to the State of South Dakota to allow implementation of its habitat mitigation plan. SEC. 3. BLUNT RESERVOIR AND PIERRE CANAL. (a) Definitions.--In this section: (1) Blunt reservoir feature.--The term ``Blunt Reservoir feature'' means the Blunt Reservoir feature of the Oahe Irrigation Project authorized by section 9 of the Act of December 22, 1944 (58 Stat. 891, chapter 665), as part of the Pick-Sloan Missouri River Basin Program. (2) Commission.--The term ``Commission'' means the Commission of Schools and Public Lands of the State of South Dakota. (3) Nonpreferential lease parcel.--The term ``nonpreferential lease parcel'' means a parcel of land that-- (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) is under lease to a person other than a preferential leaseholder as of the date of enactment of this Act. (4) Pierre canal feature.--The term ``Pierre Canal feature'' means the Pierre Canal feature of the Oahe Irrigation Project authorized by section 9 of the Act of December 22, 1944 (58 Stat. 891, chapter 665), as part of the Pick-Sloan Missouri River Basin Program. (5) Preferential leaseholder.--The term ``preferential leaseholder'' means a leaseholder of a parcel of land who is-- (A) the person from whom the Secretary purchased the parcel for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; (B) the original operator of the parcel at the time of acquisition; or (C) a descendant of a person described in subparagraph (A) or (B). (6) Preferential lease parcel.--The term ``preferential lease parcel'' means a parcel of land that-- (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) is under lease to a preferential leaseholder as of the date of enactment of this Act. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (8) Unleased parcel.--The term ``unleased parcel'' means a parcel of land that-- (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) is not under lease as of the date of enactment of this Act. (b) Deauthorization.--The Blunt Reservoir feature is deauthorized. (c) Conveyance.--The Secretary shall convey all of the preferential lease parcels to the Commission, without consideration, on the condition that the Commission honor the purchase option provided to preferential leaseholders under subsection (d). (d) Purchase Option.-- (1) In general.--A preferential leaseholder shall have an option to purchase from the Commission the preferential lease parcel that is the subject of the lease. (2) Terms.-- (A) In general.--Except as provided in subparagraph (B), a preferential leaseholder may elect to purchase a parcel on 1 of the following terms: (i) Cash purchase for the amount that is equal to-- (I) the value of the parcel determined under paragraph (4); minus (II) 10 percent of that value. (ii) Installment purchase, with 20 percent of the value of the parcel determined under paragraph (4) to be paid on the date of purchase and the remainder to be paid over not more than 30 years at 3 percent annual interest. (B) Value under $10,000.--If the value of the parcel is under $10,000, the purchase shall be made on a cash basis in accordance with subparagraph (A)(i). (3) Option exercise period.-- (A) In general.--A preferential leaseholder shall have until the date that is 10 years after the date of the conveyance under subsection (c) to exercise the option under paragraph (1). (B) Continuation of leases.--Until the date specified in subparagraph (A), a preferential leaseholder shall be entitled to continue to lease from the Commission the parcel leased by the preferential leaseholder under the same terms and conditions as under the lease, as in effect as of the date of conveyance. (4) Valuation.-- (A) In general.--The value of a preferential lease parcel shall be determined to be, at the election of the preferential leaseholder-- (i) the amount that is equal to-- (I) the number of acres of the preferential lease parcel; multiplied by (II) the amount of the per-acre assessment of adjacent parcels made by the Director of Equalization of the county in which the preferential lease parcel is situated; or (ii) the amount of a valuation of the preferential lease parcel for agricultural use made by an independent appraiser. (B) Cost of appraisal.--If a preferential leaseholder elects to use the method of valuation described in subparagraph (A)(ii), the cost of the valuation shall be paid by the preferential leaseholder. (5) Conveyance to the state of south dakota.-- (A) In general.--If a preferential leaseholder fails to purchase a parcel within the period specified in paragraph (3)(A), the Commission shall convey the parcel to the State of South Dakota Department of Game, Fish, and Parks. (B) Wildlife habitat mitigation.--Land conveyed under subparagraph (A) shall be used by the South Dakota Department of Game, Fish, and Parks for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. (6) Use of proceeds.--Of the proceeds of sales of land under this subsection-- (A) not more than $500,000 shall be used to reimburse the Secretary for expenses incurred in implementing this Act; (B) an amount not exceeding 10 percent of the cost of each transaction conducted under this Act shall be used to reimburse the Commission for expenses incurred implementing this Act; (C) $3,095,000 shall be deposited in the South Dakota Wildlife Habitat Mitigation Trust Fund established by section 603 of division C of Public Law 105-277 (112 Stat. 2681-663) for the purpose of paying property taxes on land transferred to the State of South Dakota; (D) $100,000 shall be provided to Hughes County, South Dakota, for the purpose of supporting public education; (E) $100,000 shall be provided to Sully County, South Dakota, for the purpose of supporting public education; and (F) the remainder shall be used by the Commission to support public schools in the State of South Dakota. (e) Conveyance of Nonpreferential Lease Parcels and Unleased Parcels.-- (1) In general.--The Secretary shall convey to the South Dakota Department of Game, Fish, and Parks the nonpreferential lease parcels and unleased parcels of the Blunt Reservoir and Pierre Canal. (2) Wildlife habitat mitigation.--Land conveyed under paragraph (1) shall be used by the South Dakota Department of Game, Fish, and Parks for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. (f) Land Exchanges for Nonpreferential Lease Parcels and Unleased Parcels.-- (1) In general.--With the concurrence of the South Dakota Department of Game, Fish, and Parks, the South Dakota Commission of Schools and Public Lands may allow a person to exchange land that the person owns elsewhere in the State of South Dakota for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal, as the case may be. (2) Priority.--The right to exchange nonpreferential lease parcels or unleased parcels shall be granted in the following order of priority: (A) Exchanges with current lessees for nonpreferential lease parcels. (B) Exchanges with adjoining and adjacent landowners for unleased parcels and nonpreferential lease parcels not exchanged by current lessees. (g) Easement for Irrigation Pipe.--A preferential leaseholder that purchases land at Pierre Canal or exchanges land for land at Pierre Canal shall to allow the State of South Dakota to retain an easement on the land for an irrigation pipe. (h) Funding of the South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund.--Section 603(b) of title VI of Public Law 105- 277 (112 Stat. 2681-663) is amended by striking ``$108,000,000'' and inserting ``$111,095,000''.

Blunt Reservoir and Pierre Canal Land Conveyance Act of 1999 - Deauthorizes the Blunt Reservoir feature of the Oahe Irrigation Project authorized as part of the Pick-Sloan Missouri River Basin Program. Directs the Secretary of the Interior, acting through the Commissioner of Reclamation, to convey all of the preferential lease parcels to the Commission of Schools and Public Lands of South Dakota, on the condition that the Commission honor the purchase option provided to preferential leaseholders under this Act. Requires a preferential leaseholder to have an option to purchase from the Commission the preferential lease parcel that is the subject of the lease. Permits a preferential leaseholder to elect to purchase a parcel on one of the following terms: (1) cash purchase for the amount that is equal to the value of the parcel minus ten percent of that value; or (2) installment purchase, with 20 percent of the value of the parcel to be paid on the purchase date and the remainder to be paid over no more than 30 years at three percent annual interest. Provides that if the value of the parcel is under $10,000, the purchase shall be made on a cash basis. Provides for such leaseholders to have until ten years after the date of the conveyance to exercise such option. Requires the Commission, if a preferential leaseholder fails to purchase a parcel within such period, to convey the parcel to the State of South Dakota Department of Game, Fish, and Parks to be used for mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. Sets forth the uses of proceeds from such land sales. Directs the Secretary, through the Commissioner, to convey to the Department the nonpreferential leased parcels and unleased parcels of the Blunt Reservoir and Pierre Canal to be used for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. Authorizes the Commission, with the Department's concurrence, to allow a person to exchange land that the person owns elsewhere in South Dakota for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal. Requires a preferential leaseholder that purchases land at Pierre Canal or exchanges land for land at the Canal to allow the State of South Dakota to retain an easement on the land for an irrigation pipe.

Blunt Reservoir and Pierre Canal Land Conveyance Act of 1999

SECTION 1. INCLUSION OF ADDITIONAL PORTION OF THE LITTLE SANDY RIVER WATERSHED IN THE BULL RUN WATERSHED MANAGEMENT UNIT, OREGON. (a) In General.--Public Law 95-200 (16 U.S.C. 482b note; 91 Stat. 1425) is amended by striking section 1 and inserting the following: ``SECTION 1. ESTABLISHMENT OF SPECIAL RESOURCES MANAGEMENT UNIT; DEFINITION OF SECRETARY. ``(a) Definition of Secretary.--In this Act, the term `Secretary' means-- ``(1) with respect to land administered by the Secretary of Agriculture, the Secretary of Agriculture; and ``(2) with respect to land administered by the Secretary of the Interior, the Secretary of the Interior. ``(b) Establishment.-- ``(1) In general.--There is established, subject to valid existing rights, a special resources management unit in the State of Oregon, comprising approximately 98,272 acres, as depicted on a map dated May 2000 and entitled `Bull Run Watershed Management Unit'. ``(2) Map.--The map described in paragraph (1) shall be on file and available for public inspection in the offices of-- ``(A) the Regional Forester-Pacific Northwest Region of the Forest Service; and ``(B) the Oregon State Director of the Bureau of Land Management. ``(3) Boundary adjustments.--The Secretary may periodically make such minor adjustments in the boundaries of the unit as are necessary, after consulting with the city and providing for appropriate public notice and hearings.''. (b) Conforming and Technical Amendments.-- (1) Secretary.--Public Law 95-200 (16 U.S.C. 482b note; 91 Stat. 1425) is amended by striking ``Secretary of Agriculture'' each place it appears (except subsection (b) of section 1, as added by subsection (a), and except in the amendments made by paragraph (2)) and inserting ``Secretary''. (2) Applicable law.-- (A) In general.--Section 2(a) of Public Law 95-200 (16 U.S.C. 482b note; 91 Stat. 1425) is amended by striking ``applicable to National Forest System lands'' and inserting ``applicable to land under the administrative jurisdiction of the Forest Service (in the case of land administered by the Secretary of Agriculture) or applicable to land under the administrative jurisdiction of the Bureau of Land Management (in the case of land administered by the Secretary of the Interior)''. (B) Management plans.--The first sentence of section 2(c) of Public Law 95-200 (16 U.S.C. 482b note; 91 Stat. 1426) is amended-- (i) by striking ``subsection (a) and (b)'' and inserting ``subsections (a) and (b)''; and (ii) by striking ``, through the maintenance'' and inserting ``(in the case of land administered by the Secretary of Agriculture) or section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) (in the case of land administered by the Secretary of the Interior), through the maintenance''. SEC. 2. MANAGEMENT. (a) Timber Cutting Restrictions.--Section 2(b) of Public Law 95-200 (16 U.S.C. 482b note; 91 Stat. 1426) is amended by striking paragraph (1) and inserting the following: ``(1) In general.--Subject to paragraph (2), the Secretary shall prohibit the cutting of trees on Federal land in the unit, as designated in section 1 and depicted on the map referred to in that section.''. (b) Repeal of Management Exception.--The Oregon Resource Conservation Act of 1996 (division B of Public Law 104-208) is amended by striking section 606 (110 Stat. 3009-543). (c) Repeal of Duplicative Enactment.--Section 1026 of division I of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4228) and the amendments made by that section are repealed. (d) Water Rights.--Nothing in this section strengthens, diminishes, or has any other effect on water rights held by any person or entity. SEC. 3. LAND RECLASSIFICATION. (a) Oregon and California Railroad Land.--Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall identify any Oregon and California Railroad land that is subject to the distribution provision of title II of the Act of August 28, 1937 (43 U.S.C. 1181f), within the boundary of the special resources management area described in section 1 of Public Law 95-200 (as amended by section 1(a)). (b) Public Domain Land.-- (1) Definition of public domain land.-- (A) In general.--In this subsection, the term ``public domain land'' has the meaning given the term ``public land'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (B) Exclusion.--The term ``public domain land'' does not include any land managed under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). (2) Identification.--Not later than 18 months after the date of enactment of this Act, the Secretary of the Interior shall identify public domain land within the Medford, Roseburg, Eugene, Salem, and Coos Bay Districts and the Klamath Resource Area of the Lakeview District of the Bureau of Land Management in the State of Oregon that-- (A) is approximately equal in acreage and condition as the land identified in subsection (a); but (B) is not subject to the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). (c) Maps.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress and publish in the Federal Register 1 or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification.--After providing an opportunity for public comment, the Secretary of the Interior shall administratively reclassify-- (1) the land described in subsection (a), as public domain land (as the term is defined in subsection (b)) that is not subject to the distribution provision of title II of the Act of August 28, 1937 (43 U.S.C. 1181f); and (2) the land described in subsection (b), as Oregon and California Railroad land that is subject to the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). SEC. 4. FUNDING FOR ENVIRONMENTAL RESTORATION. There is authorized to be appropriated to carry out, in accordance with section 323 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1101 note; 112 Stat. 2681-290), watershed restoration that protects or enhances water quality, or relates to the recovery of endangered species or threatened species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), in Clackamas County, Oregon, $10,000,000. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Includes an additional portion of the Little Sandy River Watershed in the Bull Run Watershed Management Unit in Oregon.Repeals an exception allowing certain timber cutting in the Unit to require the Secretary of Agriculture or the Interior, as applicable, to prohibit the cutting of trees on Federal land throughout the Unit.Requires the Secretaries of Agriculture and of the Interior to identify: (1) any Oregon and California Railroad land (O&C lands) within the Unit that is subject to certain annual funds distribution requirements; and (2) public domain land within specified Bureau of Land Management Districts in Oregon that is approximately equal in acreage and condition as such O&C land, but not subject to specified Federal law relating to the Oregon and California Railroad and Coos Bay Wagon Road grant lands. Requires such Secretary, in accordance with specified administrative procedures, to reclassify: (1) the O&C land within the Unit as public domain land not subject to the annual funds distribution requirements; and (2) the public domain land within such Districts as O&C land subject to such Federal law and funds distribution requirements.Authorizes appropriations for watershed restoration in Clackamas County, Oregon.

To provide further protections for the watershed of the Little Sandy River as part of the Bull Run Watershed Management Unit, Oregon, and for other purposes.

SECTION 1. COMMERCIAL DRIVER'S LICENSE SKILLS TESTING AND RETESTING. (a) In General.--Section 31305 of title 49, United States Code, is amended by adding at the end the following: ``(e) CDL Skills Testing and Retesting Wait Times.-- ``(1) In general.--Beginning not later than February 7, 2020, the Secretary shall carry out a program to ensure that States conduct in a timely manner skills tests and retests for individuals applying for a CDL. ``(2) Compliance with program requirements.--For purposes of section 31311(a), a State shall not be considered to be in compliance with the requirements of the program for a fiscal year if the Secretary determines as of the first day of the fiscal year that-- ``(A) in the case of a State that prohibits or currently does not authorize public and private commercial driving schools, or independent CDL testing facilities, from offering a CDL skills test as a third- party tester, there was a skills test delay at 3 or more CDL skills test locations in the State during-- ``(i) 2 consecutive calendar quarters in the preceding 12-month period; or ``(ii) 3 calendar quarters in the preceding 18-month period; ``(B) in the case of a State that has 2 or fewer CDL skills test locations, there was a skills test delay at any skills test location; or ``(C) the State failed to submit reports in accordance with paragraph (4) in the preceding 12-month period. ``(3) Information systems.--In carrying out the program, the Secretary shall add, or require to be added, to an information system described in section 31106 or 31309 (or other provision of law as applicable) appropriate fields to enter information concerning a CDL skills test location for the purpose of permitting the Administration and States to easily track and tabulate the number of days between certification and skills tests and retests conducted at a CDL skills testing location. ``(4) State reporting requirement.--Beginning on February 7, 2020, the Secretary shall require each State to submit to the Secretary, on a quarterly basis, a report that describes the status of skills testing for individuals applying for a CDL at a CDL skills test location in the State, including-- ``(A) the average wait time beginning on the date an individual is certified by a training provider to sit for the CDL skills test and ending on the date the individual completes the test; ``(B) the average wait time beginning on the date an individual fails a CDL skills test and ending on the date the individual retakes the test; ``(C) the actual number of qualified CDL examiners available to test applicants; and ``(D) the number of testing sites available through the State agency responsible for administering the CDL skills test and whether this number has increased or decreased from the previous year. ``(5) Annual report to states.--Not later than October 1, 2020, and annually thereafter, the Secretary shall submit to each State a report that compiles the average wait times of such State, as described in subparagraphs (A) and (B) of paragraph (4). ``(6) Annual report to congress.--Not later than February 1, 2021, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that-- ``(A) contains a summary of the information received from States in the preceding year under paragraph (4); and ``(B) describes specific steps that the Secretary is taking to address skills test delays in States that have such delays. ``(7) Definitions.--In this subsection, the following definitions apply: ``(A) Calendar quarter.--The term `calendar quarter' means a 3-month period beginning on the first day of January, April, July, or October. ``(B) CDL.--The term `CDL' means a commercial driver's license, as that term is defined in section 31301. ``(C) CDL skills test location.--The term `CDL skills test location' means a CDL skills test location that is exclusively operated by a State and that employs State employees who are responsible for administering CDL skills testing. ``(D) Independent cdl testing facility.--The term `independent CDL testing facility' means a CDL testing facility that is not-- ``(i) a CDL skills test location (as defined in this paragraph); ``(ii) a public or private commercial driving school; or ``(iii) a trucking company. ``(E) Physically absent.--The term `physically absent', with respect to a scheduled skills test, means that the individual scheduled to take the test was not physically present-- ``(i) at least 10 minutes before the test; or ``(ii) for a longer period of time before the test, as determined by the State but not to exceed 1 hour. ``(F) Skills test delay.-- ``(i) In general.--The term `skills test delay' means, with respect to a calendar quarter, an average period in excess of 7 days-- ``(I) in the case of an initial CDL skills exam, beginning on the date an individual is certified by a training provider to sit for the CDL skills test and ending on the date the individual completes the test (after subtracting from that period any day that is part of a mandatory notification or waiting period under Federal or State law); and ``(II) in the case of a CDL skills retest, beginning on the date an individual fails a CDL skills test and ending on the date the individual retakes the test (after subtracting from that period any day that is part of a mandatory notification or waiting period under Federal or State law). ``(ii) Special rule.--For purposes of clause (i), any individual scheduled to take a skills exam who is physically absent from the skills exam on the date scheduled shall be recorded as a `no show'. Any State CDL test location that has a `no show' percentage above 25 percent of total appointments scheduled at that location shall not be counted toward the State's average skill test delays.''. (b) Withholding of Apportionments.-- (1) In general.--Section 31311(a) of title 49, United States Code, is amended by adding at the end the following: ``(26) Beginning in fiscal year 2021, the State shall be in compliance with the program requirements established under section 31305(e), relating to commercial driver's license skills testing and retesting wait times, as determined by the Secretary under section 31305(e)(2).''. (2) Availability of withheld amounts.--Section 31314(d) of title 49, United States Code, is amended to read as follows: ``(d) Availability for Apportionment.-- ``(1) In general.--Except as described in paragraph (2), amounts withheld under this section from apportionment to a State after September 30, 1995, are not available for apportionment to the State. ``(2) Exception for cdl testing compliance.--If the Secretary determines that a State that did not comply substantially with paragraph (26) of section 31311(a) begins to comply substantially with such paragraph, amounts withheld under this section from apportionment to the State as a result of the prior noncompliance shall be provided to the State in the same manner as such amounts would have been provided if not withheld.''. (c) Notice to States.--If the Secretary of Transportation makes a determination that a State does not comply substantially with section 31311(a)(26) of title 49, United States Code, the Secretary shall issue a notice to such State that identifies any reason for such determination. (d) Compliance Plans.--A State having amounts withheld from apportionment under section 31314 of title 49, United States Code, as a result of noncompliance with the requirements of section 31311(a)(26) of such title, shall submit to the Secretary of Transportation, not later than 270 days after the date on which the State is notified of the noncompliance, a plan to satisfy such requirements. (e) Financial Assistance Program.--Section 31313(a)(3) of title 49, United States Code, is amended-- (1) in subparagraph (D) by striking ``or'' at the end; (2) in subparagraph (E) by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(F) address delays in commercial driver's license skills testing and retesting.''. (f) Repeal.--Effective February 7, 2020, section 5506 of the FAST Act (Public Law 119-94; 129 Stat. 1553), and the item relating to that section in the table of contents in section 1(b) of that Act, are repealed.

This bill requires the Department of Transportation (DOT) to establish requirements to ensure that states conduct commercial driver's license (CDL) skills tests and retests in a timely manner. DOT must require each state to submit quarterly reports that describe the status of skills testing for individuals applying for a CDL at a CDL skills test location in the state, including average wait times and the numbers of examiners and test sites available to applicants. DOT must also submit specified reports to the states and Congress regarding the information received from the states. Beginning in FY2021, the bill authorizes DOT to withhold certain highway funds from states that are not in compliance with specified requirements regarding CDL skills testing and retesting wait times.

To amend title 49, United States Code, to address delays in commercial driver's license skills testing and retesting, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Adjustment and Income Revenue for Social Security Act'' or the ``FAIR Social Security Act''. SEC. 2. REPEAL OF CAP ON COMPENSATION SUBJECT TO FEDERAL INSURANCE CONTRIBUTIONS ACT. (a) Wages.--Section 3121(a) of the Internal Revenue Code of 1986 is amended by striking paragraph (1). (b) Self-Employment Income.--The first sentence of section 1402(b) of the Internal Revenue Code of 1986 is amended by striking ``include-- '' and all that follows and inserting ``include the net earnings from self-employment if such net earnings for the taxable year are less than $400.''. (c) Conforming Amendments.-- (1) Section 6413(c) of the Internal Revenue Code of 1986 is amended-- (A) by striking paragraph (1), and (B) in paragraph (2)(A) by striking ``, not to exceed an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) for any calendar year with respect to which such contribution and benefit base is effective,''. (2) Section 3122 of the Internal Revenue Code of 1986 is amended by striking ``The person making such return may, for convenience of administration, make payments of the tax imposed under section 3111 with respect to such service without regard to the contribution and benefit base limitation in section 3121(a)(1), and he shall not be required to obtain a refund of the tax paid under section 3111 on that part of the remuneration not included in wages by reason of section 3121(a)(1).''. (3) Section 3125 of the Internal Revenue Code of 1986 is amended by striking ``without regard to the contribution and benefit base limitation in section 3121(a)(1)'' each place it appears. (4) Section 3231(e)(2)(C) of the Internal Revenue Code of 1986 is amended by inserting ``(as in effect on the date of the enactment of the Fair Adjustment and Income Revenue for Social Security Act'' after ``employers)''. (5) Section 3511(b) of the Internal Revenue Code of 1986 is amended by striking ``3121(a)(1), 3231(e)(2)(C),'' and inserting ``3231(e)(2)(C)''. (d) Effective Date.--The amendments made by this section shall apply with respect to remuneration received, and taxable years beginning, after December 31, 2015. SEC. 3. REALLOCATION OF PAYROLL TAX REVENUE. (a) Allocation of 2016 Payroll Tax Revenue.--With respect to that portion of wages (as defined in section 3121 of the Internal Revenue Code of 1986) paid during calendar year 2016 that would not be considered wages but for the amendment made by section 2(a), and with respect to that portion of self-employment income (as defined in section 1402 of the Internal Revenue Code of 1986) reported for any taxable year beginning during such calendar year that would not be considered self-employment income but for the amendment made by section 2(b), paragraphs (1)(R) and (2)(R) of section 201(b) of the Social Security Act (42 U.S.C. 401(b)) shall each be applied by substituting ``12.40 per centum'' for ``1.80 per centum''. (b) Wages.--Section 201(b)(1) of the Social Security Act (42 U.S.C. 401(b)(1)) is amended by striking ``and (R) 1.80 per centum of the wages (as so defined) paid after December 31, 1999, and so reported'' and inserting ``(R) 1.80 per centum of the wages (as so defined) paid after December 31, 1999, and before January 1, 2033, and so reported, (S) 1.60 per centum of the wages (as so defined) paid after December 31, 2032, and before January 1, 2050, and so reported, and (T) 1.80 per centum of the wages (as so defined) paid after December 31, 2049, and so reported''. (c) Self-Employment Income.--Section 201(b)(2) of such Act (42 U.S.C. 401(b)(2)) is amended by striking ``and (R) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1999'' and inserting ``(R) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1999, and before January 1, 2033, (S) 1.60 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2032, and before January 1, 2050, (T) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2049''. (d) Effective Date.--The amendments made by this section shall apply with respect to wages paid after December 31, 2015, and self- employment income for taxable years beginning after such date. SEC. 4. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) Publication.-- (1) In general.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who are 62 years of age or older. (2) Effective date.--Subsection (a) shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. (3) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. (b) Computation of Cost-of-Living Increases.-- (1) Amendments to title ii.-- (A) In general.--Section 215(i)(1) of the Social Security Act (42 U.S.C. 415(i)(1)) is amended by adding at the end the following new subparagraph: ``(H) the term `Consumer Price Index' means the Consumer Price Index for Elderly Consumers (CPI-E, as published by the Bureau of Labor Statistics of the Department of Labor).''. (B) Application to pre-1979 law.-- (i) In general.--Section 215(i)(1) of the Social Security Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended by adding at the end the following new subparagraph: ``(D) the term `Consumer Price Index' means the Consumer Price Index for Elderly Consumers (CPI-E, as published by the Bureau of Labor Statistics of the Department of Labor).''. (ii) Conforming change.--Section 215(i)(4) of the Social Security Act (42 U.S.C. 415(i)(4)) is amended by inserting ``and by section 4 of the Fair Adjustment and Income Revenue for Social Security Act'' after ``1986''. (C) Effective date.--The amendments made by subparagraphs (A) and (B) shall apply to determinations made with respect to cost-of-living computation quarters ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. (2) Amendments to title xviii.-- (A) In general.--Title XVIII of such Act (42 U.S.C. 1395 et seq.) is amended-- (i) in section 1814(i)(2)(B) (42 U.S.C. 1395f(i)(2)(B)), by inserting ``(i) for accounting years ending before October 1 of the second calendar year following the calendar year in which the Fair Adjustment and Income Revenue for Social Security Act was enacted,'' after ``for a year is'', and by inserting after ``fifth month of the accounting year'' the following: ``, and (ii) for accounting years ending after October 1 of such calendar year, the cap amount determined under clause (i) for the last accounting year referred to in such clause, increased or decreased by the same percentage as the percentage increase or decrease, respectively, in the medical care expenditure category (or corresponding category) of the Consumer Price Index for Elderly Consumers, published by the Bureau of Labor Statistics, from March of such calendar year to the fifth month of the accounting year''; (ii) in section 1821(c)(2)(C)(ii)(II) (42 U.S.C. 1395i-5(c)(2)(C)(ii)(II)), by striking ``consumer price index for all urban consumers (all items; United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (iii) in section 1833(h)(2)(A)(i) (42 U.S.C. 1395l(h)(2)(A)(i)) by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (iv) in section 1833(i)(2)(C)(i) (42 U.S.C. 1395l(i)(2)(C)(i)), by striking ``Consumer Price Index for all urban consumers (U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (v) in section 1834(a)(14)(L) (42 U.S.C. 1395m(a)(14)(L)), by striking ``consumer price index for all urban consumers (U.S. urban average)'' and inserting ``applicable consumer price index''; (vi) in section 1834(h)(4)(A)(xi)(I) (42 U.S.C. 1395m(h)(4)(A)(xi)(I)), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (vii) in section 1834(l)(3)(B) (42 U.S.C. 1395m(l)(3)(B)), by striking ``consumer price index for all urban consumers (U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (viii) in section 1839(i)(5)(A)(ii) (42 U.S.C. 1395r(i)(5)(A)(ii)), by striking ``Consumer Price Index (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (ix) in section 1842(s)(1)(B)(ii)(I) (42 U.S.C. 1395u(s)(1)(B)(ii)(I)), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (x) in each of subparagraphs (D)(ii) and (E)(i)(II) of section 1860D-14(a)(3) (42 U.S.C. 1395w-114(a)(3)) and in section 1860D- 14(a)(4)(A)(ii) (42 U.S.C. 1395w- 114(a)(4)(A)(ii)), by striking ``consumer price index (all items; U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (xi) in section 1882(p)(11)(C)(ii) (42 U.S.C. 1395ss(p)(11)(C)(ii)), by striking ``Consumer Price Index for all urban consumers (all items; U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (xii) in each of clauses (iv) and (vi)(II) of section 1886(h)(2)(E) (42 U.S.C. 1395ww(h)(2)(E)), by striking ``for all urban consumers''; and (xiii) in section 1886(h)(5)(B) (42 U.S.C. 1395ww(h)(5)(B)), by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''. (B) Effective date.--The amendments made by subparagraph (A) shall apply with respect to determinations made for periods ending after December 31 of the second calendar year following the calendar year in which this Act was enacted.

Fair Adjustment and Income Revenue for Social Security Act or the FAIR Social Security Act This bill repeals the cap on the amount of income ($118,500 in 2015) that is subject to the employment or self-employment tax for funding social security benefits. The bill also reallocates employment and self-employment tax revenues to increase Social Security Trust Fund solvency. The Bureau of Labor Statistics of the Department of Labor must prepare and publish an index for each calendar month to be known as the Consumer Price Index for Elderly Consumers that indicates changes in expenditures for consumption that are typical for individuals who are 62 years of age or older. This Index will be used to adjust benefit amounts under the Old Age, Survivors, and Disability Insurance program and Medicare.

FAIR Social Security Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cooperator Program Act of 1995''. SEC. 2. FINDINGS, POLICY, AND PURPOSES. (a) Findings.--Congress finds that-- (1) the future prosperity of United States agriculture increasingly will be determined by access to foreign markets and, as agricultural producers of the United States move into the world market, the producers are becoming more dependent on agricultural exports; (2) despite gains made in the recently concluded Uruguay Round of trade negotiations as well as pre-existing rules under the General Agreement on Tariffs and Trade, world agricultural trade is neither free nor fair and United States agriculture will continue to face unfair trade practices in the international marketplace; (3) 11 of the major agricultural trade competitors of the United States spend a total of $500,000,000 annually on foreign market development programs for the benefit of their producers; (4) the foreign market development cooperator program of the Foreign Agricultural Service and the activities of individual foreign market cooperator organizations-- (A) have been among the most successful and cost- effective means of expanding United States agricultural exports; and (B) provide ongoing, long-term market development services to advance the economic interests of the United States; (5) the program and the activities of the cooperator organizations should be supported; (6) the Secretary of Agriculture and the private sector should work together to ensure that the program, and the activities of the cooperator organizations, are expanded in the future; and (7) as agricultural producers move into the world market, it is timely and appropriate to take steps to preserve and strengthen the foreign market development cooperator program of the Department of Agriculture and the activities of the cooperator organizations. (b) Policy.--It is the policy of the United States that it is essential and in the public interest to preserve and strengthen the foreign market development cooperator program of the Department of Agriculture under which eligible trade organizations funded primarily by agricultural producers cooperate with the Department in an effective, continuous, and coordinated effort to maintain and develop foreign markets for United States agricultural commodities and products. (c) Purposes.--It is the purpose of this Act to provide specific authorization for the foreign market development cooperator program of the Department of Agriculture, and establish terms governing the program, to ensure the continued effective and efficient operation of the program. SEC. 3. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM. The Agricultural Trade Act of 1978 (7 U.S.C. 5601 et seq.) is amended by adding at the end the following: ``TITLE VII--FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM ``SEC. 701. DEFINITION OF ELIGIBLE TRADE ORGANIZATION. ``In this title, the term `eligible trade organization' means a United States trade organization that-- ``(1) promotes the export of 1 or more United States agricultural commodities or products; and ``(2) does not have a business interest in or receive remuneration from specific sales of agricultural commodities or products. ``SEC. 702. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM. ``(a) In General.--The Secretary shall establish and, in cooperation with eligible trade organizations, carry out a foreign market development cooperator program to maintain and develop foreign markets for United States agricultural commodities and products. ``(b) Cost Sharing Assistance.--The program established under subsection (a) shall be carried out through multiyear contracts or agreements between the Secretary and eligible trade organizations under which cost sharing assistance shall be provided by the Secretary to the organizations as cooperators for the conduct of foreign market development activities, and to third party cooperators, under annual marketing plans established under section 705. ``SEC. 703. ELIGIBILITY. ``(a) Eligible Trade Organizations.--To be eligible to enter into a contract or agreement with the Secretary for the conduct of foreign market development activities as a cooperator under this title, an eligible trade organization shall-- ``(1) demonstrate to the Secretary that the organization is funded primarily by United States members of the industry that the organization represents; ``(2) prepare and submit to the Secretary annually a marketing plan under section 705; and ``(3) meet other requirements established by the Secretary for participation in the program established under this title. ``(b) Criteria for Approval of Contracts and Agreements.--The Secretary may enter into a contract or agreement with an eligible trade organization for the conduct of foreign market development activities under this title only if the Secretary determines that the activities under the marketing plan of the organization-- ``(1) have a strong likelihood of achieving success in maintaining or increasing foreign consumption and imports of 1 or more United States agricultural commodities or products; ``(2) will make long-range contributions to United States agricultural exports; ``(3) focus on a commodity or commodities, or a product or products, the export of which is important to agriculture and the foreign balance of payments of the United States; ``(4) include the provision by the eligible trade organization of a competent United States-based staff and other resources to ensure adequate development, supervision, and execution of project activities; ``(5) are combined with a commitment by private organizations to support promotional activities with aggressive selling and the quantity and quality of the commodity or product involved that is desired by foreign buyers; and ``(6) are focused on markets for which the United States is in competition with other exporting countries. ``SEC. 704. COOPERATOR RESPONSIBILITIES. ``(a) Trade Servicing, Technical Assistance, and Consumer Education.-- ``(1) In general.--An eligible trade organization participating in the foreign market development cooperator program under this title shall provide market development and customer support services outside the United States directed at foreign purchasers, potential purchasers, and users of United States agricultural commodities and products, through trade servicing, technical assistance, and consumer education. ``(2) Specific goals.--Trade servicing, technical assistance, and consumer education by each eligible trade organization provided under paragraph (1) shall be designed to-- ``(A) increase foreign consumer and commercial use of the United States commodity and product involved, develop long-term foreign demand for the commodity or product, and help overcome constraints to United States exports of the commodity or product; ``(B) establish a long-term presence in foreign markets for the commodity or product; ``(C) enable foreign users of the commodity or product to enhance the competitiveness of the users, analyze markets, improve end use quality, and respond to consumption trends; ``(D) make maximum use of new technologies, including satellite transmissions, to disseminate trade information, and enhance industry technologies, that will expand demand for the commodity or product; ``(E) increase technical contact between the United States production industry for the commodity or product and foreign customers and users so as to achieve better and more accurate market analyses and trade intelligence collected in the public and private sector; ``(F) identify third parties that will contribute to the implementation of activities conducted under the annual marketing plan of the organization through cash or in-kind contributions; and ``(G) achieve other goals specified by the Secretary. ``(b) Coordination, Assistance, and Consultation.-- ``(1) Coordination and assistance.-- ``(A) Eligible trade organization.--An eligible trade organization participating in the foreign market development cooperator program established under this title shall coordinate the activities of the organization with the activities of the Foreign Agricultural Service. ``(B) Foreign agricultural service.--The Foreign Agricultural Service shall assist eligible trade organizations in the development and operation of trade promotion programs that use product exhibits, trade teams, market information services, and trade referral services to expand international markets for United States agricultural commodities and products. ``(2) Consultation.--An eligible trade organization shall consult with the Foreign Agricultural Service to ensure that the annual marketing plan of the organization under this title is consistent with and complements the foreign market development activities of the Service. ``SEC. 705. ANNUAL MARKETING PLANS. ``(a) In General.--An eligible trade organization participating in and receiving assistance for any year under the foreign market development cooperator program established under this title shall develop and submit to the Secretary a marketing plan to carry out trade servicing, technical assistance, and consumer education, as provided for in section 704(a), for the year. ``(b) Requirement for Plans.--An annual marketing plan submitted by an eligible trade organization under subsection (a) shall specifically describe the manner in which assistance received by the organization, in conjunction with funds and services provided by or through the organization, will be expended in carrying out the plan. ``(c) Amendments.--An annual marketing plan may be amended at any time by the eligible trade organization with the approval of the Secretary. ``SEC. 706. OVERSIGHT. ``(a) Monitoring.--The Secretary shall monitor the expenditure of funds received by each trade organization under this title. ``(b) Reports, Books, and Records.--An eligible trade organization receiving assistance under this title shall-- ``(1) keep financial accounts of, and submit regular reports providing information on, activities conducted and funds expended under the annual marketing plan of the organization; and ``(2) make available to the Secretary for inspection, at any reasonable time and place, the books and records of the business and financial transactions of the organization. ``(c) Audits.--An eligible trade organization receiving assistance under the foreign market development cooperator program established under this title shall have an audit or financial review conducted of the activities of the organization under the program. The audit or review shall accurately account for funds and services received and expended under this title. ``(d) Evaluation.-- ``(1) In general.--The Secretary shall periodically evaluate the foreign market development activities of each eligible trade organization to determine-- ``(A) whether the organization is in compliance with the annual marketing plan of the organization; and ``(B) the effectiveness of the activities of the organization under the plan in maintaining and developing markets for United States agricultural commodities and products, taking into account the difficulty of precisely quantifying the effects of long-term trade servicing and technical assistance. ``(2) High-volume agricultural commodities and products.-- In the case of activities directed toward maintenance and development of markets for high-volume agricultural commodities and products, in performing the evaluations, the Secretary shall consider-- ``(A) the long-term benefits of a United States presence in foreign markets for the commodity or product given the benefit to the United States economy as a whole or to a strong high-volume commodity and product export sector; and ``(B) the intensity of the competition by other exporting countries in the international markets for the commodities and products. ``SEC. 707. COOPERATOR ORGANIZATIONS. ``(a) Commodities for Cooperator Organizations.--The Secretary may make available to cooperator organizations agricultural commodities owned by the Commodity Credit Corporation, for use by the cooperators in projects designed to expand markets for United States agricultural commodities and products. ``(b) Relationship to Funds.--Commodities made available to cooperator organizations under this section shall be in addition to, and not in lieu of, funds made available for market development activities of the cooperator organizations. ``(c) Conflicts of Interest.--The Secretary shall take appropriate action to prevent conflicts of interest among cooperator organizations participating in the foreign market development cooperator program established under this title. ``SEC. 708. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title $40,000,000 for each of fiscal years 1996 through 2002.''. SEC. 4. CONFORMING AMENDMENTS. (a) Collection of Information on Foreign Markets.--Section 601 of the Act of August 28, 1954 (commonly known as the ``Agricultural Act of 1954'') (68 Stat. 908, chapter 104; 7 U.S.C. 1761) is amended-- (1) by striking ``Sec. 601. For'' and inserting the following: ``SEC. 601. COLLECTION OF INFORMATION ON FOREIGN MARKETS. ``(a) In General.--For''; and (2) by adding at the end the following: ``(b) Coordination With Foreign Market Development Cooperator Program.--The Secretary of Agriculture shall coordinate activities conducted under subsection (a) with the foreign market development cooperator program established under title VII of the Agricultural Trade Act of 1978.''. (b) Cooperator Organizations.--Section 4214 of the Agricultural Competitiveness and Trade Act of 1988 (7 U.S.C. 5234) is repealed. SEC. 5. IMPLEMENTATION AND TRANSITIONAL PROVISIONS. (a) Implementation.--The Secretary of Agriculture shall establish the foreign market development cooperator program under title VII of the Agricultural Trade Act of 1978 (as added by section 3) (referred to in this section as ``the program'') not later than 90 days after the date of enactment of this Act. (b) Transition.--In establishing the program, the Secretary shall ensure that ongoing foreign market development cooperator projects and activities are continued and appropriately incorporated into the program. (c) Transfer of Funds.--Funding made available for obligation for the ongoing projects and activities shall be transferred for use in carrying out the program. The amount made available to the Department of Agriculture for the ongoing projects and activities for fiscal year 1996 shall be adjusted to reflect the funds transferred under this subsection.

Cooperator Program Act of 1995 - Amends the Agricultural Trade Act of 1978 to require the Secretary of Agriculture to establish and, in cooperation with eligible trade organizations (ETOs), carry out a foreign market development cooperator program to maintain and develop foreign markets for U.S. agricultural commodities and products. Directs that such program be carried out through multiyear contracts or agreements between the Secretary and ETOs under which cost sharing assistance shall be provided by the Secretary to the ETOs as cooperators for the conduct of foreign market development activities, and to third party cooperators, under specified annual marketing plans. Sets forth provisions regarding: (1) eligibility requirements; and (2) criteria for contract approval. Requires an ETO participating in the program to provide market development and customer support services outside the United States directed at foreign purchasers, potential purchasers, and users of U.S. agricultural commodities and products through trade servicing, technical assistance, and consumer education. Sets forth specific goals, such as to increase foreign consumer and commercial use of, develop long-term foreign demand for, and help overcome constraints to U.S. exports of, the commodity or product. Requires: (1) a participating ETO to coordinate its activities with those of the Foreign Agricultural Service (FAS) which shall assist ETOs in the development and operation of trade promotion programs that use product exhibits, trade teams, market information services, and trade referral services to expand international markets for U.S. agricultural commodities and products; and (2) an ETO to consult with the FAS to ensure that the ETO's annual marketing plan is consistent with and complements the FAS's foreign market development activities. Sets forth provisions regarding: (1) annual marketing plans; (2) oversight; and (3) cooperator organizations. Authorizes appropriations.

Cooperator Program Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``COPS Improvement and Reauthorization Act of 2013''. SEC. 2. COPS GRANT IMPROVEMENTS. (a) In General.--Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended-- (1) by striking subsection (c); (2) by redesignating subsection (b) as subsection (c); (3) by striking subsection (a) and inserting the following: ``(a) The Office of Community Oriented Policing Services.-- ``(1) Office.--There is within the Department of Justice, under the general authority of the Attorney General, a separate and distinct office to be known as the Office of Community Oriented Policing Services (referred to in this subsection as the `COPS Office'). ``(2) Director.--The COPS Office shall be headed by a Director who shall-- ``(A) be appointed by the Attorney General; and ``(B) have final authority over all grants, cooperative agreements, and contracts awarded by the COPS Office. ``(b) Grant Authorization.--The Attorney General shall carry out grant programs under which the Attorney General makes grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia for the purposes described in subsections (c), (d), and (e).''; (4) in subsection (c), as so redesignated-- (A) in the heading, by striking ``uses of grant amounts.--'' and inserting ``Community Policing and Crime Prevention Grants''; (B) in paragraph (3), by striking ``, to increase the number of officers deployed in community-oriented policing''; (C) in paragraph (4)-- (i) by striking ``pay for offices'' and inserting ``pay for or train officers''; and (ii) by inserting ``, and to provide for the initial hiring of such officers'' after ``duties''; (D) by striking paragraph (9); (E) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; (F) by inserting after paragraph (4) the following: ``(5) award grants to hire school resource officers and to establish school-based partnerships between local law enforcement agencies and local school systems to enhance school safety and to combat crime, gangs, drug activities, and other problems in and around elementary and secondary schools, including assisting schools with emergency preparedness and preventative measures plans for natural disasters and acts of violence and terrorism.''; (G) by striking paragraph (13); (H) by redesignating paragraphs (14), (15), and (16) as paragraphs (13), (14), and (15), respectively; (I) in paragraph (15), as so redesignated, by striking ``and'' at the end; (J) by redesignating paragraph (17) as paragraph (18); (K) by inserting after paragraph (15), as so redesignated, the following: ``(16) establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use, including the manufacturing, distribution, and use of methamphetamine; and ``(17) award enhancing community policing and crime prevention grants that meet emerging law enforcement needs, as warranted.''; and (L) in paragraph (18), as so redesignated, by striking ``through (16)'' and inserting ``through (17)''; (5) by striking subsections (h) and (i); (6) by redesignating subsections (d) through (g) as subsections (f) through (i), respectively; (7) by inserting after subsection (c), as so redesignated, the following: ``(d) Troops-to-Cops Programs.-- ``(1) In general.--Grants made under subsection (b) may be used to hire former members of the Armed Forces to serve as career law enforcement officers for deployment in community oriented policing, particularly in communities that are adversely affected by a recent military base closing. ``(2) Definition.--In this subsection, `former member of the Armed Forces' means a member of the Armed Forces of the United States who is involuntarily separated from the Armed Forces within the meaning of section 1141 of title 10, United States Code. ``(e) Technology Grants.--The Attorney General may make grants under subsection (b) to develop and use new technologies (including interoperable communications technologies, modernized criminal record technology, and forensic technology) to assist State and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies.''; (8) in subsection (f), as so redesignated-- (A) in paragraph (1), by striking ``to States, units of local government, Indian tribal governments, and to other public and private entities,''; (B) in paragraph (2), by striking ``define for State and local governments, and other public and private entities,'' and inserting ``establish''; and (C) in the first sentence of paragraph (3), by inserting ``(including regional community policing institutes)'' after ``training centers or facilities''; (9) in subsection (h), as so redesignated-- (A) by striking ``subsection (a)'' the first place that term appears and inserting ``paragraphs (1) and (2) of subsection (c)''; and (B) by striking ``in each fiscal year pursuant to subsection (a)'' and inserting ``in each fiscal year for purposes described in paragraph (1) and (2) of subsection (c)''; (10) in subsection (i), as so redesignated, by striking ``subsection (a)'' and inserting ``subsection (b)''; and (11) in subsection (j)(1), by striking ``subsection (b)'' and inserting ``subsection (c)''. (b) Applications.--Section 1702(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-1(c)) is amended-- (1) by redesignating paragraphs (8) through (11) as paragraphs (9) through (12), respectively; and (2) by inserting after paragraph (7) the following: ``(8) if the application is for a grant for officers performing homeland security duties, explain how the applicant intends to coordinate with Federal law enforcement in support of the applicant's homeland security mission;''. (c) Limitation on Use of Funds.--Section 1704(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd- 3(c)) is amended by striking ``$75,000'' and inserting ``$125,000''. (d) Definitions.--Section 1709(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended by striking ``who is authorized'' and inserting ``who is a sworn law enforcement officer and is authorized''. (e) Authorization of Appropriations.--Section 1001(a)(11) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended-- (1) in subparagraph (A), by striking ``fiscal years 2006 through 2009'' and inserting ``fiscal years 2013 through 2017''; and (2) in subparagraph (B)-- (A) in the first sentence-- (i) by striking ``3 percent'' and inserting ``5 percent''; and (ii) by striking ``section 1701(d)'' and inserting ``section 1701(f)''; and (B) by striking the second sentence and inserting the following: ``Of the funds available for grants under part Q, not less than $600,000,000 shall be used for grants for the purposes specified in section 1701(c), and not more than $250,000,000 shall be used for grants under section 1701(e).''.

COPS Improvement and Reauthorization Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to modify the public safety and community policing grant program (COPS ON THE BEAT grant program) to: (1) establish within the Department of Justice (DOJ), under the general authority of the Attorney General, the Office of Community Oriented Policing Services to be headed by a Director; and (2) authorize the Attorney General to carry out more than one such program. Repeals provisions authorizing: (1) the Attorney General to give preferential consideration to applications for hiring and rehiring additional career law enforcement officers that involve a non-federal contribution exceeding a 25% minimum; and (2) the use of such grants to develop and implement either innovative programs to permit members of the community to assist state, tribal, and local law enforcement agencies in the prevention of crime in the community or new administrative and managerial systems to facilitate the adoption of community-oriented policing as an organization-wide philosophy. Authorizes the use of such grants to: (1) hire school resource officers and establish local partnerships to enhance school safety and to combat crime, gangs, drug activities, and other problems in elementary and secondary schools; (2) establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use; (3) meet emerging law enforcement needs; (4) hire former members of the Armed Forces to serve as career law enforcement officers for deployment in community-oriented policing; and (5) develop new technologies to assist state and local law enforcement agencies in crime prevention and training. Requires an application for a grant for officers performing homeland security duties to explain how the applicant intends to coordinate with federal law enforcement in support of the applicant's homeland security mission. Increases the limit on grant funding provided for hiring or rehiring a career law enforcement officer, unless the Attorney General grants a waiver, from $75,000 to $125,000. Extends the authorization of appropriations for the program for FY2013-FY2017.

COPS Improvement and Reauthorization Act of 2013

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Civil War Defenses of Washington National Historical Park Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and purpose. Sec. 3. Redesignation. Sec. 4. Areas included in Civil War Defenses of Washington National Historical Park. Sec. 5. Possible inclusion of additional areas. Sec. 6. National Civil War History Education Center Report. Sec. 7. Administration. Sec. 8. Definitions. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds and declares as follows: (1) As the United States commemorates the 150th anniversary of the Civil War, 1861-1865, it is fitting and helpful for Americans to remember, reflect upon, and learn from the storied history, valor, heartbreak, and suffering of both sides in this tragic war that so divided and scarred the young Nation, but that also served as a crucible for the Nation to secure itself as United States and preserve the Union, abolish the injustice of slavery, and become the beacon of hope as a democracy that it has become for the world. (2) The significance of the Civil War to the future of the United States is incalculable. The war's lessons and meaning to the history of the United States, what it stands for, and its place in the world today must be remembered and conveyed to future generations. The war pitted family against family, brother against brother, friend against friend, Blue against Gray. Its battlegrounds were consecrated with blood that was shed by many who gave their last full measure of devotion. The reunited democracy that emerged, after such a heavy loss of life on both sides and the difficult decades of healing that followed, made the United States stronger. It helped the Nation advance toward achieving the inalienable rights and noble goals and values its founders sought, but had not fully achieved, in their lifetimes. (3) The defenses of Washington played a key role in the outcome of the Civil War. They were constructed at the beginning of the war in 1861 as a ring of fortifications in the District of Columbia, Maryland, and northern Virginia, to protect the Nation's Capital. By the end of the war, these defenses included 68 forts, 93 unarmed batteries, 807 mounted cannon, 13 miles of rifle trenches, and 32 miles of military roads. (4) The major test of the Civil War defenses of Washington came with the Shenandoah Valley Campaign of 1864 when Confederate Lieutenant General Jubal Early marched from Richmond to Lynchburg, Virginia, and through the Shenandoah Valley to Harpers Ferry, West Virginia, and Frederick, Maryland. His major objective, as directed to him by General Robert E. Lee, was to attack the Nation's Capital from the north, causing Union Forces to be withdrawn from threatening Richmond, the capital of the Confederacy. He was delayed by Union Major General Lew Wallace at the Battle of Monocacy on July 9, 1864, and was stopped at the northern edge of the District of Columbia at the Battle of Fort Stevens on July 11- 12, 1864. The Shenandoah Valley Campaign ended when Union Lieutenant General Philip Sheridan defeated General Early at the Battle of Cedar Creek, Virginia, on October 19, 1864. (5) The Battle of Fort Stevens was the second and last attempt by the Confederate Army to attack Washington. The first major effort to surround or capture the Nation's Capital ended at Gettysburg in July 1863. After that historic battle, in his address at Gettysburg Cemetery on November 19, 1863, President Abraham Lincoln redefined what was at stake: ``a new nation, conceived in liberty, and dedicated to the proposition that all men are created equal . . . that this nation, under God, shall have a new birth of freedom--and that government of the people, by the people, and for the people shall not perish from the earth.''. (6) The Battle of Fort Stevens was the only verifiable time that a sitting United States President (Abraham Lincoln) came under hostile fire during a battle while in office. Nearly all the individual forts in the defenses of Washington (on both sides of the Potomac and Anacostia Rivers) were involved in stopping General Early's attack. Had that one battle at the very edge of Washington been lost, the Nation's Capital, the Presidency, the Union Government, and emancipation all would have been potentially lost and the history of the United States dramatically changed. The victory at Fort Stevens not only saved the city and the national government, but also led to the October 1864 victories for the Union in the Shenandoah Valley, which ensured Lincoln's re-election and preservation of the Union at that critical moment. (7) After the end of the war, most of the Civil War defenses of Washington were returned to private land owners, but many were retained by the military or the lands were repurchased later by the United States. Of the remaining fortifications in public ownership, 19 sites (including Battleground Cemetery) are owned by the Federal Government and managed by the National Park Service, four are owned by local units of government in northern Virginia, and one is owned by Montgomery County, Maryland. (8) In 1902, the Senate McMillan Commission issued a Report on the Improvement of the Park System of Washington. (U.S. Senate Committee on the District of Columbia, Senate Report No. 166, 57th Congress, 1st Session). The Report called for development of a ``Fort Drive'' to connect the Civil War defenses of Washington in the Nation's Capital. Congress appropriated funds to purchase lands for the Fort Drive during the 1930s, but it was never fully completed. (9) Most of the remaining Civil War defenses of Washington contain significant natural and recreational resources, and some offer sweeping vistas overlooking the Nation's Capital. With the lands acquired for the Fort Drive, they provide a linkage of urban green spaces that contribute to the history, character, and scenic values of the Nation's Capital and offer educational and recreational opportunities along with their natural and important historical values. (10) Sites associated with the Civil War defenses of Washington that are in Federal ownership within the District of Columbia, the Commonwealth of Virginia, and the State of Maryland are managed under three separate units of the National Park Service (Rock Creek Park, National Capital Parks-East, and the George Washington Memorial Parkway). Action by Congress is needed to protect and aid the educational benefits of the unique place in history of these sites through proper management, stabilization, maintenance, development, use, and, importantly, interpretation. (11) It is fitting and proper that, as Americans reflect upon the legacy of the Civil War, we more fully understand and appreciate the roles of the battles in the District of Columbia, Virginia, West Virginia, and Maryland related to the defenses of Washington. Taken together, these battles were pivotal to the outcome of the war and therefore to its impact on the promise of the United States. It is therefore in the national interest that these historically important sites and resources be protected from further damage or loss and that they be preserved, enhanced, and interpreted for the use, enjoyment, and education of present and future generations. (12) There is a genuine need and compelling reason for the United States to rededicate itself to and honor the vision and ideals of democracy as reflected in the Constitution by commemorating and interpreting through this National Historical Park the epic story of the American Civil War and the profound and lasting impact of the war on the values, capabilities, and strengths that the United States reflects through the ideals that it stands for in the world today. (b) Purposes.--The purposes of this Act are-- (1) to protect, preserve, enhance, and interpret for the benefit and use of present and future generations the cultural, historical, natural, and recreational resources of the Civil War defenses of Washington located in the District of Columbia, Virginia, and Maryland; and (2) to study and consider creative and cost-effective ways that the storied history of the Civil War, including the defenses of Washington and the Shenandoah Valley Campaign of 1864, can be assembled, arrayed, and effectively conveyed to and for the benefit of the public. SEC. 3. REDESIGNATION. The Civil War defenses of Washington are hereby redesignated as the Civil War Defenses of Washington National Historical Park. SEC. 4. AREAS INCLUDED IN CIVIL WAR DEFENSES OF WASHINGTON NATIONAL HISTORICAL PARK. (a) Areas Under the Administration of the National Park Service.-- The National Historical Park shall include all areas associated with the Civil War defenses of Washington that are currently owned by the Federal Government and under the administration of the National Park Service, each as depicted on appropriate maps maintained by the Secretary, including the following: (1) The following fortifications and associated lands: (A) Battery Kemble. (B) Fort Bayard. (C) Fort Bunker Hill. (D) Fort Carroll. (E) Fort Chaplin. (F) Fort Davis. (G) Fort DeRussy. (H) Fort Dupont. (I) Fort Foote. (J) Fort Greble. (K) Fort Mahan. (L) Fort Marcy. (M) Fort Reno. (N) Fort Ricketts. (O) Fort Slocum. (P) Fort Stanton. (Q) Fort Stevens. (R) Fort Totten. (2) The following affiliated National Park Areas: (A) Fort Circle Drive. (B) Battleground National Cemetery. (C) Fort Washington. (D) Oxon Cove Park and Oxon Hill Farm. (b) Potential Affiliation of Eligible Areas Owned by Local Governments.--Any site associated with the Civil War defenses of Washington that is owned by a unit of local government in Virginia, Maryland, or the District of Columbia, may become affiliated with the National Historical Park pursuant to a cooperative agreement entered into between the unit of local government concerned and the Secretary, including the following: (1) In Virginia: (A) Fort Ward, City of Alexandria. (B) Fort C.F. Smith, Arlington County. (C) Fort Ethan Allen, Arlington County. (D) Fort Willard, Fairfax County. (2) In Maryland: Battery Bailey, Montgomery County. SEC. 5. POSSIBLE INCLUSION OF ADDITIONAL AREAS. (a) Affiliation Authority.--Any site associated with the Civil War defenses of Washington that is owned by a private individual or organization or a unit of local government in the District of Columbia, Virginia, or Maryland, other than those listed in section 4, that the Secretary determines is eligible for affiliation with the National Historical Park, may be affiliated with the National Historical Park pursuant to a cooperative agreement entered into between the site owner and the Secretary. The Secretary may purchase such properties from willing sellers, subject to the availability of private sector donated funding or appropriations. (b) Consent Required.--No non-Federal property may be included in the National Historical Park without the written consent of the owner of the property. (c) Prohibition on Use of Condemnation.--The Secretary may not acquire by condemnation any land or interest in land under this Act or for the purposes of this Act. (d) Consultation and Public Participation.--The Secretary shall consult with interested officials of State governments and units of local government, representatives of interested organizations, and interested members of the public before executing a cooperative agreement under this section or section 7(d). SEC. 6. NATIONAL CIVIL WAR HISTORY EDUCATION CENTER REPORT. (a) In General.--In furtherance of and consistent with section 2, the Secretary shall study and consider creative and cost-effective ways to facilitate the storied history of the Civil War for both the North and the South, including the history of the defenses of Washington and the Shenandoah Valley Campaign of 1864, being assembled, arrayed, and conveyed for the benefit of the public for the knowledge, education, and inspiration of this and future generations about the impact of that war on the United States and its fledgling democracy, abolition of slavery, free enterprise economic system, culture, art, music, and national security capabilities. (b) Assistance.--In conducting the study, the Secretary shall seek and coordinate the assistance of a wide array of expertise of individuals and organizations regarding Civil War history, potential locations where this storied history may be shared, including adaptive reuse of existing structures, and donated funding resources to help facilitate carrying out this section. (c) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit a report with recommendations regarding the study required by subsection (a) to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. SEC. 7. ADMINISTRATION. (a) In General.--The Secretary shall administer the National Historical Park in accordance with this Act and the laws generally applicable to units of the National Park System, including the National Park System Organic Act (16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) Technical Assistance.--The Secretary may provide technical assistance to local governments and private individuals and organizations for the management, interpretation, and preservation of historically significant resources associated with the Civil War defenses of Washington. (c) Donations.--The Secretary may accept, hold, administer, and use gifts, bequests, devises, and other donations, including labor and services, for purposes of this Act, including preserving or providing access to sites and other resources relating to the Civil War defenses of Washington. (d) Other Cooperative Agreements.--In addition to the authority provided by section 5(a), the Secretary may enter into cooperative agreements with State governments, units of local government, organizations, or individuals to further the purposes of the Act, including to provide visitor services and administrative facilities within reasonable proximity to the National Historical Park. (e) Marking of Historical Sites.--The Secretary may identify significant federally or non-Federally owned sites relating to the Civil War history in Washington and adjacent environs in northern Virginia and Montgomery County, Maryland, and, with the consent of the owner or owners thereof, mark them appropriately and make reference to them in any interpretive literature. SEC. 8. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) National historical park.--The term ``National Historical Park'' means the Civil War Defenses of Washington National Historical Park designated by section 3. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Washington.--The term ``Washington'' means Washington, the District of Columbia.

Civil War Defenses of Washington National Historical Park Act - Redesignates the Civil War defenses of Washington, which were constructed at the beginning of the Civil War in 1861 as a ring of fortifications in the District of Columbia, Maryland, and northern Virginia to protect the nation's Capital, as the Civil War Defenses of Washington National Historical Park. Includes in the Park all areas associated with the Civil War defenses of Washington that are currently owned by the federal government and under the administration of the National Park Service (NPS), including Battleground National Cemetery. Allows certain eligible sites and certain additional sites associated with the Civil War defenses of Washington to become affiliated with the Park pursuant to a cooperative agreement under this Act. Directs the Secretary of the Interior to study and consider creative and cost-effective ways to facilitate how the storied history of the Civil War for both the North and the South, including the history of the defenses of Washington and the Shenandoah Valley Campaign of 1864, can be assembled, arrayed, and conveyed for the benefit of the public.

Civil War Defenses of Washington National Historical Park Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Banking Privacy Act of 1999''. SEC. 2. PERSONAL INFORMATION SHARING. (a) Depository Institutions and Subsidiaries of Depository Institutions.--Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: ``(t) Personal Information Sharing Requirements.-- ``(1) Information sharing prohibited if customer opts out.--Notwithstanding any other provision of law and except as permitted under paragraph (5), an insured depository institution and a subsidiary of a depository institution may not disclose or transfer customer information relating to any customer to any other person, including an affiliate of the depository institution, unless-- ``(A) the customer to whom such information relates has been provided with notice in accordance with paragraph (2); and ``(B) the customer has not provided a written directive (including a transmission by e-mail, facsimile, or other form of electronic communication) to the insured depository institution or subsidiary, at any time before the close of business on the 6th business day before such disclosure or transfer, that such information shall not be disclosed or transferred, except when specifically authorized by the customer in connection with and pertaining to a specific transaction with the depository institution or subsidiary. ``(2) Notice.-- ``(A) In general.--The notice referred to in paragraph (1)(A) shall fully and fairly disclose, in accordance with regulations which the Federal banking agencies shall jointly prescribe, what information is being disclosed or transferred, the policy of the insured depository institution or subsidiary of an insured depository institution with regard to information sharing, and the right of the customer to prohibit the disclosure or transfer of such information. ``(B) Form of notice.-- ``(i) In general.--The regulations prescribed pursuant to subparagraph (A) shall require that the notice required under such subparagraph-- ``(I) be prominently displayed on a document which is separate from any other document; ``(II) have the term `Privacy Notice' in prominent typeface at the top of the notice. ``(ii) Notice requirements.-- ``(I) Mailing.--If the notice required under subparagraph (A) is mailed to the customer, the notice shall be mailed separately from any other statement, document, or notice mailed to the customer. ``(II) In person.--If the notice required under subparagraph (A) is disclosed to the customer in person by an officer, director, or agent of the depository institution or subsidiary thereof, the officer, employee, or agent shall obtain the written acknowledgement of the customer of the receipt of such notice separately from any other signature or written acknowledgment of the customer. ``(3) Customer information defined.--For purposes of this subsection, the term `customer information' means any information acquired from a customer of the insured depository institution that is personally identifiable to the customer, including information relating to transactions, balances, maturity dates, payouts, and payout dates, and transaction or experience information. ``(4) Reasonable opportunity to respond to notice.--In order to provide any customer of an insured depository institution or any subsidiary of an insured depository institution with reasonable opportunity to respond to any notice referred to in paragraph (1)(A), the prohibition contained in paragraph (1) on the disclosure or transfer of any customer information relating to such customer to any other person, including an affiliate, shall continue during the 30- day period beginning on the date the notice referred to in such paragraph was sent or delivered to such customer, unless the customer has authorized such disclosure or transfer. ``(5) Exceptions.--Paragraph (1) shall not apply to the disclosure or transfer of customer information-- ``(A) in connection with processing a specific financial transaction that the customer to whom the information relates has authorized, if-- ``(i) the customer has been informed that any such transaction will necessarily involve the disclosure or transfer of such information; and ``(ii) the person to whom such information is transferred or disclosed is subject to a legal or contractual obligation not to use such information for any purpose other than in connection with facilitating the transaction; ``(B) in connection with any routine financial transaction which does not involve marketing of services or the sale of customer information, if the person to whom such information is transferred or disclosed is subject to a legal or contractual obligation not to use such information for any purpose other than in connection with effectuating the transaction; ``(C) in connection with clearing checks, processing credit transactions or electronic fund transfers, or providing mailing services, if the person to whom such information is transferred or disclosed is subject to a legal or contractual obligation not to use such information for any purpose other than in connection with clearing or processing the transaction or providing the service; ``(D) to a governmental, regulatory, or self- regulatory authority having jurisdiction over the insured depository institution for examination, compliance, or other authorized purposes; ``(E) to a court of competent jurisdiction; ``(F) to a consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act, for use solely in accordance with such Act; ``(G) in the case of a default by the customer on an obligation to the depository institution or subsidiary, to a debt collector, as defined in section 803(6) of the Fair Debt Collection Practices Act, counsel, or other entity involved in debt collection, for use solely in accordance with such Act; ``(H) in the case of any claim or litigation between the customer and a depository institution or subsidiary, to a counsel or other person involved in the resolution of the dispute; ``(I) that is not personally identifiable to the customer or is public information; or ``(J) that is necessary to prevent or investigate fraudulent or unlawful acts which the depository institution or subsidiary has a good faith belief may occur or may have occurred.''. (b) Bank Holding Companies and Affiliates of Bank Holding Companies.--Section 5 of the Bank Holding Company Act of 1956 (12 U.S.C. 1844) is amended by adding at the end the following new subsection: ``(g) Personal Information Sharing Requirements.-- ``(1) Information sharing prohibited if customer opts out.--Notwithstanding any other provision of law and except as permitted under paragraph (5), a bank holding company and an affiliate of a bank holding company (other than a depository institution subsidiary or subsidiary of such depository institution) may not disclose or transfer customer information relating to any customer to any other person, including another affiliate of the bank holding company, unless-- ``(A) the customer to whom such information relates has been provided with notice in accordance with paragraph (2); and ``(B) the customer has not provided a written directive (including a transmission by e-mail, facsimile, or other form of electronic communication) to the bank holding company or affiliate, at any time before the close of business on the 6th business day before such disclosure or transfer, that such information shall not be disclosed or transferred, except when specifically authorized by the customer in connection with and pertaining to a specific transaction with the bank holding company or affiliate. ``(2) Notice.-- ``(A) In general.--The notice referred to in paragraph (1)(A) shall fully and fairly disclose, in accordance with regulations which the Board shall prescribe, what information is being disclosed or transferred, the policy of the bank holding company or affiliate of a bank holding company with regard to information sharing, and the right of the customer to prohibit the disclosure or transfer of such information. ``(B) Form of notice.-- ``(i) In general.--The regulations prescribed pursuant to subparagraph (A) shall require that the notice required under such subparagraph-- ``(I) be prominently displayed on a document which is separate from any other document: ``(II) have the term `Privacy Notice' in prominent typeface at the top of the notice. ``(ii) Notice requirements.-- ``(I) Mailing.--If the notice required under subparagraph (A) is mailed to the customer, the notice shall be mailed separately from any other statement, document, or notice mailed to the customer. ``(II) In person.--If the notice required under subparagraph (A) is disclosed to the customer in person by an officer, director, or agent of the bank holding company or affiliate thereof, the officer, employee, or agent shall obtain the written acknowledgement of the customer of the receipt of such notice separately from any other signature or written acknowledgment of the customer. ``(3) Customer information defined.--For purposes of this subsection, the term `customer information' means any information acquired from a customer of the bank holding company or affiliate that is personally identifiable to the customer, including information relating to transactions, balances, maturity dates, payouts, and payout dates, and transaction or experience information. ``(4) Reasonable opportunity to respond to notice.--In order to provide any customer of a bank holding company or any affiliate of a bank holding company with reasonable opportunity to respond to any notice referred to in paragraph (1)(A), the prohibition contained in paragraph (1) on the disclosure or transfer of any customer information relating to such customer to any other person, including another affiliate, shall continue during the 30-day period beginning on the date the notice referred to in such paragraph was sent or delivered to such customer, unless the customer has authorized such disclosure or transfer. ``(5) Exceptions.--Paragraph (1) shall not apply to the disclosure or transfer of customer information-- ``(A) in connection with processing a specific financial transaction that the customer to whom the information relates has authorized, if-- ``(i) the customer has been informed that any such transaction will necessarily involve the disclosure or transfer of such information; and ``(ii) the person to whom such information is transferred or disclosed is subject to a legal or contractual obligation not to use such information for any purpose other than in connection with facilitating the transaction; ``(B) in connection with any routine financial transaction which does not involve marketing of services or the sale of customer information, if the person to whom such information is transferred or disclosed is subject to a legal or contractual obligation not to use such information for any purpose other than in connection with effectuating the transaction; ``(C) in connection with clearing checks, processing financial transactions or electronic fund transfers, or providing mailing services, if the person to whom such information is transferred or disclosed is subject to a legal or contractual obligation not to use such information for any purpose other than in connection with clearing or processing the transaction or providing the service; ``(D) to a governmental, regulatory, or self- regulatory authority having jurisdiction over the insured depository institution for examination, compliance, or other authorized purposes; ``(E) to a court of competent jurisdiction; ``(F) to a consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act, for use solely in accordance with such Act; ``(G) in the case of a default by the customer on an obligation to the bank holding company or affiliate, to a debt collector, as defined in section 803(6) of the Fair Debt Collection Practices Act, counsel, or other entity involved in debt collection, for use solely in accordance with such Act; ``(H) in the case of any claim or litigation between the customer and a depository institution or subsidiary, to counsel or any other person involved in the resolution of the dispute; ``(I) that is not personally identifiable to the customer or is public information; or ``(J) that is necessary to prevent or investigate fraudulent or unlawful acts which the bank holding company or affiliate has a good faith belief may occur or may have occurred.''.

Banking Privacy Act of 1999 - Amends the Federal Deposit Insurance Act and the Bank Holding Company Act of 1956 to mandate customer notice and written consent as a prerequisite to personal information sharing between institutions under their purview (an insured depository institution or bank holding company, respectively) and other persons or affiliates. Delineates notice and consent procedures.

Banking Privacy Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlined Sales and Use Tax Act''. SEC. 2. CONSENT OF CONGRESS. The Congress consents to the November 12, 2002, Streamlined Sales and Use Tax Agreement. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that the sales and use tax system established by the Streamlined Sales and Use Tax Agreement, to the extent that it meets the minimum simplification requirements of section 6, provides sufficient simplification and uniformity to warrant Federal authorization to States that are parties to the Agreement to require remote sellers, subject to the conditions provided in this Act, to collect and remit the sales and use taxes of such States and of local taxing jurisdictions of such States. The purpose of this Act is to effectuate that limited authority, and not to grant additional authority unrelated to the accomplishment of that purpose. SEC. 4. AUTHORIZATION TO REQUIRE COLLECTION OF SALES AND USE TAXES. (a) Grant of Authority.--Once 10 States comprising at least 20 percent of the total population of all States imposing a sales tax, as determined by the 2000 Federal census, have petitioned for membership under the Streamlined Sales and Use Tax Agreement in the manner required by the Agreement, have been found to be in compliance with the Agreement pursuant to the terms of the Agreement, have become Member States under the Agreement, and the necessary operational aspects of the Agreement have been implemented, any Member State under the Agreement is authorized, notwithstanding any other provision of law, to require all sellers not qualifying for the small business exception provided under subsection (b) to collect and remit sales and use taxes with respect to remote sales to purchasers located in such State. Such authorization shall terminate for all States if the requirements of the preceding sentence cease to be met or if the Agreement, as amended, no longer meets the minimum simplification requirements of section 6. Such authorization shall also terminate for any Member State if such Member State no longer complies with the requirements for Member State status under the terms of the Agreement. Determinations regarding compliance with the requirements of this subsection shall be made by the Governing Board (or, prior to the establishment of the Governing Board, by the States petitioning for membership under the Agreement) subject to section 5. (b) Small Business Exception.--No seller shall be subject to a requirement of any State to collect and remit sales and use taxes with respect to a remote sale where the seller and its affiliates collectively had gross remote taxable sales nationwide of less than $5,000,000 in the calendar year preceding the date of such sale. No seller shall be subject to a requirement of any State to collect and remit sales and use taxes with respect to a remote sale where the seller and its affiliates collectively meet the $5,000,000 threshold of this subsection but the seller has less than $100,000 in gross remote taxable sales nationwide. (c) Reasonable Seller Compensation.--The authority provided in subsection (a) is conditioned on acceptance and implementation by each Member State of a requirement that the State provide reasonable compensation for expenses incurred by sellers related to the administration, collection and remittance of sales and use taxes. Furthermore, the State shall provide compensation that covers all tax processing costs of remote sellers. The additional compensation provided to remote sellers shall remain in effect for a period of 4 years from the date that a State is granted the authority under this Act to require remote sellers to collect and remit sales taxes with respect to remote purchasers located in such State. SEC. 5. DETERMINATION BY GOVERNING BOARD AND JUDICIAL REVIEW OF THAT DETERMINATION. (a) Petition.--Any person who may be affected by the Agreement may petition the Governing Board for a determination on any issue relating to the implementation of the Agreement. (b) Review in Court of Federal Claims.--Any person who submits a petition under subsection (a) may bring an action against the Governing Board in the United States Court of Federal Claims for judicial review of the action of the Governing Board on that petition if-- (1) the petition relates to an issue of whether-- (A) a State has met or continues to meet the requirements for Member State status under the Agreement; (B) the Governing Board has performed a nondiscretionary duty of the Governing Board under the Agreement; (C) the Agreement continues to meet the minimum simplification requirements set forth in section 6; or (D) any other requirement of section 4 has been met; and (2) the petition is denied by the Governing Board in whole or in part with respect to that issue, or the Governing Board fails to act on the petition with respect to that issue not later than six months after the date on which the petition is submitted. (c) Timing of Action for Review.--An action for review under this section shall be initiated not later than 60 days after the Governing Board's denial of the petition, or, if the Governing Board failed to act on the petition, within 60 days after the end of the six-month period beginning on the day after the date on which the petition was submitted. (d) Standard of Review.--In any action for review under this section, the court shall set aside the actions, findings, and conclusions of the Governing Board found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. (e) Jurisdiction.-- (1) Generally.--Chapter 91 of title 28 of the United States Code is amended by adding at the end thereof: ``Sec. 1510. Jurisdiction regarding the streamlined sales and use tax agreement ``The United States Court of Federal Claims shall have exclusive jurisdiction over actions for judicial review of determinations of the Governing Board of the Streamlined Sales and Use Tax Agreement under the terms and conditions provided in section 5 of the Simplified Sales and Use Tax Act.''. (2) Conforming amendment to table of sections.--The table of sections at the beginning of chapter 91 of title 28, United States Code, is amended by adding at the end the following new item: ``1510. Jurisdiction regarding the streamlined sales and use tax agreement.''. SEC. 6. MINIMUM SIMPLIFICATION REQUIREMENTS. The following criteria are the minimum simplification requirements for the Agreement: (1) A centralized, one-stop, multistate registration system that sellers may elect to use to register with the Member States; provided the seller may also elect to register directly with a Member State; and further provided that privacy and confidentiality controls shall be placed on the multistate registration system so that it may not be used for any purpose other than the administration of sales and use taxes. (2) Uniform definitions of products and product-based exemptions from which the Member States may choose their individual tax bases; Member States may enact other product- based exemptions without restriction if the Agreement does not have a definition for the product or for a term that includes the product. (3) Uniform rules for sourcing and attributing transactions to particular taxing jurisdictions. (4) Uniform procedures for the certification of service providers and software on which a seller may elect to rely in order to determine State sales and use tax rates and taxability. (5) Uniform rules for bad debts. (6) Uniform requirements for tax returns and remittances. (7) Consistent electronic filing and remittance methods. (8) Single, State-level administration of all State and local sales and use taxes, and a single filing for each State. (9) A single sales and use tax rate per taxing jurisdiction for items other than those listed in section 308 C of the Agreement as adopted on November 12, 2002, except that a State may impose a second sales and use tax rate for items satisfying the Agreement's definition for food, food ingredients, or drugs. (10) A provision that relieves a seller or service provider from liability for collection of the incorrect amount of sales or use tax, provided such seller has relied on information provided by the Member States regarding tax rates, boundaries, or taxing jurisdiction assignments. (11) Uniform audit procedures for sellers, including an option under which a seller may elect, by notifying the Governing Board, to be subject to a single audit on behalf of all the Member States or a single audit on behalf of each Member State. (12) Reasonable compensation for all sellers that administer, collect and remit sales and use tax, with requirements for remote seller compensation as provided in section 4(d) of this Act. (13) Appropriate protections for consumer privacy. (14) Governance procedures and mechanisms to ensure timely, consistent, and uniform implementation and adherence to the principles of the streamlined system and the terms of the Agreement. (15) The Member States apply the minimum simplification requirements under this subsection to transaction taxes on communications by January 1, 2006, except that the requirement for one uniform return shall not apply and the requirements for rate simplification are modified to require one rate for each type of transaction tax per jurisdiction. ``Transaction tax'' as used in this provision shall have the same meaning as in section 116 of title 4, United States Code, except that ``communications services'' shall replace ``mobile telecommunications services'' whenever such term appears. (16) Uniform rules for ``sales tax holidays'' that provide alternative mechanisms for remote sellers to participate. (17) Uniform rules and procedures to address refunds and credits for sales taxes relating to customer returns, restocking fees, discounts and coupons, and rules to address allocations of shipping and handling and discounts applied to multiple item and multiple seller orders and sourcing rules that contain provisions to prevent double taxation in situations where a foreign country has imposed a transaction tax on a digital good or service. (18) Each amendment hereafter adopted to the Agreement is within the scope of the subject matter currently covered by the agreement. SEC. 7. LIMITATION. (a) In General.--Nothing in this Act shall be construed as subjecting sellers to franchise taxes, income taxes, or licensing requirements of a State or political subdivision thereof, nor shall anything in this Act be construed as affecting the application of such taxes or requirements or enlarging or reducing the authority of any State to impose such taxes or requirements. (b) No Effect on Nexus, Etc.--No obligation imposed by virtue of the authority granted by section 4 shall be considered in determining whether a seller has a nexus with any State for any other tax purpose. Except as provided in subsection (a), and in section 4, nothing in this Act permits or prohibits a State's-- (1) licensing or regulating any person; (2) requiring any person to qualify to transact intrastate business; (3) subjecting any person to State taxes not related to the sale of goods or services; or (4) exercising authority over matters of interstate commerce. SEC. 8. EXPEDITED JUDICIAL REVIEW. (a) Three-Judge District Court Hearing.--Notwithstanding any other provision of law, any civil action challenging the constitutionality, on its face, of this Act, or any provision thereof, shall be heard by a district court of three judges convened pursuant to the provisions of section 2284 of title 28, United States Code. (b) Appellate Review.--Notwithstanding any other provision of law, an interlocutory or final judgment, decree, or order of the court of three judges in an action under subsection (a) holding this Act, or any provision thereof, unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court. Any such appeal shall be filed not more than 20 days after entry of such judgment, decree, or order. SEC. 9. DEFINITIONS. For the purposes of this Act the following definitions apply: (1) Affiliate.--The term ``affiliate'' means any entity that controls, is controlled by, or is under common control with a seller. (2) Governing board.--The term ``Governing Board'' means the governing board established by the Streamlined Sales and Use Tax Agreement. (3) Member state.--The term ``Member State'' means a member state under the Streamlined Sales and Use Tax Agreement. (4) Nationwide.--The term ``nationwide'' means throughout the territory of the United States, including any of its territories and possessions. (5) Person.--The term ``person'' means an individual, trust, estate, fiduciary, partnership, corporation, or any other legal entity, and includes a State or local government. (6) Remote sale and remote seller.--The terms ``remote sale'' and ``remote seller'' refer to a sale of goods or services attributed to a particular taxing jurisdiction with respect to which the seller did not have adequate physical presence to establish nexus under the law existing on the day before the date of enactment of this Act so as to allow such jurisdiction to require the seller to collect and remit sales or use taxes with respect to such sale. (7) State.--The term ``State'' means any State of the United States of America and includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. (8) Streamlined sales and use tax agreement.--The term ``Streamlined Sales and Use Tax Agreement'' (or ``the Agreement'') means the multistate agreement with that title adopted on November 12, 2002, and as amended from time to time.

Streamlined Sales and Use Tax - Grants the consent of Congress to the November 12, 2002, Streamlined Sales and Use Tax Agreement. Expresses the sense of Congress that such Agreement provides sufficient simplification and uniformity to warrant Federal authorization to States that are parties to the Agreement to require remote sellers to collect and remit the sales and use taxes of such States and of local taxing jurisdictions of such States. States that the purpose of this Act is to effectuate that limited authority, and not to grant additional authority unrelated to the accomplishment of that purpose. States that once 10 States comprising at least 20 percent of the total population of all States imposing a sales tax have petitioned for membership under the Streamlined Sales and Use Tax Agreement, have been found to be in compliance with the Agreement pursuant to the terms of the Agreement, have become Member States under the Agreement, and the necessary operational aspects of the Agreement have been implemented, any Member State under the Agreement is authorized, notwithstanding any other provision of law, to require all sellers not qualifying for the small business exception provided by this Act to collect and remit sales and use taxes with respect to remote sales to purchasers located in such State. Establishes minimum simplification requirements.

A bill to promote simplification and fairness in the administration and collection of sales and use taxes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Head Start Access for Homeless and Foster Children Act of 2005''. SEC. 2. DEFINITIONS. Section 637 of the Head Start Act (42 U.S.C. 9832) is amended by adding at the end the following: ``(18) The term `family' means all persons living in the same household who are-- ``(A) supported by the income of at least 1 parent or guardian (including any relative acting in place of a parent, such as a grandparent) of a child enrolling or participating in the Head Start program; and ``(B) related to the parent or guardian by blood, marriage, or adoption. ``(19) The term `homeless child' means a child described in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)). ``(20) The term `homeless family' means the family of a homeless child.''. SEC. 3. ALLOTMENT OF FUNDS; LIMITATIONS ON ASSISTANCE. (a) Quality Improvement.--Section 640(a)(3) of the Head Start Act (42 U.S.C. 9835(a)(3)) is amended-- (1) in subparagraph (B)-- (A) in clause (ii), by inserting ``children in foster care, children referred to Head Start programs by child welfare agencies, '' after ``background''; and (B) in clause (v), by inserting ``, including collaboration to increase program participation by underserved populations, including homeless children, children in foster care, and children referred to Head Start programs by child welfare agencies'' before the period; and (2) in subparagraph (C)-- (A) in clause (ii)(IV)-- (i) by inserting ``homeless children, children in foster care, children referred to Head Start programs by child welfare agencies, '' after ``dysfunctional families''; and (ii) by inserting ``and families'' after ``communities''; (B) in clause (v)-- (i) by inserting ``homeless children, children in foster care, children referred to Head Start programs by child welfare agencies,'' after ``dysfunctional families''; and (ii) by inserting ``and families'' after ``communities''; (C) by redesignating clause (vi) as clause (viii); and (D) by inserting after clause (v) the following: ``(vi) To conduct outreach to homeless families and to increase Head Start program participation by homeless children.''. (b) Collaboration Grants.--Section 640(a)(5)(C)(iv) of the Head Start Act (42 U.S.C. 9835(a)(5)(C)(iv)) is amended-- (1) by inserting ``child welfare (including child protective services),'' after ``child care,''; (2) by inserting ``home-based services (including home visiting services),'' after ``family literacy services''; and (3) by striking ``and services for homeless children'' and inserting ``services provided through grants under section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) and parts B and E of title IV of the Social Security Act (42 U.S.C. 620 et seq. and 670 et seq.), and services for homeless children (including coordination of services with the Coordinator for Education of Homeless Children and Youth designated under section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432)), children in foster care, and children referred to Head Start programs by child welfare agencies''. (c) Allocation of Funds.--Section 640(g)(2) of the Head Start Act (42 U.S.C. 9835(g)(2)) is amended-- (1) in subparagraph (C)-- (A) by inserting ``organizations and agencies providing family support services, child abuse prevention services, protective services, and foster care, and'' after ``(including''; and (B) by striking ``and public entities serving children with disabilities'' and inserting ``, public entities, and individuals serving children with disabilities and homeless children (including local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)))''; (2) in subparagraph (F), by inserting ``and homeless families'' after ``low-income families''; and (3) in subparagraph (H), by inserting ``(including the local educational agency liaison designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)))'' after ``community involved''. (d) Enrollment of Homeless Children.--Section 640 of the Head Start Act (42 U.S.C. 9835) is amended by adding at the end the following: ``(m) The Secretary shall issue regulations to remove barriers to the enrollment and participation of homeless children in Head Start programs. Such regulations shall require Head Start agencies to-- ``(1) implement policies and procedures to ensure that homeless children are identified and prioritized for enrollment; ``(2) allow homeless children to apply to, enroll in, and attend Head Start programs while required documents, such as proof of residency, immunization and other medical records, birth certificates, and other documents, are obtained; and ``(3) coordinate individual Head Start programs with programs for homeless children (including efforts to implement subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.)).''. SEC. 4. DESIGNATION OF HEAD START AGENCIES. Section 641(d)(4) of the Head Start Act (42 U.S.C. 9836(d)(4)) is amended-- (1) in subparagraph (B), by inserting ``including providing services, to the extent practicable, such as transportation, to enable such parents to participate'' after ``level''; (2) in subparagraph (E)(iv), by striking ``; and'' and inserting a semicolon; (3) in subparagraph (F), by inserting ``and'' after the semicolon; and (4) by adding at the end the following: ``(G) to meet the needs of homeless children (including, to the extent practicable, the transportation needs of such children), children in foster care, and children referred to Head Start programs by child welfare agencies;''. SEC. 5. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES AND PROGRAMS. Section 641A of the Head Start Act (42 U.S.C. 9836a) is amended-- (1) in subsection (a)(2)(B)-- (A) in clause (iii), by inserting ``homeless children, children being raised by grandparents or other relatives, children in foster care, children referred to Head Start Programs by child welfare agencies,'' after ``children with disabilities,''; and (B) in clause (vi), by striking ``background and family structure of such children'' and inserting ``background, family structure of such children (including the number of children being raised by grandparents and other relatives and the number of children in foster care), and the number of homeless children''; and (2) in subsection (c)(2)(C), by striking ``disabilities)'' and inserting ``disabilities, homeless children, children being raised by grandparents or other relatives, children in foster care, and children referred to Head Start programs by child welfare agencies)''. SEC. 6. POWERS AND FUNCTIONS OF HEAD START AGENCIES. Section 642 of the Head Start Act (42 U.S.C. 9837) is amended-- (1) in subsection (b)-- (A) in paragraph (6), by inserting ``mental health services and treatment, domestic violence services, and'' after ``participating children''; (B) in paragraph (10), by striking ``; and'' and inserting a semicolon; (C) in paragraph (11)(B), by striking the period and inserting ``; and''; and (D) by adding at the end the following: ``(12) inform foster parents or grandparents or other relatives raising children enrolled in the Head Start program, that they have a right to participate in programs, activities, or services carried out or provided under this subchapter.''; (2) in subsection (c), by inserting ``, the agencies responsible for administering section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a), parts B and E of title IV of the Social Security Act (42 U.S.C. 620 et seq. and 670 et seq.), and programs under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), homeless shelters, other social service agencies serving homeless children and families,'' after ``(42 U.S.C. 9858 et seq.)''; and (3) in subsection (d)(2)-- (A) in subparagraph (A), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (B), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(C) collaborating to increase the program participation of homeless children.''. SEC. 7. HEAD START TRANSITION. Section 642A of the Head Start Act (42 U.S.C. 9837a) is amended-- (1) in paragraph (2), by inserting ``local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)),'' after ``social workers''; (2) in paragraph (5), by inserting ``and family outreach and support efforts under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.)'' before the semicolon; (3) in paragraph (6), by striking ``; and '' and inserting a semicolon; (4) in paragraph (7), by striking the period and inserting ``; and''; and (5) by adding at the end the following: ``(8) developing and implementing a system to increase program participation of underserved populations, including homeless children.''. SEC. 8. PARTICIPATION IN HEAD START PROGRAMS. Section 645(a)(1) of the Head Start Act (42 U.S.C. 9840(a)(1)) is amended-- (1) in subparagraph (B), by striking clause (i) and inserting the following: ``(i) programs assisted under this subchapter may include-- ``(I) participation of homeless children, children whose families are receiving public assistance, children in foster care, and children who have been referred to a Head Start program by a child welfare agency; or ``(II) to a reasonable extent, participation of other children in the area served who would benefit from such programs, whose families do not meet the low-income criteria prescribed pursuant to subparagraph (A); and''; and (2) in the flush matter following subparagraph (B), by adding at the end the following: ``A homeless child shall automatically be deemed to meet the low-income criteria.''. SEC. 9. EARLY HEAD START PROGRAMS FOR FAMILIES WITH INFANTS AND TODDLERS. Section 645A of the Head Start Act (42 U.S.C. 9840a) is amended-- (1) in subsection (b)-- (A) in paragraph (4), by inserting ``(including parenting skills training, training in basic child development, and training to meet the special needs of their children)'' after ``role as parents''; (B) in paragraph (5)-- (i) by inserting ``(including home visiting and other home-based services)'' after ``with services''; (ii) by striking ``disabilities)'' and inserting ``disabilities and homeless infants and toddlers (including homeless infants and toddlers with disabilities)); and (iii) by striking ``services);'' and inserting ``services, housing services, family support services, and other child welfare services);''; and (C) in paragraph (8), by inserting ``, and the agencies responsible for administering section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) and parts B and E of title IV of the Social Security Act (42 U.S.C. 620 et seq. and 670 et seq.)'' before the semicolon; and (2) in subsection (g)(2)(B)-- (A) in clause (iii), by striking ``; and'' and inserting a semicolon; (B) in clause (iv), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(v) providing professional development designed to increase the program participation of underserved populations, including homeless infants and toddlers, infants and toddlers in foster care, and infants and toddlers referred by child welfare agencies.''. SEC. 10. TECHNICAL ASSISTANCE AND TRAINING. Section 648 of the Head Start Act (42 U.S.C. 9843) is amended-- (1) in subsection (c)-- (A) in paragraph (2), by striking ``disabilities)'' and inserting ``disabilities, children in foster care, and children referred by child welfare agencies)''; (B) in paragraph (5), by inserting ``, including the needs of homeless children and their families'' before the semicolon; (C) in paragraph (10), by striking ``; and'' and inserting a semicolon; (D) in paragraph (11) by striking the period and inserting ``; and''; and (E) by adding at the end the following: ``(12) assist Head Start agencies and programs in increasing the program participation of homeless children.''; and (2) in subsection (e)-- (A) by inserting ``training for personnel providing services to children determined to be abused or neglected, children receiving child welfare services, and children referred by child welfare agencies,'' after ``language),''; and (B) by inserting ``and family'' after ``community''. SEC. 11. RESEARCH, DEMONSTRATIONS, AND EVALUATION. Section 649 of the Head Start Act (42 U.S.C. 9844) is amended-- (1) in subsection (a)(1)(B), by striking ``disabilities)'' and inserting ``disabilities, homeless children, children who have been abused or neglected, and children in foster care''; and (2) in subsection (c)(1)(B) by inserting ``, including those that work with children with disabilities, children who have been abused and neglected, children in foster care, children and adults who have been exposed to domestic violence, children and adults facing mental health and substance abuse problems, and homeless children and families'' before the semicolon. SEC. 12. REPORTS. Section 650(a) of the Head Start Act (42 U.S.C. 9846(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``disabled and'' and inserting ``disabled children, homeless children, children in foster care, and''; (2) in paragraph (8), by inserting ``homelessness, whether the child is in foster care or was referred by a child welfare agency,'' after ``background''; and (3) in paragraph (12), by inserting ``substance abuse treatment, housing services,'' after ``physical fitness''.

Improving Head Start Access for Homeless and Foster Children Act of 2005 - Amends the Head Start Act to include consideration of the needs of homeless children, children in foster care, and children referred by child welfare agencies under specified requirements for Head Start and Early Head Start programs.

A bill to amend the Head Start Act to address the needs of victims of child abuse and neglect, children in foster care, children in kinship care, and homeless children.

SEC. 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Financial Aid Simplification Act''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. SIMPLIFICATION OF THE FREE APPLICATION FOR FEDERAL STUDENT AID (FASFA). Section 491 (20 U.S.C. 1098) is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: ``(k) Special Study of Simplification of Need Analysis and Application for Title IV Aid.-- ``(1) Study required.--The Advisory Committee shall conduct a thorough study of the feasibility of simplifying the need analysis methodology for all Federal student financial assistance programs and the process of applying for such assistance. ``(2) Required subjects of study.--In performing the study, the Advisory Committee shall, at a minimum, examine the following: ``(A) whether the methodology used to calculate the expected family contribution can be simplified without significant adverse effects on program intent, costs, integrity, delivery, and distribution of awards; ``(B) whether the number of data elements, and, accordingly, the number and complexity of questions asked of students and families, used to calculate the expected family contribution can be reduced without such adverse effects; ``(C) whether the procedures for determining such data elements, including determining and updating offsets and allowances, is the most efficient, effective, and fair means to determine a family's available income and assets; ``(D) whether the nature and timing of application required in section 483 (a)(1), eligibility and award determination, financial aid processing, and funds delivery can be streamlined further for students and families, institutions, and States; ``(E) whether it is feasible to allow students to complete limited sections of the financial aid application that only apply to their specific circumstances and the State in which they reside; ``(F) whether a widely disseminated printed form, or the use of an Internet or other electronic means, can be developed to notify individuals of an estimation of their approximate eligibility for grant, work-study and loan assistance upon completion and verification of the simplified application form; and ``(G) whether information provided on other Federal forms (such as the form applying for supplemental security income under title XVI of the Social Security Act, the form for applying for food stamps under the Food Stamp Act of 1977, and the schedule for applying for the earned income tax credit under section 32 of the Internal Revenue Code of 1986) that are designed to determine eligibility for various Federal need-based assistance programs could be used to qualify potential students for the simplified needs test. ``(3) Additional considerations.--In conducting the feasibility study, the Advisory Committee's primary objective under this subsection shall be simplifying the financial aid application forms and process and obtaining a substantial reduction in the number of required data items. In carrying out that objective, the Advisory Committee shall pay special attention to the needs of low-income and moderate-income students and families. ``(4) Consultation.-- ``(A) In general.--The Advisory Committee shall consult with a broad range of interested parties in higher education, including parents and students, high school guidance counselors, financial aid and other campus administrators, and administrators of intervention and outreach programs. ``(B) Forms design expert.--With the goal of making significant changes to the form to make the questions more easily understandable, the Advisory Committee shall consult a forms design expert to ensure that the revised application form is easily readable and understood by parents, students and other members of the public. ``(C) Congressional consultation.--The Advisory Committee shall consult on a regular basis with the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate in carrying out the feasibility study required by this subsection. ``(D) Departmental consultation.--The Secretary of Education shall provide such assistance to the Advisory Committee as is requested and practicable in conducting the study required by this subsection. ``(5) Report.--The Advisory Committee shall, not later than 2 years after the date of enactment of the Financial Aid Simplification Act, prepare and submit a report on the study required by this section to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate. ``(6) Implementation.--Within 1 year of submission of such report, the Secretary of Education shall consult with the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate and shall subsequently initiate a redesign of the form required by the Secretary under section 483. Such redesign shall include the testing of alternative simplified versions of the free Federal form. The Secretary shall report on the progress of these efforts to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate not later than one year after receipt of the Advisory Committee report required by this section.''. SEC. 3. SIMPLIFIED NEEDS TEST IMPROVEMENTS. Section 479 (20 U.S.C. 1087ss) is amended-- (1) by striking clause (i) of subsection (b)(1)(A) and inserting the following: ``(i) the student's parents file a form described in paragraph (3) or certify that they are not required to file an income tax return, or the student's parents or the student received benefits under a means-tested Federal benefit program;''; (2) by striking clause (i) of subsection (b)(1)(B) and inserting the following: ``(i) the student (and the student's spouse, if any) files a form described in paragraph (3) or certifies that the student (and the student's spouse, if any) is not required to file an income tax return, or the student (or the student's spouse, if any) received benefits under a means-tested Federal benefit program;''; (3) by striking subparagraph (A) of subsection (c)(1) and inserting the following: ``(A) the student's parents file a form described in subsection (b)(3) or certify that they are not required to file an income tax return, or the student's parents or the student received benefits under a means- tested Federal benefit program;''; (4) by striking subparagraph (A) of subsection (c)(2) and inserting the following: ``(A) the student (and the student's spouse, if any) files a form described in subsection (b)(3) or certifies that the student (and the student's spouse, if any) is not required to file an income tax return, or the student (or the student's spouse, if any) received benefits under a means-tested Federal benefit program;''; and (5) by adding at the end the following new subsection: ``(d) Definition of Means-Tested Federal Benefit Program.--For purposes of this section, the term `means-tested Federal benefit program' means a mandatory spending program of the Federal Government in which eligibility for the programs' benefits, or the amount of such benefits, or both, are determined on the basis of income or resources of the individual or family seeking the benefit, and includes the supplemental security income program under title XVI of the Social Security, the food stamp program under the Food Stamp Act of 1977, and the free and reduced price school lunch program under the Richard B. Russell National School Lunch Act.''. SEC. 4. EXPANDING INFORMATION DISSEMINATION REGARDING ELIGIBILITY FOR PELL GRANTS. Sec 483(a) (20 U.S.C. 1090(a)) is amended by adding at the end the following new paragraph: ``(8) Expanding information dissemination regarding eligibility for pell grants.--The Secretary shall make special efforts, in conjunction with State efforts, to notify students and their parents who qualify for a free lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Food Stamps program, or such programs as the Secretary shall determine, of their potential eligibility for a maximum Pell Grant, and shall disseminate such informational materials as the Secretary deems necessary.''. SEC. 5. IMPLEMENTATION. Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the regulations implementing the amendments made by section 2 of this Act.

Financial Aid Simplification Act - Amends the Higher Education Act of 1965 to direct the Advisory Committee on Student Financial Assistance to study and report to specified congressional committees on the feasibility of simplifying the need analysis methodology for all Federal student financial assistance programs and the process of applying for such assistance through the Free Application for Federal Student Aid (FAFSA). Requires the Secretary of Education within one year after the report's submission to initiate a redesign of the FAFSA Revises eligibility requirements for filing of a simplified FAFSA to allow, as an alternative to not being required to file an income tax return, that the student's parents or the student (and the student's wife, if any) received benefits under a means-tested Federal benefit program. Directs the Secretary to make special efforts, in conjunction with State efforts, to: (1) notify students and their parents who qualify for a free lunch under the Richard B. Russell National School Lunch Act, the Food Stamps program, or other such programs of their potential eligibility for a maximum Pell Grant; and (2) disseminate such informational materials as necessary.

To begin the process of simplifying the Federal student financial aid process, making it easier and more understandable for students and families to participate in Federal student financial aid programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Amateur Radio Emergency Communications Enhancement Act of 2009''. SEC. 2. FINDINGS. The Congress finds the following: (1) Nearly 700,000 amateurs radio operators in the United States are licensed by the Federal Communications Commission in the Amateur Radio Service. (2) Amateur Radio operators provide, on a volunteer basis, a valuable public service to their communities, their States, and to the Nation, especially in the area of national and international disaster communications. (3) Emergency and disaster relief communications services by volunteer Amateur Radio operators have consistently and reliably been provided before, during, and after floods, hurricanes, tornadoes, forest fires, earthquakes, blizzards, train accidents, chemical spills, and other disasters. These communications services include services in connection with significant examples, such as hurricanes Katrina, Rita, Hugo, and Andrew; the relief effort at the World Trade Center, and the Pentagon following the 2001 terrorist attacks; and the Oklahoma City bombing in April 1995. (4) Amateur Radio has formal agreements for the provision of volunteer emergency communications activities with the Department of Homeland Security, the Federal Emergency Management Agency, the National Weather Service, the National Communications System, and the Association of Public Safety Communications Officials, as well as with disaster relief agencies, including the American National Red Cross and the Salvation Army. (5) The Congress passed Public Law 103-408 which was signed by the President on October 22, 1994. This included in Section 1 the following finding of Congress: ``Reasonable accommodation should be made for the effective operation of amateur radio from residences, private vehicles and public areas, and the regulation at all levels of government should facilitate and encourage amateur radio operation as a public benefit.'' (6) The Congress passed Public Law 109-295 which was signed by the President on October 4, 2006. This included a provision in the Department of Homeland Security Appropriations legislation for fiscal year 2007 that directed the Department's Regional Emergency Communications Coordinating Working Group to coordinate their activities with ``ham and amateur radio operators'' among the eleven other emergency organizations such as ambulance services, law enforcement, and others. (7) Amateur Radio, at no cost to taxpayers, provides a fertile ground for technical self-training in modern telecommunications, electronic technology, and emergency communications techniques and protocols. (8) There is a strong Federal interest in the effective performance of Amateur Radio stations, and that performance must be given support at all levels of government and given protection against unreasonable regulation and impediments to the provision of these valuable communications. SEC. 3. STUDY OF ENHANCED USES OF AMATEUR RADIO IN EMERGENCY AND DISASTER RELIEF COMMUNICATION, AND FOR RELIEF OF RESTRICTIONS. (a) Authority.--The Secretary of Homeland Security-- (1) shall undertake a study on the uses and capabilities of Amateur Radio communications in emergencies and disaster relief; and (2) shall report its findings to Congress not later than 180 days after the date of enactment of this Act. (b) Scope of the Study.--The study required by this section shall-- (1) include recommendations-- (A) for enhancements in the voluntary deployment of Amateur Radio licensees in disaster and emergency communications and disaster relief efforts; and (B) for improved integration of Amateur Radio operators in planning and in furtherance of the Department of Homeland Security initiatives; (2)(A) identify unreasonable or unnecessary impediments to enhanced Amateur Radio communications, such as the effects of private land use regulations on residential antenna installations; and (B) make recommendations regarding such impediments; and (3)(A) include an evaluation of section 207 of the Telecommunications Act of 1996 (Public Law 104-104, 110 Stat. 56 (1996)); and (B) make a recommendation whether that section should be modified to prevent unreasonable private land use restrictions that impair the ability of an amateur radio operator licensed by the Federal Communications Commission to conduct, or prepare to conduct, emergency communications by means of effective outdoor antennas and support structures at reasonable heights and dimensions for the purpose, in residential areas. (c) Use of Expertise and Information.--In conducting the study required by this section, the Secretary of Homeland Security shall-- (1) utilize the expertise of the American Radio Relay League, representing the National Amateur Radio community; and (2) seek information from private and public sectors for the study.

Amateur Radio Emergency Communications Enhancement Act of 2009 - Directs the Secretary of Homeland Security to: (1) study the uses and capabilities of amateur radio communications in emergencies and disaster relief; (2) use the expertise of the American Radio Relay League in the study; and (3) report to Congress.

To promote and encourage the valuable public service, disaster relief, and emergency communications provided on a volunteer basis by licensees of the Federal Communications Commission in the Amateur Radio Service, by undertaking a study of the uses of amateur radio for emergency and disaster relief communications, by identifying unnecessary or unreasonable impediments to the deployment of Amateur Radio emergency and disaster relief communications, and by making recommendations for relief of such unreasonable restrictions so as to expand the uses of amateur radio communications in Homeland Security planning and response.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Nursing and Patient Care Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Federal Government has a substantial interest in assuring that delivery of health care services to patients in health care facilities is adequate and safe. (2) Research, including a recent study published in the October 23-30, 2002 issue of the Journal of the American Medical Association (JAMA), documents that higher nurse staffing levels result in better patient outcomes, yet health care providers report substantial difficulties in recruiting and retaining sufficient nursing staff, as evidenced by the approximately 500,000 licensed nurses who are not practicing nursing. (3) While job dissatisfaction and overtime work are contributing to the departure of nurses from their profession, as highlighted by a recent report of the Comptroller General of the United States, health care providers continue to make use of mandatory overtime as a staffing method. (4) The widespread practice of requiring nurses to work extended shifts and forego days off causes nurses to frequently provide care in a state of fatigue, contributing to medical errors and other consequences that compromise patient safety. (5) Limitations on mandatory overtime will ensure that health care facilities throughout the country operate in a manner that safeguards public safety and guarantees the delivery of quality health care services and facilitates the retention and recruitment of nurses. SEC. 3. LIMITATIONS ON MANDATORY OVERTIME FOR NURSES. (a) Provider Agreements.--Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (R), by striking ``and'' at the end; (B) in subparagraph (S), by striking the period and inserting ``, and''; and (C) by inserting after subparagraph (S), the following: ``(T) to comply with the requirements of subsection (j) (relating to limitations on mandatory overtime for nurses).''; and (2) by adding at the end the following new subsection: ``(j) Limitations on Mandatory Overtime for Nurses.--For purposes of subsection (a)(1)(T), the requirements of this subsection are the following: ``(1) Prohibition on mandatory overtime.--Except as provided in this subsection, a provider of services shall not, directly or indirectly, require a nurse to work in excess of any of the following: ``(A) The scheduled work shift or duty period of the nurse. ``(B) 12 hours in a 24-hour period. ``(C) 80 hours in a consecutive 14-day period. ``(2) Exceptions.-- ``(A) In general.--Subject to subparagraph (B), the requirements of paragraph (1) shall not apply to a provider of services during a declared state of emergency if the provider is requested, or otherwise is expected, to provide an exceptional level of emergency or other medical services to the community. ``(B) Limitations.--With respect to a provider of services to which subparagraph (A) applies, a nurse may only be required to work for periods in excess of the periods described in paragraph (1) if-- ``(i) the provider has made reasonable efforts to fill the immediate staffing needs of the provider through alternative means; and ``(ii) the duration of the work requirement does not extend past the earlier of-- ``(I) the date on which the declared state of emergency ends; or ``(II) the date on which the provider's direct role in responding to the medical needs resulting from the declared state of emergency ends. ``(3) Report of violations.-- ``(A) Right to report.-- ``(i) In general.--A nurse may file a complaint with the Secretary against a provider of services who violates the provisions of this subsection. ``(ii) Procedure.--The Secretary shall establish a procedure under which a nurse may file a complaint under clause (i). ``(B) Investigation of complaint.--The Secretary shall investigate complaints of violations filed by a nurse under subparagraph (A). ``(C) Actions.--If the Secretary determines that a provider of services has violated the provisions of this subsection, the Secretary shall require the provider to establish a plan of action to eliminate the occurrence of such violation, and may seek civil money penalties under paragraph (7). ``(4) Nurse nondiscrimination protections.-- ``(A) In general.--A provider of services shall not penalize, discriminate, or retaliate in any manner with respect to any aspect of employment, including discharge, promotion, compensation, or terms, conditions, or privileges of employment against a nurse who refuses to work mandatory overtime or who in good faith, individually or in conjunction with another person or persons-- ``(i) reports a violation or suspected violation of this subsection to a public regulatory agency, a private accreditation body, or the management personnel of the provider of services; ``(ii) initiates, cooperates, or otherwise participates in an investigation or proceeding brought by a regulatory agency or private accreditation body concerning matters covered by this subsection; or ``(iii) informs or discusses with other employees, with representatives of those employees, or with representatives of associations of health care professionals, violations or suspected violations of this subsection. ``(B) Retaliatory reporting.--A provider of services may not file a complaint or a report against a nurse with the appropriate State professional disciplinary agency because the nurse refused to comply with a request to work mandatory overtime. ``(C) Good faith.--For purposes of this paragraph, a nurse is deemed to be acting in good faith if the nurse reasonably believes-- ``(i) that the information reported or disclosed is true; and ``(ii) that a violation has occurred or may occur. ``(5) Notice.-- ``(A) Requirement to post notice.--Each provider of services shall post conspicuously in an appropriate location a sign (in a form specified by the Secretary) specifying rights of nurses under this section. ``(B) Right to file complaint.--Such sign shall include a statement that a nurse may file a complaint with the Secretary against a provider of services who violates the provisions of this subsection and information with respect to the manner of filing such a complaint. ``(6) Posting of nurse schedules.--A provider of services shall regularly post in a conspicuous manner the nurse schedules (for such periods of time that the Secretary determines appropriate by type or class of provider of services) for the department or unit involved, and shall make available upon request to nurses assigned to the department or unit the daily nurse schedule for such department or unit. ``(7) Civil money penalty.-- ``(A) In general.--The Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of the provisions of this subsection committed by a provider of services. ``(B) Patterns of violations.--Notwithstanding subparagraph (A), the Secretary shall provide for the imposition of more severe civil money penalties under this paragraph for providers of services that establish patterns of repeated violations of such provisions. ``(C) Administration of penalties.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). The Secretary shall publish on the Internet site of the Department of Health and Human Services the names of providers of services against which civil money penalties have been imposed under this paragraph, the violation for which the penalty was imposed, and such additional information as the Secretary determines appropriate. With respect to a provider of services that has had a change in ownership, as determined by the Secretary, penalties imposed on the provider of services while under previous ownership shall no longer be published by the Secretary on such Internet site after the 1-year period beginning on the date of change in ownership. ``(8) Rule of construction.--Nothing in this subsection shall be construed as precluding a nurse from voluntarily working more than any of the periods of time described in paragraph (1) so long as such work is done consistent with professional standards of safe patient care. ``(9) Definitions.--In this subsection: ``(A) Mandatory overtime.--The term `mandatory overtime' means hours worked in excess of the periods of time described in paragraph (1), except as provided in paragraph (2), pursuant to any request made by a provider of services to a nurse which, if refused or declined by the nurse involved, may result in an adverse employment consequence to the nurse, including discharge, discipline, loss of promotion, or retaliatory reporting of the nurse to the State professional disciplinary agency involved. ``(B) Overtime.--The term `overtime' means time worked in excess of the periods of time described in paragraph (1). ``(C) Nurse.--The term `nurse' means a registered nurse or a licensed practical nurse. ``(D) Provider of services.--The term `provider of services' means-- ``(i) a hospital, ``(ii) a hospital outpatient department, ``(iii) a critical access hospital, ``(iv) an ambulatory surgical center, ``(v) a home health agency, ``(vi) a rehabilitation agency, ``(vii) a clinic, including a rural health clinic, or ``(viii) a Federally qualified health center. ``(E) Declared state of emergency.--The term `declared state of emergency' means an officially designated state of emergency that has been declared by the Federal Government or the head of the appropriate State or local governmental agency having authority to declare that the State, county, municipality, or locality is in a state of emergency, but does not include a state of emergency that results from a labor dispute in the health care industry or consistent understaffing. ``(F) Standards of safe patient care.--The term `standards of safe patient care' means the recognized professional standards governing the profession of the nurse involved.''. (b) Effective Date.--The amendments made by this section shall take effect 1 year after the date of enactment of this Act. SEC. 4. REPORTS. (a) Standards on Safe Working Hours for Nurses.-- (1) Study.--The Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, shall conduct a study to establish appropriate standards for the maximum number of hours that a nurse, who furnishes health care to patients, may work without compromising the safety of such patients. Such standards may vary by provider of service and by department within a provider of services, by duties or functions carried out by nurses, by shift, and by other factors that the Director determines appropriate. The Director may contract with an eligible entity or organization to carry out the study under this paragraph. (2) Report.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under paragraph (1), and shall include recommendations for such appropriate standards of maximum work hours. (b) Report on Mandatory Overtime in Federally Operated Medical Facilities.-- (1) Study.-- (A) In general.--The Director of the Office of Management and Budget shall conduct a study to determine the extent to which federally operated medical facilities have in effect practices and policies with respect to overtime requirements for nurses that are inconsistent with the provisions of section 1866(j) of the Social Security Act, as added by section 3. (B) Federally operated medical facilities defined.--In this subsection, the term ``federally operated medical facilities'' means acute care hospitals, freestanding clinics, and home health care clinics that are operated by the Department of Veterans Affairs, the Department of Defense, or any other department or agency of the United States. (2) Report.--Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a report on the study conducted under paragraph (1) and shall include recommendations for the implementation of policies within federally operated medical facilities with respect to overtime requirements for nurses that are consistent with such section 1866(j), as so added.

Safe Nursing and Patient Care Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act to place limitations on mandatory overtime for nurses, protect nurses against retaliation in any manner with respect to any aspect of employment, and provide for civil money penalties for violations of such provisions.Directs the Secretary of Health and Human Services to study and report to Congress on standards to establish for the maximum number of hours that a nurse may work without compromising the safety of their patients.Requires the Director of the Office of Management and Budget to study and report to Congress on the extent to which federally operated medical facilities have in effect practices and policies with respect to overtime requirements for nurses that are inconsistent with the overtime requirements added by this Act.

To amend title XVIII of the Social Security Act to provide for patient protection by limiting the number of mandatory overtime hours a nurse may be required to work in certain providers of services to which payments are made under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers' Healthcare Benefits and Rehabilitation Enhancement Act of 2007''. SEC. 2. IMPROVEMENTS TO MEDICAL AND DENTAL CARE FOR RECOVERING SERVICE MEMBERS. (a) In General.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1074k the following new section: ``SEC. 1074L. MANAGEMENT OF MEDICAL AND DENTAL CARE FOR RECOVERING SERVICE MEMBERS. ``(a) Medical Care Managers.--(1) The Secretary of Defense shall assign a medical care manager to each recovering service member. ``(2)(A) The duties of the medical care manager shall include the following with respect to the recovering service member: ``(i) To assist in understanding the recovering service member's medical status. ``(ii) To assist in receiving prescribed medical care. ``(iii) To conduct a review, at least once a week, of the recovering service member's medical status. ``(B) The weekly medical status review described in subparagraph (A)(iii) shall be conducted in person with-- ``(i) in the case the recovering service member is not incapacitated, the recovering service member; or ``(ii) in the case the recovering service member is incapacitated-- ``(I) in the case a family member of the recovering service member is available, such family member; or ``(II) in the case a family member of the recovering service member is not available, an independent service member advocate from a veterans service organization. ``(3) Each medical care manager shall not be assigned at any one time to manage more than 17 recovering service members. ``(4)(A) The Secretary of Defense shall establish a standard training and certification program and curriculum for medical care managers. ``(B) Successful completion of the training program and annual certification shall be required before a person may assume the duties of a medical care case manager. ``(b) Caseworkers.--(1) The Secretary of Defense shall assign a caseworker to each recovering service member. ``(2) The duties of a caseworker shall include assisting each such recovering service member and their family members in obtaining all the information necessary for the following: ``(A) The recovery of such recovering service member from an injury or illness. ``(B) The transition of such recovering service member to civilian life or to other duties within the Department of Defense. ``(C) The receipt of benefits to which such recovering service member is entitled under the laws administered by the Secretary of Defense. ``(3) Each caseworker shall not be assigned at any one time to manage more than 34 recovering service members. ``(4)(A) The Secretary of Defense shall establish a standard training and certification program and curriculum for caseworkers. ``(B) Successful completion of the training program and annual certification shall be required before a person may assume the duties of a caseworker. ``(5) Each caseworker shall report to the department-wide Ombudsman Office established by section 3 of the Servicemembers' Healthcare Benefits and Rehabilitation Enhancement Act of 2007. ``(c) Independent Service Member Advocates.--The Secretary of Defense shall work to expand access to veterans service organizations to provide independent service member advocates to recovering service members that-- ``(1) do not report to the Secretary of Defense; ``(2) advise recovering service members on issues related to the medical records and service records of such recovering service members; and ``(3) provide recovering service members with such information as may be necessary for such recovering service members to prepare for reviews by physical evaluation boards. ``(d) Definitions.--In this section: ``(1) The term `family member', with respect to a recovering service member, has the meaning given that term in section 411h(b) of title 37. ``(2) The term `physical disability evaluation system' means the Department of Defense system or process for evaluating the nature of and extent of disabilities affecting members of the armed forces (other than the Coast Guard) and comprised of medical evaluation boards, physical evaluation boards, counseling of members, and final disposition by appropriate personnel authorities, as operated by the Secretaries concerned, and, in the case of the Coast Guard, a similar system or process operated by the Secretary of Homeland Security. ``(3) The term `recovering service member' means a member of the armed forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in medical hold or holdover status, for an injury, illness, or disease incurred or aggravated while on active duty in the armed forces. ``(4) The term `veterans service organization' means any organization organized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1074l. Management of medical and dental care for recovering service members.''. SEC. 3. ESTABLISHMENT OF OMBUDSMAN OFFICE FOR ENTIRE DEPARTMENT OF DEFENSE. (a) Establishment.--The Secretary of Defense shall establish within the Office of the Secretary of Defense a department-wide Ombudsman Office (in this subsection referred to as the ``Ombudsman Office''). (b) Functions.--The functions of the Ombudsman Office established under subsection (a) are-- (1) to provide policy guidance to, and oversight of, the ombudsman offices in the military departments; and (2) to monitor the medical system of the Department of Defense, including the following: (A) The physical disability evaluation system. (B) The caseworkers, medical care managers, and independent advocates described in section 1074l of title 10, United States Code, as added by section 2 of this Act. (C) The condition of health care treatment facilities of the Department of Defense. (D) The transition of care for recovering service members from care provided by the Department of Defense to care provided by the Department of Veterans Affairs. SEC. 4. IMPROVEMENT OF PHYSICAL DISABILITY EVALUATION SYSTEM, SCHEDULE FOR RATING DISABILITIES, AND DISABILITY RETIREMENT EVALUATION. (a) Improvement of Physical Disability Evaluation System.--Section 1222 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Efforts to Improve Speed and Efficiency of Physical Disability Evaluation System.--(1) The Secretary of Defense shall undertake efforts to improve the speed and efficiency of the physical disability evaluation system. ``(2) The Secretary of Defense shall place the physical evaluation boards of each military department under one command to make the physical disability evaluation system more expeditious. ``(3) In this subsection, the term `physical disability evaluation system' means the Department of Defense system or process for evaluating the nature of and extent of disabilities affecting members of the armed forces (other than the Coast Guard) and comprised of medical evaluation boards, physical evaluation boards, counseling of members, and final disposition by appropriate personnel authorities, as operated by the Secretaries concerned, and, in the case of the Coast Guard, a similar system or process operated by the Secretary of Homeland Security.''. (b) Joint Report on Modernization of the Schedule for Rating Disabilities in Use by Department of Veterans Affairs.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a plan to update the schedule for rating disabilities in use by the Department of Veterans Affairs to reflect the effects of mental health disorders, including traumatic brian injury and post-traumatic stress disorder, on the modern workforce. (c) Retirement or Separation for Physical Disability.-- (1) In general.--Chapter 61 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1223. Members with multiple disabilities ``In making a determination under this chapter, the Secretary concerned shall consider all of the disabilities, injuries, illnesses, or disease of a member incurred or aggravated while on active duty and consider the cumulative severity of all of those disabilities, injuries, illnesses, or diseases.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 61 is amended by adding at the end the following new item: ``1223. Members with multiple disabilities.''. (d) Prioritization of Retirement Processing.--The Secretary of Defense shall establish a system for the prioritization of processing the separation of members of the Armed Forces. Such system shall place the highest priority on recovering service members. (e) No Reduction in Disability Rating.--Once a disability rating is assigned by an informal physical evaluation board, the Secretary of Defense may not reduce such rating upon appeal. SEC. 5. ESTABLISHMENT OF MEDICAL RECORD DATABASE. (a) In General.--The Secretary of Defense shall establish a medical record database to track and record the medical status of all members of the Armed Forces. (b) Database Design.--To the extent practicable, the database established under subsection (a) shall be substantially the same as the Computerized Patient Record System of the Department of Veterans Affairs' Veterans Health Information Systems and Technology Architecture (VistA). (c) Access to Department of Defense Medical Record Database by Department of Veterans Affairs.--The Secretary of Defense shall make such system accessible to the Department of Veterans Affairs through the Joint Patient Tracking Application of the Department of Defense. (d) Privacy and Security.--The Secretary of Defense shall-- (1) ensure that the system conforms with all applicable privacy laws; and (2) take appropriate measures to ensure the security of the system. (e) Tracking of Members of the Armed Forces and Veterans With Traumatic Brain Injury.-- (1) Members of the armed forces.--The Secretary of Defense shall use the system established under subsection (a) to track members of the Armed Forces who have been diagnosed with traumatic brain injury. (2) Veterans.--The Secretary of Veterans Affairs shall use the Veterans Health Information Systems and Technology Architecture (VistA) to track veterans who have been diagnosed with traumatic brain injury. SEC. 6. ASSESSING THE MENTAL HEALTH OF MEMBERS OF THE ARMED FORCES BEFORE AND AFTER DEPLOYMENT IN A COMBAT THEATER. (a) In General.--The Secretary of Defense shall assess the mental health of each member of the Armed Forces who is deployed to a combat theater, or who the Secretary expects to deploy to a combat theater, at least once during-- (1) the 240-day period beginning 120 days before the date on which a member is deployed in a combat theater; (2) the 60-day period beginning on the date that such member returns from deployment in a combat theater; and (3) the predischarge physical of such member. (b) Testing of Neurocognitive Functioning.--A mental health assessment provided to a member in accordance with subsection (a)(1) shall test the neurocognitive functioning of such member. (c) Testing for Traumatic Brain Injury.--A mental health assessment provided to a member in accordance with paragraphs (2) and (3) of subsection (a) shall include a comprehensive screening for mild, moderate, and severe cases of traumatic brain injury. SEC. 7. REPORT ON ACCESS TO PRIVATE HEALTH CARE. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report detailing plans to increase the role of eligible private sector rehabilitation providers in the provision of comprehensive post acute inpatient and outpatient rehabilitation by the Department of Veterans Affairs to members and former members of the Armed Forces with traumatic brain injury or post-traumatic stress disorder when the Department is unable to provide such services without the assistance. SEC. 8. NOTIFICATION TO CONGRESS OF HOSPITALIZATION OF COMBAT WOUNDED SERVICE MEMBERS. (a) Notification Required.--Chapter 55 of title 10, United States Code, is further amended by inserting after section 1074l, as added by section 2 of this Act, the following new section: ``Sec. 1074m. Notification to Congress of hospitalization of combat wounded members ``(a) Notification Required.--The Secretary concerned shall provide to the appropriate Members of Congress notification of the hospitalization of any recovering service member (within the meaning of section 1074l(d)(3) of this title) evacuated from a theater of combat to allow such Members of Congress to provide such recovering service member with assistance if necessary. ``(b) Appropriate Members.--In this section, the term `appropriate Members of Congress', with respect to the member of the armed forces about whom notification is being made, means the Senators and the Members of the House of Representatives representing the States or districts, respectively, that include the member's home of record and, if different, the residence of the next of kin, or a different location as provided by the member. ``(c) Consent of Member Required.--The notification under subsection (a) may be provided only with the consent of the member of the armed forces about whom notification is to be made. In the case of a member who is unable to provide consent, information and consent may be provided by next of kin.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1074m. Notification to Congress of hospitalization of combat wounded members.''. SEC. 9. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committees on Armed Services and Veterans' Affairs of the Senate; and (B) the Committees on Armed Services and Veterans' Affairs of the House of Representatives. (2) Physical disability evaluation system.--The term ``physical disability evaluation system'' means the Department of Defense system or process for evaluating the nature of and extent of disabilities affecting members of the Armed Forces (other than the Coast Guard) and comprised of medical evaluation boards, physical evaluation boards, counseling of members, and final disposition by appropriate personnel authorities, as operated by the Secretaries of the military departments, and, in the case of the Coast Guard, a similar system or process operated by the Secretary of Homeland Security. (3) Recovering service member.--The term ``recovering service member'' means a member of the Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in medical hold or holdover status, for an injury, illness, or disease incurred or aggravated while on active duty in the Armed Forces. (4) Combat theater.--The term ``combat theater'' means the geographical area outside the continental United States required by combat and support forces for the conduct of military operations. (5) Neurocognitive.--The term ``neurocognitive'' means of, relating to, or involving the central nervous system and cognitive or information processing abilities (thinking, memory, and reasoning), as well as sensory processing (sight, hearing, touch, taste, and smell), and communication (expression and understanding).

Servicemembers' Healthcare Benefits and Rehabilitation Enhancement Act of 2007 - Directs the Secretary of Defense to: (1) assign a medical care manager and a caseworker to each member of the Armed Forces who is undergoing medical treatment, recuperation, or therapy, or is otherwise in a medical hold or holdover status, for an injury, illness, or disease incurred or aggravated while on active duty (recovering member); and (2) undertake efforts to improve the speed and efficiency of the Department of Defense (DOD) physical disability evaluation system. Requires the Secretary of Veterans Affairs to submit to the congressional defense and veterans' committees a plan to update the disability ratings schedule of the Department of Veterans Affairs (VA) to reflect the effects on the modern workforce of mental health disorders, including traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD). Directs the Secretary of Defense to: (1) establish a system for the prioritization of processing the separation of members; (2) establish a medical record database to track and record the medical status of all members (and make such system accessible to the VA); (3) assess, both before and after, the mental health of each member who is deployed, or is expected to be deployed, to a combat theater; and (4) report, along with the Secretary of Veterans Affairs, on plans to increase the role of private providers in the provision of rehabilitation to members and former members with TBI or PTSD when the VA is unable to provide such services. Requires the: (1) Secretary of the military department concerned to notify the appropriate Members of Congress of the hospitalization of any recovering member evacuated from a theater of combat; and (2) recovering member to consent to such notification.

A bill to amend title 10, United States Code, to improve the management of medical care for members of the Armed Forces, to improve the speed and efficiency of the physical disability evaluation system of the Department of Defense, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Opportunity Zone Family Center Act of 2000''. SEC. 2. COORDINATED SERVICES. Title XI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8401 et seq.) is amended to read as follows: ``TITLE XI--COORDINATED SERVICES ``SEC. 11001. FINDINGS AND PURPOSE. ``(a) Findings.--Congress finds the following: ``(1) Growing numbers of children are harmed by influences outside of the classroom that increase their risk of academic failure. ``(2) Factors such as poor nutrition, unsafe living conditions, physical and sexual abuse, family and gang violence, inadequate health care, unemployment, lack of child care, and substance abuse harm families, and negatively affect a child's ability to learn. ``(3) Parents and other caregivers in today's high-pressure society often face heavy demands on their time that affect their ability to adequately meet all the needs of their children. ``(4) Access to health and social service programs in a school-based or school-linked community service center may make it easier for families to address the basic physical and emotional needs of children and parents. ``(5) Services for families need to be more convenient and less fragmented and duplicative. ``(6) Parents, school personnel, and service providers should have access to services and activities to improve the education, health, mental health, safety and economic well- being of children and their families. ``(7) School personnel, health care providers, mental health care providers, child care providers, juvenile justice workers and other family service providers could be of greater assistance to children and their families if they had access to a single school-based or school-linked community service center. ``(8) Coordinating health and social services with education will help to ensure that children come to school ready to learn. ``(b) Purpose.--The purpose of this title is to encourage eligible partnerships to establish or expand child opportunity zone family centers in or near public elementary and secondary schools in order to provide students and their families better access to coordinated services which improve the education, health, mental health, safety, and economic well-being of students. ``SEC. 11002. COORDINATED SERVICES. ``(a) Program Authorized.--A local educational agency may use not more than 5 percent of the amount of funds made available for transfer under section 14206 and a portion of funds awarded pursuant to a grant under section 11003 for the development, or the implementation or expansion, of a coordinated service project under this section. ``(b) Application.--Each local educational agency desiring to use funds described in subsection (a) to carry out this section shall submit an application to the Secretary at such time, in such manner and accompanied by such information as the Secretary may reasonably require. ``(c) Uses of Funds.--Funds described in subsection (a) may be used to plan, implement, or expand activities which include-- ``(1) hiring a services coordinator; ``(2) making minor renovations to existing buildings; ``(3) purchasing basic operating equipment; ``(4) improving communications and information-sharing among entities participating in the coordinated services project; or ``(5) providing training to teachers and appropriate personnel concerning the role of such teachers and personnel in a coordinated services project. ``SEC. 11003. GRANTS AUTHORIZED. ``(a) In General.--The Secretary may award, on a competitive basis, grants to eligible partnerships to pay for the Federal share of the cost of establishing and expanding child opportunity zone family centers. ``(b) Duration.--The Secretary shall award grants under this section for periods of 5 years. ``SEC. 11004. REQUIRED ACTIVITIES. ``Each eligible partnership receiving a grant under this title shall use the grant funds-- ``(1) in accordance with the needs assessment described in section 11005(b)(1), to provide or link children and their families with information, support, activities, or services in core areas consisting of-- ``(A) education, such as child care and education programs for children below the age of compulsory school attendance, before- and after-school care, and school age enrichment and education support programs; ``(B) health, such as primary care (including prenatal care, well child care, and mental health care), preventative health and safety programs, outreach and referral, screening and health promotion, and enrollment in health insurance programs; and ``(C) family support, such as adult education and literacy programs, welfare-to-work-programs, job training, parenting skills programs, assistance that supports healthy child development, and access to basic needs, including food and housing; ``(2) to provide intensive, high-quality, research-based instructional programs that-- ``(A) provide violence prevention education for families and developmentally appropriate instructional services to children (including children below the age of compulsory school attendance), such as education and services on nonviolent conflict resolution, pro social skills and behaviors, and other skills necessary for effectively relating to others without violence; and ``(B) provide effective strategies for nurturing and supporting the emotional, social, and cognitive growth of children; and ``(3) to provide training, information, and support to families to enable the families to participate effectively in their children's education, and to help their children meet challenging standards, including assisting families to-- ``(A) understand the educational accountability systems, including content standards, performance standards, and local assessments, in place for the State involved, the participating local educational agency, and the participating elementary school or secondary school; ``(B) understand their children's educational needs, their children's educational performance in comparison to State and local standards, and the steps the school is taking to address the children's needs and to help the children meet the standards; and ``(C) communicate effectively with personnel responsible for providing educational services to the families' children, and to participate in the development, amendment, review, and implementation of school-parent compacts, parent involvement policies, and school plans. ``SEC. 11005. APPLICATIONS. ``(a) In General.--Each eligible partnership desiring a grant under this title shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(b) Contents.--Each application submitted pursuant to subsection (a) shall-- ``(1) include a needs assessment, including a description of how the partnership will ensure that the activities to be assisted under this title will be tailored to meet the specific needs of the children and families to be served; ``(2) describe arrangements that have been formalized between the participating elementary school or secondary school, and other partnership members; ``(3) describe how the partnership will effectively coordinate and utilize Federal, State, and local educational agency sources of funding, including funding provided under part I of title X and under the Safe Schools/Healthy Students Initiative (jointly funded by the Departments of Education, Justice, and Health and Human Services), that provide assistance to families and their children in the areas of job training, housing, justice, health, mental health, child care, and social and human services; ``(4) describe the partnership's plan to-- ``(A) develop and carry out the activities assisted under this part with extensive participation of parents, administrators, teachers, pupil services personnel, social and human service agencies, and community organizations and leaders; and ``(B) connect and integrate the activities assisted under this title with the education reform efforts of the participating elementary school or secondary school, and the participating local educational agency; ``(5) describe the partnership's strategy for providing information and assistance in a language and form that families can understand, including how the partnership will ensure that families of students with limited English proficiency, or families of students with disabilities, are effectively involved, informed, and assisted; ``(6) describe how the partnership will collect and analyze data, and will utilize specific performance measures and indicators to-- ``(A) determine the impact of activities assisted under this title as described in section 11008(a); and ``(B) improve the activities assisted under this title; and ``(7) describe how the partnership will protect the privacy of families and their children participating in the activities assisted under this title. ``SEC. 11006. FEDERAL SHARE. ``The Federal share of the cost of establishing and expanding child opportunity zone family centers-- ``(1) for the first year for which an eligible partnership receives assistance under this title shall not exceed 90 percent; ``(2) for the second such year, shall not exceed 80 percent; ``(3) for the third such year, shall not exceed 70 percent; ``(4) for the fourth such year, shall not exceed 60 percent; and ``(5) for the fifth such year, shall not exceed 50 percent. ``SEC. 11007. CONTINUATION OF FUNDING. ``Each eligible partnership that receives a grant under this title shall, after the third year for which the partnership receives funds through the grant, be eligible to continue to receive the funds if the Secretary determines that the partnership has made significant progress in meeting the performance measures used for the partnership's local evaluation under section 11008(a)(4). ``SEC. 11008. EVALUATIONS AND REPORTS. ``(a) Local Evaluations.--Each partnership receiving funds under this title shall conduct annual evaluations and submit to the Secretary reports containing the results of the evaluations. The reports shall include-- ``(1) information on the partnership's activities that are assisted under this title; ``(2) information on the number of families and children served by the partnership's activities that are assisted under this part; ``(3) information on the partnership's effectiveness in reaching and meeting the needs of families and children served under this title, including underserved families, families of students with limited English proficiency, and families of students with disabilities; and ``(4) the results of a partnership's performance assessment of the partnership, including performance measures demonstrating-- ``(A) improvements in student achievement, school readiness, family participation in schools, and access to health care, mental health care, child care, and family support services, resulting from activities assisted under this title; and ``(B) reductions in violence-related problems and risk taking behavior among youth, and reductions in truancy, suspension, and dropout rates, resulting from activities assisted under this title. ``(b) National Evaluations.-- ``(1) In general.--The Secretary shall reserve not more than 3 percent of the amount appropriated under this title to carry out a national evaluation of the activities assisted under this title. Such evaluation shall be completed not later than 3 years after the date of enactment of the Child Opportunity Zone Family Center Act of 2000, and every year thereafter. ``(2) Scope of evaluation.--In conducting the national evaluation, the Secretary shall evaluate the effectiveness and impact of the activities, and identify model activities, assisted under this title. ``(3) Annual reports.--The Secretary shall submit an annual report to Congress, regarding each national evaluation conducted under paragraph (1), that contains the information described in the national evaluation. ``(c) Model Activities.--The Secretary shall broadly disseminate information on model activities developed under this title. ``SEC. 11009. DEFINITIONS. ``For the purpose of this title-- ``(1) the term `coordinated services project' means a comprehensive approach to meeting the educational, health, social service, and other needs of children and their families, including foster children and their foster families, through a communitywide partnership that links public and private agencies providing such services or access to such services through a coordination site at or near a school; and ``(2) Child opportunity zone family center.--The term `child opportunity zone family center' means a school-based or school-linked community service center that provides and links children and their families with comprehensive information, support, services, and activities to improve the education, health, mental health, safety, and economic well-being of the children and their families. ``(3) Eligible partnership.--The term `eligible partnership' means a partnership-- ``(A) that contains-- ``(i) at least 1 elementary school or secondary school that-- ``(I) receives assistance under title I and for which a measure of poverty determination is made under section 1113(a)(5) with respect to a minimum of 40 percent of the children in the school; and ``(II) demonstrates parent involvement and parent support for the partnership's activities; ``(ii) a local educational agency; ``(iii) a public agency, other than a local educational agency, including a local or State department of health and social services; and ``(iv) a nonprofit community-based organization, including a community mental health services organization or a family health center that provides mental health services; and ``(B) that may contain-- ``(i) an institution of higher education; and ``(ii) other public or private nonprofit entities. ``SEC. 11010. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title $50,000,000 for fiscal year 2001, and such sums as may be necessary for each of fiscal years 2002 through 2005.''.

Authorizes the Secretary of Education to award competitive grants to eligible partnerships for the Federal share of costs of establishing and expanding such child opportunity zone family centers. Authorizes appropriations.

Child Opportunity Zone Family Center Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Community Wastewater Treatment Affordability Act of 1994''. SEC. 2. ELIGIBILITY. (a) Acquisition of Lands, Easements, and Rights-of-Ways.--Sections 601(a) and 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1381(a) and 1383(c)) are each amended by inserting before ``(2)'' the following: ``including acquisition of lands, easements, and rights-of- ways necessary for construction of a treatment works,''. (b) Rural Nonprofit Water Association.--Section 603(c)(1) of such Act is amended by inserting ``or any nonprofit corporation eligible for assistance to provide wastewater treatment and water supply services to communities under section 306(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(1))'' after ``State agency''. SEC. 3. CAPITALIZATION GRANT AGREEMENTS. Section 602(b) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting ``; and''; and (3) by adding at the end the following: ``(11) the State will encourage the use of innovative and cost-effective technologies in the construction of treatment works financed with assistance provided from the fund.''. SEC. 4. TYPES OF ASSISTANCE. (a) Loan Program.--Section 603(d)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended-- (1) by inserting before the semicolon at the end of subparagraph (A) the following: ``and such loans are made to rural and disadvantaged communities at or below market interest rates, including interest free loans and negative-interest loans (or the equivalent of such negative-interest loans), at terms not to exceed 40 years or the useful life of the project being financed with the proceeds of the loan, whichever is earlier''; (2) in subparagraph (B) by inserting after ``20 years'' the following: ``and, in the case of loans to rural and disadvantaged communities, at terms not to exceed 40 years or the useful life of the project being financed with the proceeds of the loan, whichever is earlier''; and (3) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and inserting after subparagraph (B) the following: ``(C) not to exceed 15 percent of all loans made from the water pollution control revolving fund after the date of the enactment of this subparagraph will be used to make negative-interest loans to rural and disadvantaged communities under this paragraph;''. (b) Planning Grants to Disadvantaged Communities.--Section 603(d) of such Act is further amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ``; and''; and (3) by adding at the end the following: ``(8) for making grants to rural and disadvantaged communities to pay not to exceed 75 percent of planning and predevelopment costs incurred by such communities with respect to construction or improvement of treatment works without regard to whether or not actual construction of the project is carried out; except that amounts available for making such grants in any fiscal year shall not be less than 1 percent, and shall not exceed 2 percent, of the Federal grant awards to the water pollution control revolving fund in such fiscal year and except that the aggregate amount of such grants with respect to any project shall not exceed $75,000.''. (c) Definitions.--Section 603 of such Act is further amended by adding at the end the following new subsection: ``(i) Definitions.--In this title, the following definitions apply: ``(1) Rural and disadvantaged communities.--The term `rural and disadvantaged communities' means a service area of a publicly owned treatment works as defined by the concerned State. Except as otherwise provided by the Administrator, the term shall not include a service area which has a population of 10,000 or more as determined by the latest decennial census of the United States and the residents of which have a median household income of more than 75 percent of the national median household income as determined by such census. ``(2) Negative interest loan.--The term `negative-interest loan' means a loan made by a State from its water pollution control revolving fund to a rural and disadvantaged community pursuant to section 603(d)(1) under which the interest rate is zero percent per year and, in addition, the State forgives an amount of the principal of the loan not to exceed 2 percent per year but not to exceed a total forgiveness of 20 percent of the principal over the term of the loan.''. SEC. 5. ADMINISTRATIVE COSTS. Section 603(d)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(7)) is amended by striking ``except that'' and all that follows through the period and inserting ``except that in a fiscal year such amount shall not exceed 4 percent of the total amount of funds deposited into the fund in such fiscal year, including Federal and State funds and repayments of principal and interest on loans made from the fund.''. SEC. 6. TECHNICAL ASSISTANCE. (a) Grant Program.--Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381-1387) is amended by adding at the end the following: ``SEC. 608. TECHNICAL ASSISTANCE GRANT PROGRAM. ``(a) In General.--The Administrator may make grants to the National Rural Water Association, the Rural Community Assistance Program, and the Small Flows Clearinghouse and any other appropriately qualified organizations as determined by the Administrator to provide training and technical assistance to rural and disadvantaged communities with respect to the planning, construction, and operation of treatment works. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $15,000,000 per fiscal year for each of fiscal years 1994 through 1998. Such funds shall remain available until expended.''. (b) Conforming Amendment.--Section 607 of such Act (33 U.S.C. 1387) is amended by inserting ``(other than section 608)'' after ``title''.

Rural Community Wastewater Treatment Affordability Act of 1994 - Amends the Federal Water Pollution Control Act to make activities involving the acquisition of lands, easements, and rights-of-way necessary for construction of publicly owned treatment works eligible for assistance from State revolving loan funds (SRFs). Makes certain nonprofit associations and other entities eligible for wastewater treatment and supply services under the Consolidated Farm and Rural Development Act eligible for SRF assistance as well. Adds to the list of conditions that a State must meet to receive a capitalization grant that the State will encourage the use of innovative and cost-effective technologies in the construction of treatment works financed with SRF assistance. Requires loans made from SRFs to be made to rural and disadvantaged communities at or below market interest rates for terms of up to 40 years or the useful life of the project being financed, whichever is earlier. Permits up to 15 percent of all loans made from an SRF to be used for negative-interest loans to rural and disadvantaged communities. Allows SRFs to be used to make grants to such communities for up to 75 percent of planning and predevelopment costs incurred with respect to construction or improvement of treatment works without regard to whether actual construction is carried out. Limits amounts available for grants per fiscal year. Authorizes the Administrator of the Environmental Protection Agency to make grants to the National Rural Water Association, the Rural Community Assistance Program, the Small Flows Clearinghouse, and other qualified organizations to provide training and technical assistance to rural and disadvantaged communities with respect to the planning, construction, and operation of treatment works. Authorizes appropriations.

Rural Community Wastewater Treatment Affordability Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclamation Facility Title Transfer Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Indian tribe.--The term ``Indian tribe'' means an Indian tribe, band, Nation, or other organized group or community that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (2) Project beneficiary.--The term ``project beneficiary'' means 1 or more contractors or other persons or entities that receive a direct benefit under 1 or more of the authorized purposes for a reclamation facility. (3) Reclamation facility.-- (A) In general.--The term ``reclamation facility'' means any single-purpose or multipurpose structure, reservoir, impoundment, ditch, canal, pumping station, or other facility for the storage, diversion, distribution, or conveyance of water-- (i) that is-- (I) authorized by Federal reclamation law; and (II) constructed by the United States under that law; (ii) for which the United States holds title; and (iii) for which any non-Federal construction repayment obligations, as applicable, have been fulfilled. (B) Inclusions.--The term ``reclamation facility'' includes any land that is appurtenant to, and any administrative buildings associated with, a reclamation facility. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (5) Stakeholder.--The term ``stakeholder'' means-- (A) a project beneficiary; and (B) any person that-- (i) receives an indirect benefit from a reclamation facility; or (ii) may be particularly affected by any transfer of title to a reclamation facility. SEC. 3. TITLE TRANSFER. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish criteria for the transfer of title to reclamation facilities from the United States to project beneficiaries or an entity approved by project beneficiaries. (b) Inclusions.--The criteria established under subsection (a) shall include-- (1) criteria requiring that-- (A) project beneficiaries (or an entity approved by the project beneficiaries) be willing to have title to a reclamation facility transferred to the project beneficiaries; (B) if the project beneficiaries have not yet assumed operations, maintenance, and rehabilitation of the applicable reclamation facility, the project beneficiaries be capable of assuming operations, maintenance, and rehabilitation of the reclamation facility; (C) if there are multiple project beneficiaries, there is an agreement among multiple project beneficiaries relating to the transfer of title to a reclamation facility; and (D) project beneficiaries be willing to assume any liability associated with the reclamation facility for which title is proposed to be transferred; (2) criteria requiring an assessment by the Secretary of-- (A) any effects that the transfer of title would have on the ability of the Federal Government to carry out the trust responsibility of the Federal Government with respect to any Indian tribe; (B) the cost savings to the United States if title to a reclamation facility is transferred; (C) the interest of the project beneficiaries in owning the reclamation facility; (D) any environmental considerations associated with the transfer of title to a reclamation facility; (E) whether stakeholders will be adversely impacted by the transfer; (F) the ability of project beneficiaries to meet financial obligations associated with a reclamation facility, including-- (i) transactional costs; and (ii) costs associated with meeting the compliance requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (G) any legal considerations associated with the transfer of title to a reclamation facility, including any Federal, State, tribal, and local laws, international treaties, and interstate compacts that apply to the transfer of title of a reclamation facility to project beneficiaries; and (H) the willingness and ability of project beneficiaries to fulfill any legal obligations associated with receiving title to a reclamation facility, including compliance with any Federal, State, tribal, and local laws, international treaties, and interstate compacts that apply to the transfer of title of a reclamation facility to project beneficiaries; (3) procedures for-- (A) soliciting stakeholder involvement in the transfer of title to a reclamation facility; and (B) involving appropriate Federal, State, and local entities in evaluating and carrying out the transfer of title to a reclamation facility; (4) the requirement that the Secretary prepare a comprehensive list of any items that need to be accomplished before the transfer of title to a reclamation facility; (5) procedures to allow the Secretary to address real property and cultural and historic preservation issues in a more efficient manner; and (6) any other criteria that the Secretary determines to be appropriate. (c) Use of Existing Criteria.--For purposes of establishing the criteria under subsection (a), the Secretary shall, to the maximum extent practicable and consistent with this Act, incorporate any applicable criteria that are in existence on the date of enactment of this Act, including the criteria for the transfer of title to uncomplicated projects described in the Bureau of Reclamation document entitled ``Framework for the Transfer of Title: Bureau of Reclamation Projects'' and dated August 7, 1995. SEC. 4. REPORT. Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that includes any recommendations of the Secretary with respect to which reclamation facilities may be appropriate for transfer in accordance with the criteria established under section 3(a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $2,000,000 for the period of fiscal years 2007 through 2010. SEC. 6. TERMINATION OF AUTHORITY. The authority of the Secretary to carry out this Act terminates on the date that is 5 years after the date of enactment of this Act.

Reclamation Facility Title Transfer Act of 2006 - Directs the Secretary of the Interior, acting through the Commissioner of Reclamation, to: (1) establish criteria for the transfer of title to reclamation facilities from the United States to project beneficiaries (or an entity approved by such beneficiaries); and (2) recommend facilities that may be appropriate for transfer in accordance with such criteria. Requires that such criteria include: (1) requirements that beneficiaries be willing to have title transferred to them, be capable of assuming facility operations, maintenance, and rehabilitation, and be willing to assume liability for such facilities; (2) a requirement for an assessment by the Secretary of effects of the transfer on the government's ability to carry out its Indian tribal trust responsibility, costs savings to the United States, legal and environmental considerations, adverse impacts on stakeholders, and the beneficiaries' interest in owning the facility, ability to meet financial obligations, and willingness and ability to fulfill legal obligations; (3) procedures for soliciting stakeholder involvement and for involving appropriate federal, state, and local entities in evaluating and carrying out the transfer; (4) a requirement that the Secretary prepare a comprehensive list of items that need to be accomplished before the transfer; and (5) procedures to allow the Secretary to address real property and cultural and historic preservation issues in a more efficient manner. Directs the Secretary to incorporate any existing applicable criteria.

A bill to direct the Secretary of the Interior to establish criteria to transfer title to reclamation facilities, and for other purposes.

SECTION 1. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE INDIVIDUALS AND PBGC RECIPIENTS. (a) ERISA Amendments.--Section 602(2)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)) is amended-- (1) by moving clause (v) to after clause (iv) and before the flush left sentence beginning with ``In the case of a qualified beneficiary''; (2) by striking ``In the case of a qualified beneficiary'' and inserting the following: ``(vi) Special rule for disability.--In the case of a qualified beneficiary''; and (3) by redesignating clauses (v) and (vi), as amended by paragraphs (1) and (2), as clauses (viii) and (ix) and by inserting after clause (iv) the following new clauses: ``(v) Special rule for pbgc recipients.--In the case of a qualifying event described in section 603(2) with respect to a covered employee who (as of such qualifying event) has a nonforfeitable right to a benefit any portion of which is to be paid by the Pension Benefit Guaranty Corporation under title IV, notwithstanding clause (i) or (ii), the date of the death of the covered employee, or in the case of the surviving spouse or dependent children of the covered employee, 36 months after the date of the death of the covered employee. ``(vi) Special rule for taa-eligible individuals.--In the case of a qualifying event described in section 603(2) with respect to a covered employee who is (as of the date that the period of coverage would, but for this clause or clause (vii), otherwise terminate under clause (i) or (ii)) a TAA-eligible individual (as defined in section 605(b)(4)(B)), the period of coverage shall not terminate by reason of clause (i) or (ii), as the case may be, before the later of the date specified in such clause or the date on which such individual ceases to be such a TAA- eligible individual. ``(vii) Special rule for certain taa- eligible individuals.--In the case of a qualifying event described in section 603(2) with respect to a covered employee who is (as of the date that the period of coverage would, but for this clause or clause (vi), otherwise terminate under clause (i) or (ii)) a TAA- eligible individual (as defined in section 605(b)(4)(B)) and who (as of such qualifying event) has attained age 55 or has completed 10 or more years of service with the employer, clauses (i) and (ii) shall not apply.''. (b) IRC Amendments.--Clause (i) of section 4980B(f)(2)(B) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``In the case of a qualified beneficiary'' and inserting the following: ``(VI) Special rule for disability.--In the case of a qualified beneficiary'', and (2) by redesignating subclauses (V) and (VI), as amended by paragraph (1), as subclauses (VIII) and (IX) and by inserting after clause (IV) the following new subclauses: ``(V) Special rule for pbgc recipients.--In the case of a qualifying event described in paragraph (3)(B) with respect to a covered employee who (as of such qualifying event) has a nonforfeitable right to a benefit any portion of which is to be paid by the Pension Benefit Guaranty Corporation under title IV of the Employee Retirement Income Security Act of 1974, notwithstanding subclause (I) or (II), the date of the death of the covered employee, or in the case of the surviving spouse or dependent children of the covered employee, 36 months after the date of the death of the covered employee. ``(VI) Special rule for taa- eligible individuals.--In the case of a qualifying event described in paragraph (3)(B) with respect to a covered employee who is (as of the date that the period of coverage would, but for this subclause or subclause (VII), otherwise terminate under subclause (I) or (II)) a TAA-eligible individual (as defined in paragraph (5)(C)(iv)(II)), the period of coverage shall not terminate by reason of subclause (I) or (II), as the case may be, before the later of the date specified in such subclause or the date on which such individual ceases to be such a TAA- eligible individual. ``(VII) Special rule for certain taa-eligible individuals.--In the case of a qualifying event described in paragraph (3)(B) with respect to a covered employee who is (as of the date that the period of coverage would, but for this subclause or subclause (VI), otherwise terminate under subclause (I) or (II)) a TAA-eligible individual (as defined in paragraph (5)(C)(iv)(II)) and who (as of such qualifying event) has attained age 55 or has completed 10 or more years of service with the employer, subclauses (I) and (II) shall not apply.''. (c) PHSA Amendments.--Section 2202(2)(A) of the Public Health Service Act (42 U.S.C. 300bb-2(2)(A)) is amended-- (1) by striking ``In the case of a qualified beneficiary'' and inserting the following: ``(v) Special rule for disability.--In the case of a qualified beneficiary''; and (2) by redesignating clauses (iv) and (v), as amended by paragraph (1), as clauses (vi) and (vii) and by inserting after clause (iii) the following new clauses: ``(iv) Special rule for taa-eligible individuals.--In the case of a qualifying event described in section 2203(2) with respect to a covered employee who is (as of the date that the period of coverage would, but for this clause or clause (v), otherwise terminate under clause (i) or (ii)) a TAA-eligible individual (as defined in section 2205(b)(4)(B)), the period of coverage shall not terminate by reason of clause (i) or (ii), as the case may be, before the later of the date specified in such clause or the date on which such individual ceases to be such a TAA-eligible individual. ``(v) Special rule for certain taa-eligible individuals.--In the case of a qualifying event described in section 2203(2) with respect to a covered employee who is (as of the date that the period of coverage would, but for this clause or clause (iv), otherwise terminate under clause (i) or (ii)) a TAA-eligible individual (as defined in section 2205(b)(4)(B)) and who (as of such qualifying event) has attained age 55 or has completed 10 or more years of service with the employer, clauses (i) and (ii) shall not apply.''. (d) Effective Date.--The amendments made by this section shall apply to periods of coverage which would (without regard to the amendments made by this section) end on or after January 1, 2008.

Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code, and the Public Health Service Act to extend the continuation of group health care benefits as provided by the Consolidated Omnibus Budget Reconciliation Act (COBRA) to certain recipients of benefits paid by the Pension Benefit Guaranty Corporation (PBGC) and to individuals eligible for trade adjustment assistance (TAA) benefits.

To amend title I of the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and title XXII of the Public Health Service Act to extend COBRA benefits for certain TAA-eligible individuals and PBGC recipients.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent Trafficking in Cultural Property Act''. SEC. 2. DEFINITION. In this Act, the term ``cultural property'' includes property covered under-- (1) Article 1 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on May 14, 1954 (Treaty Doc. 106-1(A)) (commonly referred to as the ``Hague Convention''); or (2) Article 1 of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, done at Paris November 14, 1970. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to-- (1) ensure the components of the Department of Homeland Security enhance and unify efforts to-- (A) interdict, detain, seize, and investigate cultural property illegally imported into the United States; (B) disrupt and dismantle smuggling and trafficking networks and transnational criminal organizations engaged in, conspiring to engage in, or facilitating illegal trade in cultural property, including stolen antiquities used to finance terrorism; and (C) support offices of United States Attorneys in prosecuting persons engaged in, conspiring to engage in, or facilitating illegal trade in cultural property; and (2) protect cultural property pursuant to its obligations under the Convention for the Protection of Cultural Property in the Event of Armed Conflict, the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, and the Convention on Cultural Property Implementation Act (19 U.S.C. 2601 et seq.). SEC. 4. ACTIVITIES OF THE DEPARTMENT OF HOMELAND SECURITY. The Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement shall-- (1) designate a principal coordinator within U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, respectively, to direct, manage, coordinate, and update their respective policies and procedures, as well as conduct interagency communications, regarding illegally imported cultural property; (2) update existing directives, regulations, rules, and memoranda of understanding of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, respectively, and, if necessary, devise additional directives, regulations, rules, and memoranda of understanding, relating to policies and procedures on the illegal importation of cultural property in order to-- (A) reflect changes in cultural property law, including changes and updates to relevant treaties, bilateral agreements, statutes, regulations, and case law that occurred subsequent to Customs Directive No. 5230-015, entitled ``Customs Directive on Detention and Seizure of Cultural Property'' and dated April 18, 1991; (B) emphasize investigating, and providing support for investigations and prosecutions, of persons engaged in, conspiring to engage in, or facilitating the illegal importation of cultural property, including smugglers, dealers, buyers, money launderers, and any other appropriate parties; and (C) provide for communication and coordination between relevant offices of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, respectively, in investigating and supporting prosecutions of persons engaged in, conspiring to engage in, or facilitating the illegal importation of cultural property; and (3) ensure relevant personnel within U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, respectively, receive sufficient training in-- (A) relevant cultural property laws; (B) the identification of cultural property that is at greatest risk of looting and trafficking; and (C) methods of interdiction and investigative techniques specifically related to illegal trade in cultural property. SEC. 5. ROLE OF THE SMITHSONIAN INSTITUTION. The Secretary of Homeland Security shall ensure that the heads of all components of the Department of Homeland Security involved in cultural property protection activities are authorized to enter into agreements or memoranda of understanding with the Smithsonian Institution to temporarily engage personnel from the Smithsonian Institution for the purposes of furthering such cultural property protection activities. SEC. 6. REPORT. Not later than 1 year after the date of the enactment of this Act and 3 years thereafter, the Commissioner of U.S. Customs and Border Protection and the Commissioner of U.S. Immigration and Customs Enforcement shall jointly submit to the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives and the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate a report on-- (1) the progress of the implementation of this Act; and (2) other actions to enhance and unify efforts to interdict, detain, seize, and investigate cultural property illegally imported into the United States, and investigate, disrupt, and dismantle smuggling and trafficking networks engaged in, conspiring to engage in, or facilitating the illegal importation of cultural property.

Prevent Trafficking in Cultural Property Act This bill declares that it is U.S. policy to: (1) ensure that Department of Homeland Security (DHS) components enhance and unify their efforts to interdict, detain, seize, and investigate cultural property illegally imported into the United States, disrupt and dismantle smuggling and trafficking networks engaged in or facilitating illegal trade in cultural property, and support prosecutions of persons engaged in such illegal trade; and (2) protect cultural property pursuant to obligations under international conventions. It directs the U.S. Customs and Border Protection (CBP) and the U.S. Immigration and Customs Enforcement (ICE) to: (1) designate a principal coordinator to direct, manage, coordinate, and update policies and procedures, and conduct interagency communications, regarding illegally imported cultural property; (2) update and devise directives, regulations, rules, and memoranda of understanding relating to policies and procedures on the illegal importation of cultural property; and (3) train relevant personnel on cultural property laws, identification of at-risk items, and investigative techniques with respect to illegally traded cultural property. DHS must authorize relevant component heads to enter into agreements or memoranda of understanding with the Smithsonian Institution to further activities to protect cultural property. The CBP and ICE must jointly report to Congress on implementation of this bill and other actions to prevent the illegal importation of cultural property into the United States.

Prevent Trafficking in Cultural Property Act

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the New Bedford National Historic Landmark District and associated historic sites, including the Schooner Ernestina, are National Historic Landmarks and are listed on the National Register of Historic Places as historic sites associated with the history of whaling in the United States; (2) the city of New Bedford was the 19th century capital of the world's whaling industry and retains significant architectural features, archival materials, and museum collections illustrative of this period; (3) New Bedford's historic resources provide opportunities for illustrating and interpreting the whaling industry's contribution to the economic, social, and environmental history of the United States and provide opportunities for public use and enjoyment; and (4) the National Park System presently contains no sites commemorating whaling and its contribution to American history. (b) Purposes.--The purposes of this Act are-- (1) to preserve, protect, and interpret the resources that comprise the New Bedford Whaling National Historical Park, including its architecture, setting, and associated archival and museum collections; (2) to collaborate with the city of New Bedford and with local historical, cultural, and preservation organizations to further the purposes of the park; and (3) to provide opportunities for the inspirational benefit and education of the American people. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) The term ``park'' means the New Bedford Whaling National Historical Park established by section 3. (2) The term ``Secretary'' means the Secretary of the Interior. SEC. 3. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK. (a) Establishment.--In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain districts, structures, and relics located in New Bedford, Massachusetts, and associated with the history of whaling and related social and economic themes in America, there is established the New Bedford Whaling National Historical Park. (b) Boundaries.--(1) The boundaries of the park shall be those generally depicted on the map entitled ``Proposed Park Boundaries (Map 4)'', in the document published by the National Park Service entitled ``Special Resource Study, New Bedford, Massachusetts'', dated November 1993. Such map will be on file and available for public inspection in the appropriate offices of the National Park Service. The boundaries shall include the following: (A) The area included within the New Bedford National Historic Landmark District, known as the Bedford Landing Waterfront Historic District, as listed within the National Register of Historic Places and in the Massachusetts State Register of Historic Places. (B) The National Historic Landmark Schooner Ernestina, with its home port in New Bedford. (C) The land along the eastern boundary of the New Bedford National Historic Landmark District over to the east side of MacArthur Drive from the Route 6 overpass on the north to an extension of School Street on the south. (D) The land north of Elm Street in New Bedford, bounded by Acushnet Avenue on the west, Route 6 (ramps) on the north, MacArthur Drive on the east, and Elm Street on the south. (2) In addition to these sites, areas and relics, the Secretary may assist in the interpretation and preservation of the following: (A) The southwest corner of the State Pier. (B) Waterfront Park, immediately south of land adjacent to the State Pier. (C) The Rotch-Jones-Duff House and Garden Museum, located at 396 County Street. (D) The Wharfinger Building, located on Piers 3 and 4. (E) The Bourne Counting House, located on Merrill's Wharf. SEC. 4. ADMINISTRATION OF PARK. (a) In General.--The park shall also be administered by the Secretary in accordance with this Act and in accordance with the provisions of law generally applicable to units of the national park system, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). (b) Cooperative Agreements.--The Secretary may consult and enter into cooperative agreements with the New Bedford National Park Citizens' Partnership and other interested entities and individuals to provide for appropriate activities related to the preservation, development, interpretation, and use of the park. (c) Acquisition of Real and Personal Property and Services.--The Secretary may acquire by donation, exchange, lease or purchase with donated or appropriated funds personal property and lands and improvements in New Bedford, Massachusetts, for the purposes of the park. (d) Other Property, Funds, and Services.--The Secretary may accept and use donated funds, property, and services to carry out this Act. SEC. 5. GENERAL MANAGEMENT PLAN. Not later than the end of the second fiscal year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a general management plan for the park, and shall implement such plan. The plan shall be prepared in accordance with section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)), and other applicable law. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.

Establishes the New Bedford Whaling National Historical Park in New Bedford, Massachusetts. Requires the Secretary of the Interior to submit to specified congressional committees a general management plan for the Park and to implement such plan. Authorizes appropriations.

A bill to establish the New Bedford Whaling National Historical Park in New Bedford, Massachussetts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Energy Security Trust Fund Act of 2007''. SEC. 2. TAX ON CARBON DIOXIDE CONTENT OF CERTAIN SUBSTANCES. (a) In General.--Chapter 38 of the Internal Revenue Code of 1986 (relating to environmental taxes) is amended by adding at the end thereof the following new subchapter: ``Subchapter E--Tax on Carbon Dioxide Content of Certain Substances ``Sec. 4691. Imposition of tax. ``Sec. 4692. Refunds or credits. ``Sec. 4693. Definitions and special rules. ``SEC. 4691. IMPOSITION OF TAX. ``(a) In General.--There is hereby imposed a tax on any taxable carbon substance sold by the manufacturer, producer, or importer thereof. ``(b) Amount of Tax.-- ``(1) In general.--The amount of tax imposed by subsection (a) on any taxable carbon substance shall be the applicable amount per ton of carbon dioxide content of such substance, as determined by the Secretary in consultation with the Secretary of Energy. ``(2) Fractional part of ton.--In the case of a fraction of a ton, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on a whole ton. ``(3) Applicable amount.--For purposes of paragraph (1)-- ``(A) Calendar year 2008.--The applicable amount for calender year 2008 is $15. ``(B) Years after 2008.--For a calendar year after 2008, the applicable amount is the product of-- ``(i) the amount in effect under this paragraph for the preceding calendar year, ``(ii) 1.1, and ``(iii) 1 plus the cost of living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. ``(c) Substance Taxed Only Once.--No tax shall be imposed by subsection (a) with respect to a taxable carbon substance if the person who would be liable for such tax establishes that a prior tax imposed by such section has been imposed with respect to such product. ``SEC. 4692. REFUNDS OR CREDITS. ``(a) Sequestered Carbon.--Under regulations prescribed by the Secretary, if a person uses a taxable carbon substance as a feedstock so that the carbon associated with such substance will not be emitted, then an amount equal to the amount of tax in effect under section 4691(b) with respect to such substance for the calendar year in which such use begins shall be allowed as a credit or refund (without interest) to such person in the same manner as if it were an overpayment of tax imposed by section 4691. ``(b) Offset Projects.-- ``(1) In general.--Under regulations prescribed by the Secretary, if a person carries out a qualified offset project, then an amount equal to the amount of tax in effect under section 4691(b) with respect to such substance for the calendar year in which such project is completed shall be allowed as a credit or refund (without interest) to such person in the same manner as if it were an overpayment of tax imposed by section 4691. ``(2) Qualified offset project.--For purposes of paragraph (1), the term `qualified offset project' means a project carried out in the United States that-- ``(A) reduces greenhouse gas emissions, ``(B) sequesters a greenhouse gas, or ``(C) destroys hydrofluorocarbons. ``(3) Exception.--Such term does not include a project that involves enhanced oil recovery. ``(c) Previously Taxed Carbon Substances Used to Make Another Taxable Carbon Substance.--Under regulations prescribed by the Secretary, if-- ``(1) a tax under section 4691 was paid with respect to any taxable carbon substance, and ``(2) such substance was used by any person in the manufacture or production of any other substance which is a taxable carbon substance, then an amount equal to the tax so paid shall be allowed as a credit or refund (without interest) to such person in the same manner as if it were an overpayment of tax imposed by subsection (a). In any case to which this paragraph applies, the amount of any such credit or refund shall not exceed the amount of tax imposed by subsection (a) on the other taxable fuel manufactured or produced (or which would have been imposed by such subsection on such other fuel but for subsection (c)). ``(d) Exemption for Exports.-- ``(1) Tax-free sales.-- ``(A) In general.--No tax shall be imposed under subsection (a) on the sale by the manufacturer or producer of any taxable carbon substance for export or for resale by the purchaser to a second purchaser for export. ``(B) Proof of export required.--Rules similar to the rules of section 4221(b) shall apply for purposes of subparagraph (A). ``(2) Credit or refund where tax paid.-- ``(A) In general.--Except as provided in subparagraph (B), if-- ``(i) tax under subsection (a) was paid with respect to any taxable carbon substance, and ``(ii)(I) such substance was exported by any person, or ``(II) such substance was used as a material in the manufacture or production of a taxable carbon substance which was exported by any person and which, at the time of export, was a taxable carbon substance, credit or refund (without interest) of such tax shall be allowed or made to the person who paid such tax. ``(B) Condition to allowance.--No credit or refund shall be allowed or made under subparagraph (A) unless the person who paid the tax establishes that he-- ``(i) has repaid or agreed to repay the amount of the tax to the person who exported the taxable carbon substance, or ``(ii) has obtained the written consent of such exporter to the allowance of the credit or the making of the refund. ``(C) Refunds directly to exporter.--The Secretary shall provide, in regulations, the circumstances under which a credit or refund (without interest) of the tax under subsection (a) shall be allowed or made to the person who exported the taxable carbon substance, where-- ``(i) the person who paid the tax waives his claim to the amount of such credit or refund, and ``(ii) the person exporting the taxable carbon substance provides such information as the Secretary may require in such regulations. ``(3) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection. ``SEC. 4693. DEFINITIONS AND SPECIAL RULES. ``(a) Definitions.--For purposes of this subchapter-- ``(1) Taxable carbon substance.--The term `taxable carbon substance' means-- ``(A) coal (including lignite and peat), ``(B) petroleum and any petroleum product (as defined in section 4612(a)(3)), and ``(C) natural gas, which is extracted, manufactured, or produced in the United States or entered into the United States for consumption, use, or warehousing. ``(2) United states.--The term `United States' has the meaning given such term by section 4612(a)(4). ``(3) Importer.--The term `importer' means the person entering the taxable carbon substance for consumption, use, or warehousing. ``(4) Ton.--The term `ton' means 2,000 pounds. In the case of any taxable carbon substance which is a gas, the term `ton' means the amount of such gas in cubic feet which is the equivalent of 2,000 pounds on a molecular weight basis. ``(b) Use Treated as Sale.--If any person manufactures, produces, or imports any taxable carbon substance and uses such substance, then such person shall be liable for tax under section 4691 in the same manner as if such substance were sold by such person. ``(c) Special Rules for Inventory Exchanges.-- ``(1) In general.--Except as provided in this paragraph, in any case in which a manufacturer, producer, or importer of a taxable carbon substance exchanges such substance as part of an inventory exchange with another person-- ``(A) such exchange shall not be treated as a sale, and ``(B) such other person shall, for purposes of section 4691, be treated as the manufacturer, producer, or importer of such substance. ``(2) Registration requirement.--Paragraph (1) shall not apply to any inventory exchange unless-- ``(A) both parties are registered with the Secretary as manufacturers, producers, or importers of taxable carbon substances, and ``(B) the person receiving the taxable carbon substance has, at such time as the Secretary may prescribe, notified the manufacturer, producer, or importer of such person's registration number and the internal revenue district in which such person is registered. ``(3) Inventory exchange.--For purposes of this subsection, the term `inventory exchange' means any exchange in which 2 persons exchange property which is, in the hands of each person, property described in section 1221(a)(1).''. (b) Establishment of America's Energy Security Trust Fund.-- Subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following: ``SEC. 9511. AMERICA'S ENERGY SECURITY TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as `America's Energy Security Trust Fund' (referred to in this section as the `Trust Fund'), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There is hereby appropriated to the Trust Fund an amount equivalent to the increase in revenues received in the Treasury as the result of the tax imposed under section 4691. ``(c) Distribution of Amounts in Trust Fund.--Amounts in the Trust Fund equivalent to the taxes received in the Treasury under section 4691 for a calendar year shall be available without further appropriation, as follows: ``(1) First, the lesser of \1/6\ of such amount or $10,000,000,000 shall be available for a tax credit for research, development, or investment into clean energy technology. ``(2) Second, the affected industry transition assistance amount shall be available for transition assistance to industries negatively affected by this Act, as determined by the Secretary of the Treasury in consultation with the Secretary of Labor. ``(3) Third, the amount remaining after the application of paragraphs (1) and (2) shall be available for payroll tax relief under rebate paid under section 36. ``(d) Affected Industry Transition Assistance Amount.--For purposes of subsection (c)(2), the affected industry transition assistance amount is the amount determined as follows: ``(1) For calendar year 2008, \1/12\ of the amount in the Trust Fund equivalent to the taxes received in the Treasury under section 4691 for calendar year 2008, determined after the application of subsection (c)(1). ``(2) For calendar year 2009, \9/10\ of the amount made available under paragraph (1) for calendar year 2008. ``(3) For calendar year 2010, \4/5\ of the amount made available under paragraph (1) for calendar year 2008. ``(4) For calendar year 2011, \7/10\ of the amount made available under paragraph (1) for calendar year 2008. ``(5) For calendar year 2012, \3/5\ of the amount made available under paragraph (1) for calendar year 2008. ``(6) For calendar year 2013, \1/2\ of the amount made available under paragraph (1) for calendar year 2008. ``(7) For calendar year 2014, \2/5\ of the amount made available under paragraph (1) for calendar year 2008. ``(8) For calendar year 2015, \3/10\ of the amount made available under paragraph (1) for calendar year 2008. ``(9) For calendar year 2016, \1/5\ of the amount made available under paragraph (1) for calendar year 2008. ``(10) For calendar year 2017, \1/10\ of the amount made available under paragraph (1) for calendar year 2008. ``(11) For calendar years after 2017, zero.''. (c) Clerical Amendments.-- (1) The table of subchapters for chapter 38 of such Code is amended by adding at the end thereof the following new item: ``subchapter e. tax on carbon dioxide content of certain substances.''. (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following: ``Sec. 9511. Taxable Carbon Substances Trust Fund.''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2008. SEC. 3. CARBON TAX REBATE OF PAYROLL TAX. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and inserting after section 35 the following new section: ``SEC. 36. CARBON TAX REBATE OF PAYROLL TAX. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the carbon tax rebate. ``(b) Carbon Tax Rebate.-- ``(1) In general.--For purposes of this section, the term `carbon tax rebate' means with respect to a taxable year the individual's share of the amount determined by the Secretary on a per capita basis to be the amount available under section 9511(c)(3) for the calendar year in which or with which the taxable year begins. ``(2) Determination based on estimates.--The determination under paragraph (1) shall be made on the basis of estimates by the Secretary, and proper adjustments shall be made in amounts available under section 9511(c)(3) for the succeeding taxable year to the extent prior estimates were in excess of or less than the amounts actually available under such section for the prior taxable year. ``(c) Limitation Based on Payroll Taxes Paid and Social Security Benefits.-- ``(1) In general.--The amount allowed as a credit under subsection (a) with respect to any individual for a taxable year shall not exceed the greater of-- ``(A) the total amount of taxes paid with respect to such individual for such taxable year under section 1401 and chapters 21 and 22, determined after taking into account any refund under section 31(b) and 6413(c), or ``(B) 10 percent of the aggregate amount of social security benefits (within the meaning of section 86(d)) received by such individual for the taxable year. ``(2) Special rule for social security benefits received for less than 12 months.--For purposes of paragraph (1)(B), if Social Security benefits (as so defined) were not received for each month in the taxable year, such benefits shall be annualized by multiplying the Social Security benefits received by 12 and dividing the result by the number of months in such taxable year for which such benefits were received. ``(d) Denial of Credit to Dependents.--No credit shall be allowed under subsection (a) to an individual for such individual's taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 36 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 36 as section 37 and inserting after section 35 the following new section: ``Sec. 36. Carbon tax rebate of payroll tax. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. STUDY OF TAXATION OF NON-CARBON GREENHOUSE GASES. (a) In General.--The Secretary of the Treasury, in consultation with the Secretary of Energy shall conduct a study of the best methods to assess and collect tax on non-carbon greenhouse gases similar to the tax imposed by section 4691 of the Internal Revenue Code of 1986 (as added by this Act). (b) Report.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the Congress the findings of the report required under subsection (a) together with such legislative recommendations as the Secretary determine appropriate for the assessment and collection of such tax. SEC. 5. SENSE OF CONGRESS THAT OTHER NATIONS WILL JOIN WITH THE UNITED STATES IN REDUCING GREENHOUSE GAS EMISSIONS. It is the sense of Congress that the major greenhouse gas emitting countries join with the United States in reducing greenhouse gas emissions.

America's Energy Security Trust Fund Act of 2007 - Amends the Internal Revenue Code to impose an excise tax on any taxable carbon substance sold by a manufacturer, producer, or importer. Defines "taxable carbon substance" as: (1) coal (including lignite and peat); (2) petroleum and any petroleum products; and (3) natural gas that is extracted, manufactured, or produced in the United States, or entered into the United States for consumption, use, or warehousing. Establishes in the Treasury the America's Energy Security Trust Fund to finance research in clean energy technology, assist industries negatively affected by this Act, and provide carbon tax rebates to individual taxpayers. Allows individual taxpayers a tax credit equal to carbon tax rebate amounts calculated by the Secretary of the Treasury. Directs the Secretary of the Treasury to study and report to Congress on the best methods to assess and collect taxes on non-carbon greenhouse gases. Expresses the sense of Congress that the major greenhouse gas emitting countries should join with the United States in reducing greenhouse gas emissions.

To amend the Internal Revenue Code of 1986 to reduce carbon dioxide emissions in the United States domestic energy supply.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulation Moratorium and Jobs Preservation Act of 2011''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``agency'' has the meaning given under section 3502(1) of title 44, United States Code; (2) the term ``regulatory action'' means any substantive action by an agency that promulgates or is expected to lead to the promulgation of a final regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking; (3) the term ``significant regulatory action'' means any regulatory action that is likely to result in a rule or guidance that may-- (A) have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, small entities, or State, local, or tribal governments or communities; (B) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (C) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (D) raise novel legal or policy issues; and (4) the term ``small entities'' has the meaning given under section 601(6) of title 5, United States Code. SEC. 3. SIGNIFICANT REGULATORY ACTIONS. (a) In General.--No agency may take any significant regulatory action, until the Bureau of Labor Statistics average of monthly unemployment rates for any quarter beginning after the date of enactment of this Act is equal to or less than 7.7 percent. (b) Determination.--The Secretary of Labor shall submit a report to the Director of the Office of Management and Budget whenever the Secretary determines that the Bureau of Labor Statistics average of monthly unemployment rates for any quarter beginning after the date of enactment of this Act is equal to or less than 7.7 percent. SEC. 4. WAIVERS. (a) National Security or National Emergency.--The President may waive the application of section 3 to any significant regulatory action, if the President-- (1) determines that the waiver is necessary on the basis of national security or a national emergency; and (2) submits notification to Congress of that waiver and the reasons for that waiver. (b) Additional Waivers.-- (1) Submission.--The President may submit a request to Congress for a waiver of the application of section 3 to any significant regulatory action. (2) Contents.--A submission under this subsection shall include-- (A) an identification of the significant regulatory action; and (B) the reasons which necessitate a waiver for that significant regulatory action. (3) Congressional action.--Congress shall give expeditious consideration and take appropriate legislative action with respect to any waiver request submitted under this subsection. SEC. 5. JUDICIAL REVIEW. (a) Definition.--In this section, the term ``small business'' means any business, including an unincorporated business or a sole proprietorship, that employs not more than 500 employees or that has a net worth of less than $7,000,000 on the date a civil action arising under this Act is filed. (b) Review.--Any person that is adversely affected or aggrieved by any significant regulatory action in violation of this Act is entitled to judicial review in accordance with chapter 7 of title 5, United States Code. (c) Jurisdiction.--Each court having jurisdiction to review any significant regulatory action for compliance with any other provision of law shall have jurisdiction to review all claims under this Act. (d) Relief.--In granting any relief in any civil action under this section, the court shall order the agency to take corrective action consistent with this Act and chapter 7 of title 5, United States Code, including remanding the significant regulatory action to the agency and enjoining the application or enforcement of that significant regulatory action, unless the court finds by a preponderance of the evidence that application or enforcement is required to protect against an imminent and serious threat to the national security from persons or states engaged in hostile or military activities against the United States. (e) Reasonable Attorney Fees for Small Businesses.--The court shall award reasonable attorney fees and costs to a substantially prevailing small business in any civil action arising under this Act. A party qualifies as substantially prevailing even without obtaining a final judgment in its favor if the agency changes its position as a result of the civil action. (f) Limitation on Commencing Civil Action.--A person may seek and obtain judicial review during the 1-year period beginning on the date of the challenged agency action or within 90 days after an enforcement action or notice thereof, except that where another provision of law requires that a civil action be commenced before the expiration of that 1-year period, such lesser period shall apply.

Regulation Moratorium and Jobs Preservation Act of 2011 - Prohibits any federal agency from taking any significant regulatory action until the Bureau of Labor Statistics (BLS) reports a monthly unemployment rate equal to or less than 7.7%. Defines as "significant" any regulatory action that is likely to: (1) have an annual effect on the economy of $100 million or more or adversely affect the economy, productivity, competition, jobs, the environment, public health or safety, small entities, or state, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with another agency's action; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues. Authorizes the President to waive such prohibition if the President notifies Congress that a waiver is necessary on the basis of national security or a national emergency. Allows judicial review of all claims under this Act.

To provide that no agency may take any significant regulatory action until the unemployment rate is equal to or less than 7.7 percent.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Flood Insurance Program Fairness Act''. SEC. 2. NOTIFICATION AND APPEAL OF MAP CHANGES. Subsection (h) of section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(h)) is amended to read as follows: ``(h) Notification and Appeal of Flood Map Changes.-- ``(1) Notification.--In the case of any change to flood insurance map panels, including any change in the form of a letter of map amendment or a letter of map revision, the Director shall provide notice of such change by-- ``(A) providing the chief executive officer of each community affected by the change, by registered mail, a copy of the revised maps for such community and a statement explaining the process under this subsection to appeal to the Director for changes in such revised maps; and ``(B) causing notice of such changes to be published in the Federal Register, which notice shall include information sufficient to identify the communities affected and the changes made, information explaining how to obtain copies of the changes and revisions, and a statement explaining the process under this subsection to appeal to the Director for changes in such revised maps. ``(2) Appeals.--With respect to any change to a flood insurance map panel, during the 30-day period beginning upon the occurrence of the last of the actions required under subparagraphs (A) and (B) of paragraph (1), a community affected by the change may appeal the change by submitting an objection to the change, in writing, to the Director. Such an objection may provide additional evidence relating to the objection or a request for additional time to obtain information related to the objection. The right of a community to appeal a change to flood insurance map panels under this subsection shall be in addition to any right or opportunity for a community to appeal such a change under section 1363. ``(3) Response to appeal.--During the 30-day period that begins upon the receipt by the Director of an objection pursuant to paragraph (2), the Director shall determine whether to deny the objection, revise the changes to the flood insurance map panels in response to the objection, or to grant additional time to the community to obtain evidence related to the objection. Immediately upon making such determination, the Director shall notify the chief executive officer of the community, in writing and by registered mail, of such determination. ``(4) Additional time.--If the Director grants a community additional time to obtain evidence related to the objection-- ``(A) the notification pursuant to paragraph (3) shall state the amount of time granted; and ``(B) during the 30-day period beginning upon the earlier of the submission of such evidence or the expiration of such additional time granted, the Director shall determine whether to deny the objection or revise the changes to flood insurance map panels in response to the objection. Immediately upon making such determination, the Director shall notify the chief executive officer of the community, in writing and by registered mail, of such determination. ``(5) Notification to homeowners.-- ``(A) In general.--Not later than 30 days after any final determination described in subparagraph (B), the Director shall, by first class mail, provide written notification, to each owner of real property affected by the change to flood insurance map panels resulting from such determination, of-- ``(i) the status of such property with respect to flood zone and flood insurance purchase requirements under this Act and the Flood Disaster Protection Act of 1973; and ``(ii) information regarding how and where to obtain any coverage required and the estimated cost of such coverage. ``(B) Final determinations.--A final determination described in this subparagraph is-- ``(i) the expiration of the period under paragraph (2) without receipt by the Director of an objection in accordance with such paragraph; ``(ii) a determination pursuant to paragraph (3) or (4)(B) to deny an objection; or ``(iii) a determination pursuant to paragraph (3) or (4)(B) to revise the changes to flood insurance map panels in response to the objection in a manner such that such panels are altered from the panels in effect before such changes. ``(6) Effective date of changes.--A change to a flood insurance map panel shall take effect-- ``(A) with respect to any property for which such change results in the initial applicability of any requirement under this Act or the Flood Disaster Protection Act of 1973 to purchase flood insurance for the property, upon the expiration of the 6-month period beginning upon the date that notice under paragraph (5) is mailed to the owner of such property; and ``(B) with respect to any property for which such change results in elimination of any such purchase requirement or decreases the cost of coverage required, immediately upon the final determination under paragraph (5) regarding such change. ``(7) Reimbursement of property owners for costs incurred in appeals.--If an owner of a real property affected by a change to flood insurance map panels incurs expense in connection with the services of surveyors, engineers, or similar services, but not including legal services, in effecting any appeal of such change to the Director, which is successful in whole or in part, the Director shall reimburse such individual for such expense. The amount of such reimbursement shall be determined by the Director, based on the ratio of the successful portion of the appeal as compared to the entire appeal. The Director shall apply such ratio to the average cost of such services in the community for jobs of a similar size.''. SEC. 4. NOTIFICATION OF ESTABLISHMENT OF FLOOD ELEVATIONS. Section 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended by striking the section designation and all that follows through the end of subsection (a) and inserting the following: ``Sec. 1363. (a) In establishing projected flood elevations for land use purposes with respect to any community pursuant to section 1361, the Director shall first propose such determinations-- ``(1) by providing the chief executive officer of each community affected by the proposed elevations, by registered mail, notice of the elevations, including a copy of the maps for the elevations for such community and a statement explaining the process under this section to appeal for changes in such elevations; ``(2) by causing notice of such elevations to be published in the Federal Register, which notice shall include information sufficient to identify the elevation determinations and the communities affected, information explaining how to obtain copies of the elevations, and a statement explaining the process under this section to appeal for changes in the elevations; and ``(3) by publishing the elevations in a prominent local newspaper.''.

Requires the Director of the Federal Emergency Management Agency (FEMA) to provide notice of any change to flood insurance map panels, including any change in a letter of map amendment or a letter of map revision by: (1) providing the chief executive officer of each community affected by the change, by registered mail, a copy of the revised maps for such community and a statement explaining the process under this Act to appeal to the Director for changes in such revised maps; and (2) causing notice of such changes to be published in the Federal Register, and a statement explaining the process (under this Act) to appeal to the Director for changes in such revised maps. Allows a community affected by the change to appeal the change. Requires the Director: (1) during a 30-day period that begins upon the receipt of an objection, to determine whether to deny the objection, revise the changes to the panels in response to the objection, or to grant additional time to the community to obtain evidence related to the objection; and (2) to notify the chief executive of the community, in writing and by registered mail, of such determination. Requires the Director, not later than 30 days after any final determination as described by this Act, to provide written notification to each owner of real property affected by the change to panels resulting from such determination. Requires the Director, if an owner of real property affected by a change to panels incurs expense in connection with the services of surveyors, engineers, or similar services (but not legal services) in effecting any appeal of such change to the Director which is successful, to reimburse such individual for such expense. Amends the National Flood Insurance Act of 1968 to repeal the requirement for the publication or notification of proposed flood elevation determinations to require the Director, in establishing projected flood elevations for land use purposes for any community, to first propose such determinations by: (1) providing the chief executive officer of each community affected by the proposed elevations, by registered mail, notice of the elevations, including a copy of the maps and a statement explaining the process to appeal for changes in such elevations; (2) causing notice of such elevations to be published in the Federal Register, which shall include a statement explaining the process to appeal for changes in such elevations; and (3) publishing the elevations in a prominent local newspaper.

National Flood Insurance Program Fairness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Residual Radioactive Contamination Compensation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Beginning in the early 1940s, the Department of Energy and its predecessors, the Atomic Energy Commission and the Manhattan Engineering District, relied upon hundreds of private-sector factories and laboratories to develop, test, and produce atomic weapons for use by the military, and these facilities became contaminated with radioactive materials during the atomic weapons production process. (2) The Energy Employees Occupational Illness Compensation Program Act of 2000 (in this section referred to as ``EEOICPA'') provides health care and lump-sum benefits for radiation-related cancers and other illnesses to certain covered workers made sick while they toiled in the nation's nuclear weapons factories, including vendor facilities. EEOICPA defines these private-sector vendor facilities as ``atomic weapons employer facilities'', and employees working in such facilities while their employers were under contract to process nuclear weapons materials are defined as ``atomic weapons employees''. (3) Many of the atomic weapons employer facilities were not properly decontaminated after processing radioactive materials such as thorium, uranium, and radium and retained significant levels of contamination. Workers who were hired and employed in such atomic weapons employer facilities after the date that contracts ended for production were potentially exposed to significant amounts of radiation. Congress was not aware of the presence of residual radioactive contamination in these facilities when it enacted EEOICPA, thus inadvertently denying coverage under the law to those who were unwittingly exposed to radiation left over from nuclear weapons activities. (4) In December 2001, the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107) was enacted, which required in section 3151(b) that the National Institute for Occupational Safety and Health study and issue a final report to Congress by December 2002 describing which of the atomic weapons employer facilities had significant residual radioactive contamination remaining in them after processing materials for use in atomic weapons and during what time periods such radioactive contamination remained. (5) In October 2003, the Institute issued a report, titled ``Report on Residual Radioactive and Beryllium Contamination in Atomic Weapons Employer and Beryllium Vendor Facilities''. The report found that, out of 219 atomic weapons employer facilities-- (A) 97 (44 percent) of such facilities have potential for significant residual radioactive contamination outside of the periods in which atomic weapons-related production occurred; (B) 88 (40 percent) of such facilities have little potential for significant residual radioactive contamination outside of the periods in which atomic weapons-related production occurred; and (C) 34 (16 percent) of such facilities have insufficient information to make a determination. (6) Congress is now aware that workers were employed in a substantial number of atomic weapons employer facilities years after the Manhattan Project ended. These workers were potentially harmed by legacy residual radioactive contamination that permeated the walls, the floors, and the air of their worksites well after the Atomic Energy Commission and the Department of Energy terminated contracts for production activities. This exposure to residual radioactive contamination took place without the knowledge or consent of these workers. (7) Congress therefore declares that, based on the scientific assessment by the Institute, those workers hired and employed in such facilities during the period after Cold War production stopped but during which the Institute found there was significant residual radioactive contamination should be defined as ``atomic weapons employees'' under EEOICPA, should be eligible to apply for compensation under subtitle B of EEOICPA, and should have their claims evaluated on the same basis as those atomic weapons employees who were employed during the period when processing of radioactive materials was underway as part of the atomic weapons program. SEC. 3. COVERAGE UNDER ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM OF INDIVIDUALS EMPLOYED AT ATOMIC WEAPONS EMPLOYER FACILITIES DURING PERIODS OF RESIDUAL CONTAMINATION. Paragraph (3) of section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l) is amended to read as follows: ``(3) The term `atomic weapons employee' means any of the following: ``(A) An individual employed at an atomic weapons employer facility during a period when the employer was processing or producing, for the use by the United States, material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and milling. ``(B) An individual employed-- ``(i) at an atomic weapons employer facility with respect to which the National Institute for Occupational Safety and Health, in its report dated October 2003 and titled `Report on Residual Radioactive and Beryllium Contamination at Atomic Weapons Employer Facilities and Beryllium Vendor Facilities', or any update to that report, found that there is a potential for significant residual contamination outside of the period in which weapons-related production occurred; and ``(ii) during a period, as specified in such report or any update to such report, of significant residual contamination at that facility.''. SEC. 4. UPDATE TO REPORT. In each of 2005, 2006, and 2007, the Director of the National Institute for Occupational Safety and Health shall submit to Congress, not later than December 31 of that year, an update to the report required by section 3151(b) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 42 U.S.C. 7384 note). Each such update shall-- (1) for each facility for which such report, or any update to such report, found that insufficient information was available to determine whether significant residual contamination was present, determine whether significant residual contamination was present; (2) for each facility for which such report, or any update to such report, found that significant residual contamination remained present as of the date of the report, determine the date on which such contamination ceased to be present; (3) for each facility for which such report, or any update to such report, found that significant residual contamination was present but for which the Director has been unable to determine the extent to which such contamination is attributable to beryllium or atomic weapons-related activities, identify the specific dates of coverage attributable to such activities and, in so identifying, presume that such contamination is attributable to such activities until there is evidence of decontamination of residual contamination identified with beryllium or atomic weapons-related activities; and (4) if new information that pertains to the report has been made available to the Director since that report was submitted, identify and describe such information. SEC. 5. PUBLICATION IN FEDERAL REGISTER. The Director shall ensure that the report referred to in section 4, and each update required by section 4, are published in the Federal Register not later than 15 days after being released.

Residual Radioactive Contamination Compensation Act - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to cover individual employees: (1) at an atomic weapons employer facility with respect to which the National Institute for Occupational Safety and Health found a potential for residual contamination outside of the period in which weapons-related production occurred; and (2) during a period of significant residual contamination at such facility. Instructs the Director of the National Institute for Occupational Safety and Health to submit to Congress updated reports regarding residual contamination in such facilities and the employees working in them while their employers were under Federal contract to process nuclear weapons materials.

To provide coverage under the Energy Employees Occupational Illness Compensation Program for individuals employed at atomic weapons employer facilities during periods of residual contamination.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Disclosure Act of 1995''. SEC. 2. DISCLOSURES BY INSURERS TO APPLICANTS. (a) Requirement To Provide Written Explanation or Notice of Declination.--The Secretary of Housing and Urban Development shall, by regulation, require that each insurer who, through the insurer, or an agent or broker, declines a written application or written request to issue an insurance policy under a designated line shall provide to the applicant at the time of such declination, through such insurer, agent, or broker, one of the following: (1) A written explanation of the specific reasons for the declination. (2) Written notice that (A) the applicant may submit to the insurer, agent, or broker, within 90 days of such notice, a written request for a written explanation of the reasons for the declination, and (B) pursuant to such a request, an explanation shall be provided to the applicant within 21 days after receipt of such request. (b) Response to Request for Explanation.--If an insurer, agent, or broker making a declination receives a written request referred to in subsection (a)(2) within such 90-day period, the insurer, agent, or broker shall provide a written explanation referred to in such subsection within such 21-day period. SEC. 3. DISCLOSURES BY INSURERS TO POLICYHOLDERS. The Secretary of Housing and Urban Development shall, by regulation, require that each insurer who cancels or refuses to renew an insurance policy under a designated line shall provide to the policyholder, in writing and within an appropriate period of time as determined by the Secretary, the reasons for canceling or refusing to renew the policy. SEC. 4. CONSIDERATION OF MODEL ACTS. In issuing regulations under sections 2 and 3, the Secretary shall consider relevant portions of model acts developed by the National Association of Insurance Commissioners. SEC. 5. EFFECT ON STATE LAWS. Sections 2 and 3 shall not be construed to annul, alter, or effect, or exempt any insurer, agent, or broker subject to the provisions of such sections from complying with any laws or requirements of any State with respect to notifying insurance applicants or policyholders of the reasons for declination or cancellation of, or refusal to renew insurance, except to the extent that such laws or requirements are inconsistent with such sections (or the regulations issued thereunder) and then only to the extent of such inconsistency. The Secretary is authorized to determine whether such inconsistencies exist and to resolve issues regarding such inconsistencies. The Secretary may not provide that any State law or requirement is inconsistent with section 2 or 3 if it imposes requirements equivalent to the requirements under such sections or requirements that are more stringent or comprehensive, in the determination of the Secretary. SEC. 6. IMMUNITY. In issuing regulations under sections 2 and 3, the Secretary shall specifically consider the necessity of providing insurers, agents, and brokers immunity solely for the act of conveying or communicating the reasons for a declination or cancellation of, or refusal to renew insurance on behalf of a principal making such decision. The Secretary may provide for immunity under the regulations issued under sections 2 and 3 if the Secretary determines that such a provision is necessary and in the public interest, except that the Secretary may not provide immunity for any conduct that is negligent, reckless, or willful. SEC. 7. DESIGNATION OF LINES OF INSURANCE. (a) In General.--The Secretary shall, by regulation, designate lines of insurance as designated lines for purposes of this Act, as follows: (1) Automobile.--The Secretary shall designate private passenger automobile insurance and shall also designate any sublines and coverage types of private passenger automobile insurance that the Secretary considers appropriate for purposes of this Act. (2) Noncommercial insurance for residential property.--The Secretary shall designate homeowners insurance and dwelling fire and allied lines, and shall distinguish the coverage types in such lines by the perils covered and by market or replacement value, as the Secretary considers appropriate for purposes of this Act. For purposes of this Act, homeowners insurance shall not include any renters coverage or coverage for the personal property of a condominium owner. (b) Report.--At any time the Secretary determines that any line of insurance not described in subsection (a) should be a designated line because disparities in coverage provided under such line exist among geographic areas having different income levels or racial composition, the Secretary shall submit a report to the Congress recommending designating such line of insurance as a designated line for purposes of this Act. (c) Duration.-- (1) In general.--Except as provided in paragraph (2), the Secretary shall make the designations under this section once every 5 years, by regulation, and each line and subline or coverage type designated under such regulations shall be designated for the 5-year period beginning upon the issuance of such regulations. (2) Alteration.--During any 5-year period referred to in paragraph (1) in which designations are in effect, the Secretary may amend or revise the designated lines, sublines, and coverage types only by regulation and only in accordance with the requirements of this section. Such regulations amending or revising designations shall apply only to that portion of the 5-year period during which such amendment or revision is made that remains after the expiration of the 6- month period beginning on the date of issuance of the regulations. (d) Timing of Designations.--The Secretary shall make the designations required by subsection (c)(1) and notify interested parties during the 6-month period ending 6 months before the commencement of the 5-year period to which such designations apply. (e) Obtaining Information.--The Secretary may require insurers to submit to the Secretary such information as the Secretary considers necessary to make designations specifically required under this section. The Secretary may not require insurers to submit any information under this subsection that relates to any line of insurance not specifically authorized to be designated pursuant to this section or that is to be used solely for the purpose of a report under subsection (b). SEC. 8. STATE ENFORCEMENT. The Secretary may authorize the States to enforce the requirements under regulations issued under sections 2 and 3. SEC. 9. ENFORCEMENT. (a) Civil Penalties.--Any insurer who is determined by the Secretary, after providing opportunity for a hearing on the record, to have violated any requirement pursuant to this Act shall be subject to a civil penalty of not to exceed $5,000 for each day during which such violation continues. (b) Injunction.--The Secretary may bring an action in an appropriate United States district court for appropriate declaratory and injunctive relief against any insurer who violates the requirements referred to in subsection (a). SEC. 10. DEFINITIONS. For purposes of this Act: (1) Agent.--The term ``agent'' means, with respect to an insurer, an agent licensed by a State who sells property and casualty insurance. The term includes agents who are employees of the insurer, agents who are independent contractors working exclusively for the insurer, and agents who are independent contractors appointed to represent the insurer on a nonexclusive basis. (2) Designated line.--The term ``designated line'' means a line of insurance designated by the Secretary under section 7. (3) Insurance.--The term ``insurance'' means property and casualty insurance. Such term includes primary insurance, surplus lines insurance, and any other arrangement for the shifting and distributing of risks that is determined to be insurance under the law of any State in which the insurer or insurer group engages in an insurance business. (4) Insurer.--The term ``insurer'' means any corporation, association, society, order, firm, company, mutual, partnership, individual, aggregation of individuals, or any other legal entity that is authorized to transact the business of property or casualty insurance in any State or that is engaged in a property or casualty insurance business. The term does not include an individual or entity which represents an insurer as agent solely for the purpose of selling or which represents a consumer as a broker solely for the purpose of buying insurance. (5) Property and casualty insurance.--The term ``property and casualty insurance'' means insurance against loss of or damage to property, insurance against loss of income or extra expense incurred because of loss of, or damage to, property, and insurance against third party liability claims caused by negligence or imposed by statute or contract. Such term does not include workers' compensation, professional liability, or title insurance. (6) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (7) State.--The term ``State'' means any State, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. SEC. 11. REGULATIONS. (a) In General.--The Secretary shall issue any regulations required under this Act and any other regulations that may be necessary to carry out this Act. The regulations shall be issued through rulemaking in accordance with the procedures under section 553 of title 5, United States Code, for substantive rules. Except as otherwise provided in this Act, the final regulations to carry out this Act shall be issued not later than the expiration of the 18-month period beginning on the date of the enactment of this Act and shall take effect upon issuance. (b) Burdens.--In prescribing such regulations, the Secretary shall take into consideration the administrative, paperwork, and other burdens on insurance agents, including independent insurance agents, involved in complying with the requirements of this Act and shall minimize the burdens imposed by such requirements with respect to such agents.

Insurance Disclosure Act of 1995 - Instructs the Secretary of Housing and Urban Development to require insurers to provide written disclosures to applicants and policyholders, stating the reasons for: (1) declining a written application; or (2) cancelling or refusing to renew an existing policy. Authorizes the Secretary to provide immunity to insurers, agents, and brokers regarding their communication of a cancellation, denial, or nonrenewal of insurance. Prescribes guidelines under which the Secretary shall designate certain lines of insurance. Sets forth enforcement guidelines, including civil penalties and injunctive relief.

Insurance Disclosure Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Forever Act of 2008''. SEC. 2. TAX IMPOSED ON WAGES IN EXCESS OF CONTRIBUTION AND BENEFIT BASE. (a) Tax on Employees.--Section 3101 of the Internal Revenue Code of 1986 (relating to rate of tax) is amended by adding at the end the following new subsection: ``(d) Wages Received in Excess of Contribution and Benefit Base.-- In addition to the taxes imposed by subsections (a) and (b) and notwithstanding subsection (c), there is hereby imposed on the income of every individual a tax equal to 3 percent of the excess (if any) of-- ``(1) the wages (as defined in section 3121(a)) received by him with respect to employment (as defined in section 3121(b)) during the calendar year, over ``(2) so much of such wages as does not exceed the contribution and benefit base, as determined under section 230 of the Social Security Act for such calendar year.''. (b) Tax on Employers.--Section 3111 of such Code (relating to rate of tax) is amended by adding at the end the following new subsection: ``(d) Wages Paid in Excess of Contribution and Benefit Base.--In addition to the taxes imposed by subsections (a) and (b) and notwithstanding subsection (c), there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 3 percent of the excess (if any) of-- ``(1) the wages (as defined in section 3121(a)) paid by him with respect to employment (as defined in section 3121(b)) during the calendar year, over ``(2) so much of such wages as does not exceed the contribution and benefit base, as determined under section 230 of the Social Security Act for such calendar year.''. (c) Railroad Retirement.-- (1) Tax on employees.--Section 3201 of such Code (relating to rate of tax) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Wages Received in Excess of Contribution and Benefit Base.-- In addition to other taxes, there is hereby imposed on the income of each employee a tax equal to 3 percent of the excess (if any) of-- ``(1) the compensation (determined without regard to section 3231(e)(2)) received during any calendar year by such employee for services rendered by such employee, over ``(2) so much of such compensation as does not exceed the contribution and benefit base, as determined under section 230 of the Social Security Act for such calendar year.''. (2) Tax on employee representatives.--Section 3211 of such Code (relating to rate of tax) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Wages Received in Excess of Contribution and Benefit Base.-- In addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to 3 percent of the excess (if any) of-- ``(1) the compensation (determined without regard to section 3231(e)(2)) received during any calendar year by such employee representative for services rendered by such employee representative, over ``(2) so much of such compensation as does not exceed the contribution and benefit base, as determined under section 230 of the Social Security Act for such calendar year.''. (3) Tax on employers.--Section 3221 of such Code (relating to rate of tax) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Wages Paid in Excess of Contribution and Benefit Base.--In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 3 percent of the excess (if any) of-- ``(1) the compensation (determined without regard to section 3231(e)(2)) paid during any calendar year by such employer for services rendered to such employer, over ``(2) so much of such compensation as does not exceed the contribution and benefit base, as determined under section 230 of the Social Security Act for such calendar year.''. (d) Tax on Self-Employment Income.--Section 1401 of such Code (relating to rate of tax) is amended by adding at the end the following new subsection: ``(d) Wages Received in Excess of Contribution and Benefit Base.-- In addition to the taxes imposed by subsections (a) and (b) and notwithstanding subsection (c), there shall be imposed for each taxable year, on the self-employment income of every individual, a tax equal to 6 percent of the excess (if any) of-- ``(1) the self-employment income for such taxable year, over ``(2) so much of such self-employment income as does not exceed the contribution and benefit base, as determined under section 230 of the Social Security Act, which is effective for the calendar year in which such taxable year begins.''. (e) Conforming Amendments.-- (1) Section 24(d)(2)(A) of such Code is amended-- (A) in clause (i) by inserting ``(other than subsection (d) thereof)'' after ``3101'', and (B) in clause (ii) by inserting ``(other than subsection (d) thereof)'' after ``1401''. (2) Section 45B(b)(1) of such Code is amended by inserting ``(other than subsection (d) thereof)'' after ``section 3111''. (3) Section 406(b)(2)(B) of such Code is amended by inserting ``(other than subsection (d) thereof)'' after ``3101''. (4) Section 3121(l)(1)(A) of such Code is amended by striking ``sections 3101 and 3111'' and inserting ``sections 3101 (other than subsection (d) thereof) and 3111 (other than subsection (d) thereof)''. (5) Section 6051(a)(6) of such Code is amended by inserting ``(stated separately with respect to the taxes imposed by subsections (a), (b), and (d) thereof)'' after ``section 3101''. (6) Section 6053(b) of such Code is amended-- (A) by striking ``section 3101 or section 3201'' and inserting ``section 3101 (without regard to subsection (d) thereof) or section 3201 (without regard to subsection (d) thereof)'', and (B) by inserting ``with respect to sections 3101(a) and (b) and 3201(a) and (b)'' after ``as the case may be'' the second place it appears. (f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to remuneration paid after December 31, 2008. (2) Self-employment income.--The amendment made by subsection (d) shall apply to taxable years beginning after December 31, 2008. SEC. 3. SIGNATURES ON TREASURY SECURITIES. (a) In General.--Subchapter II of chapter 31 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 3131. Signatures on obligations issued or guaranteed under this chapter ``Every obligation issued or guaranteed under the authority of this chapter shall bear a facsimile of the signatures of the President of the United States and the Secretary of the Treasury.''. (b) Clerical Amendment.--The table of sections for chapter 31, United States Code, is amended by adding after the item relating to section 3130 the following new item: ``3131. Signatures on obligations issued or guaranteed under this chapter.''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after 3 months after the date of the enactment of this Act.

Social Security Forever Act of 2008 - Amends the Internal Revenue Code to impose on employers, employees, and self-employed individuals an additional employment tax for wages in excess of the social security contribution and benefit base. Requires all Treasury securities to bear a facsimile of the signatures of the President and the Secretary of the Treasury.

To amend the Internal Revenue Code of 1986 to impose a tax on the amount of wages in excess of the contribution and benefit base, and for other purposes.

SECTION 1. ALLOCATION TO SOURCES WITHIN THE UNITED STATES OF INTEREST EXPENSE ON INDEBTEDNESS FINANCING RATE-REGULATED ELECTRIC ENERGY OR NATURAL GAS INFRASTRUCTURE INVESTMENTS. (a) In General.--Subsection (e) of section 864 of the Internal Revenue Code of 1986 (relating to rules for allocating interest, etc.) is amended by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively, and by inserting after paragraph (5) the following new paragraph: ``(6) Treatment of certain interest expense relating to qualified infrastructure indebtedness.-- ``(A) In general.--Interest on any qualified infrastructure indebtedness shall be allocated and apportioned solely to sources within the United States, and such indebtedness shall not be taken into account in allocating and apportioning other interest expense. ``(B) Qualified infrastructure indebtedness.--For purposes of this paragraph, the term `qualified infrastructure indebtedness' means any indebtedness incurred-- ``(i) to carry on the trade or business of the furnishing or sale of electric energy or natural gas in the United States, or ``(ii) to acquire, construct, or otherwise finance property used predominantly in such trade or business. ``(C) Rate regulation.-- ``(i) In general.--If only a portion of the furnishing or sale referred to in subparagraph (B)(i) in a trade or business is rate regulated, the term `qualified infrastructure indebtedness' shall not include nonqualified indebtedness. ``(ii) Nonqualified indebtedness.--For purposes of clause (i), the term `nonqualified indebtedness' means so much of the indebtedness which would (but for clause (i)) be qualified infrastructure indebtedness as exceeds the amount which bears the same ratio to the aggregate indebtedness of the taxpayer as the value of the assets used in the furnishing or sale referred to in subparagraph (B)(i) which is rate-regulated bears to the value of the total assets of the taxpayer. ``(iii) Rate-regulated defined.--For purposes of this subparagraph, furnishing or sale is rate-regulated if the rates for the furnishing or sale, as the case may be, have been established or approved by a State or political subdivision thereof, by an agency or instrumentality of the United States, or by a public service or public utility commission or other similar body of the District of Columbia or of any State or political subdivision thereof. ``(iv) Asset values.--For purposes of clause (ii), assets shall be treated as having a value equal to their adjusted bases (within the meaning of section 1016) unless the taxpayer elects to use fair market value for all assets. Such an election, once made, shall be irrevocable. ``(v) Time for making determination.--The determination of whether indebtedness is qualified infrastructure indebtedness or nonqualified indebtedness shall be made at the time the indebtedness is incurred. ``(vi) Separate application to electric energy and natural gas.--This subparagraph shall be applied separately to electric energy and natural gas.'' (b) Effective Date.-- (1) In general.--The amendment made by this section shall apply to indebtedness incurred in taxable years beginning after the date of enactment of this Act. (2) Outstanding debt.--In the case of indebtedness outstanding as of the date of enactment of this Act, the determination of whether such indebtedness constitutes qualified infrastructure indebtedness shall be made by applying the rules of subparagraphs (B) and (C) of section 864(e)(6) of the Internal Revenue Code of 1986, as added by this section, on the date such indebtedness was incurred.

Amends Internal Revenue Code provisions relating to rules for allocating interest to provide, in general, that interest on any qualified infrastructure indebtedness shall be allocated and apportioned solely to sources within the United States, and such indebtedness shall not be taken into account in allocating and apportioning other interest expense. Defines the term "qualified infrastructure indebtedness" to mean any indebtedness incurred to carry on the trade or business of the furnishing or sale of electric energy or natural gas in the United States, or to acquire, construct, or otherwise finance property used predominantly in such trade or business.

To amend the Internal Revenue Code of 1986 to provide that interest on indebtedness used to finance the furnishing or sale of rate-regulated electric energy or natural gas in the United States shall be allocated solely to sources within the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Weather Modification Research and Technology Transfer Authorization Act of 2005''. SEC. 2. PURPOSE. It is the purpose of this Act to develop and implement a comprehensive and coordinated national weather modification policy and a national cooperative Federal and State program of weather modification research and development. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Weather Modification Advisory and Research Board. (2) Executive director.--The term ``Executive Director'' means the Executive Director of the Weather Modification Advisory and Research Board. (3) Research and development.--The term ``research and development'' means theoretical analysis, exploration, experimentation, and the extension of investigative findings and theories of scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes. (4) Weather modification.--The term ``weather modification'' means changing or controlling, or attempting to change or control, by artificial methods the natural development of atmospheric cloud forms or precipitation forms which occur in the troposphere. SEC. 4. WEATHER MODIFICATION ADVISORY AND RESEARCH BOARD ESTABLISHED. (a) In General.--There is established in the Department of Commerce the Weather Modification Advisory and Research Board. (b) Membership.-- (1) In general.--The Board shall consist of 11 members appointed by the Secretary of Commerce, of whom-- (A) at least 1 shall be a representative of the American Meteorological Society; (B) at least 1 shall be a representative of the American Society of Civil Engineers; (C) at least 1 shall be a representative of the National Academy of Sciences; (D) at least 1 shall be a representative of the National Center for Atmospheric Research of the National Science Foundation; (E) at least 2 shall be representatives of the National Oceanic and Atmospheric Administration of the Department of Commerce; (F) at least 1 shall be a representative of institutions of higher education or research institutes; and (G) at least 1 shall be a representative of a State that is currently supporting operational weather modification projects. (2) Tenure.--A member of the Board serves at the pleasure of the Secretary of Commerce. (3) Vacancies.--Any vacancy on the Board shall be filled in the same manner as the original appointment. (b) Advisory Committees.--The Board may establish advisory committees to advise the Board and to make recommendations to the Board concerning legislation, policies, administration, research, and other matters. (c) Initial Meeting.--Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold its first meeting. (d) Meetings.--The Board shall meet at the call of the Chair. (e) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. (f) Chair and Vice Chair.--The Board shall select a Chair and Vice Chair from among its members. SEC. 5. DUTIES OF THE BOARD. (a) Promotion of Research and Development.--In order to assist in expanding the theoretical and practical knowledge of weather modification, the Board shall promote and fund research and development, studies, and investigations with respect to-- (1) improved forecast and decisionmaking technologies for weather modification operations, including tailored computer workstations and software and new observation systems with remote sensors; and (2) assessments and evaluations of the efficacy of weather modification, both purposeful (including cloud-seeding operations) and inadvertent (including downwind effects and anthropogenic effects). (b) Financial Assistance.--Unless the use of the money is restricted or subject to any limitations provided by law, the Board shall use amounts in the Weather Modification Research and Development Fund-- (1) to pay its expenses in the administration of this Act; and (2) to provide for research and development with respect to weather modifications by grants to, or contracts or cooperative arrangements with, public or private agencies. (c) Report.--The Board shall submit to the Secretary of Commerce biennially a report on its findings and research results. SEC. 6. POWERS OF THE BOARD. (a) Studies, Investigations, and Hearings.--The Board may make any studies or investigations, obtain any information, and hold any hearings necessary or proper to administer or enforce this Act or any rules or orders issued under this Act. (b) Personnel.--The Board may employ, as provided for in appropriations Acts, an Executive Director and other support staff necessary to perform duties and functions under this Act. (c) Cooperation With Other Agencies.--The Board may cooperate with public or private agencies to promote the purposes of this Act. (d) Cooperative Agreements.--The Board may enter into cooperative agreements with the head of any department or agency of the United States, an appropriate official of any State or political subdivision of a State, or an appropriate official of any private or public agency or organization for conducting weather modification activities or cloud-seeding operations. (e) Conduct and Contracts for Research and Development.--The Executive Director, with the approval of the Board, may conduct and may contract for research and development activities relating to the purpose described in section 2. SEC. 7. COOPERATION WITH THE WEATHER MODIFICATION OPERATIONS AND RESEARCH BOARD. The heads of the departments and agencies of the United States and the heads of any other public or private agencies and institutions that receive research funds from the United States shall, to the extent possible, give full support and cooperation to the Board and to initiate independent research and development programs that address weather modifications. SEC. 8. FUNDING. (a) In General.--There is established within the Treasury of the United States the Weather Modification Research and Development Fund, which shall consist of amounts appropriated pursuant to subsection (b) or received by the Board under subsection (c). (b) Authorization of Appropriations.--There are authorized to be appropriated to the Board for the purposes of carrying out this Act $10,000,000 for each of fiscal years 2006 through 2015. Any sums appropriated under this subsection shall remain available, without fiscal year limitation, until expended. (c) Gifts.--The Board may accept, use, and dispose of gifts or donations of services or property.

Weather Modification Research and Technology Transfer Authorization Act of 2005 - Establishes in the Department of Commerce the Weather Modification Advisory and Research Board to promote and fund research and development (R&D), studies, and investigations with respect to: (1) improved forecast and decisionmaking technologies for weather modification operations, including tailored computer workstations and software and new observation systems with remote sensors; and (2) assessments and evaluations of the efficacy of weather modification, both purposeful (including cloud-seeding operations) and inadvertent (including downwind effects and anthropogenic effects). Establishes within the U.S. Treasury the Weather Modification Research and Development Fund. Directs the Board, unless the use of the money is restricted or subject to any limitations provided by law, to use amounts in the Fund to: (1) pay its expenses in the administration of this Act; and (2) provide for R&D with respect to weather modifications by grants to, or contracts or cooperative arrangements with, public or private agencies.

To establish the Weather Modification Operations and Research Board, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``FAA Research, Engineering, and Development Reform Act of 1996''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 48102(a) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (1)(J); (2) by striking the period at the end of paragraph (2)(J) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(3) for fiscal year 1997-- ``(A) $10,000,000 for system development and infrastructure projects and activities; ``(B) $39,911,000 for capacity and air traffic management technology projects and activities; ``(C) $20,371,000 for communications, navigation, and surveillance projects and activities; ``(D) $6,411,000 for weather projects and activities; ``(E) $6,000,000 for airport technology projects and activities; ``(F) $37,978,000 for aircraft safety technology projects and activities; ``(G) $36,045,000 for system security technology projects and activities; ``(H) $23,682,000 for human factors and aviation medicine projects and activities; ``(I) $3,800,000 for environment and energy projects and activities; ``(J) $1,500,000 for innovative/cooperative research projects and activities; and ``(K) such sums as may be necessary for other research, engineering, and development activities described in the President's fiscal year 1997 budget request to the Congress under the category `Engineering, development, test, and evaluation' of Facilities and Equipment.''. SEC. 3. RESEARCH PRIORITIES AND BUDGETING. (a) Section 48102(b) of title 49, United States Code, is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by striking ``Availability for Research.--(1)'' and inserting in lieu thereof ``Research Priorities.--(1) The Administrator shall consider the advice and recommendations of the research advisory committee established by section 44508 of this title in establishing priorities among major categories of research and development activities carried out by the Federal Aviation Administration. ``(2)''. (b) Section 48102(c) of title 49, United States Code, is amended to read as follows: ``(c) Designation of Activities.--(1) The amounts appropriated under subsection (a) are for the support of all research and development activities carried out by the Federal Aviation Administration that fall within the categories of basic research, applied research, and development, including the design and development of prototypes, in accordance with the classifications of the Office of Management and Budget Circular A-11 (Budget Formulation/Submission Process). ``(2) The President's annual budget request for the Federal Aviation Administration shall include all research and development activities within a single budget category. All of the activities carried out by the Administration within the categories of basic research, applied research, and development, as classified by the Office of Management and Budget Circular A-11, shall be placed in this single budget category.''. (c) Section 44508(a)(1) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting in lieu thereof ``; and''; and (3) by inserting after subparagraph (C) the following new subparagraph: ``(D) annually review the allocation made by the Administrator of the amounts authorized by section 48102(a) of this title among the major categories of research and development activities carried out by the Administration and provide advice and recommendations to the Administrator on whether such allocation is appropriate to meet the needs and objectives identified under subparagraph (A).''. (d) Section 44501(c) of title 49, United States Code, is amended-- (1) in paragraph (2)(A) by striking ``15-year'' and inserting in lieu thereof ``5-year''; (2) by amending subparagraph (B) to read as follows: ``(B) The plan shall-- ``(i) provide estimates by year of the schedule, cost, and work force levels for each active and planned major research and development project under sections 40119, 44504, 44505, 44507, 44509, 44511-44513, and 44912 of this title, including activities carried out under cooperative agreements with other Federal departments and agencies; ``(ii) specify the goals and the priorities for allocation of resources among the major categories of research and development activities, including the rationale for the priorities identified; ``(iii) identify the allocation of resources among long- term research, near-term research, and development activities; and ``(iv) highlight the research and development activities that address specific recommendations of the research advisory committee established under section 44508 of this title, and document the recommendations of the committee that are not accepted, specifying the reasons for nonacceptance.''; and (3) in paragraph (3) by inserting ``, including a description of the dissemination to the private sector of research results and a description of any new technologies developed'' after ``during the prior fiscal year''. SEC. 4. PROGRAM GUIDANCE. (a) Findings.--The Congress finds that-- (1) considerable effort and expenditure has been devoted since 1981 to the modernization of the National Airspace System, with limited results; (2) long-standing management, organizational, and cultural impediments at the Federal Aviation Administration have led to cost overruns, schedule delays, program terminations, and other wasteful inefficiencies; (3) a lack of coordination between the technology developers and operational sections of the Federal Aviation Administration has led to research, engineering, and development programs that are unbalanced because they either are too technology driven or have operational requirements that are unrealistic or unwarranted; (4) the research, engineering, and development functions of the Federal Aviation Administration have been carried out without the benefit of critical management education and competencies; (5) the failure to employ contemporary management techniques and industry best practices has led to inadequate contractor oversight and poor risk management; and (6) significant improvements in modernizing the National Airspace System will require fundamental changes in the Federal Aviation Administration's acquisition management system and in the orientation of the officials who implement the system. (b) Definitions.--For purposes of this section-- (1) the term ``affordable'' means having life-cycle costs that are in consonance with the long-range funding and operational design plans for the National Airspace System; (2) the term ``evolutionary acquisition'' means an acquisition strategy in which a core capability is fielded with a modular structure that allows for changes as requirements are refined; (3) the term ``life-cycle costs'' means the total costs to the Federal Government of a system over its useful life, including the costs of research, development, acquisition, support, and disposal; (4) the term ``nondevelopmental'' means not requiring significant further development to be made usefully operational; and (5) the term ``pre-planned product improvement'' means an acquisition strategy that defers technically difficult or unknown system requirements to mitigate risks or to field a system that incorporates design considerations that facilitate future changes. (c) Operational Principles.--The Federal Aviation Administration shall develop, implement, and maintain a disciplined acquisition management system that facilitates the transforming of broadly stated requirements into affordable, operationally effective and suitable products and services to meet the needs of users of the National Airspace System. Such acquisition management system shall be based on and incorporate the following principles: (1) The employment and integration of-- (A) a process to establish and validate requirements; (B) full life-cycle acquisition management; and (C) planning, programming, and budgeting. (2) Full involvement of both acquisition and operational Federal Aviation Administration personnel in the processes described in paragraph (1) (A), (B), and (C). (3) Early and continuous involvement of National Airspace System operators and users, advisory committees, and industry vendors and experts in establishing and stabilizing sound, realistic operational requirements. (4) Assignment of acquisition officials based on demonstrated leadership, professionalism, and proven acquisition management competencies, consistent with their positional responsibility and authority. (5) Full life-cycle, event-driven acquisition strategies which explicitly link major interim program decisions and contractual commitments to demonstrated accomplishments in research, engineering, and development. (6) The balancing of system design requirements and constraints based on cost-benefit sensitivity analysis. (7) Consideration of maximum practicable use of nonmaterial, nondevelopmental, or commercial solutions before embarking on protracted research, engineering, and development activities by the Federal Aviation Administration. (8) Consideration of evolutionary acquisition and pre- planned product improvement strategies to mitigate risks and expeditiously field products and services. (9) Use of contemporary management techniques and industry best practices to-- (A) compare the current status of a program to where it should be; (B) reassess the goals of a program and the plans for achieving those goals; (C) assess program risks and strategies for mitigating those risks; and (D) assess whether the program is affordable. (d) Document of April 1, 1996.--The Congress recognizes that the acquisition management system set forth in the document dated April 1, 1996, issued by the Federal Aviation Administration, is substantially compatible with the principles stated in subsection (c) of this section. The Federal Aviation Administration may implement that proposed system as a suitable compliance with the requirements of this section, and may modify elements of that system to the extent that those modifications conform with the principles stated in subsection (c) of this section.

FAA Research, Engineering, and Development Reform Act of 1996 - Amends Federal transportation law to: (1) authorize appropriations for FY 1997 for specified aviation programs; and (2) instruct the Administrator of the Federal Aviation Administration (FAA) to consider the advice of a certain research advisory committee in establishing research and development priorities. Earmarks the research and development appropriations authorized for the support of all FAA research and development activities falling within the categories of basic and applied research and development, including the design and development of prototypes in accordance with specified classifications. Mandates that: (1) the President's annual FAA budget request include all research and development activities within a single budget category; and (2) all FAA activities within the categories of basic and applied research and development be placed within such category. Directs the research advisory committee in the FAA to review annually the Administrator's appropriation allocation among major research and development activities, and give advice and recommendations on whether such allocation is appropriate to meet certain needs and objectives. Amends the guidelines for the national aviation research plan with respect to the goals, priorities, and resources of research and development activities. Directs the FAA to develop, implement, and maintain a disciplined acquisition management system, based on specified operational principles. Authorizes the FAA to implement its own proposed acquisition management system which the Congress recognizes as substantially compatible with such principles.

FAA Research, Engineering, and Development Reform Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Economic and National Security by Maintaining U.S. Leadership in Multilateral Development Banks Act''. SEC. 2. CAPITAL STOCK INCREASE FOR THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT. The Bretton Woods Agreements Act (22 U.S.C. 286-286tt) is amended by adding at the end the following: ``SEC. 69. CAPITAL STOCK INCREASE. ``(a) Increase Authorized.-- ``(1) In general.--The United States Governor of the Bank may-- ``(A) vote for an increase of 484,102 shares in the authorized capital stock of the Bank; and ``(B) subscribe on behalf of the United States to 81,074 additional shares of the authorized capital stock of the Bank. ``(2) Subject to appropriations.--Any subscription under paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.-- ``(1) In general.--For subscriptions under subsection (a), there are authorized to be appropriated, without fiscal year limitation, $9,780,361,991 for payment by the Secretary of the Treasury. ``(2) Allocation.--Of the amount authorized by paragraph (1)-- ``(A) $586,821,720 shall be for paid-in shares of the authorized capital stock of the Bank; and ``(B) $9,193,540,271 shall be for callable shares of the authorized capital stock of the Bank''. SEC. 3. CAPITAL STOCK INCREASE FOR THE INTER-AMERICAN DEVELOPMENT BANK. The Inter-American Development Bank Act (22 U.S.C. 283-283z-12) is amended by adding at the end the following: ``SEC. 41. CAPITAL STOCK INCREASE. ``(a) Increase Authorized.-- ``(1) In general.--The United States Governor of the Bank may-- ``(A) vote in favor of the resolution providing for an increase in the authorized capital stock of the Bank, as approved by the Board of Governors of the Bank on July 21, 2010; and ``(B) subscribe on behalf of the United States to 1,741,135 additional shares of the authorized capital stock of the Bank. ``(2) Subject to appropriations.--Any subscription under paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.-- ``(1) In general.--For the subscription under subsection (a), there are authorized to be appropriated, without fiscal year limitation, $21,004,064,337 for payment by the Secretary of the Treasury. ``(2) Allocation.--Of the amount authorized by paragraph (1)-- ``(A) $510,090,175 shall be for paid-in shares of the authorized capital stock of the Bank; and ``(B) $20,493,974,162 shall be for callable shares of the authorized capital stock of the Bank.''. SEC. 4. CAPITAL STOCK INCREASE FOR THE AFRICAN DEVELOPMENT BANK. The African Development Bank Act (22 U.S.C. 290i-290i-10) is amended by adding at the end the following: ``SEC. 1344. CAPITAL STOCK INCREASE. ``(a) Subscription Authorized.-- ``(1) In general.--The United States Governor of the Bank may subscribe to 289,391 additional shares of the authorized capital stock of the Bank. ``(2) Subject to appropriations.--Any subscription under paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.-- ``(1) In general.--For the subscription under subsection (a), there are authorized to be appropriated, without fiscal year limitation, $4,322,228,221 for payment by the Secretary of the Treasury. ``(2) Allocation.--Of the amount authorized under paragraph (1)-- ``(A) $259,341,759 shall be for paid-in shares of the authorized capital stock of the Bank; and ``(B) $4,062,886,462 shall be for callable shares of the authorized capital stock of the Bank.''. SEC. 5. CAPITAL STOCK INCREASE FOR THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT. The European Bank for Reconstruction and Development Act (22 U.S.C. 290l-290l-8) is amended by adding at the end the following: ``(12) Capital stock increase.-- ``(A) Subscription authorized.-- ``(i) In general.--The United States Governor of the Bank may subscribe on behalf of the United States to not more than 90,044 additional callable shares of the authorized capital stock of the Bank. ``(ii) Subject to appropriations.--Any subscription under clause (i) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(B) Limitations on authorization of appropriations.--For the subscription under subparagraph (A), there are authorized to be appropriated, without fiscal year limitation, $1,252,331,952 for payment by the Secretary of the Treasury for callable shares of the authorized capital stock of the Bank.''. SEC. 6. TRANSPARENCY AND ACCOUNTABILITY. Title XVI of the International Financial Institutions Act (22 U.S.C. 262-262p-12) is amended by adding at the end the following: ``SEC. 1629. TRANSPARENCY AND ACCOUNTABILITY. ``The Secretary of the Treasury shall instruct the United States Executive Director at the International Bank for Reconstruction and Development, the Inter-American Development Bank, the European Bank for Reconstruction and Development, and the African Development Bank to initiate discussions to advocate and promote efforts to-- ``(1) require the government of each country receiving adjustment or budget support loans to demonstrate transparent budgetary processes including budget publication and public scrutiny before loan or grant approval; ``(2) provide greater public disclosure of loan documents of the respective bank; and ``(3) use technology to improve multilateral development outcomes by making available to the public data about projects carried out using financing provided by the respective bank and about programs of the respective bank.''. SEC. 7. CORRUPTION. Title XVI of the International Financial Institutions Act (22 U.S.C. 262-262p-12) is further amended by adding at the end the following: ``SEC. 1630. CORRUPTION. ``The Secretary of the Treasury shall instruct the United States Executive Director at the International Bank for Reconstruction and Development, the Inter-American Development Bank, the European Bank for Reconstruction and Development, and the African Development Bank to initiate discussions in order to advocate and promote efforts to-- ``(1) implement best practices in domestic laws and international conventions against corruption for whistleblower and witness disclosures, and protections against retaliation for internal and lawful public disclosures by the employees of the respective bank and others affected by the operations of the respective bank who challenge illegality or other misconduct that could threaten the mission of the respective bank, including-- ``(A) best practices for legal burdens of proof; ``(B) access to independent adjudicative bodies; and ``(C) results which eliminate the effects of proven retaliation; and ``(2) implement clear anti-corruption procedures setting forth circumstance under which a person will be barred from receiving a loan, contract, grant, guarantee or credit from the respective bank, and make the procedures available to the public.''. SEC. 8. PROCUREMENT. Title XVI of the International Financial Institutions Act (22 U.S.C. 262-262p-12) is further amended by adding at the end the following: ``SEC. 1631. PROCUREMENT. ``The Secretary of the Treasury shall instruct the United States Executive Director at the International Bank for Reconstruction and Development, the Inter-American Development Bank, the European Bank for Reconstruction and Development, and the African Development Bank to advocate and promote efforts by the respective bank to maintain strong procurement standards that maintain international competitive bidding for projects funded by the respective bank, to maximize broad United States and international participation in accordance with sound procurement practices, including transparency, broad international competition, established standards and documentation for bidding and bid evaluation, and cost-effective results for the borrowers.''. SEC. 9. ARGENTINA. Title XVI of the International Financial Institutions Act (22 U.S.C. 262-262p-12) is further amended by adding at the end the following: ``SEC. 1632. ARGENTINA. ``(a) In General.--The Secretary of the Treasury shall instruct the United States Executive Directors at the International Bank for Reconstruction and Development and the Inter-American Development Bank to-- ``(1) oppose any loan to the government of Argentina (other than a loan that serves basic human needs); and ``(2) to initiate discussions with other executive directors at the respective bank to advocate and vigorously promote efforts to encourage Argentina to normalize relations with its official and private creditors and elsewhere in the international community, including in its dealings with the International Centre for Settlement of Investment Disputes, the Paris Club, the Financial Action Task Force, and the International Monetary Fund, until the Secretary determines and certifies to the Congress that Argentina is normalizing its status in the international community as demonstrated by improved relations with the Financial Action Task Force, the International Monetary Fund, and its official and private creditors, including in the context of compliance with the International Centre for Settlement of Investment Disputes. ``(b) Waiver Authority.--The President may waive the application of subsection (a)(1) if the President determines and reports to Congress that-- ``(1) applying subsection (a)(1) would cause serious harm to the national security of the United States; or ``(2) it is in the vital economic interests of the United States to do so.''.

Supporting Economic and National Security by Maintaining U.S. Leadership in Multilateral Development Banks Act - Amends the Bretton Woods Agreements Act, the Inter-American Development Bank Act, the African Development Bank Act, and the European Bank for Reconstruction and Development Act to authorize the U.S. Governors of the International Bank for Reconstruction and Development, the Inter-American Development Bank, the African Development Bank, and the European Bank for Reconstruction and Development to vote for specified increases in the capital stock of the respective Banks. Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. Executive Directors at such Banks to initiate discussions to advocate and promote efforts to: (1) require the government of each country receiving adjustment or budget support loans to demonstrate transparent budgetary processes before loan or grant approval, (2) provide greater public disclosure of loan documents of the respective bank, and (3) use technology to make available to the public data about projects carried out using Bank financing as well as about programs of the respective Bank. Requires the Secretary to instruct the U.S. Executive Directors at the respective Banks to initiate discussions in order to advocate and promote efforts to: (1) implement best practices in domestic laws and international conventions against corruption for whistleblower and witness disclosures, as well as protections against retaliation for internal and lawful public disclosures by Bank employees and others affected by Bank operations; and (2) implement specified anti-corruption procedures. Requires the Secretary to instruct the U.S. Executive Directors at the respective Banks to advocate and promote efforts to: (1) maintain strong procurement standards that maintain international competitive bidding for projects funded by the respective Bank; and (2) maximize broad U.S. and international participation in accordance with sound procurement practices, including transparency, broad international competition, established standards and documentation for bidding and bid evaluation, and cost-effective results for the borrowers. Directs the Secretary to instruct the U.S. Executive Directors at the International Bank for Reconstruction and Development and the Inter-American Development Bank to: (1) oppose any loan to the government of Argentina (other than one that serves basic human needs); and (2) initiate discussions with other Executive Directors at the respective Bank to advocate and promote vigorously efforts to encourage Argentina to normalize relations with its official and private creditors and elsewhere in the international community, including in its dealings with the International Centre for Settlement of Investment Disputes, the Paris Club, the Financial Action Task Force, and the International Monetary Fund.

To maintain American leadership in multilateral development banks in order to support United States economic and national security by authorizing general capital increases for the International Bank for Reconstruction and Development, the Inter-American Development Bank, the African Development Bank, and the European Bank for Reconstruction and Development, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Authentication Feature and Enhanced Identification Defense Act of 2003'' or ``SAFE ID Act''. SEC. 2. FRAUD AND FALSE STATEMENTS. (a) Offenses.--Section 1028(a) of title 18, United States Code, is amended-- (1) in paragraph (1), by inserting ``, authentication feature,'' after ``an identification document''; (2) in paragraph (2)-- (A) by inserting ``, authentication feature,'' after ``an identification document''; and (B) by inserting ``or feature'' after ``such document''; (3) in paragraph (3), by inserting ``, authentication features,'' after ``possessor)''; (4) in paragraph (4)-- (A) by inserting ``, authentication feature,'' after ``possessor)''; and (B) by inserting ``or feature'' after ``such document''; (5) in paragraph (5), by inserting ``or authentication feature'' after ``implement'' each place that term appears; (6) in paragraph (6)-- (A) by inserting ``or authentication feature'' before ``that is or appears''; (B) by inserting ``or authentication feature'' before ``of the United States''; (C) by inserting ``or feature'' after ``such document''; and (D) by striking ``or'' at the end; (7) in paragraph (7), by inserting ``or'' after the semicolon; and (8) by inserting after paragraph (7) the following: ``(8) knowingly traffics in false authentication features for use in false identification documents, document-making implements, or means of identification;''. (b) Penalties.--Section 1028(b) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by inserting ``, authentication feature,'' before ``or false''; and (ii) in clause (i), by inserting ``or authentication feature'' after ``document''; and (B) in subparagraph (B), by inserting ``, authentication features,'' before ``or false''; and (2) in paragraph (2)(A), by inserting ``, authentication feature,'' before ``or a false''. (c) Circumstances.--Section 1028(c)(1) of title 18, United States Code, is amended by inserting ``, authentication feature,'' before ``or false'' each place that term appears. (d) Definitions.--Section 1028(d) of title 18, United States Code, is amended-- (1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), and (8) as paragraphs (2), (3), (4), (7), (8), (9), (10), and (11), respectively; (2) by inserting before paragraph (2), as redesignated, the following: ``(1) the term `authentication feature' means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified;''; (3) in paragraph (4)(A), as redesignated, by inserting ``or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit'' after ``entity''; (4) by inserting after paragraph (4), as redesignated, the following: ``(5) the term `false authentication feature' means an authentication feature that-- ``(A) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit; ``(B) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority; or ``(C) appears to be genuine, but is not; ``(6) the term `issuing authority'-- ``(A) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features; and ``(B) includes the United States Government, a State, a political subdivision of a State, a foreign government, a political subdivision of a foreign government, or an international government or quasi- governmental organization;''; (5) in paragraph (10), as redesignated, by striking ``and'' at the end; (6) in paragraph (11), as redesignated, by striking the period at the end and inserting ``; and''; and (7) by adding at the end the following: ``(12) the term `traffic' means-- ``(A) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value; or ``(B) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of.''. (e) Additional Penalties.--Section 1028 of title 18, United States Code, is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: ``(h) Forfeiture; Disposition.--In the circumstance in which any person is convicted of a violation of subsection (a), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.''. (f) Technical and Conforming Amendment.--Section 1028 of title 18, United States Code, is amended in the heading by inserting ``, authentication features,'' after ``documents''.

Secure Authentication Feature and Enhanced Identification Defense Act of 2003 (SAFE ID Act) - Amends the Federal criminal code to prohibit knowingly trafficking in false authentication features for use in false identification documents, document-making implements, or means of identification.Directs the court, in addition to any penalty prescribed for fraud and related activity in connection with identification documents and information, to order the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.

A bill to prohibit fraud and related activity in connection with authentication features, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Safety Board Act Amendments of 1994''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 1118(a) of title 49, United States Code, is amended to read as follows: ``(a) In General.--There is authorized to be appropriated for the purposes of this chapter $37,580,000 for fiscal year 1994, $44,000,000 for fiscal year 1995, and $45,100,000 for fiscal year 1996. Such sums shall remain available until expended.''. SEC. 3. APPLICABILITY OF CERTAIN REGULATIONS AND REQUIREMENTS TO THE OPERATION OF PUBLIC AIRCRAFT. (a) Definition of Public Aircraft.--Section 40102(a)(37) of title 49, United States Code, is amended by striking subparagraph (B) and inserting the following: ``(B) does not include a government-owned aircraft-- ``(i) transporting property for commercial purposes; or ``(ii) transporting passengers other than-- ``(I) transporting (for other than commercial purposes) crewmembers or other persons aboard the aircraft whose presence is required to perform, or is associated with the performance of, a governmental function such as firefighting, search and rescue, law enforcement, aeronautical research, or biological or geological resource management; or ``(II) transporting (for other than commercial purposes) persons aboard the aircraft if the aircraft is operated by the Armed Forces or an intelligence agency of the United States. An aircraft described in the preceding sentence shall, notwithstanding any limitation relating to use of the aircraft for commercial purposes, be considered to be a public aircraft for the purposes of this part without regard to whether the aircraft is operated by a unit of government on behalf of another unit of government, pursuant to a cost reimbursement agreement between such units of government, if the unit of government on whose behalf the operation is conducted certifies to the Administrator of the Federal Aviation Administration that the operation was necessary to respond to a significant and imminent threat to life or property (including natural resources) and that no service by a private operator was reasonably available to meet the threat.''. (b) Authority To Grant Exemptions.-- (1) In general.--The Administrator of the Federal Aviation Administration may grant an exemption to any unit of Federal, State, or local government from any requirement of part A of subtitle VII of title 49, United States Code, that would otherwise be applicable to current or future aircraft of such unit of government as a result of the amendment made by subsection (a) of this section. (2) Requirements.--The Administrator may grant an exemption under paragraph (1) only if-- (A) the Administrator finds that granting the exemption is necessary to prevent an undue economic burden on the unit of government; and (B) the Administrator certifies that the aviation safety program of the unit of government is effective and appropriate to ensure safe operations of the type of aircraft operated by the unit of government. (c) Investigative Authority of Board.-- (1) Accidents involving public aircraft.--Section 1131(a)(1)(A) of title 49, United States Code, is amended by inserting before the semicolon at the end the following: ``or an aircraft accident involving a public aircraft as defined by section 40102(a)(37) of this title other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States''. (2) Duties and powers.--Section 1131 of title 49, United States Code, is amended-- (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following: ``(d) Accidents Involving Public Aircraft.--The Board, in furtherance of its investigative duties with respect to public aircraft accidents under subsection (a)(1)(A) of this section, shall have the same duties and powers as are specified for civil aircraft accidents under sections 1132(a), 1132(b), and 1134(b)(2) of this title.''. (d) Effective Date.--The amendments made by subsections (a) and (c) shall take effect on the 180th day following the date of the enactment of this Act. SEC. 4. RELEASE OF RESERVATIONS AND RESTRICTIONS ON CERTAIN PROPERTY LOCATED IN RAPIDES PARISH, LOUISIANA. (a) Release.--Notwithstanding any other provision of law, and except as provided in subsections (b) and (d), the United States releases without consideration all reservations, restrictions, conditions, and limitations on the use, encumbrance, or conveyance of certain real property (together with any improvements thereon and easements appurtenant thereto) consisting of approximately 1,991.53 acres of land and located in Rapides Parish, Louisiana, the location of Esler Field, as identified in the deed of conveyance from the United States to the Parish of Rapides, Louisiana, dated January 23, 1958, to the extent such reservations, restrictions, conditions, and limitations are enforceable by the United States. (b) Exceptions.--The United States reserves the right of reentry upon or use of the property described in subsection (a) for national defense purposes in time of war or other national emergency without charge. The release provided by subsection (a) does not apply to any conditions or assurances associated with (1) the continued nonexclusive use without charge of the airport and use of space at the airport, without charge, by the Louisiana National Guard, (2) the nonexclusive use of the airport by transient military aircraft without charge, or (3) the nonexclusive use of the airport by transient military aircraft without charge during periods of maneuvers. (c) Limitation on Statutory Construction.--Nothing in this section shall be construed to affect the disposition or ownership of oil, gas, or other mineral resources either in or under the surface of the real property described in subsection (a). (d) Federal Aviation Administration.-- (1) Nonapplicability of release to grant agreements.--The release described in subsection (a) does not apply to any conditions and assurances associated with existing airport grant agreements between the Rapides Parish Airport Authority/Esler Field and the Federal Aviation Administration. (2) Agreement.--Notwithstanding any other provisions of law, the Administrator of the Federal Aviation Administration shall enter into an agreement with the Airport Authority of Rapides Parish, Louisiana, to provide for the terms and conditions under which the real property described in subsection (a) may be used, leased, sold, or otherwise disposed. The agreement shall be concluded not later than 180 days after the date of the enactment of this Act. (e) Effective Date.--This section shall take effect on the 180th day following the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Independent Safety Board Act Amendments of 1994 - Amends Federal transportation law to authorize appropriations for FY 1994 through 1996 for the National Transportation Safety Board (NTSB). (Sec. 3) Revises the application of Federal Aviation Administration (FAA) economic and safety requirements to public aircraft (aircraft used exclusively in the service of any Federal, State, or local government, except government-owned aircraft engaged in transporting persons or property for commercial purposes). Revises the definition of "public aircraft" to include provision of non- commercial passenger transportation of crewmembers or other persons aboard such aircraft for a governmental function such as firefighting, search and rescue, law enforcement, aeronautical research, or biological or geological resource management. Authorizes the Administrator of the FAA (Administrator) to exempt such aircraft from such requirements if he: (1) finds that such exemption is necessary to prevent undue economic burden on the government unit which owns and operates or exclusively leases it; and (2) certifies that the government unit's aviation safety program is effective to ensure the safe operation of such aircraft. Grants the NTSB authority to investigate nonmilitary public aircraft accidents. (Sec. 4) Declares that the United States releases, without consideration, all reservations, restrictions, conditions, and limitations contained in a certain deed conveying certain property, known as Esler Field, to the Parish of Rapides, Louisiana. Sets forth specified exceptions. Requires the Administrator to enter into an agreement with the Airport Authority of Rapides Parish, Louisiana, to provide for the terms and conditions under which such real property may be used, leased, sold, or otherwise disposed.

Independent Safety Board Act Amendments of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Retirement Savings Act of 2016''. SEC. 2. STATE-SPONSORED MULTIPLE EMPLOYER PLANS. Part 2 of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 10151 et seq.) is amended by adding at the end the following: ``SEC. 212. STATE-SPONSORED MULTIPLE EMPLOYER PLANS. ``(a) In General.--Any State may establish a plan described in section 210(a). Such plan shall not be considered a governmental plan solely because it is established and administered by a State, provided the plan is in compliance with the requirements of this section. ``(b) Requirements.--A State multiple employer plan shall-- ``(1) be established by a State pursuant to State law; ``(2) be open to all employers in the State; ``(3) not require participation from any employer, including any employer described in section 401(c)(4) of the Internal Revenue Code of 1986; ``(4) be subject to all requirements of this Act that apply to a plan described in section 210(a); and ``(5) provide for an opt-out for all employees of a participating employer, if the plan provides for automatic enrollment. ``(c) Plan Sponsor, Fiduciary, and Administrator.--The plan sponsor, named fiduciary, and plan administrator of a State-sponsored plan described in subsection (a) shall be the State. ``(d) Enrollment of Individual Employees.-- ``(1) In general.--A State multiple employer plan may enroll individuals directly in such plan, if such individuals are employed by employers who do not participate in the State plan. ``(2) Employer participation.--The State plan shall not require employer participation in the form of contributions, bonuses, or monetary incentives in the case of individual employee participation under paragraph (1). ``(e) Tax Treatment.-- ``(1) Treatment of contributions.--Contributions made to a State multiple employer plan shall be treated in the same manner for purposes of section 401 of the Internal Revenue Code of 1986 as contributions to any other multiple employer plan described in section 210(a). ``(2) Treatment of plan.--A State plan described in subsection (a) shall be treated as a plan subject to section 413(c) of the Internal Revenue Code of 1986.''. SEC. 3. CERTAIN STATE SAVINGS PROGRAMS. (a) In General.--A State may establish and maintain a State payroll deduction savings program (referred to in this section as a ``program'') that provides individual retirement plans (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986). Such plan shall not be considered an employee pension benefit plan under section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)), provided that-- (1) the program is established by a State pursuant to State law; (2) the program is implemented and administered by the State establishing the program, and such State is responsible for investing the employee savings or for selecting investment alternatives for employees to choose; (3) the State assumes responsibility for the security of payroll deductions and employee savings; (4) the State adopts measures to ensure that employees are notified of their rights under the program, and creates a mechanism for enforcement of such rights; (5) participation in the program is voluntary for employees; (6) all rights of the employee, former employee, or beneficiary under the program are enforceable only by the employee, former employee, or beneficiary, an authorized representative of such a person, or by the State; (7) except for employer contributions allowed under subsection (b), the involvement of the employer is limited to-- (A) collecting employee contributions through payroll deductions and remitting them to the program; (B) providing notice to the employees and maintaining records regarding the employer's collection and remittance of payments under the program; (C) providing information to the State necessary to facilitate the operation of the program; and (D) distributing program information to employees from the State and permitting the State or such entity to publicize the program to employees; (8) the employer's participation in the program is required by State law; (9) the employer has no discretionary authority, control, or responsibility under the program; and (10) the employer receives no direct or indirect consideration in the form of cash or otherwise, other than the reimbursement of the actual costs of the program to the employer of the activities described in paragraph (8). (b) Employer Contributions to an Employee Account in a State Savings Program; Financial Incentives Allowed.--A State savings program described in subsection (a)-- (1) may permit an employer to contribute funds to an employee's account under the payroll deduction savings program, and need not require an employer to make contributions to employee accounts, provide bonuses, or other monetary incentives to employees to participate in the program; (2) may permit an employer to provide bonuses or other monetary incentive to employees to participate in the program; (3) may be offered to employees who are already eligible for some other workplace savings arrangement; (4) may utilize one or more service or investment providers to operate and administer the program, provided that the State retains full responsibility for the operation and administration of the program; and (5) shall treat employees as having automatically elected payroll deductions in an amount or percentage of compensation, including any automatic increases in such amount or percentage, specified under State law until the employee specifically elects not to have such deductions made (or specifically elects to have the deductions made in a different amount or percentage of compensation allowed by the program), provided that the employee is given adequate notice of the right to make such elections, and need not provide for the automatic deductions. (c) Definitions.--For purposes of this section-- (1) the term ``State'' has the meaning given such term in section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002), and, in the case of a State that has not established a State payroll deduction savings program described in subsection (a), includes any qualified political subdivision of a State; and (2) the term ``qualified political subdivision'' means any governmental unit of a State, including a city, county, or similar governmental body, that-- (A) has the implicit or explicit authority under State law to require employer participation in a retirement savings account program described in subsection (a); and (B) has a population equal to or greater than the population of the least populated of the 50 States (excluding the District of Columbia and the territories). (d) Clarification.--Section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)) is amended by adding at the end the following: ``(C) A State payroll deduction savings program established in accordance with section 3 of the State Retirement Savings Act of 2016 is not an `employee pension benefit plan' or `pension plan' for purposes of this title.''.

State Retirement Savings Act of 2016 This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to authorize and establish requirements for: (1) state-sponsored multiple employer retirement plans, and (2) state-managed payroll deduction savings programs that provide individual retirement plans.

State Retirement Savings Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Copyright Improvement Act of 1997''. SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS. (a) Definition of Financial Gain.--Section 101 of title 17, United States Code, is amended by inserting after the undesignated paragraph relating to the term ``display'', the following new paragraph: ``The term `financial gain' includes receipt of anything of value, including the receipt of other copyrighted works.''. (b) Criminal Offenses.--Section 506(a) of title 17, United States Code, is amended to read as follows: ``(a) Criminal Infringement.--Any person who infringes a copyright willfully either-- ``(1) for purposes of commercial advantage or private financial gain; or ``(2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 10 or more copies, of 1 or more copyrighted works, and the total retail value of the copyrighted work or the total retail value of the copies of such work is $5,000 or more, shall be punished as provided under section 2319 of title 18.''. (c) Limitation on Criminal Proceedings.--Section 507(a) of title 17, United States Code, is amended by striking ``three'' and inserting ``five''. (d) Criminal Infringement of a Copyright.--Section 2319 of title 18, United States Code, is amended-- (1) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``subsection (a) of this section'' and inserting ``section 506(a)(1) of title 17''; (B) in paragraph (1)-- (i) by inserting ``including by electronic means,'' after ``if the offense consists of the reproduction or distribution,''; and (ii) by striking ``with a retail value of more than $2,500'' and inserting ``which have a total retail value of more than $5,000''; and (C) in paragraph (3) by inserting before the semicolon ``under this subsection''; and (2) by redesignating subsection (c) as subsection (e) and inserting after subsection (b) the following: ``(c) Any person who commits an offense under section 506(a)(2) of title 17-- ``(1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of 10 or more copies of 1 or more copyrighted works, and the total retail value of the copyrighted work or the total retail value of the copies of such work is $10,000 or more; ``(2) shall be imprisoned not more than 1 year or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means during any 180-day period, of 10 or more copies of 1 or more copyrighted works, and the total retail value of the copyrighted works or the total retail value of the copies of such works is $5,000 or more; and ``(3) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent felony offense under paragraph (1). ``(d)(1) During preparation of the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate works affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such works; and ``(C) the legal representatives of such producers, sellers, and holders.''. (e) Unauthorized Fixation and Trafficking of Live Musical Performances.--Section 2319A of title 18, United States Code, is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: ``(d) Victim Impact Statement.--(1) During preparation of the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate works affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such works; and ``(C) the legal representatives of such producers, sellers, and holders.''. (f) Trafficking in Counterfeit Goods or Services.--Section 2320 of title 18, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (f) and transferring such subsection to the end of the section; (2) by redesignating subsection (e) as subsection (d); and (3) by inserting after subsection (d) (as redesignated by paragraph (2) of this subsection) the following: ``(e)(1) During preparation of the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate goods or services affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such goods or services; and ``(C) the legal representatives of such producers, sellers, and holders.''. (g) Directive to Sentencing Commission.-- (1) In general.--Under the authority of the Sentencing Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987) and section 21 of the Sentencing Act of 1987 (Public Law 100-182; 101 Stat. 1271; 18 U.S.C. 994 note) (including the authority to amend the sentencing guidelines and policy statements), the United States Sentencing Commission shall ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property (including offenses set forth at section 506(a) of title 17, United States Code, and sections 2319, 2319A and 2320 of title 18, United States Code)-- (A) is sufficiently stringent to deter such a crime; (B) adequately reflects the additional considerations set forth in paragraph (2) of this subsection; and (C) takes into account more than minimal planning and other aggravating factors. (2) Implementation.--In implementing paragraph (1), the Sentencing Commission shall ensure that the guidelines provide for consideration of the retail value of the legitimate items that are infringed upon and the quantity of items so infringed.

Criminal Copyright Improvement Act of 1997 - Amends Federal copyright law to define "financial gain" to include the receipt of anything of value, including the receipt of other copyrighted works. Sets penalties for willfully infringing a copyright by reproducing or distributing, including by electronic means, during any 180-day period, ten or more copies of one or more copyrighted works where such works or copies have a total retail value of $5,000 or more. Extends the statute of limitations for criminal copyright infringement from three to five years. Revises Federal criminal code provisions regarding criminal copyright infringement to provide for a fine and up to five years' imprisonment for infringing a copyright for purposes of commercial advantage or private financial gain, by reproducing or distributing, including by electronic means, during any 180-day period, at least ten copies or phonorecords of one or more copyrighted works which have a total retail value of more than $5,000. Provides for: (1) up to three years' imprisonment and fines in any other such infringement case (without commercial gain intent), based on the retail value of the works; and (2) up to six years' imprisonment and a fine for a second or subsequent felony offense in such cases. Requires, during preparation of the presentence report in cases of criminal copyright infringement, unauthorized fixation and trafficking of live musical performances, and trafficking in counterfeit goods or services, that victims of the offense be permitted to submit, and the probation officer receive, a victim impact statement that identifies the victim and the extent and scope of the victim's injury and loss, including the estimated economic impact of the offense on that victim. Directs the U.S. Sentencing Commission to ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property is sufficiently stringent to deter such a crime, adequately reflects consideration of the retail value of the legitimate items that are infringed upon and the quantity of items so infringed, and takes into account more than minimal planning and other aggravating factors.

Criminal Copyright Improvement Act of 1997

SECTION 1. REPEAL OF ALTERNATIVE MINIMUM TAX ON INDIVIDUALS. (a) In General.--Subsection (a) of section 55 of the Internal Revenue Code of 1986 (relating to alternative minimum tax imposed) is amended by adding at the end the following new flush sentence: ``Except in the case of a corporation, no tax shall be imposed by this section for any taxable year beginning after December 31, 2001, and the tentative minimum tax of any taxpayer other than a corporation shall be zero for purposes of this title.''. (b) Conforming Amendments.-- (1) Subparagraph (B) of section 1(g)(7) of the Internal Revenue Code of 1986 is amended by adding ``and'' at the end of clause (i), by striking ``, and'' at the end of clause (ii) and inserting a period, and by striking clause (iii). (2) Section 2(d) of such Code is amended by striking ``sections 1 and 55'' and inserting ``section 1''. (3) Section 5(a) of such Code is amended by striking paragraph (4). (4) Subsection (c) of section 26 of such Code is amended by inserting before the period ``; except that such amount shall be treated as being zero in the case of a taxpayer other than a corporation.'' (5) Paragraph (6) of section 29(b) of such Code is amended to read as follows: ``(6) Application with other credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and section 27. In the case of a corporation, the limitation under the preceding sentence shall be reduced (but not below zero) by the tentative minimum tax for the taxable year.''. (6) Paragraph (3) of section 30(b) of such Code is amended to read as follows: ``(3) Application with other credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27 and 29. In the case of a corporation, the limitation under the preceding sentence shall be reduced (but not below zero) by the tentative minimum tax for the taxable year.''. (7) Section 32 of such Code is amended by striking subsection (h). (8) Subsection (d) of section 53 of such Code is amended to read as follows: ``(d) Definitions.--For purposes of this section-- ``(1) Net minimum tax.--The term `net minimum tax' means the tax imposed by section 55 increased by the amount of the credit not allowed under section 29 (relating to credit for producing fuel from a nonconventional source) solely by reason of the application of the last sentence of section 29(b)(6), or not allowed under section 30 solely by reason of the application of the last sentence of section 30(b)(3). ``(2) Tentative minimum tax.--The term `tentative minimum tax' has the meaning given to such term by section 55(b); except that such tax shall be treated as being zero in the case of a taxpayer other than a corporation.''. (9)(A) Subsection (b) of section 55 of such Code (relating to alternative minimum tax imposed) is amended to read as follows: ``(b) Tentative Minimum Tax.--For purposes of this part-- ``(1) Amount of tentative tax.--The tentative minimum tax for the taxable year is-- ``(A) 20 percent of so much of the alternative minimum taxable income for the taxable year as exceeds the exemption amount, reduced by ``(B) the alternative minimum tax foreign tax credit for the taxable year. ``(2) Alternative minimum taxable income.--The term `alternative minimum taxable income' means the taxable income of the taxpayer for the taxable year-- ``(A) determined with the adjustments provided in section 56, and ``(B) increased by the amount of the items of tax preference described in section 57. If a taxpayer is subject to the regular tax, such taxpayer shall be subject to the tax imposed by this section (and, if the regular tax is determined by reference to an amount other than taxable income, such amount shall be treated as the taxable income of such taxpayer for purposes of the preceding sentence).''. (B) Subsection (d) of section 55 of such Code is amended to read as follows: ``(d) Exemption Amount.--For purposes of this section-- ``(1) In general.--The term `exemption amount' means $40,000. ``(2) Phase-out of exemption amount.--The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount equal to 25 percent of the amount by which the alternative minimum taxable income of the taxpayer exceeds $150,000.''. (10)(A) Paragraph (6) of section 56(a) of such Code is amended to read as follows: ``(6) Adjusted basis.--The adjusted basis of any property to which paragraph (1) or (5) applies (or with respect to which there are any expenditures to which paragraph (2) applies) shall be determined on the basis of the treatment prescribed in paragraph (1), (2), or (5), whichever applies.''. (B) Section 56 of such Code is amended by striking subsection (b). (C) Subsection (c) of section 56 of such Code is amended by striking so much of the subsection as precedes paragraph (1), by redesignating paragraphs (1), (2), and (3) as paragraphs (8), (9), and (10), respectively, and moving them to the end of subsection (a). (D) Paragraph (8) of section 56(a) of such Code, as redesignating by subparagraph (C), is amended by striking ``subsection (g)'' and inserting ``subsection (c)''. (E) Section 56 of such Code is amended by striking subsection (e) and by redesignating subsections (d) and (g) as subsections (b) and (c), respectively. (11)(A) Section 58 of such Code is repealed. (B) Clause (i) of section 56(b)(2)(A) of such Code (as redesignated by paragraph (10)(E), is amended by inserting ``, in the case of taxable years beginning before January 1, 2002,'' before ``section 58''. (C) Subsection (h) of section 59 of such Code is amended-- (i) by striking ``, 465, and 1366(d)'' and inserting ``and 465'', and (ii) by striking ``56, 57, and 58'' and inserting ``56 and 57''. (12)(A) Subparagraph (C) of section 59(a)(1) of such Code is amended by striking ``subparagraph (A)(i) or (B)(i) of section 55(b)(1) (whichever applies)'' and inserting ``section 55(b)(1)(A)''. (B) Paragraph (3) of section 59(a) of such Code is amended to read as follows: ``(3) Pre-credit tentative minimum tax.--For purposes of this subsection, the term `pre-credit tentative minimum tax' means the amount determined under section 55(b)(1)(A).''. (C) Section 59 of such Code is amended by striking subsection (c). (D) Section 59 of such Code is amended by striking subsection (j). (13) Paragraph (7) of section 382(l) of such Code is amended by striking ``section 56(d)'' and inserting ``section 56(b)''. (14) Paragraph (2) of section 641(c) of such Code is amended by striking subparagraph (B) and by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (15) Subsections (b) and (c) of section 666 of such Code are each amended by striking ``(other than the tax imposed by section 55)''. (16) Subsections (c)(5) and (d)(3)(B) of section 772 of such Code are each amended by striking ``56, 57, and 58'' and inserting ``56 and 57''. (17) Sections 847 and 848(i) of such Code are each amended by striking ``section 56(g)'' and inserting ``section 56(c)''. (18) Sections 871(b)(1) and 877(b) of such Code are each amended by striking ``or 55''. (19) Subsection (a) of section 897 of such Code is amended to read as follows: ``(a) General Rule.--For purposes of this title, gain or loss of a nonresident alien individual or a foreign corporation from the disposition of a United States real property interest shall be taken into account-- ``(1) in the case of a nonresident alien individual, under section 871(b)(1), or ``(2) in the case of a foreign corporation, under section 882(a)(1), as if the taxpayer were engaged in a trade or business within the United States during the taxable year and as if such gain or loss were effectively connected with such trade or business.''. (20) Paragraph (1) of section 962(a) of such Code is amended by striking ``sections 1 and 55'' and inserting ``section 1''. (21) Paragraph (1) of section 1397E(c) of such Code is amended to read as follows: ``(1) the regular tax liability (as defined in section 26(b), over'' (22) The last sentence of section 1563(a) of such Code is amended by striking ``section 55(d)(3)'' and inserting ``section 55(d)(2)''. (23) Subparagraph (B) of section 6015(d)(2) of such Code is amended by striking ``or 55''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Amends the Internal Revenue Code to repeal the alternative minimum tax on individuals.

A bill to amend the Internal Revenue Code of 1986 to repeal the alternative minimum tax on individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard and Reserve Mental Health Access Act of 2008''. SEC. 2. IMPLEMENTATION OF YELLOW RIBBON REINTEGRATION PROGRAM FOR MEMBERS OF THE NATIONAL GUARD AND RESERVE. (a) Deadline for Implementation.--The Secretary of Defense shall establish the Yellow Ribbon Reintegration Program for members of the National Guard and Reserve and their families required by section 582 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 122; 10 U.S.C. 10101 note) by not later than 180 days after the date of the enactment of this Act. (b) Report on Implementation of Program.-- (1) Report required.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of the Yellow Ribbon Reintegration Program. (2) Elements.--The report required by paragraph (1) shall include the following: (A) A description and assessment of the implementation of the Yellow Ribbon Reintegration Program as of the date of the report. (B) Such recommendations as the Under Secretary considers appropriate for legislative or administration action to improve the Yellow Ribbon Reintegration Program. (C) A description of any additional resources required to assure the full implementation of the Yellow Ribbon Reintegration Program. SEC. 3. JOINT PSYCHOLOGICAL HEALTH PROGRAM. (a) Program Required.-- (1) In general.--The Secretary of Defense shall, acting through the Chief of the National Guard Bureau, carry out a program for the purposes as follows: (A) To improve access to psychological health care and services for members of the National Guard and their families. (B) To improve coordination among the components of the Department of Defense in the provision of psychological health care to members of the National Guard during their transition from active duty in the Armed Forces to civilian life. (C) To coordinate and oversee efforts of the Department of Defense to assist members of the National Guard with mental illness and members of the National Guard with Traumatic Brain Injury (TBI) post- deployment. (2) Designation of program.--The program under this section shall be known as the ``Joint Psychological Health Program'' (in this section referred to as the ``Program''). (b) Directors of Psychological Health.-- (1) In general.--In carrying out the Program, the Chief of the National Guard Bureau shall assign within the National Guard Bureau two individuals to positions as follows: (A) Director of Psychological Health of the Army National Guard of the United States. (B) Director of Psychological Health of the Air National Guard of the United States. (2) Qualifications.--Each individual assigned to a position under paragraph (1) shall have such qualifications and expertise as the Chief of the National Guard Bureau considers appropriate for such position. (3) Duties.--A Director of Psychological Health under paragraph (1) shall carry out such duties with respect to the component of the National Guard concerned as are provided by law or by the Chief of the National Guard Bureau. (c) Program Elements.-- (1) State networks of psychological health professionals.-- The Program shall consist of a network of psychological health professionals in each State and Territory, the District of Columbia, and the Commonwealth of Puerto Rico in order to carry out programs and activities for the purposes of the Program. (2) Directors.-- (A) In general.--Each network of psychological health professionals established pursuant to paragraph (1) for a State or Territory, the District of Columbia, or the Commonwealth of Puerto Rico shall be overseen and coordinated for the purposes of the Program by a Director who shall be selected by the Chief of the National Guard Bureau from among individuals who meet such psychology licensure or certification requirements as the Chief of the National Guard Bureau considers appropriate. (B) Contract position.--An individual selected to serve as a Director under paragraph (1) shall serve as a Director pursuant to a contract entered into by such individual for purposes of the Program. (C) Duties.--Each Director under this paragraph shall have the duties as follows: (i) To coordinate and oversee programs and activities under the Program in the jurisdiction concerned. (ii) To work with applicable Federal, State, and community agencies to develop and implement a comprehensive plan for responding to the psychological needs of members of the National Guard and their families for the purposes of the Program. (iii) To develop, coordinate, and oversee programs and activities to inform members of the National Guard and their families on how to access behavioral health services. (iv) To develop, coordinate, and oversee programs and activities of education and training for leadership of the National Guard on matters relating to the psychological health of members of the National Guard. (v) To develop, coordinate, and oversee programs and activities to assist members of the National Guard and their families in building psychological fitness and resilience while dispelling the stigma associated with seeking and obtaining mental health services. (vi) To develop, coordinate, and oversee programs and activities to coordinate psychological care for members of the National Guard during their transition from Warrior Transitions Units (WTUs) to their local communities. (vii) To improve access of members of the National Guard and their families to psychological care through coordination with appropriate State agencies and community-based behavioral health services providers. (viii) To develop and implement assessments of the resource needs of community-based behavior health service providers in order to provide members of the National Guard and their families with the behavioral health services they require. (ix) To coordinate with other psychological health components of and for the reserve components of the Armed Forces. (x) To coordinate and oversee implementation of other Department of Defense initiatives to ensure that members of the National Guard and their families are aware of and informed about the psychological health initiatives of the Department of Defense. (xi) To participate in national and regional work groups developing programs and activities to address the psychological needs of members of the National Guard and their families. (xii) To conduct outreach to and education for families of members of the National Guard on recognition of mental health problems, including Post Traumatic Stress Disorder (PTSD) and other mental health problems, in members of the National Guard. (3) National guard psychological health council.-- (A) In general.--The Chief of the National Guard Bureau shall establish for the purposes of the Program a council to be known as the ``National Guard Psychological Health Council''. (B) Membership.--The members of the National Guard Psychological Health Council shall be the Directors of Psychological Health assigned under subsection (b) and the Directors of Psychological Health under paragraph (2). (C) Organization.--The National Guard Psychological Health Council may carry out its duties on a national or regional basis as considered appropriate by the Council. (D) Duties.--The National Guard Psychological Health Council shall have the following duties: (i) To oversee and coordinate the development of the Program and any programs and activities to be carried out under the Program. (ii) To ensure consistency nationally in the programs and activities to be carried out under the Program. (iii) To act as advisors to the Chief of the National Guard Bureau for all matters relating to the psychological needs of members of the National Guard and their families. (iv) To ensure the dissemination of best practices in behavioral health care services to providers of behavioral health care services to members of the National Guard and their families. (v) To develop uniform standards for measuring success in the provision of behavioral health care services to members of the National Guard and their families. (4) Collaboration.-- (A) In general.--The National Guard Bureau and the Department of Defense shall work collaboratively in implementing and carrying out the Program. (B) Other collaboration.--In carrying out programs and activities under the Program, the Directors of Psychological Health assigned under subsection (b) and the Directors of Psychological Health under paragraph (2) shall work with the following: (i) The Department of Veterans Affairs. (ii) The Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services. (iii) Appropriate State agencies, including State mental health agencies and State veterans agencies. (d) Territory Defined.--In this section, the term ``Territory'' has the meaning given that term in section 101(1) of title 32, United States Code. (e) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Defense for fiscal year 2009 for operation and maintenance, $8,035,000, which shall be available for the Joint Psychological Health Program under this section in that fiscal year. SEC. 4. PILOT PROGRAMS ON PRE-DEPLOYMENT AND POST-DEPLOYMENT TELEMENTAL HEALTH SERVICES FOR MEMBERS OF THE NATIONAL GUARD AND RESERVE. (a) Pilot Programs Required.-- (1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly carry out one or more pilot programs on the provision of mental health services to members of the National Guard and Reserve, both before and after deployment, through telemental health technologies in order to assess the feasability and advisability of utilizing of such technologies for the provision of mental health services to members of the National Guard and Reserve both before and after deployment. (2) Discharge with respect to national guard.--Each pilot program carried out under this section with respect to members of the National Guard shall be carried out in consultation with the Chief of the National Guard Bureau. (3) Coordination.--The Secretary of Defense and the Secretary of Veterans Affairs shall carry out the pilot programs in coordination with the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services and such other departments and agencies of the Federal Government as the Secretaries consider appropriate to assure quality in the provision of mental health services to members of the National Guard and Reserve under the pilot programs. (b) Program Requirements.-- (1) Locations.-- (A) In general.--The pilot programs under this section shall be carried out in such location or locations as the Secretary of Defense and the Secretary of Veterans Affairs shall jointly select. (B) Emphasis on services to members in rural areas.--In selecting locations for pilot programs, the Secretary of Defense and the Secretary of Veterans Affairs shall afford an emphasis to locations in which services under the pilot programs are provided to members of the National Guard and Reserve residing in a rural area. (2) Utilization of evidence-based practices.--Each pilot program under this section shall utilize telemental health technologies that have proven effective in the provision of mental health services to members of the Armed Forces. (c) Report.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on the pilot programs carried out under this section. (2) Elements.--The report under paragraph (1) shall including a description of each pilot program carried out under this section, including-- (A) the types of mental health services provided; (B) the types of telemental health technologies utilized in providing such services; (C) the number of members of the National Guard and Reserve provided such services; and (D) the outcomes for members of the National Guard and Reserve in receiving such services. (d) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Defense for fiscal year 2009 for operation and maintenance, $2,005,000, to carry out pilot programs under this section in such fiscal year. SEC. 5. ANTI-STIGMA CAMPAIGN REGARDING MENTAL HEALTH SERVICES AMONG MEMBERS OF THE NATIONAL GUARD AND RESERVE RETURNING FROM DEPLOYMENT AND THEIR FAMILIES. (a) Campaign Required.-- (1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly carry out a program of outreach intended to reduce the stigma among members of the National Guard and Reserve returning from deployment, and their families, associated with seeking and obtaining mental health services. (2) Discharge with respect to national guard.--The campaign carried out under this section with respect to members of the National Guard shall be carried out in consultation with the Chief of the National Guard Bureau. (3) Coordination.--The Secretary of Defense and the Secretary of Veterans Affairs shall carry out the campaign in coordination with the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services. (b) Elements.--In carrying out the campaign required by this section, the Secretary of Defense and the Secretary of Veterans Affairs shall carry out such programs and activities (including the award of contracts, grants, and cooperative agreements with appropriate entities) as the Secretaries consider appropriate to reduce the stigma among members of the National Guard and Reserve returning from deployment, and their families, associated with seeking and obtaining mental health services. (c) Authorization of Appropriations.--There is hereby authorized to be appropriated for fiscal year 2009, $2,000,000, to carry out this section.

National Guard and Reserve Mental Health Access Act of 2008 - Requires the Secretary of Defense to: (1) provide for the implementation of the Yellow Ribbon Reintegration Program for members of the National Guard and reserves and their families required by section 582 of the National Defense Authorization Act for Fiscal Year 2008 by not later than 180 days after the date of the enactment of this Act; and (2) report to the congressional defense committees on that Program's implementation. Directs the Secretary to carry out a joint psychological health program to: (1) increase access to and the provision of psychological health care and related services for members of the National Guard following their deployment, and their families; (2) improve coordination among DOD components in the provision of such care during members' transition from active duty to civilian life; and (3) coordinate and oversee DOD efforts to assist members of the National Guard with mental illness and members with traumatic brain injury post-deployment. Requires the Chief of the National Guard Bureau to establish the National Guard Psychological Health Council. Directs the Secretaries of Defense and Veterans Affairs to jointly carry out: (1) one or more pilot programs on the provision of mental health services to members of the National Guard and reserves, both before and after deployment, through telemental health technologies; and (2) an outreach program intended to reduce the stigma, among members of the National Guard and reserves returning from deployment, and their families, associated with seeking and obtaining mental health services.

A bill to expand and improve mental health care and reintegration programs for members of the National Guard and Reserve, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Integrity Act of 1999''. TITLE I--SOFT MONEY AND CONTRIBUTIONS AND EXPENDITURES OF POLITICAL PARTIES SEC. 101. BAN ON SOFT MONEY OF NATIONAL POLITICAL PARTIES AND CANDIDATES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``ban on use of soft money by national political parties and candidates ``Sec. 323. (a) National Parties.--A national committee of a political party, including the national congressional campaign committees of a political party, and any officers or agents of such party committees, may not solicit, receive, or direct any contributions, donations, or transfers of funds, or spend any funds, which are not subject to the limitations, prohibitions, and reporting requirements of this Act. This subsection shall apply to any entity that is established, financed, maintained, or controlled (directly or indirectly) by, or acting on behalf of, a national committee of a political party, including the national congressional campaign committees of a political party, and any officers or agents of such party committees. ``(b) Candidates.-- ``(1) In general.--No candidate for Federal office, individual holding Federal office, or any agent of such candidate or officeholder may solicit, receive, or direct-- ``(A) any funds in connection with any Federal election unless such funds are subject to the limitations, prohibitions and reporting requirements of this Act; ``(B) any funds that are to be expended in connection with any election for other than a Federal office unless such funds are not in excess of the amounts permitted with respect to contributions to Federal candidates and political committees under section 315(a)(1) and (2), and are not from sources prohibited from making contributions by this Act with respect to elections for Federal office; or ``(C) any funds on behalf of any person which are not subject to the limitations, prohibitions, and reporting requirements of this Act if such funds are for the purpose of financing any activity on behalf of a candidate for election for Federal office or any communication which refers to a clearly identified candidate for election for Federal office. ``(2) Exception for certain activities.--Paragraph (1) shall not apply to-- ``(A) the solicitation or receipt of funds by an individual who is a candidate for a non-Federal office if such activity is permitted under State law for such individual's non-Federal campaign committee; or ``(B) the attendance by an individual who holds Federal office or is a candidate for election for Federal office at a fundraising event for a State or local committee of a political party of the State which the individual represents or seeks to represent as a Federal officeholder, if the event is held in such State. ``(c) Prohibiting Transfers of Non-Federal Funds Between State Parties.--A State committee of a political party may not transfer any funds to a State committee of a political party of another State unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act. ``(d) Applicability to Funds From All Sources.--This section shall apply with respect to funds of any individual, corporation, labor organization, or other person.''. SEC. 102. INCREASE IN AGGREGATE ANNUAL LIMIT ON CONTRIBUTIONS BY INDIVIDUALS TO POLITICAL PARTIES. (a) In General.--The first sentence of section 315(a)(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is amended by striking ``in any calendar year'' and inserting the following: ``to political committees of political parties, or contributions aggregating more than $25,000 to any other persons, in any calendar year''. (b) Conforming Amendment.--Section 315(a)(1)(B) of such Act (2 U.S.C. 441a(a)(1)(B)) is amended by striking ``$20,000'' and inserting ``$25,000''. SEC. 103. REPEAL OF LIMITATIONS ON AMOUNT OF COORDINATED EXPENDITURES BY POLITICAL PARTIES. (a) In General.--Section 315(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(d)) is amended by striking paragraphs (2) and (3). (b) Conforming Amendments.--Section 315(d)(1) of such Act (2 U.S.C. 441a(d)(1)) is amended-- (1) by striking ``(d)(1)'' and inserting ``(d)''; and (2) by striking ``, subject to the limitations contained in paragraphs (2) and (3) of this subsection''. SEC. 104. INCREASE IN LIMIT ON CONTRIBUTIONS BY MULTICANDIDATE POLITICAL COMMITTEES TO NATIONAL POLITICAL PARTIES. Section 315(a)(2)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(B)) is amended by striking ``$15,000'' and inserting ``$20,000''. TITLE II--INDEXING CONTRIBUTION LIMITS SEC. 201. INDEXING CONTRIBUTION LIMITS. Section 315(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended by adding at the end the following new paragraph: ``(3)(A) The amount of each limitation established under subsection (a) shall be adjusted as follows: ``(i) For calendar year 2001, each such amount shall be equal to the amount described in such subsection, increased (in a compounded manner) by the percentage increase in the price index (as defined in subsection (c)(2)) for each of the years 1999 through 2000. ``(ii) For calendar year 2005 and each fourth subsequent year, each such amount shall be equal to the amount for the fourth previous year (as adjusted under this subparagraph), increased (in a compounded manner) by the percentage increase in the price index for each of the four previous years. ``(B) In the case of any amount adjusted under this subparagraph which is not a multiple of $100, the amount shall be rounded to the nearest multiple of $100.''. TITLE III--EXPANDING DISCLOSURE OF CAMPAIGN FINANCE INFORMATION SEC. 301. DISCLOSURE OF CERTAIN COMMUNICATIONS. (a) In General.--Any person who expends an aggregate amount of funds during a calendar year in excess of $25,000 for communications described in subsection (b) relating to a single candidate for election for Federal office (or an aggregate amount of funds during a calendar year in excess of $100,000 for all such communications relating to all such candidates) shall file a report describing the amount expended for such communications, together with the person's address and phone number (or, if appropriate, the address and phone number of the person's principal officer). (b) Communications Described.--A communication described in this subsection is any communication which is broadcast to the general public through radio or television and which mentions or includes (by name, representation, or likeness) any candidate for election for Senator or for Representative in (or Delegate or Resident Commissioner to) the Congress, other than any communication which would be described in clause (i), (iii), or (v) of section 301(9)(B) of the Federal Election Campaign Act of 1971 if the payment were an expenditure under such section. (c) Deadline for Filing.--A person shall file a report required under subsection (a) not later than 7 days after the person first expends the applicable amount of funds described in such subsection, except that in the case of a person who first expends such an amount within 10 days of an election, the report shall be filed not later than 24 hours after the person first expends such amount. For purposes of the previous sentence, the term ``election'' shall have the meaning given such term in section 301(1) of the Federal Election Campaign Act of 1971. (d) Place of Submission.--Reports required under subsection (a) shall be submitted-- (1) to the Clerk of the House of Representatives, in the case of a communication involving a candidate for election for Representative in (or Delegate or Resident Commissioner to) the Congress; and (2) to the Secretary of the Senate, in the case of a communication involving a candidate for election for Senator. (e) Penalties.--Whoever knowingly fails to-- (1) remedy a defective filing within 60 days after notice of such a defect by the Secretary of the Senate or the Clerk of the House of Representatives; or (2) comply with any other provision of this section, shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil fine of not more than $50,000, depending on the extent and gravity of the violation. SEC. 302. REQUIRING MONTHLY FILING OF REPORTS. (a) Principal Campaign Committees.--Section 304(a)(2)(A)(iii) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(2)(A)(iii)) is amended to read as follows: ``(iii) monthly reports, which shall be filed no later than the 20th day after the last day of the month and shall be complete as of the last day of the month, except that, in lieu of filing the reports otherwise due in November and December of the year, a pre-general election report shall be filed in accordance with clause (i), a post-general election report shall be filed in accordance with clause (ii), and a year end report shall be filed no later than January 31 of the following calendar year.''. (b) Other Political Committees.--Section 304(a)(4) of such Act (2 U.S.C. 434(a)(4)) is amended to read as follows: ``(4)(A) In a calendar year in which a regularly scheduled general election is held, all political committees other than authorized committees of a candidate shall file-- ``(i) monthly reports, which shall be filed no later than the 20th day after the last day of the month and shall be complete as of the last day of the month, except that, in lieu of filing the reports otherwise due in November and December of the year, a pre-general election report shall be filed in accordance with clause (ii), a post-general election report shall be filed in accordance with clause (iii), and a year end report shall be filed no later than January 31 of the following calendar year; ``(ii) a pre-election report, which shall be filed no later than the 12th day before (or posted by registered or certified mail no later than the 15th day before) any election in which the committee makes a contribution to or expenditure on behalf of a candidate in such election, and which shall be complete as of the 20th day before the election; and ``(iii) a post-general election report, which shall be filed no later than the 30th day after the general election and which shall be complete as of the 20th day after such general election. ``(B) In any other calendar year, all political committees other than authorized committees of a candidate shall file a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31 and a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year.''. (c) Conforming Amendments.--(1) Section 304(a) of such Act (2 U.S.C. 434(a)) is amended by striking paragraph (8). (2) Section 309(b) of such Act (2 U.S.C. 437g(b)) is amended by striking ``for the calendar quarter'' and inserting ``for the month''. SEC. 303. MANDATORY ELECTRONIC FILING FOR CERTAIN REPORTS. (a) In General.--Section 304(a)(11)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) is amended by striking the period at the end and inserting the following: ``, except that the Commission shall require the reports to be filed and preserved by such means, format, or method, unless the aggregate amount of contributions or expenditures (as the case may be) reported by the committee in all reports filed with respect to the election involved (taking into account the period covered by the report) is less than $50,000.''. (b) Providing Standardized Software Package.--Section 304(a)(11) of such Act (2 U.S.C. 434(a)(11)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) The Commission shall make available without charge a standardized package of software to enable persons filing reports by electronic means to meet the requirements of this paragraph.''. SEC. 304. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON OCCUPATION OF INDIVIDUAL CONTRIBUTORS. Section 302(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(i)) is amended-- (1) by striking ``(i) When the treasurer'' and inserting ``(i)(1) Except as provided in paragraph (2), when the treasurer''; and (2) by adding at the end the following new paragraph: ``(2) Paragraph (1) shall not apply with respect to information regarding the occupation or the name of the employer of any individual who makes a contribution or contributions aggregating more than $200 during a calendar year (as required to be provided under subsection (c)(3)).''. TITLE IV--EFFECTIVE DATE SEC. 401. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to elections occurring after January 2001.

TABLE OF CONTENTS: Title I: Soft Money and Contributions and Expenditures of Political Parties Title II: Indexing Contribution Limits Title III: Expanding Disclosure of Campaign Finance Information Title IV: Effective Date Campaign Integrity Act of 1999 - Title I: Soft Money and Contributions and Expenditures of Political Parties - Amends the Federal Election Campaign Act of 1971 (FECA) to prohibit any national committee of a political party, including the national congressional campaign committees of a political party, and any party committee officers or agents, from soliciting, receiving, or directing any contributions, donations, or transfers of funds, or spending any funds, which are not subject to the limitations, prohibitions, and reporting requirements of such Act. Declares that no candidate for Federal office, individual holding Federal office, or any agent of such candidate or officeholder may solicit, receive, or direct: (1) any funds in connection with any Federal election unless they are subject to the limitations, prohibitions, and reporting requirements of such Act; (2) any funds that are to be expended in connection with any non-Federal election unless they are not in excess of the amounts permitted contributions to Federal candidates and political committees, and are not from prohibited sources; or (3) any funds on behalf of any person which are not subject to the limitations, prohibitions, and reporting requirements of such Act if such funds are for the purpose of financing any activity on behalf of a candidate for election to Federal office or any communication which refers to a clearly identified candidate for election to Federal office. Exempts from the prohibitions of this Act: (1) the solicitation or receipt of funds by a candidate for a non-Federal office if such activity is permitted under State law; or (2) the attendance by a Federal office-holder or a candidate for election to Federal office at a fundraising event for a State or local committee of a political party of the State which the individual represents or seeks to represent as a Federal officeholder, if the event is held in that State. Prohibits a State committee of a political party from transferring any funds to a State committee of a political party of another State, except according to the limitations, prohibitions, and reporting requirements of such Act. (Sec. 102) Increases the aggregate annual limit on contributions by individuals to political parties from $20,000 to $25,000. (Sec. 103) Repeals limitations on the amount of coordinated expenditures by the national and State committees of political parties. (Sec. 104) Increases from $15,000 to $20,000 the limit on contributions by multicandidate political committees (PACs) to national political parties. Title II: Indexing Contribution Limits - Amends FECA to mandate indexing of contribution limits, according to a specified formula involving the Consumer Price Index, beginning calendar 2001. Title III: Expanding Disclosure of Campaign Finance Information - Prescribes reporting requirements for expenditures for radio or television broadcast communications regarding a candidate for the Senate or the House of Representatives. Applies such requirements to any person who expends an aggregate amount of more than $25,000 during a calendar year for such communications relating to a single candidate for election to Federal office (or an aggregate amount of more than $100,000 during a calendar year for all such communications relating to all such candidates). Establishes civil fines for violations of such requirements. (Sec. 302) Amends FECA to require the principal campaign committees of candidates for the Senate or the House, and all political committees other than authorized committees of such a candidate, to file monthly reports (instead of quarterly reports, as currently), by specified deadlines. (Sec. 303) Directs the Federal Election Commission (FEC) to require electronic filing of campaign finance reports, unless the aggregate amount of contributions or expenditures (as the case may be) reported by the committee in all reports filed with respect to the election involved (taking into account the period covered by the report) is less than $50,000. Requires the FEC to make available without charge a standardized package of software to enable persons filing reports by electronic means to meet such requirements. (Sec. 304) Revises the waiver of strict compliance with FECA reporting requirements where a political committee's treasurer shows that best efforts have been used to obtain, maintain, and submit the information required. Denies such a waiver with respect to information regarding the occupation or the name of the employer of any individual who makes a contribution or contributions aggregating more than $200 during a calendar year. Title IV: Effective Date - Sets forth the effective date of this Act.

Campaign Integrity Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure Now Public- Private Partnership Act'' or the ``WIN P3 Act''. SEC. 2. FINDINGS. Congress finds that-- (1) investment in water infrastructure is critical to protecting property and personal safety through flood, hurricane, and storm damage reduction activities; (2) investment in infrastructure on the inland waterways of the United States is critical to the economy of the United States through the maintenance of safe, reliable, and efficient navigation for recreation and the movement of billions of dollars in goods each year; (3) fiscal challenges facing Federal, State, local, and tribal governments require new and innovative financing structures to continue robust investment in public water infrastructure; (4) under existing fiscal restraints and project delivery processes, large-scale water infrastructure projects like the lock and dam modernization on the upper Mississippi River and Illinois River will take decades to complete, with benefits for the lock modernization not expected to be realized until 2047; (5) the Corps of Engineers has an estimated backlog of more than $60,000,000,000 in outstanding projects; and (6) in developing innovative financing options for water infrastructure projects, any prior public investment in projects must be protected. SEC. 3. WATER INFRASTRUCTURE NOW PILOT PROGRAM. (a) In General.--The Secretary of the Army, acting through the Chief of Engineers, shall establish a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non- Federal interests to carry out authorized flood damage reduction, hurricane and storm damage reduction, and navigation projects. (b) Purposes.--The purposes of the pilot program are-- (1) to identify project delivery and cost-saving alternatives that reduce the backlog of authorized Corps of Engineers projects; (2) to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out the design, execution, management, and construction of 1 or more projects; and (3) to evaluate alternatives for the decentralization of the project planning, management, and operational decisionmaking processes of the Corps of Engineers. (c) Administration.-- (1) In general.--In carrying out the pilot program, the Secretary shall-- (A) identify a total of not more than 15 flood damage reduction, hurricane and storm damage reduction, and navigation projects, including levees, floodwalls, flood control channels, water control structures, and navigation locks and channels, authorized for construction; (B) notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives upon the identification of each project under the pilot program; (C) in consultation with the non-Federal interest, develop a detailed project management plan for each identified project that outlines the scope, budget, design, and construction resource requirements necessary for the non-Federal interest to execute the project, or a separable element of the project; (D) on the request of the non-Federal interest, enter into a project partnership agreement with the non-Federal interest for the non-Federal interest to provide full project management control for construction of the project, or a separable element of the project, in accordance with plans approved by the Secretary; (E) following execution of the project partnership agreement, transfer to the non-Federal interest to carry out construction of the project, or a separable element of the project-- (i) if applicable, the balance of the unobligated amounts appropriated for the project, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the project and pilot program; and (ii) additional amounts, as determined by the Secretary, from amounts made available under section 5, except that the total amount transferred to the non-Federal interest shall not exceed the estimate of the Federal share of the cost of construction, including any required design; and (F) regularly monitor and audit each project being constructed by a non-Federal interest under this section to ensure that the construction activities are carried out in compliance with the plans approved by the Secretary and that the construction costs are reasonable. (2) Restrictions.--Of the projects identified by the Secretary-- (A) not more than 12 projects shall-- (i) have received Federal funds and experienced delays or missed scheduled deadlines in the 5 fiscal years prior to the date of enactment of this Act; or (ii) for more than 2 consecutive fiscal years, have an unobligated funding balance for that project in the Corps of Engineers construction account; and (B) not more than 3 projects shall-- (i) have not received Federal funding for recapitalization and modernization in the period beginning on the date on which the project was authorized and ending on the date of enactment of this Act; and (ii) be, in the determination of the Secretary, significant to the national economy as a result of the impact the project would have on the national transportation of goods. (3) Technical assistance.--On the request of a non-Federal interest, the Secretary may provide technical assistance to the non-Federal interest, if the non-Federal interest contracts with the Secretary for the technical assistance and compensates the Secretary for the technical assistance, relating to-- (A) any study, engineering activity, and design activity for construction carried out by the non- Federal interest under this section; and (B) obtaining any permits necessary for the project. (4) Waivers.-- (A) In general.--For any project included in the pilot program, the Secretary may waive or modify any applicable Federal regulations for that project if the Secretary determines that such a waiver would provide public and financial benefits, including expediting project delivery and enhancing efficiency while maintaining safety. (B) Notification.--The Secretary shall notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives each time the Secretary issues a waiver or modification under subparagraph (A). (d) Public Benefit Study.-- (1) In general.--Before entering into a project partnership agreement under this section, the Secretary shall enter into an arrangement with an independent third party to conduct an assessment of whether, and provide justification that, the proposed partnership agreement would represent a better public and financial benefit than a similar transaction using public funding or financing. (2) Contents.--The study under paragraph (1) shall-- (A) be completed by the third party in a timely manner and in a period of not more than 90 days; (B) take into consideration any supporting materials and data submitted by the Secretary, the nongovernmental party to the proposed project partnership agreement, and other stakeholders; and (C) recommend whether the project partnership agreement will be in the public interest by determining whether the agreement will provide public and financial benefits, including expedited project delivery and savings to taxpayers. (e) Cost Share.--Nothing in this Act affects the cost-sharing requirement applicable on the day before the date of enactment of this Act to a project carried out under this Act. (f) Report.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing the results of the pilot program carried out under this section, including any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. (2) Update.--Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an update of the report described in paragraph (1). (g) Administration.--All laws (including regulations) that would apply to the Secretary if the Secretary were carrying out the project shall apply to a non-Federal interest carrying out a project under this Act. (h) Termination of Authority.--The authority to commence a project under this Act terminates on the date that is 5 years after the date of enactment of this Act. SEC. 4. APPLICABILITY. Nothing in this Act authorizes or permits the privatization of any Federal asset. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this Act such sums as are necessary.

Water Infrastructure Now Public-Private Partnership Act or the WIN P3 Act - Directs the Chief of Engineers to establish a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non-federal interests to carry out authorized flood damage reduction, hurricane and storm damage reduction, and navigation projects. Requires the Chief: (1) to identify not more than 15 projects authorized for construction; (2) to develop a detailed project management plan for each identified project that outlines the scope, budget, design, and construction resource requirements necessary for the non-federal interest to execute the project or an element of the project; (3) to enter into a project partnership agreement with the non-federal interest at such interest's request to provide full project management control for construction of the project or element in accordance with plans approved by the Chief; (4) following execution of such agreement, to transfer specified amounts to the non-federal interest to carry out project construction; and (5) to regularly monitor and audit each such project being constructed by a non-federal interest. Sets forth restrictions on projects selected. Authorizes the Chief to: (1) provide technical assistance to the non-federal interests for compensation, and (2) waive or modify applicable federal regulations if doing so would provide public and financial benefits. Directs the Chief, before entering into a project partnership agreement, to enter into an arrangement with an independent third party to conduct an assessment and provide justification that the proposed agreement would represent a better public and financial benefit than a similar transaction using public funding. Terminates authority to commence a project under this Act five years after its enactment.

WIN P3 Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cruise Line Accurate Safety Statistics Act''. SEC. 2. REQUIREMENT TO REPORT CRIMES AND OTHER INFORMATION. (a) Requirement.--The owner of a cruise ship that calls at a port in the United States shall report to the Secretary-- (1) each covered crime that occurred on the cruise ship in the course of the voyage (or voyage segment) that ends at that port, in which a citizen of the United States was a victim, by not later than 4 hours after the crime is reported to the master of the cruise ship; (2) each incident on the cruise ship in the course of the voyage (or voyage segment) in which a citizen of the United States was missing or reported overboard for a period of 4 hours or more, by not later than 4 hours after the incident is reported to the master of the cruise ship; and (3) by not later than the end of each of March, June, September, and December of each year-- (A) each crime that occurred on the cruise ship in the preceding 3-month period; and (B) each incident on the cruise ship in the preceding 3-month period in which an individual was missing or reported overboard for a period of 4 hours or more. (b) Availability of Information.--The Secretary shall make information reported under this section available to the public, including on a site on the Internet. SEC. 3. INSPECTION OF CRUISE SHIPS. (a) Requirement.--The Secretary shall inspect each cruise ship that seeks to enter a port in the United States to determine whether the cruise ship has adequate equipment and trained personnel to investigate covered crimes on the vessel in accordance with regulations under subsection (b). (b) Regulations.--The Secretary shall issue regulations by not later than 6 months after the date of the enactment of this Act that establish what constitutes adequate equipment and trained personnel for purposes of this section. SEC. 4. DISCLOSURES BY CRUISE LINES. (a) Requirement.--Any cruise line that sells a ticket for carriage of an individual on a cruise ship that, during such carriage, will call at a port in the United States shall-- (1) before selling the ticket, refer the individual to the Internet site referred to in section 2(b); and (2) provide to the individual-- (A) the name of each country the cruise ship will visit during the course of such carriage; and (B) the locations in such country of the embassy and each consulate of the United States. (b) Regulations.--The Secretary shall issue regulations by not later than 6 months after the date of the enactment of this Act that establish what constitutes a cruise line for purposes of this section. SEC. 5. PENALTY. (a) In General.--A person shall be liable for a civil penalty of not more than $250,000, if-- (1) the person is the owner of a cruise ship and-- (A) the person fails to report in accordance with section 2; or (B) the Secretary determines in an inspection of the cruise ship under section 3 that the cruise ship does not have adequate equipment and trained personnel; or (2) the person fails to provide information to the purchaser of a cruise ship ticket as required by section 4. (b) Assessment of Penalty.--The Secretary shall assess a civil penalty under this section. (c) Liability in Rem.--A cruise ship shall be liable in rem for a civil penalty under subsection (a)(1) that is assessed with respect to the cruise ship. (d) Denial of Entry.--The Secretary of the department in which the Coast Guard is operating may deny entry into the United States to a cruise vessel if the owner of the cruise vessel-- (1) commits an act or omission for which a civil penalty may be imposed under this subsection (a)(1); or (2) fails to pay a civil penalty imposed on the owner under this section. SEC. 6. DEFINITIONS. In this Act: (1) Covered crime.--The term ``covered crime'' means-- (A) any act or omission that, if committed in an area subject to the jurisdiction of the United States, would be a violation of-- (i) section 81 of title 18, United States Code (relating to arson); (ii) section 114 of such title (relating to maiming); (iii) section 611 of such title (relating to certain crimes within the special maritime and territorial jurisdiction); (iv) section 1111 of such title (relating to murder); (v) section 1112 of such title (relating to manslaughter); (vi) section 1201 of such title (relating to kidnaping); or (vii) section 2241 of such title (relating to aggravated sexual abuse); and (B) any assault that, if committed in an area subject to the jurisdiction of the United States, would be a violation of section 13 of title 18, United States Code. (2) Cruise ship.--The term ``cruise ship''-- (A) except as provided in subparagraph (B), means any vessel over 100 gross registered tons, that-- (i) is capable of carrying more than 12 passengers for hire; (ii) carries passengers for hire on a voyage lasting more than 24 hours, any part of which is on the high seas; and (iii) embarks or disembarks passengers in the United States (including any commonwealth or territories of the United States); and (B) does not include a ferry that-- (i) has been issued a Certificate of Inspection endorsed for lakes, bays, and sounds; and (ii) transits international waters for only short periods of time on frequent schedules. (3) Secretary.--The term ``Secretary'' means the Secretary of the department in which the Coast Guard is operating.

Cruise Line Accurate Safety Statistics Act - Requires the owner of a cruise ship that calls at a U.S. port to report to the Secretary of the department in which the Coast Guard is operating each: (1) crime that occurred on the cruise ship in which a U.S. citizen was a victim; (2) incident on a cruise ship in which a U.S. citizen was missing or reported overboard for four hours or more; and (3) crime and incident that occurred on the cruise ship in the preceding three-month period. Requires the Secretary to make such information available to the public, including on a site on the Internet. Directs the Secretary to inspect each cruise ship that enters a U.S. port to determine whether such ship has adequate equipment and trained personnel to investigate such crimes. Requires a cruise line that sells a ticket for carriage of an individual on a cruise ship that will call at a U.S. port to: (1) refer such individual to the Internet site before selling the ticket; and (2) provide the individual with the name of each country the cruise ship will visit, as well as the locations of each U.S. embassy and consulate in such country. Sets forth civil penalties for persons that violate the requirements of this Act.

To require the owner of a cruise ship that calls at a port in the United States to report to the Secretary of the department in which the Coast Guard is operating crimes that occur on the cruise ship in which a citizen of the United States was a victim, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Tissue Act''. SEC. 2. DEFINITIONS. In this Act: (1) Establishment.--The term ``establishment'' has the meaning given such term in section 1271.3 of title 21, Code of Federal Regulations (or any successor regulation). (2) Human cells, tissues, or cellular or tissue-based products.--The term ``human cells, tissues, or cellular or tissue-based products'' has the meaning given such term in section 1271.3 of title 21, Code of Federal Regulations (or any successor regulation). (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. INSPECTIONS AND AUDITS BY THE FOOD AND DRUG ADMINISTRATION. (a) Inspections of Tissue Banks.-- (1) In general.--Notwithstanding section 1271.400(b) of title 21, Code of Federal Regulations, the Food and Drug Administration shall inspect each establishment regulated by such section not less than once every 2 years. (2) User fees.--The Secretary may establish a user fee program applicable to each establishment under part 1271 of title 21, Code of Federal Regulations, to fund the inspections required by paragraph (1). (b) Audits of Tissue Banks.--The Food and Drug Administration shall conduct periodic audits of all documentation submitted by each establishment under part 1271 of title 21, Code of Federal Regulations, to determine compliance with all applicable requirements, including those requirements related to ensuring-- (1) that human cells, tissues, or cellular or tissue-based products are obtained by the establishment legally; (2) that donor eligibility and donor medical history interviews are based on accurate information that was not provided or obtained in a fraudulent manner; and (3) current good tissue practice. SEC. 4. DEVELOPMENT OF MODEL CONSENT FORM. (a) In General.--The Secretary shall publish in the Federal Register a model form containing minimum requirements for establishments to use in obtaining consent from a potential donor, or the legally authorized representative of a potential donor, of human cells, tissues, or cellular or tissue-based products. (b) Content.--The model form under subsection (a) shall include-- (1) requirements for obtaining consent from a potential donor, or the legally authorized representative of a potential donor, regarding-- (A) the type of human cells, tissues, or cellular or tissue-based product to be donated; (B) the purpose for which such human cells, tissues, or cellular or tissue-based products shall be used, such as transplantation for medical purposes, transplantation for cosmetic purposes, therapy, research, or medical education; and (C) other matters as determined appropriate by the Secretary; (2) a requirement that an establishment provide assurance to the Secretary and a potential donor, or the legally authorized representative of a potential donor, that such an establishment will only obtain consent directly from such donor or representative; and (3) a requirement that an establishment-- (A) provide, upon request, to the potential donor, or the legally authorized representative of a potential donor, a description of the recovery process for human cells, tissues, or cellular or tissue-based products; (B) inform such donor or representative of the right to receive such a description; and (C) inform such donor or representative of whether the establishment is accredited under the regulations promulgated by the Secretary pursuant to section 5. (c) Use of Model Form.--The Secretary shall promulgate regulations requiring that establishments provide and obtain no less information than that specified in the model form under subsection (a) prior to accepting a donation of human cells, tissues, or cellular or tissue- based products. (d) Enforcement.-- (1) Failure to comply with requirements.--An establishment, or an individual employed by an establishment, that fails to comply with the requirements of the model form under subsection (a) shall be subject to a civil penalty of not more than $5,000. (2) Use of fraudulent information.--An establishment, or an individual employed by an establishment, that knowingly uses fraudulent information for, or fraudulent means of, obtaining the consent described under the model form under subsection (a) shall be-- (A) fined not more than $10,000, or imprisoned for not more than 6 months, or both, for the first such violation; and (B) fined not more than $250,000, or imprisoned for not more than 10 years, or both, for the second and any subsequent such violation. (e) Preemption.--The model form regulations promulgated under subsection (c) shall supercede any provisions of the law with respect to obtaining consent from a potential donor, or legally authorized representative of a potential donor, of human cells, tissues, or cellular or tissue-based products, of the State in which an establishment operates to the extent such law is less stringent than the requirements imposed under such subsection. SEC. 5. ACCREDITATION OF ESTABLISHMENTS AND PERSONNEL. (a) In General.--The Secretary shall promulgate regulations to accredit-- (1) establishments; and (2) the personnel of establishments who participate in the recovery, processing, storage, labeling, packaging, or distribution of human cells, tissues, or cellular or tissue- based products. (b) Authority of Secretary.--In promulgating the regulations under subsection (a), the Secretary shall-- (1) establish an accreditation process modeled after the Joint Commission on Accreditation of Healthcare Organizations; or (2) adopt an accreditation process established by a private entity that is in effect as of the date of enactment of this Act. SEC. 6. DETERMINATION OF REASONABLE PAYMENTS. The Secretary shall promulgate regulations defining ``reasonable payments'' for the purposes of section 301(c)(2) of the National Organ Transplant Act (42 U.S.C. 274e(c)(2)), as such section relates to human tissue and tissue-based products regulated under part 1271 of title 21, United States Code.

Safe Tissue Act - Requires the Food and Drug Administration (FDA) to inspect, at least once every two years, each establishment that engages in the manufacture of human cells, tissues, and cellular and tissue-based products. Allows the Secretary of Health and Human Services to establish a user fee to fund such inspections. Requires the FDA to conduct periodic audits of all documentation submitted by each such establishment to determine compliance with all applicable requirements, including requirements related to ensuring: (1) that human cells, tissues, or cellular or tissue-based products are obtained legally; (2) that donor eligibility and donor medical history interviews are based on accurate information that was not provided or obtained in a fraudulent manner; and (3) current good tissue practice. Requires the Secretary to publish a model form containing minimum requirements for establishments to use in obtaining consent from a potential donor of human cells, tissues, or cellular or tissue-based products. Sets forth penalties for failing to comply with model form requirements or for knowingly using fraudulent information. Directs the Secretary to: (1) accredit establishments and the personnel of such establishments who participate in the recovery, processing, storage, labeling, packaging, or distribution of human cells, tissues, or cellular or tissue-based products; and (2) define "reasonable payments" that are associated with donation of human tissue and tissue-based products for purposes of the National Organ Transplant Act.

A bill to improve the oversight and regulation of tissue banks and the tissue donation process, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Charities Helping Americans Regularly Throughout the Year Act of 2017''. SEC. 2. SENSE OF THE SENATE RELATING TO THE PROTECTION OF CHARITABLE DEDUCTIONS. (a) Findings.--The Senate makes the following findings: (1) The deduction for charitable contributions has been an important and effective part of the tax code for almost 100 years. (2) The deduction for charitable contributions is unique as it is the only provision that encourages taxpayers to give away a portion of their income for the benefit of others. (3) In 2012, nonprofit organizations provided 11,400,000 jobs, accounting for 10.3 percent of the country's private- sector workforce. (4) In 2015, total charitable giving was estimated to be $373,250,000,000 (a 4.1-percent increase from 2014) and accounted for 2.1 percent of the gross domestic product. (b) Sense of the Senate.--It is the sense of the Senate that-- (1) encouraging charitable giving should be a goal of tax reform; and (2) Congress should ensure that the value and scope of the deduction for charitable contributions is not diminished during a comprehensive reform of the tax code. SEC. 3. DETERMINATION OF STANDARD MILEAGE RATE FOR CHARITABLE CONTRIBUTIONS DEDUCTION. (a) Determination of Standard Mileage Rate for Charitable Contributions Deduction.--Subsection (i) of section 170 of the Internal Revenue Code of 1986 is amended to read as follows: ``(i) Standard Mileage Rate for Use of Passenger Automobile.--For purposes of computing the deduction under this section for use of a passenger automobile, the standard mileage rate shall be the rate determined by the Secretary, which rate shall not be less than the standard mileage rate used for purposes of section 213.''. (b) Effective Date.--The amendment made by this section shall apply to miles traveled after the date of the enactment of this Act. SEC. 4. MODIFICATION OF SUBSTANTIATION REQUIREMENTS FOR CHARITABLE CONTRIBUTIONS. (a) In General.--Paragraph (8) of section 170(f)(8) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D) and by redesignating subparagraph (E) as subparagraph (D). (b) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2016. SEC. 5. MANDATORY ELECTRONIC FILING FOR ANNUAL RETURNS OF EXEMPT ORGANIZATIONS. (a) In General.--Section 6033 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Mandatory Electronic Filing.--Any organization required to file a return under this section shall file such return in electronic form.''. (b) Inspection of Electronically Filed Annual Returns.--Subsection (b) of section 6104 is amended by adding at the end the following: ``Any annual return required to be filed electronically under section 6033(n) shall be made available by the Secretary to the public in machine readable format.''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) Transitional relief.-- (A) Small organizations.-- (i) In general.--In the case of any small organizations, or any other organizations for which the Secretary determines the application of the amendments made by subsection (a) would cause undue burden without a delay, the Secretary may delay the application of such amendments, but not later than taxable years beginning 2 years after the date of the enactment of this Act. (ii) Small organization.--For purposes of clause (i), the term ``small organization'' means any organization-- (I) the gross receipts of which for the taxable year are less than $200,000; and (II) the aggregate gross assets of which at the end of the taxable year are less than $500,000. (B) Organizations filing form 990-t.--In the case of any organization described in section 511(a)(2) of the Internal Revenue Code of 1986 which is subject to the tax imposed by section 511(a)(1) of such Code on its unrelated business taxable income, or any organization required to file a return under section 6033 of such Code and include information under subsection (e) thereof, the Secretary may delay the application of the amendments made by this section, but not later than taxable years beginning 2 years after the date of the enactment of this Act. SEC. 6. MODIFICATION OF RULES RELATING TO DONOR ADVISED FUNDS. (a) Allowance of Tax-Free Charitable Distributions From Individual Retirement Accounts.-- (1) In general.--Clause (i) of section 408(d)(8)(B) of the Internal Revenue Code of 1986 is amended by striking ``or any fund or account described in section 4966(d)(2)''. (2) Effective date.--The amendment made by this subsection shall apply to distributions made in taxable years beginning after December 31, 2016. (b) Return Disclosures.-- (1) Distributions.--Subsection (k) of section 6033 of the Internal Revenue Code of 1986 is amended-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting a comma; and (C) by adding at the end the following new paragraphs: ``(4) list the total number of such funds which were in existence for the 36-month period ending at the close of such taxable year, ``(5) list the total number of funds described in paragraph (4) which made at least 1 grant during the period described in such paragraph, and ``(6) set forth-- ``(A) whether such organization has a publicly available policy with respect to funds which are inactive, dormant, or do not make distributions during the period described in paragraph (4), ``(B) a description of the organization's policy for responding to funds described in subparagraph (A) or a statement that no such policy is in effect, and ``(C) whether such organization regularly and consistently monitors and enforces compliance with the policy described in subparagraph (A) with respect to such funds.''. (2) Effective date.--The amendment made by this subsection shall apply to returns for taxable years beginning after December 31, 2017. SEC. 7. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON INVESTMENT INCOME OF PRIVATE FOUNDATIONS. (a) In General.--Section 4940(a) of the Internal Revenue Code of 1986 is amended by striking ``2 percent'' and inserting ``1 percent''. (b) Elimination of Reduced Tax Where Foundation Meets Certain Distribution Requirements.--Section 4940 of such Code is amended by striking subsection (e). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 8. EXCEPTION FROM PRIVATE FOUNDATION EXCESS BUSINESS HOLDINGS TAX FOR CERTAIN PHILANTHROPIC BUSINESS HOLDINGS. (a) In General.--Section 4943 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Exception for Certain Philanthropic Business Holdings.-- ``(1) In general.--Subsection (a) shall not apply with respect to the holdings of a private foundation in any business enterprise which for the taxable year meets-- ``(A) the exclusive ownership requirements of paragraph (2), ``(B) the all profits to charity requirement of paragraph (3), and ``(C) the independent operation requirements of paragraph (4). ``(2) Exclusive ownership.--The exclusive ownership requirements of this paragraph are met if-- ``(A) all ownership interests in the business enterprise are held by the private foundation at all times during the taxable year, and ``(B) all the private foundation's ownership interests in the business enterprise were acquired under the terms of a will or trust upon the death of the testator or settlor, as the case may be. ``(3) All profits to charity.-- ``(A) In general.--The all profits to charity requirement of this paragraph is met if the business enterprise, not later than 120 days after the close of the taxable year, distributes an amount equal to its net operating income for such taxable year to the private foundation. ``(B) Net operating income.--For purposes of this paragraph, the net operating income of any business enterprise for any taxable year is an amount equal to the gross income of the business enterprise for the taxable year, reduced by the sum of-- ``(i) the deductions allowed by chapter 1 for the taxable year which are directly connected with the production of such income, ``(ii) the tax imposed by chapter 1 on the business enterprise for the taxable year, and ``(iii) an amount for a reasonable reserve for working capital and other business needs of the business enterprise. ``(4) Independent operation.--The independent operation requirements of this paragraph are met if, at all times during the taxable year-- ``(A) no substantial contributor (as defined in section 4958(c)(3)(C)) to the private foundation, or family member of such a contributor (determined under section 4958(f)(4)), is a director, officer, trustee, manager, employee, or contractor of the business enterprise (or an individual having powers or responsibilities similar to any of the foregoing), ``(B) at least a majority of the board of directors of the private foundation are individuals other than individuals who are either-- ``(i) directors or officers of the business enterprise, or ``(ii) members of the family (determined under section 4958(f)(4)) of a substantial contributor (as defined in section 4958(c)(3)(C)) to the private foundation, and ``(C) there is no loan outstanding from the business enterprise to a substantial contributor (as so defined) to the private foundation or a family member of such contributor (as so determined). ``(5) Certain deemed private foundations excluded.--This subsection shall not apply to-- ``(A) any fund or organization treated as a private foundation for purposes of this section by reason of subsection (e) or (f), ``(B) any trust described in section 4947(a)(1) (relating to charitable trusts), and ``(C) any trust described in section 4947(a)(2) (relating to split-interest trusts).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017.

Charities Helping Americans Regularly Throughout the Year Act of 2017 This bill amends the Internal Revenue Code to modify several tax provisions affecting charitable contributions and tax-exempt organizations. The Internal Revenue Service may determine the standard mileage rate for deducting the cost of using a passenger automobile for charitable purposes (currently set by statute at 14 cents per mile), and the rate may not be less than the rate for medical purposes (17 cents per mile for 2017). The bill modifies the substantiation requirements for charitable contributions to eliminate an exemption for contributions that are reported on a return filed by a tax-exempt organization. Tax-exempt organizations must file their returns in electronic form. The bill excludes from the gross income of an individual who is at least 70-1/2 years of age up to $100,000 in distributions from an individual retirement plan to a donor-advised fund (DAF). The bill also modifies disclosure requirements for DAFs. (A DAF is a fund or account that is separately identified by reference to contributions of a donor or donors. The account is owned and controlled by a sponsoring charitable organization, while the donor retains advisory privileges with respect to the distribution and investment of funds in the account.) The bill reduces from 2% to 1% the excise tax on the investment income of private foundations and eliminates a provision that reduces the rate to 1% if a foundation meets certain distribution requirements. The bill exempts certain philanthropic business holdings from the tax on excess business holdings of private foundations if a foundation meets requirements for exclusive ownership, donating all profits to charity, and independent operation.

Charities Helping Americans Regularly Throughout the Year Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Asthma Awareness, Education and Treatment Act of 2001''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Asthma is a chronic lung condition that affects an estimated 14,600,000 Americans, including 4,800,000 children. (2) An estimated 40,000,000 to 50,000,000 Americans suffer from allergies, including allergic asthma. (3) Asthma is the most common chronic respiratory disease of children, accounting for 25 percent of school absenteeism, and is the third leading cause of preventable hospitalizations. (4) During the period 1980 through 1994 the prevalence of pediatric asthma increased by 72 percent, and the percentage of preschool children with asthma increased by 160 percent. (5) The prevalence of asthma is greater in women than in men (5.6 percent of women as compared to 5.1 percent of men). (6) Asthma has a disparate impact on low income families, i.e, a family of four with an income of less than $17,650. In households with an annual income of less than $10,000, 79.2 of 1,000 individuals who are under the age of 45 have asthma, while in families with an annual income of between $20,000 and $35,000, 53.6 of 1,000 individuals under the age of 45 have asthma. (7) In 1997, more than 5,000 Americans died from asthma attacks. During the period 1993 through 1995, the average number of deaths from asthma for African Americans was 38.5 deaths per million individuals, while the average for Caucasians was 15.1 deaths per million. (8) Asthma is estimated to cost the United States over $12,000,000,000 annually and the rise in the prevalence of asthma will lead to higher costs in the future. (9) African Americans are five times more likely than other segments of the population to seek care for asthma at an emergency room. (10) The asthma death rate is four times higher among African American children and two times higher among all African Americans. (11) Exercise improves the physical and psychological well- being of children. Children with asthma require treatment programs that are tailored to their unique needs because in some instances, exercise can trigger negative response among asthmatics. SEC. 3. GRANTS FOR PROJECTS FOR ASTHMA-RELATED ACTIVITIES FOR LOW- INCOME COMMUNITIES. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') may make grants to public and nonprofit private entities for the purpose of carrying out projects to provide for individuals in low-income communities-- (1) screenings and referrals regarding asthma, allergies, and related respiratory problems in accordance with subsection (b); (2) information and education regarding such conditions in accordance with subsection (c); and (3) workshops regarding such conditions that are provided for parents, teachers, physical education instructors, school nurses, school counselors, athletic coaches, and other individuals who serve in supervisory roles of children in such communities. (b) Screenings and Referrals.--The Secretary shall ensure that screenings and referrals regarding asthma, allergies, and related respiratory problems under subsection (a) are comprehensive, and that the settings in which the screenings and referrals are provided include-- (1) traditional medical settings such as hospitals, health clinics, and the offices of physicians; and (2) nontraditional settings for the provision of such services, such as nurseries, elementary and secondary schools, community centers, public housing units, volunteer organizations, convenience stores, local governmental offices, day care centers, sites that offer nutrition-related services for women, infants, and children, and governmental offices that provide cash assistance for low-income individuals. (c) Information and Education.--The Secretary shall ensure that information and education on asthma, allergies, and related respiratory problems under subsection (a) is provided in accordance with the following: (1) The information and education is provided in the language and cultural context that is most appropriate for the individuals for whom the information and education is intended. (2) The information and education includes information and education to increase understanding on the following: (A) The symptoms of the conditions. (B) Preventing the conditions. (C) Monitoring and managing the conditions, including-- (i) avoiding circumstances that may cause asthma attacks or other respiratory problems; and (ii) being aware of appropriate medication options, such as the need as appropriate to keep in one's possession an asthma inhaler. (D) The importance of developing a treatment plan that permits asthmatic children to regularly engage in sports and other physical activities. (3) The settings in which the information and education are provided include traditional settings such as the settings described in subsection (b)(1) and nontraditional settings such as the settings described in subsection (b)(2). (d) Evaluations of Projects.--The Secretary shall (directly or through contract) provide for the evaluation of projects carried under subsection (a), including-- (1) determining the number of low income children and adults who have received screenings and referrals through the projects; (2) determining the extent to which the projects have had an effect on the manner in which individuals served by the projects prevent and manage asthma, allergies, and related respiratory problems; and (3) evaluating the effectiveness of materials used in providing information and education. (e) Inclusion in Project of Local Community-Based Organization.--A condition for the receipt of a grant under subsection (a) is that-- (1) the applicant for the grant be a community-based organization that provides services in the low-income community in which the project under such subsection is to be carried out; or (2) the applicant for the grant demonstrate to the Secretary that one or more representatives from such an organization will play a substantial role in carrying out the project. (f) Application for Grant.--The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $8,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006. SEC. 4. NATIONAL MEDIA CAMPAIGN TO PROVIDE ASTHMA-RELATED INFORMATION. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') may make awards of contracts to provide for a national media campaign to provide to the public and health care providers information on asthma, allergies, and related respiratory problems, with priority given to the occurrence of such conditions in children. Funds for the campaign will be spent from the appropriated sum of $5,000,000. (b) Certain Requirements.--The Secretary shall ensure that the national media campaign under subsection (a) is carried out in accordance with the following: (1) The campaign provides information regarding the prevention and management of asthma, allergies, and related respiratory problems. (2) With respect to a community in which the campaign is carried out-- (A) the campaign provides information regarding the availability in the community of programs that provide screenings, referrals, and treatment regarding such conditions and training in managing the conditions; and (B) the campaign is carried out in the language and cultural context that is most appropriate for the individuals for whom the campaign is intended. The campaign message, while tailored to the affected population, should have universal appeal and application to populations with different demographic backgrounds. (c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $600,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006. SEC. 5. TAX CREDIT FOR DONATIONS OF PEST CONTROL SERVICES AND HEATING, VENTILATION, AND AIR CONDITIONING SERVICES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. CREDIT FOR DONATIONS OF PEST CONTROL SERVICES AND HEATING, VENTILATION, AND AIR CONDITIONING SERVICES. ``(a) In General.--For purposes of section 38, in the case of a taxpayer engaged in the trade or business of providing pest control services or heating, ventilation, and air conditioning services, the donation credit determined under this section for the taxable year is an amount equal to the aggregate cost (including wages) paid or incurred by the taxpayer during the taxable year in providing qualified pest control services and qualified heating, ventilation, and air conditioning services. ``(b) Provider Must Be Licensed.--No amount shall be taken into account for purposes of subsection (a) by a taxpayer unless the taxpayer is licensed and certified in the type of service provided. ``(c) Definitions.--For purposes of this section-- ``(1) In general.--The terms `qualified pest control services' and `qualified heating, ventilation, and air conditioning services' means pest control services or heating, ventilation, and air conditioning services (as the case may be) provided without charge in-- ``(A) any public housing (as defined in section 3(b) of the United States Housing Act of 1937), or ``(B) any multifamily residential rental property if it is reasonably expected that at least 75 percent of the occupants of the dwelling units have incomes below 200 percent of the official poverty line, but only if such services are part of a good faith effort (including follow-up treatments) to locate the source(s) of pest or indoor air quality problems known to trigger symptoms of asthma or allergies, remedy the problem, and provide maintenance services that will keep indoor air climates free of pest and indoor air allergens and if such services are verified in such manner as the Secretary shall prescribe. ``(2) Pest control services.--For purposes of paragraph (1), the term `pest control services' means services-- ``(A) to eliminate cockroaches, dust mites, animal dander, and mold, and ``(B) to eliminate mice, rats, vermin, and other rodents. ``(3) Heating, ventilation, and air conditioning services.--The term `heating, ventilation, and air conditioning services' shall include source remediation of poor indoor air quality.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended-- (A) by striking ``plus'' at the end of paragraph (14), (B) by striking the period at the end of paragraph (15), and inserting a comma and ``plus'', and (C) by adding at the end the following new paragraph: ``(16) in the case of a taxpayer engaged in the trade or business of providing pest control or climate control services (as defined in section 45G(b)(2)), the donation credit determined under section 45G.''. (2) Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following new paragraph: ``(11) No carryback of section 45G credit before january 1, 2002.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G may be carried back to a taxable year beginning before January 1, 2002.''. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45G. Credit for donations of pest control services and heating, ventilation, and air conditioning services.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 6. GRANT PROGRAM REGARDING AWARENESS OF TAX CREDIT FOR DONATIONS OF PEST CONTROL AND CLIMATE CONTROL SERVICES. The Secretary of Health and Human Services shall, directly or through grants or contracts, carry out a program to disseminate information about the pest and ventilation initiative under section 45G of the Internal Revenue Code of 1986. SEC. 7. RESEARCH ON RELATIONSHIP BETWEEN AIR POLLUTANTS AND ASTHMA- RELATED PROBLEMS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), in consultation with the Administrator of the Environmental Protection Agency, shall (directly or through grants and contracts) provide for the conduct of research for the purpose of determining whether and to what extent there is a causal relationship between air pollutants and the occurrence of asthma, allergies, and related respiratory problems. (b) Requirement Regarding Clinical Participants.-- (1) In general.--In providing for the conduct of clinical research under subsection (a), the Secretary shall give priority to providing to individuals described in paragraph (2) opportunities to undergo clinical evaluations for purposes of the research. (2) Relevant populations.--For purposes of paragraph (1), the individuals referred to in this paragraph are individuals who are residents of communities in which the average family income is at or below 200 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. SEC. 8. COORDINATION OF FEDERAL ACTIVITIES TO ADDRESS ASTHMA-RELATED HEALTH CARE NEEDS. (a) In General.--The Director of the National Heart, Lung, and Blood Institute shall, through the National Asthma Education Prevention Program Coordinating Committee-- (1) identify all Federal programs that carry out asthma- related activities; (2) develop, in consultation with appropriate Federal agencies and professional and voluntary health organizations, a Federal plan for responding to asthma; and (3) not later than 12 months after the date of enactment of this Act, submit recommendations to the Congress on ways to strengthen and improve the coordination of asthma-related activities of the Federal Government. (b) Representation of the Department of Housing and Urban Development.--A representative of the Department of Housing and Urban Development shall be included on the National Asthma Education Prevention Program Coordinating Committee for the purpose of performing the tasks described in subsection (a). (c) Authorization of Appropriations.--Out of any funds otherwise appropriated for the National Institutes of Health, $5,000,000 shall be made available to the National Asthma Education Prevention Program for the period of fiscal years 2002 through 2006 for the purpose of carrying out this section. Funds made available under this subsection shall be in addition to any other funds appropriated to the National Asthma Education Prevention Program for any fiscal year during such period. SEC. 9. COMPILATION OF DATA BY CENTERS FOR DISEASE CONTROL AND PREVENTION. The Director of the Centers for Disease Control and Prevention, in consultation with the National Asthma Education Prevention Program Coordinating Committee, shall-- (1) conduct local asthma surveillance activities to collect data on the prevalence and severity of asthma and the quality of asthma management, including-- (A) telephone surveys to collect sample household data on the local burden of asthma; and (B) health care facility specific surveillance to collect asthma data on the prevalence and severity of asthma, and on the quality of asthma care; and (2) compile and annually publish data on-- (A) the prevalence of children suffering from asthma in each State; and (B) the childhood mortality rate associated with asthma nationally and in each State.

Asthma Awareness, Education and Treatment Act of 2001 - Authorizes the Secretary of Health and Human Services to make grants to public and nonprofit private entities for projects for specified asthma-related activities for low-income communities, including screening and referrals, information and education, and workshops for parents and other individuals who supervise children.Authorizes the Secretary also to award contracts to provide for a national media campaign to inform the public and health care providers on asthma, allergies, and related respiratory problems, especially in children.Amends the Internal Revenue Code to allow a taxpayer licensed and engaged in the trade or business of providing pest control services or heating, ventilation, and air conditioning services, an income tax credit for the aggregate cost of providing such services without charge to: (1) public housing; or (2) any multifamily residential rental property at least 75 percent of whose occupants are reasonably expected to have incomes below 200 percent of the official poverty line. Requires the Secretary to disseminate information about such credit.Directs the Secretary to provide for research into whether and to what extent there is a causal relationship between air pollutants and the occurrence of asthma, allergies, and related respiratory problems.Requires the Director of the National Heart, Lung, and Blood Institute, through the National Asthma Education Prevention Program Coordinating Committee, to: (1) identify all Federal programs that carry out asthma-related activities; and (2) develop and submit to Congress a Federal plan for responding to asthma.

To authorize the Secretary of Health and Human Services to carry out programs regarding the prevention and management of asthma, allergies, and related respiratory problems, to establish a tax credit regarding pest control and indoor air quality and climate control services for multifamily residential housing in low-income communities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jeremy Bell Act of 2011''. SEC. 2. OFFENSE. (a) In General.--Chapter 98 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1822. Transfers for employment of individuals engaging in child sex acts ``(a) Prohibition on the Interstate Transfer of Child Sex Offenders.--Whoever, being an employer, directs, causes, persuades, induces, or entices the travel in interstate commerce of an employee in one State with the purpose or effect of facilitating the employment of such employee in another State, if the employer knows that such employee engaged in a sexual conduct with an individual who has not attained the age of 18 years, shall be fined under this title or imprisoned not more than 5 years, or both. ``(b) Definitions.--As used in this section-- ``(1) the term `sexual conduct' means any sexual conduct, unless the employee was convicted of a crime for that conduct and has satisfied the terms and conditions imposed as a result of that conviction, if the conduct-- ``(A) is a sexual act or sexual contact as those terms are defined in section 2246; ``(B) occurred during the course of employment; and ``(C) would constitute a felony violation of the criminal law applicable where it took place; and ``(2) the term `State' includes the District of Columbia and any other territory or possession of the United States.''. (b) Clerical Amendment.--The table of contents for chapter 98 of title 18, United States Code, is amended by adding after the item relating to section 1821 the following new item: ``1822. Transfers for employment of individuals engaging in child sex acts.''. SEC. 3. SCHOOLS REQUIRED TO CARRY OUT BACKGROUND CHECKS ON ALL EMPLOYEES. The Elementary and Secondary Education Act of 1965 is amended as follows: (1) Amendment to esea.--Subpart 2 of part E of title IX is amended by adding at the end the following: ``SEC. 9537. BACKGROUND CHECKS ON ALL EMPLOYEES. ``A private or public elementary school, a private or public secondary school, a local educational agency, or State educational agency may receive funds under this Act for a fiscal year only if the school or agency has in effect a policy that ensures that every individual employed by the school or agency has undergone a fingerprint-based check of the national crime information databases (as described in subsection (b) of section 153 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16962)) and, where possible, a fingerprint-based check of State criminal history databases (as described in subsection (c) of such section).''. (2) Table of contents.--The table of contents at the beginning of such Act is amended by adding after the item relating to section 9536 the following new item: ``9537. Background checks on all employees.''. SEC. 4. STATE LAW. (a) Amendment to ESEA.--The Elementary and Secondary Education Act of 1965 is amended by inserting after section 9537 (as added by section 3), the following: ``SEC. 9538. STATE LAW. ``(a) State Law on Reporting Incidents of Sexual Conduct Involving a Minor.--As a condition of receiving funds under this Act, a State shall have in effect and be enforcing a State law and State policy that, as determined by the Secretary, ensures the following: ``(1) Individuals employed at a school located in the State report to law enforcement officials any known or suspected incidents of sexual conduct involving a minor and an individual employed at the school or any other school in the State. ``(2) The State ensures that any individual who violates paragraph (1) by failing to report to law enforcement officials any such incidents is fined or otherwise penalized. ``(3) The State makes available in an interstate clearinghouse to schools, local educational agencies, and State educational agencies, the identity of any individual-- ``(A) who was reported under paragraph (1) as being involved in an incident of sexual conduct with a minor; and ``(B) whose employment at a school in the State was terminated as a result of the incident. ``(4) The State creates safeguards to ensure that the information described in paragraph (3) is only made available to schools, local educational agencies, and State educational agencies, and not the general public. ``(b) Regulations.--The Secretary shall prescribe regulations on-- ``(1) how a State shall carry out the requirements of subsection (a); and ``(2) how a State shall report to the schools in the State, the termination of the employment at a school of an individual described in subsection (a)(3). ``(c) Definitions.--For purposes of this section-- ``(1) Minor.--The term `minor' means an individual who is under 18 years of age. ``(2) School.--The term `school' means an entity that-- ``(A) is a public or private-- ``(i) day or residential elementary school or secondary school; or ``(ii) early childhood, elementary school, or secondary school program that is under the jurisdiction of a school, local educational agency, educational service agency, or other educational institution or program; and ``(B) receives, or serves students who receive, support in any form from any program supported, in whole or in part, with funds appropriated to the Department of Education. ``(3) Sexual conduct.--The term `sexual conduct' has the meaning given the term in section 1822 of title 18, United States Code.''. (b) Table of Contents.--The table of contents at the beginning of such Act is amended by adding after the item relating to section 9537 the following new item: ``9538. State law.''.

Jeremy Bell Act of 2011 - Amends the federal criminal code to prohibit an employer from directing, causing, persuading, inducing, or enticing the travel of an employee in one state to employment in another state if the employer knows that the employee engaged in sexual conduct with a person under age 18 that would constitute a felony where such conduct occurred during the course of employment. Sets penalties for violations. Amends the Elementary and Secondary Education Act of 1965 to authorize a private or public elementary or secondary school, a local educational agency, or a state educational agency to receive funds under such Act only if it has in effect a policy that ensures that every individual employed by it has undergone a fingerprint-based check of the national crime information databases and, where possible, of state criminal history databases. Conditions a state's receipt of funds under such Act on enforcement of a state law and policy that ensures that: (1) individuals employed at a school located in the state report to law enforcement officials any incidents of sexual conduct involving a minor and an individual employed at any school in the state; (2) employees who fail to report such incidents are penalized; (3) the state makes available in an interstate clearinghouse to schools, local educational agencies, and state educational agencies the identity of any individual who was so reported and whose employment was terminated as a result; and (4) such information is only made available to schools, local educational agencies, and state educational agencies, not the general public.

To amend title 18, United States Code, to provide penalties with respect to employers' conduct relating to persons engaging in sexual conduct with children, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Crime Victims Act of 2015''. SEC. 2. POINT OF ORDER AGAINST CERTAIN CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. (a) Findings.--Congress finds that-- (1) the Crime Victims Fund was created in 1984, with the support of overwhelming bipartisan majorities in the House of Representatives and the Senate and the support of President Ronald Reagan, who signed the Victims of Crime Act of 1984 (Public Law 98-473) into law; (2) the Crime Victims Fund was created based on the principle that funds the Federal Government collects from those convicted of crime should be used to aid those who have been victimized by crime; (3) the Crime Victims Fund is funded from fines, penalties, and forfeited bonds in Federal court and private donations; (4) the Crime Victims Fund receives no taxpayer dollars; (5) Federal law provides that funds deposited into the Crime Victims Fund shall be used to provide services to victims of crime in accordance with the Victims of Crime Act of 1984; (6) the Victims of Crime Act of 1984 gives priority to victims of child abuse, sexual assault, and domestic violence; (7) since fiscal year 2000, Congress has been taking funds collected by the Crime Victims Fund and not disbursing the full amount provided for under the Victims of Crime Act of 1984; (8) over $10,000,000,000 has been withheld from victims of child abuse, sexual assault, domestic violence, and other crimes; (9) from fiscal year 2010 through fiscal year 2014, the Crime Victims Fund collected $12,000,000,000, but Congress disbursed only $3,600,000,000 (or 30 percent) to crime victims; (10) under budget rules, Congress represents that the money it has already spent in prior years is still in the Crime Victims Fund and available for victims of crime; (11) Congress concludes that it is time to restore fairness to crime victims; and (12) Congress concludes that henceforth, funds collected by the Crime Victims Fund should be used for services to crime victims in accordance with the Victims of Crime Act of 1984. (b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the end the following: ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS LEGISLATION ``SEC. 441. POINT OF ORDER AGAINST CHANGES IN MANDATORY PROGRAMS AFFECTING THE CRIME VICTIMS FUND. ``(a) Definitions.--In this section-- ``(1) the term `CHIMP' means a provision that-- ``(A) would have been estimated as affecting direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) (as in effect prior to September 30, 2002) if the provision was included in legislation other than appropriation Acts; and ``(B) results in a net decrease in budget authority in the current year or the budget year, but does not result in a net decrease in outlays over the period of the total of the current year, the budget year, and all fiscal years covered under the most recently adopted concurrent resolution on the budget; ``(2) the term `Crime Victims Fund' means the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601); and ``(3) the term `3-year average amount' means the annual average amount that was deposited into the Crime Victims Fund during the 3-fiscal-year period beginning on October 1 of the fourth fiscal year before the fiscal year to which a CHIMP affecting the Crime Victims Fund applies. ``(b) Point of Order in the Senate.-- ``(1) In general.--When the Senate is considering a bill or joint resolution making appropriations for a fiscal year, or an amendment thereto, amendment between the Houses in relation thereto, conference report thereon, or motion thereon, if a point of order is made by a Senator against a provision containing a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount, and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. ``(2) Form of the point of order.--A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e). ``(3) Conference reports.--When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to paragraph (1), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. ``(4) Supermajority waiver and appeal.--In the Senate, this subsection may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chose and sworn. An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. ``(5) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate. ``(c) Point of Order in the House of Representatives.-- ``(1) In general.--A provision in a bill or joint resolution making appropriations for a fiscal year that proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount shall not be in order in the House of Representatives. ``(2) Amendments and conference reports.--It shall not be in order in the House of Representatives to consider an amendment to, or a conference report on, a bill or joint resolution making appropriations for a fiscal year if such amendment thereto or conference report thereon proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. ``(3) Determination.--For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the House of Representatives.''. (c) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 428 the following: ``Part C--Additional Limitations on Budgetary and Appropriations Legislation ``Sec. 441. Point of order against changes in mandatory programs affecting the Crime Victims Fund.''.

. Fairness for Crime Victims Act of 2015 (Sec. 2) This bill amends the Congressional Budget Act of 1974 to establish a point of order in the Senate and House of Representatives against any provision in an appropriation measure, amendment, motion, or conference report that: (1) contains a change in mandatory program spending, (2) reduces budget authority in the current year but does not reduce outlays over time, and (3) limits obligations from the Crime Victims Fund during a fiscal year to less than the average amount deposited into the Fund during the previous three fiscal years. The bill permits a Senator to raise a point of order to strike such provision or to prevent its incorporation through amendment or motion. If the point of order is sustained by the Chair, the provision is stricken and may not be offered as an amendment from the floor. A motion to waive or suspend the point of order, or a motion to sustain an appeal of the ruling the Chair on such point of order, requires the affirmative vote of three-fifths of Members. It also prohibits consideration of such provision in the House of Representatives.

Fairness for Crime Victims Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Celia Cruz Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds as follows: (1) Celia Cruz began singing in amateur contests in her hometown of Havana, Cuba, at the age of 14. (2) During this period Cruz studied music theory, piano and voice at Cuba's National Music Conservatory. (3) During the 1950's, Cruz became an accomplished music talent and recording artist in Cuba and beyond the island's shores. (4) On July 15, 1960, Cruz, her husband, and the members of her band fled Cuba for the United States to escape the oppressive regime of Fidel Castro. (5) Cruz and her husband worked and lived in the United States and became naturalized American citizens. (6) Cruz' successful career in the entertainment industry spanned over 5 decades and she is widely known around the globe as ``The Queen of Salsa''. (7) Cruz recorded over 70 records during her career, earning multiple Grammy Awards and a Billboard Magazine Lifetime Achievement Award in 1995. (8) Cruz has also won numerous Latin Grammy Awards and other music industry recognitions that include a myriad of platinum albums. (9) Cruz has been honored with a Lifetime Achievement Award by the Smithsonian Institution and, in 1994, President Clinton presented Cruz with the National Medal of the Arts, the United States highest tribute in the arts community. (10) Celia Cruz was a champion of freedom and artistic expression who dedicated herself to helping others. (11) During the summer of 2002, a foundation was established in her name, the Celia Cruz Foundation, helping to realize her dream of providing financial aid to low-income students who wish to study music and to assist cancer victims. (12) Celia Cruz, whose music, energy, and happiness made her a role model for generations of Americans and inspired audiences around the world, died on July 16, 2003 in Fort Lee, New Jersey. (13) In 2008, the world will mark the 5th anniversary of her death and it will be an appropriate time to remember her achievements and lasting musical works and charitable legacy. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the achievements and lasting musical works and charitable legacy of Celia Cruz, the Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $1 silver coins.--Not more than 300,000 $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. (2) Half dollar clad coins.--Not more than 500,000 half dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 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 Celia Cruz and her lasting legacy. (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 ``2008''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', ``E Pluribus Unum'', and ``The Queen of Salsa''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the Celia Cruz Foundation; 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 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2008. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2008. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing.--The Secretary, in cooperation with the Celia Cruz Foundation, shall develop and implement a marketing program to promote and sell the coins issued under this Act both within the United States and internationally. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) $10 per coin for the $1 coin. (2) $3 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Celia Cruz Foundation, a nonprofit corporation dedicated to offering financial aid to under-privileged students who wish to study music as well as funding efforts in the fight against cancer, for the purpose of supporting the programs of the Foundation. (c) Audits.--The Celia Cruz Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation under subsection (b).

Celia Cruz Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 300,000 one dollar silver coins and 500,000 half dollar clad coins emblematic of Celia Cruz (known as the "Queen of Salsa") and her legacy. Establishes surcharges of ten dollars per coin for the dollar coin and three dollars per coin for the half dollar coin, which shall be paid to the Celia Cruz Foundation.

To require the Secretary of the Treasury to mint coins in commemoration of Celia Cruz.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personnel Security Act of 1994''. SEC. 2. AMENDMENT TO THE NATIONAL SECURITY ACT OF 1947. The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by inserting at the end thereof the following new title: ``TITLE VIII--ACCESS TO TOP SECRET INFORMATION ``eligibility for access to top secret information ``Sec. 801. (a) The President and Vice President, Members of the Congress, Justices of the Supreme Court and judges of other courts of the United States established pursuant to Article III of the Constitution, shall, by virtue of their elected or appointed positions, be entitled to access to Top Secret information needed for the performance of their governmental functions without regard to the other provisions of this title. ``(b) Among employees of the United States Government, access to Top Secret information shall be limited to employees who-- ``(1) have been granted access to such information pursuant to this title; ``(2) are citizens of the United States who require access to such information for the performance of official governmental functions; and ``(3) have been determined to be trustworthy based upon a background investigation and appropriate reinvestigations and have otherwise satisfied the requirements of section 802, below. ``(c) Access to Top Secret information by persons other than those identified in subsections (a) and (b) shall be permitted only in accordance with the regulations issued by the President pursuant to section 802 below. ``implementing regulations ``Sec. 802. The President shall, within 180 days of enactment of this title, issue regulations to implement this title which shall be binding upon all departments, agencies, and offices of the Executive branch. These regulations shall, at a minimum provide that-- ``(a) no employee of the United States Government shall be given access to Top Secret information owned, originated or possessed by United States, after the effective date of this title, by any department, agency, or entity of the United States Government unless such person has been subject to an appropriate background investigation and has-- ``(1) provided consent to the investigative agency responsible for conducting the security investigation of such person, during the initial background investigation and for such times as access to such information is maintained, and for 5 years thereafter, permitting access to-- ``(A) financial records concerning the subject pursuant to section 1104 of the Right to Financial Privacy Act of 1978; ``(B) consumer reports concerning the subject pursuant to section 1681b of the Consumer Credit Protection Act; and ``(C) records maintained by commercial entities within the United States pertaining to any travel by the subject outside the United States: Provided, that-- ``(i) no information may be requested by an authorized investigative agency pursuant to this section for any purpose other than making a security determination, unless such agency has reasonable grounds to believe, based upon specific and articulable facts available to it, that such person may pose a threat to the continued security of the information to which he or she had previously had access; and ``(ii) any information obtained by an authorized investigative agency pursuant to this section shall not be disseminated to any other department, agency, or entity for any purpose other than: (A) for making a security determination; or (B) for foreign counterintelligence or law enforcement purposes; ``(2) agreed, during the period of his or her access, to report to the department, agency, or entity granting such access in accordance with applicable regulations, any travel to foreign countries which has not been authorized as part of the subject's official duties; and ``(3) agreed to report to the Federal Bureau of Investigation, or to appropriate investigative authorities of the department, agency, or entity concerned, any unauthorized contacts with persons known to be foreign nationals or persons representing foreign nationals, where an effort to acquire classified information is made by the foreign national, or where such contacts appear intended for this purpose. For purposes of this subsection, the term `unauthorized contacts' does not include contacts made within the context of an authorized diplomatic relationship. Failure by the employee to comply with any of the requirements of this subsection shall constitute grounds for denial or termination of access to the Top Secret information concerned. ``(b) all employees granted access to Top Secret information pursuant to this subsection shall also be subject to-- ``(1) additional background investigations by appropriate governmental authorities during the period of access at no less frequent interval than every 5 years, except that any failure to satisfy this requirement that is not solely attributable to the subject of the investigation shall not result in a loss or denial of access; and ``(2) investigation by appropriate governmental authority at any time during the period of access to ascertain whether such persons continue to meet the requirements for access; ``(c) access to Top Secret information by categories of persons who do not meet the requirements of subsections (A) and (B) of this section may be permitted only where the president, or officials designated by the President for this purpose, determine that such access is essential to protect or further the national security interests of the United States; and ``(d) a single office within the Executive branch shall be designated to monitor the implementation and operation of this title within the Executive branch. This office shall submit an annual report to the President and appropriate committees of the Congress, describing the operation of this title and recommending needed improvements. A copy of the regulations implementing this title shall be provided to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives thirty days prior to their effective date. ``waivers for individual cases ``Sec. 803. In extraordinary circumstances, when essential to protect or further the national security interests of the United States, the President (or officials designated by the President for this purpose) may waive the provisions of this title, or the provisions of the regulations issued pursuant to section 802, above, in individual cases involving persons who are citizens of the United States or are persons admitted into the United States for permanent residence: Provided, that all such waivers shall be made a matter of record and reported to the office designated pursuant to subsection 802(D), above, and shall be available for review by the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. ``definitions ``Sec. 804. For purposes of this title-- ``(a) the term `national security' refers to the national defense and foreign relations of the United States; ``(b) the phrases `information classified in the interest of national security' or `classified information' mean any information originated by or on behalf of the United States Government, the unauthorized disclosure of which would cause damage to the national security, which has been marked and is controlled pursuant to the Executive Order 12356 of April 2, 1982, or successor orders, or the Atomic Energy Act of 1954; ``(c) the term `Top Secret information' means information classified in the interests of national security, the unauthorized disclosure of which would cause exceptionally grave damage to the national security; ``(d) the term `employee' includes any person who receives a salary or compensation of any kind from the United States Government, is a contractor of the United States Government, is an unpaid consultant of the United States Government, or otherwise acts for or on behalf of the United States Government, but does not include the President or Vice President of the United States, Members of the Congress of the United States, Justices of the Supreme Court or judges of other federal courts established pursuant to Article III of the Constitution; and ``(e) the term `authorized investigative agency' means an agency authorized by law or regulation to conduct investigations of persons who are proposed for access to Top Secret information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information. ``effective date ``Sec. 805. This title shall take effect 180 days after the date of its enactment.''

Personnel Security Act of 1994 - Amends the National Security Act of 1947 to: (1) entitle the President and Vice President, Members of Congress, Justices of the Supreme Court, and judges of other U.S. courts established pursuant to Article III of the Constitution to access to top secret information needed for the performance of their governmental functions (category I); and (2) limit such access to only those Government employees who are U.S. citizens who require access for the performance of official governmental functions, who have been determined to be trustworthy based upon a background investigation and appropriate reinvestigations, and who have otherwise satisfied specified requirements (category II). Permits access by others only in accordance with regulations to be issued by the President providing that: (1) no Government employee shall be given access unless such employee has been subject to an appropriate background investigation, has consented to permit examination of financial records, consumer reports, and foreign travel records maintained by U.S. commercial entities pertaining to such employee and has agreed to report any foreign travel which has not been authorized as part of the subject's official duties and any unauthorized contracts with persons known to be foreign nationals or persons representing foreign nations where an effort to acquire classified information is made or where such contacts appear intended for such purpose; (2) all employees granted access shall be subject to additional background investigations at least every five years and to investigation at any time during the period of access; (3) access by persons other than those in categories I and II may be permitted only where the President determines that such access is essential to protect or further national security interests; and (4) a single office within the executive branch shall be designated to monitor and report regarding the implementation and operation of this title. Provides for waivers in extraordinary cases.

Personnel Security Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dwight D. Eisenhower Mathematics and Science Education Amendments of 1993''. SEC. 2. AMENDMENTS TO MATHEMATICS AND SCIENCE EDUCATION GRANTS AND PROGRAMS. (a) In-State Apportionment.--Section 2005(c)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2985(c)(1)) is amended-- (1) by striking ``or institution'' and inserting ``, institution''; and (2) by inserting after ``higher education'' the following: ``, nonprofit organizations including, museums and educational partnership organizations''. (b) Elementary and Secondary Education Programs.--Section 2006 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2986) is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (B), by inserting after ``minority teachers'' the following: ``or teachers who are members of populations that are underserved by and underrepresented in mathematics and science education''; and (B) in subparagraph (C)-- (i) by inserting ``, calculators'' after ``use of''; and (ii) by striking ``(which'' and all that follows through ``met)''; (2) in paragraph (2) of subsection (d)-- (A) by striking ``(1)'' and inserting ``(1)(A) or (1)(B)''; (B) by striking ``elementary and middle schools'' and inserting ``elementary schools or middle schools''; and (C) by inserting ``, as appropriate,'' after ``such local educational agency''. (c) Higher Education Programs.--Section 2007 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2987) is amended-- (1) in subsection (b)-- (A) by amending paragraph (1)(B) to read as follows: ``(B)(i) The State agency for higher education shall, from not less than 80 percent of the funds available under this subsection, make grants available on a competitive basis to institutions of higher education, nonprofit organizations, museums, and educational partnership organizations in the State which apply for payments under this section and which demonstrate involvement of local educational agencies. ``(ii) The State agency for higher education may, from not more than 20 percent of the funds available under this subsection, make discretionary grants for purposes of addressing the needs of populations that are underserved by and underrepresented in mathematics and science education to institutions of higher education in the State which apply for payments under this section and which demonstrate involvement of local educational agencies. ``(iii) The State agency for higher education shall make every effort to ensure equitable participation of private and public institutions of higher education.''; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``who'' and all that follows through ``level'' and inserting ``of mathematics and science at the elementary and secondary levels''; (ii) in subparagraph (B)-- (I) by striking the comma before ``including'' and inserting the following: ``and training for elementary school teachers to increase their content knowledge of mathematics and science,''; and (II) by striking ``and'' at the end; (iii) in subparagraph (C)-- (I) by striking ``teaching skills'' and inserting ``content knowledge, teaching skills, and instructional practices based on current research''; and (II) by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following new subparagraph: ``(D) recruiting and training minority students to become mathematics and science teachers.''; (2) by amending subsection (d) to read as follows: ``(d) Technical Assistance and Evaluation.--Not more than 5 percent of the amount available under this section, or $30,000, whichever is greater, may be used by the State agency for higher education for-- ``(1) providing technical assistance to local educational agencies, institutions of higher education, and nonprofit organizations, including museums, libraries, and educational television stations, in the conduct of programs specified in this section; ``(2) the costs incurred by the State agency for higher education for evaluating programs assisted under this subpart; and ``(3) developing plans for reform of teacher preparation in mathematics and science at the State level.''; and (3) by adding at the end the following new subsection: ``(e) Administrative Costs.--Not more than 5 percent of the amount available under this section, or $30,000, whichever is greater, may be used by the State agency for higher education for the costs of the administration and assessment of programs assisted under this subpart. (f) State Application.--Section 2008(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2988(d)) is amended by adding at the end the following new paragraph: ``(5) How the programs planned under this subpart reflect consideration of national standards in mathematics and science.''. (d) Local Application.--Section 2009 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2989) is amended-- (1) in subsection (b)-- (A) by inserting before the semicolon at the end of paragraph (2) the following: ``and how the programs reflect consideration of national standards in mathematics and science''; (B) in paragraph (3), by inserting ``, subject to subsection (d),'' after ``subpart''; (C) by striking ``and'' at the end of paragraph (5); (D) by striking the period at the end of paragraph (6) and inserting ``; and''; and (E) by adding at the end the following new paragraphs: ``(7) describe how funds under this subpart will be coordinated with other Federal categorical education aid and grants that support a clearly articulated state and local education reform plan.''; and (2) by adding at the end the following new subsection: ``(d) Applicability of Regulations Under Other Mathematics or Science Education Programs.--No local educational agency, State educational agency, or institution of higher education entering into an agreement with the Secretary of Education to receive funds under this subpart shall be required to comply with the regulations of any other separate Federal mathematics or science education program.''.

Dwight D. Eisenhower Mathematics and Science Education Amendments of 1993 - Amends the Elementary and Secondary Education Act of 1965 (of which title II part A is the Dwight D. Eisenhower Mathematics and Science Education Act) to revise provisions for mathematics and science education grants and programs with respect to: (1) in-State apportionment; (2) elementary and secondary education programs; (3) higher education programs; (4) technical assistance and evaluation; (5) administrative costs; and (6) State and local applications.

Dwight D. Eisenhower Mathematics and Science Education Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Debt Collection Abuse Act of 2017''. SEC. 2. DEFINITIONS. Section 803 of the Fair Debt Collection Practices Act (15 U.S.C. 1692a) is amended-- (1) in paragraph (4), by striking ``facilitating collection of such debt for another'' and inserting ``collection of such debt''; (2) by amending paragraph (5) to read as follows: ``(5) The term `debt' means-- ``(A) any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment; or ``(B) any obligation or alleged obligation of a consumer-- ``(i) to pay a loan, an overpayment, a fine, a penalty, a fee, or other money currently or originally owed to a Federal agency; and ``(ii) that is not less than 180 days past due.''; and (3) in paragraph (6)-- (A) by striking the first sentence and inserting the following: ``The term `debt collector' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts; who regularly collects or attempts to collect, directly or indirectly, by the person's own means or by hiring another debt collector, debts owed or due or asserted to be owed or due another or that have been obtained by assignment or transfer from another; or who regularly collects debts currently or originally owed or allegedly owed to a Federal agency.''; and (B) in subparagraph (F), by inserting ``or that has been obtained by assignment or transfer from another'' after ``owed or due another''. SEC. 3. DEBT COLLECTION PRACTICES FOR DEBT COLLECTORS HIRED BY GOVERNMENT AGENCIES. The Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) is amended by inserting after section 812 (15 U.S.C. 1692j) the following: ``Sec. 812A. Debt collection practices for debt collectors hired by Federal agencies ``(a) Limitation on Time To Turn Debt Over to Debt Collector.--A Federal agency that is a creditor may sell or transfer a debt described in section 803(5)(B) to a debt collector not earlier than 90 days after the date on which the obligation or alleged obligation becomes delinquent or defaults. ``(b) Required Notice.-- ``(1) In general.--Before transferring or selling a debt described in section 803(5)(B) to a debt collector or contracting with a debt collector to collect such a debt, a Federal agency shall notify the consumer not fewer than 3 times that the Federal agency will take such action. ``(2) Frequency of notifications.--The second and third notifications described in paragraph (1) shall be made not less than 30 days after the date on which the previous notification is made.''. SEC. 4. UNFAIR PRACTICES. Section 808 of the Fair Debt Collection Practices Act (15 U.S.C. 1692f) is amended by striking paragraph (1) and inserting the following: ``(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless-- ``(A) such amount is expressly authorized by the agreement creating the debt or permitted by law; and ``(B) in the case of any amount charged by a debt collector collecting a debt described in section 803(5)(B), such amount is-- ``(i) reasonable in relation to the actual costs of the collection; ``(ii) authorized by a contract between the debt collector and the Federal agency; and ``(iii) not greater than 10 percent of the amount collected by the debt collector.''. SEC. 5. GAO STUDY AND REPORT. (a) Study.--The Comptroller General of the United States shall commence a study on the use of debt collectors by State and local government agencies, including-- (1) the powers given to the debt collectors by Federal, State, and local government agencies; (2) the contracting process that allows a Federal, State, or local government agency to award debt collection to a certain company, including the selection process; (3) any fees charged to debtors in addition to principal and interest on the outstanding debt; (4) how the fees described in paragraph (3) vary from State to State; (5) consumer protection at the State level that offer recourse to those whom debts have been wrongfully attributed; (6) the revenues received by debt collectors from Federal, State, and local government agencies; (7) the amount of any revenue sharing agreements between debt collectors and Federal, State, and local government agencies; (8) the difference in debt collection procedures across geographic regions, including the extent to which debt collectors pursue court judgments to collect debts; and (9) any legal immunity or other protections given to the debt collectors hired by State and local government agencies, including whether the debt collectors are subject to the Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.). (b) Report.--Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the completed study required under subsection (a).

Stop Debt Collection Abuse Act of 2017 This bill amends the Fair Debt Collection Practices Act to apply that Act's restrictions to collectors of debt owed to a federal agency. A federal agency that is a creditor may not sell or transfer a debt to a debt collector until 90 days after the obligation becomes delinquent or defaults. Specified notice to the consumer of such a sale or transfer is required. A collector of debt owed to a federal agency may not collect any interest, fee, charge, or expense that is: (1) unreasonable in relation to actual costs, (2) not authorized by a contract between the debt collector and the federal agency, or (3) greater than 10% of the amount collected. The Government Accountability Office shall study and report to Congress on the use of debt collectors by federal, state, and local government agencies.

Stop Debt Collection Abuse Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cybersecurity and Internet Safety Standards Act''. SEC. 2. DEFINITIONS. In this Act: (1) Computers.--Except as otherwise specifically provided, the term ``computers'' means computers and other devices that connect to the Internet. (2) Providers.--The term ``providers'' means Internet service providers, communications service providers, electronic messaging providers, electronic mail providers, and other persons who provide a service or capability to enable computers to connect to the Internet. (3) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of Homeland Security. SEC. 3. FINDINGS. Congress finds the following: (1) While the Internet has had a profound impact on the daily lives of the people of the United States by enhancing communications, commerce, education, and socialization between and among persons regardless of their location, computers may be used, exploited, and compromised by terrorists, criminals, spies, and other malicious actors, and, therefore, computers pose a risk to computer networks, critical infrastructure, and key resources in the United States. Indeed, users of computers are generally unaware that their computers may be used, exploited, and compromised by others with spam, viruses, and other malicious software and agents. (2) Since computer networks, critical infrastructure, and key resources of the United States are at risk of being compromised, disrupted, damaged, or destroyed by terrorists, criminals, spies, and other malicious actors who use computers, cybersecurity and Internet safety is an urgent homeland security issue that needs to be addressed by providers, technology companies, and persons who use computers. (3) The Government and the private sector need to work together to develop and enforce minimum voluntary or mandatory cybersecurity and Internet safety standards for users of computers to prevent terrorists, criminals, spies, and other malicious actors from compromising, disrupting, damaging, or destroying the computer networks, critical infrastructure, and key resources of the United States. SEC. 4. COST-BENEFIT ANALYSIS. (a) Requirement for Analysis.--The Secretary, in consultation with the Attorney General, the Secretary of Commerce, and the Director of National Intelligence, shall conduct an analysis to determine the costs and benefits of requiring providers to develop and enforce voluntary or mandatory minimum cybersecurity and Internet safety standards for users of computers to prevent terrorists, criminals, spies, and other malicious actors from compromising, disrupting, damaging, or destroying computer networks, critical infrastructure, and key resources. (b) Factors.--In conducting the analysis required by subsection (a), the Secretary shall consider-- (1) all relevant factors, including the effect that the development and enforcement of minimum voluntary or mandatory cybersecurity and Internet safety standards may have on homeland security, the global economy, innovation, individual liberty, and privacy; and (2) any legal impediments that may exist to the implementation of such standards. SEC. 5. CONSULTATION. In conducting the analysis required by section 4, the Secretary shall consult with the Attorney General, the Secretary of Commerce, the Director of National Intelligence, the Federal Communications Commission, and relevant stakeholders in the Government and the private sector, including the academic community, groups, or other institutions, that have scientific and technical expertise related to standards for computer networks, critical infrastructure, or key resources. SEC. 6. REPORT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a final report on the results of the analysis required by section 4. Such report shall include the consensus recommendations, if any, for minimum voluntary or mandatory cybersecurity and Internet safety standards that should be developed and enforced for users of computers to prevent terrorists, criminals, spies, and other malicious actors from compromising, disrupting, damaging, or destroying computer networks, critical infrastructure, and key resources. (b) Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Energy and Commerce, the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Oversight and Government Reform of the House of Representatives.

Internet and Cybersecurity Safety Standards Act - Directs the Secretary of Homeland Security (DHS) to conduct an analysis to determine the costs and benefits of requiring Internet service providers, communications service providers, electronic messaging providers, electronic mail providers, and other persons who provide a service or capability to enable computers to connect to the Internet to develop and enforce voluntary or mandatory minimum cybersecurity and Internet safety standards for users of computers to prevent terrorists, criminals, spies, and other malicious actors from compromising, disrupting, damaging, or destroying computer networks, critical infrastructure, and key resources. Directs the Secretary to consider: (1) the effect that such standards may have on homeland security, the global economy, innovation, individual liberty, and privacy; and (2) any legal impediments that may exist to the implementation of such standards.

A bill to reduce the ability of terrorists, spies, criminals, and other malicious actors to compromise, disrupt, damage, and destroy computer networks, critical infrastructure, and key resources, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Community Radio Act of 2009''. SEC. 2. AMENDMENT. Section 632 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law 106-553; 114 Stat. 2762A-111), is amended to read as follows: ``Sec. 632. (a) The Federal Communications Commission shall modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99-25, to-- ``(1) prescribe protection for co-channels and first- and second-adjacent channels; and ``(2) prohibit any applicant from obtaining a low-power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation of section 301 of the Communications Act of 1934 (47 U.S.C. 301). ``(b) Any license that was issued by the Federal Communications Commission to a low-power FM station prior to April 2, 2001, and that does not comply with the modifications adopted by the Commission in MM Docket No. 99-25 on April 2, 2001, shall remain invalid.''. SEC. 3. MINIMUM DISTANCE SEPARATION REQUIREMENTS. The Federal Communications Commission shall modify its rules to eliminate third-adjacent minimum distance separation requirements between-- (1) low-power FM stations; and (2) full-service FM stations, FM translator stations, and FM booster stations. SEC. 4. PROTECTION OF RADIO READING SERVICES. The Federal Communications Commission shall comply with its existing minimum distance separation requirements for full-service FM stations, FM translator stations, and FM booster stations that broadcast radio reading services via an analog subcarrier frequency to avoid potential interference by low-power FM stations. SEC. 5. ENSURING AVAILABILITY OF SPECTRUM FOR LOW-POWER FM STATIONS. The Federal Communications Commission, when licensing new FM translator stations, FM booster stations, and low-power FM stations, shall ensure-- (1) that licenses are available to FM translator stations, FM booster stations, and low-power FM stations; and (2) that such decisions are made based on the needs of the local community. SEC. 6. PROTECTION OF TRANSLATOR INPUT SIGNALS. The Federal Communications Commission shall modify its rules to address the potential for predicted interference to FM translator input signals on third-adjacent channels set forth in section 2.7 of the technical report entitled ``Experimental Measurements of the Third- Adjacent Channel Impacts of Low-Power FM Stations, Volume One--Final Report (May 2003)''. SEC. 7. ENSURING EFFECTIVE REMEDIATION OF INTERFERENCE. The Federal Communications Commission shall modify the interference complaint process described in section 73.810 of its rules (47 CFR 73.810) as follows: (1) With respect to those low-power FM stations licensed at locations that do not satisfy third-adjacent channel spacing requirements under section 73.807 of the Commission's rules (47 CFR 73.807), the Federal Communications Commission shall provide the same interference protections that FM translator stations and FM booster stations are required to provide as set forth in section 74.1203 of its rules (47 CFR 74.1203) as in effect on the date of enactment of this Act. (2) For a period of 1 year after a new low-power FM station is constructed on a third-adjacent channel, such low-power FM station shall be required to broadcast periodic announcements that alert listeners that interference that they may be experiencing could be the result of the operation of such low- power FM station on a third-adjacent channel and shall instruct affected listeners to contact such low-power FM station to report any interference. The Federal Communications Commission shall require all newly constructed low-power FM stations on third-adjacent channels to-- (A) notify the Federal Communications Commission and all affected stations on third-adjacent channels of an interference complaint by electronic communication within 48 hours after the receipt of such complaint; and (B) cooperate in addressing any such interference. (3) Low-power FM stations on third-adjacent channels shall be required to address complaints of interference within the protected contour of an affected station and shall be encouraged to address all other interference complaints, including complaints to the Federal Communications Commission based on interference to a full-service FM station, an FM translator station, or an FM booster station by the transmitter site of a low-power FM station on a third-adjacent channel at any distance from the full-service FM station, FM translator station, or FM booster station. The Federal Communications Commission shall provide notice to the licensee of a low-power FM station of the existence of such interference within 7 calendar days of the receipt of a complaint from a listener or another station. (4) To the extent possible, the Federal Communications Commission shall grant low-power FM stations on third-adjacent channels the technical flexibility to remediate interference through the colocation of the transmission facilities of the low-power FM station and any stations on third-adjacent channels. (5) The Federal Communications Commission shall-- (A) permit the submission of informal evidence of interference, including any engineering analysis that an affected station may commission; (B) accept complaints based on interference to a full-service FM station, FM translator station, or FM booster station by the transmitter site of a low-power FM station on a third-adjacent channel at any distance from the full-service FM station, FM translator station, or FM booster station; and (C) accept complaints of interference to mobile reception. SEC. 8. FCC STUDY ON IMPACT OF LOW-POWER FM STATIONS ON FULL-SERVICE COMMERCIAL FM STATIONS. (a) In General.--The Federal Communications Commission shall conduct an economic study on the impact that low-power FM stations will have on full-service commercial FM stations. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Federal Communications Commission shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the study conducted under subsection (a). (c) Licensing Not Affected by Study.--Nothing in this section shall affect the licensing of new low-power FM stations as otherwise permitted under this Act. Passed the House of Representatives December 16, 2009. Attest: LORRAINE C. MILLER, Clerk.

Local Community Radio Act of 2009 - (Sec. 2) Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 to require the Federal Communications Commission (FCC) to modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99-25, to: (1) prescribe protection for co-channels and first- and second-adjacent channels; and (2) prohibit any applicant from obtaining a low-power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation of the Communications Act of 1934. (Current law is the same, except that clause (1) instead requires prescribing minimum distance separations for third-adjacent channels, as well as for co-channels and first- and second-adjacent channels.) States that any license that was issued by the FCC to a low-power FM station prior to April 2, 2001, and that does not comply with the modifications adopted by the Commission in the above docket on April 2, 2001, shall remain invalid. Eliminates provisions prohibiting the FCC from extending the eligibility for application for low-power FM stations beyond the organizations and entities as proposed in the above docket. (Sec. 3) Requires the FCC to eliminate third-adjacent minimum distance separation requirements between: (1) low-power FM stations; and (2) full-service FM stations, FM translator stations, and FM booster stations. (Sec. 4) Requires the FCC to comply with its existing minimum distance separation requirements for full-service FM stations, FM translator stations, and FM booster stations that broadcast radio reading services via an analog subcarrier frequency to avoid potential interference by low-power FM stations. (Sec. 5) Requires the FCC, when licensing new FM translator stations, FM booster stations, and low-power FM stations, to ensure that: (1) licenses are available to FM translator stations, FM booster stations, and low-power FM stations; and (2) such decisions are made based on the needs of the local community. (Sec. 6) Requires the FCC to modify its rules to address the potential for predicted interference to FM translator input signals on third-adjacent channels set forth in a specified technical report. (Sec. 7) Requires the FCC to modify the interference complaint process in specified ways. (Sec. 8) Requires the FCC to study and report to Congress on the impact that low-power FM stations will have on full-service commercial FM stations.

To implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Design Services Act of 2014''. SEC. 2. ARCHITECT LOAN REPAYMENT PROGRAM. Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended by adding at the end the following new section: ``SEC. 5322. ARCHITECT LOAN REPAYMENT PROGRAM. ``(a) Authorization.--The Secretary may establish and carry out a loan repayment program for eligible architects (in this section referred to as the `loan repayment program') who provide eligible design services on behalf of a Community Design Center. ``(b) Contract.--To be eligible to participate in the loan repayment program, an eligible architect shall enter into a written contract with the Secretary that contains-- ``(1) an agreement under which-- ``(A) the eligible architect agrees to provide eligible design services on behalf of a Community Design Center for a period of not shorter than 1 year; and ``(B) the Secretary agrees to make payments on the principal and interest of qualifying educational loans of the eligible architect in an amount to be determined by the Secretary for the period of time the eligible architect provides such eligible design services; ``(2) a provision that any financial obligation of the United States arising out of a contract entered into under this subsection and any obligation of the eligible architect which is conditioned thereon, is contingent upon funds being appropriated for the loan repayment program under this section; and ``(3) a statement of the damages to which the United States is entitled under subsection (f) if the eligible architect breaches the contract. ``(c) Eligible Design Services.--The term `eligible design services' means research or design services as follows: ``(1) The design, including the preparation of construction documents, of housing facilities, schools, health clinics, libraries, community centers, and other public facilities (except for buildings used for the general conduct of government). ``(2) The development of comprehensive long-range community development plans. ``(3) The development of plans for neighborhoods that are appropriate for rehabilitation or conservation activities, including neighborhoods that are blighted, deteriorated, or deteriorating. ``(4) The preservation or rehabilitation of historic sites. ``(5) The design, including the preparation of construction documents, of building retrofits for energy and water efficiency and conservation improvements. ``(6) Assessment of the safety of structures that are in disrepair or have been damaged as the result of natural or manmade disasters. ``(7) The design of improvements that remove architectural barriers which restrict the mobility of elderly individuals and individuals with disabilities. ``(8) Plans for the redevelopment of traditional main streets and business districts. ``(9) Other activities as the Secretary may determine. ``(d) Application.--The Secretary shall provide for an eligible architect to submit an application to participate in the loan repayment program to the Secretary at such time, in such manner, and containing such information as the Secretary may require which shall include-- ``(1) proof of employment by a Community Design Center for a period of not less than 1 year; ``(2) a statement of the amount of compensation the eligible architect will receive from the Community Design Center; and ``(3) a contract entered into pursuant to subsection (b). ``(e) Selection.--The Secretary shall select, from applications submitted under subsection (d), eligible architects to participate in the loan repayment program. ``(f) Administration.-- ``(1) Contracting authority.--The Secretary may enter into a contract with another Federal agency to assist in the administration of this program. ``(2) Breach.-- ``(A) In general.--A contract described in subsection (b) shall provide remedies for any breach of such contract by an eligible architect, including repayment or partial repayment of financial assistance received with interest. ``(B) Amounts recovered.--Funds recovered under this paragraph shall be credited to the account available to carry out this section and shall remain available until expended. ``(C) Waiver.--The Secretary may grant a waiver of any repayment obligation for breach of contract in the event of extreme hardship or extreme need, as determined by the Secretary. ``(3) Amount.--The Secretary shall develop regulations to determine the amount of loan repayment for 1 year of service by an eligible architect. In making the determination, the Secretary shall maximize the number of contracts that can be provided under the program from the amounts appropriated for such contracts. ``(4) Qualifying educational loans.--Loan repayments provided under this section may consist of payments on behalf of eligible architects of the principal and interest on government and commercial loans received by the eligible architect for attendance at an accredited masters program in architecture, which loans were made for-- ``(A) tuition expenses; ``(B) all other reasonable educational expenses, including fees, books, technology, and studio expenses incurred by the eligible architect; or ``(C) reasonable living expenses as determined by the Secretary. ``(5) Repayment schedule.--The Secretary may contract with an eligible architect's loan provider for the payment to the loan provider, on behalf of the eligible architect, of the amount of a loan repayment described in paragraph (3). ``(g) Construction.--Nothing in this section shall be construed to allow a Community Design Center to prepare building plans or construction documents that do not comply with applicable State and local laws and regulations related to building codes and permits. ``(h) Definitions.--In this section the following definitions shall apply: ``(1) Community design center.--The term `Community Design Center' means a non-profit organization operated and managed by a licensed architect that conducts research and provides eligible design services for community development projects. ``(2) Eligible architect.--The term `eligible architect' means an individual who-- ``(A) has completed an accredited masters program in architecture; or ``(B) is an intern architect who has completed an accredited masters program in architecture and is enrolled in the Intern Development Program of the National Council of Architectural Registration Boards. ``(3) State.--The term `State' means each of the several States, the District of Columbia, and any territory or possession of the United States. ``(i) Authorization of Appropriations.--There are authorized to be appropriated for carrying out this section such sums as may be necessary, to remain available until expended.''.

National Design Services Act of 2014 - Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development (HUD) to establish a loan repayment program for eligible architects who provide certain design services on behalf of a Community Design Center (a non-profit organization operated and managed by a licensed architect that conducts research and provides design services for community development projects). Requires an eligible architect, in order to participate in the loan repayment program, to enter into a written contract with the Secretary that contains: an agreement under which: (1) the architect agrees to provide eligible design services on behalf of a Community Design Center for at least one year, and (2) the Secretary agrees to pay the principal and interest of the architect's qualifying educational loans for the period of time the architect provides such services; a provision that any U.S. financial obligation arising out of the contract, and any obligation of the architect, is contingent upon appropriations for the loan repayment program; and a statement of the damages to which the United States is entitled if the eligible architect breaches the contract.

National Design Services Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hope Housing Act of 2006''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``authorized placement'' means placing a covered manufactured home as authorized by subparagraph (A), (B), or (C) of section 3(a)(1); (2) the term ``base flood'' means the flood which has a 1 percent chance of being equaled or exceeded in any given year; (3) the term ``costal high hazard area'' means an area subject to high velocity waters, including hurricane wave wash or a tsunami; (4) the term ``covered civil action'' means a civil action against the Federal Government (including a civil action against the Director) for damages related to the flooding of a covered manufactured home that is the subject of an authorized placement; (5) the term ``covered individual'' means an individual displaced by Hurricane Katrina of 2005 or Hurricane Rita of 2005; (6) the term ``covered manufactured home'' means a manufactured home purchased by the Federal Emergency Management Agency during the period beginning on August 1, 2005, and ending on the date of enactment of this Act; (7) the term ``Director'' means the Director of the Federal Emergency Management Agency; (8) the term ``flood'' means a general and temporary condition of partial or complete inundation of normally dry land areas from-- (A) the overflow of inland or tidal waters; or (B) the unusual and rapid accumulation or runoff of surface waters from any source; (9) the term ``flood plain'' means an area which has a 1 percent chance of being flooded in any given year; (10) the term ``floodway'' means that portion of the flood plain which-- (A) provides for the discharge of the base flood so the cumulative increase in water surface elevation is no more than 12 inches; and (B) is effective in carrying flow, within which this carrying capacity shall be preserved and where the flood hazard is generally highest; and (11) the term ``manufactured home'' has the same meaning as in section 603 of the Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5402). SEC. 3. EMERGENCY HOUSING FOR VICTIMS. (a) Use of Manufactured Homes.-- (1) In general.--Except as provided in paragraph (2), and notwithstanding any other provision of law (including section 9.13 of title 44, Code of Federal Regulations (or any corresponding similar regulation or ruling)), upon receiving a request from, or on behalf of, a covered individual, the Director shall place a covered manufactured home-- (A) in a floodway or costal high hazard area; (B) in a flood plain, without elevating such home up to the base flood level; or (C) in a flood plain, without complying with-- (i) the decision-making process required under section 9.6 of title 44, Code of Federal Regulations (or any corresponding similar regulation or ruling); and (ii) the mitigation requirements under section 9.11 of title 44, Code of Federal Regulations (or any corresponding similar regulation or ruling). (2) Evacuation plans.--The Director may not make an authorized placement, unless the Director has received an evacuation plan from State or local government officials that includes the area in which the covered placement will be made. (3) Types of use.--Any authorized placement shall be used to house covered individuals. (4) Promotional materials.--The Director shall make appropriate changes to any promotional materials to reflect, and otherwise publicize, the authorization in this subsection. (5) Rule of construction.--Nothing in this subsection shall be construed to prohibit any other lawful use of a covered manufactured home. (b) Liability.-- (1) In general.--If the Director makes an authorized placement, a covered civil action relating to the covered manufactured home involved in such authorized placement may not be brought in any Federal or State court. (2) Notice.--The Director shall provide any person to whom the Director provides a covered manufactured home as part of an authorized placement with written notice of-- (A) the potential risks associated with such placement; and (B) the limitations on liability under paragraph (1).

Hope Housing Act of 2006 - Requires the Director of the Federal Emergency Management Agency (FEMA) to place a manufactured home purchased by FEMA between August 1, 2005, and this Act's enactment date in a floodway or costal high hazard area or in a flood plain (without elevating such home up to the base flood level or without complying with specified decision-making processes and mitigation requirements) to house an individual displaced by Hurricane Katrina or Hurricane Rita, upon request from or on behalf of such individual, provided the Director has received an evacuation plan from the state or local government officials for the area of placement. Bars civil actions against the federal government for damages related to the flooding of a home that is the subject of such placement. Requires the Director to provide any person provided such a home with written notice of the potential risks associated with such placement and such limitations on liability.

A bill to authorize the Federal Emergency Management Agency to provide relief to the victims of Hurricane Katrina and Hurricane Rita by placing manufactured homes in flood plains, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Pension Forfeiture Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) Members of Congress pledge to uphold the Constitution and the laws of the United States; (2) Members of Congress are elected to serve in the public trust and pledge to uphold the public trust; (3) a breach of the public trust by a Member of Congress is a serious offense that should have serious consequences; and (4) taxpayers should not pay for the retirement benefits of Members of Congress who have breached the public trust. SEC. 3. FORFEITURE. (a) Civil Service Retirement System.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this subchapter, the service of an individual convicted of an offense described in paragraph (2) shall not, if or to the extent rendered as a Member (irrespective of when rendered), be taken into account for purposes of this subchapter. Any such individual (or other person determined under section 8342(c), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2)(A) An offense described in this paragraph is any offense described in subparagraph (B) for which the following apply: ``(i) The offense is committed by the individual (referred to in paragraph (1)) while a Member. ``(ii) The conduct on which the offense is based is directly related to the individual's service as a Member. ``(iii) The offense is committed during the One Hundred Fifth Congress or later. ``(B) The offenses described in this subparagraph are as follows: ``(i) An offense within the purview of-- ``(I) section 201 of title 18 (bribery of public officials and witnesses); ``(II) section 203 of title 18 (compensation to Members of Congress, officers, and others in matters affecting the Government); ``(III) section 204 of title 18 (practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress); ``(IV) section 207 of title 18 (restrictions on former officers, employees, and elected officials of the executive and legislative branches); ``(V) section 219 of title 18 (officers and employees acting as agents of foreign principals); ``(VI) section 286 of title 18 (conspiracy to defraud the Government with respect to claims); ``(VII) section 287 of title 18 (false, fictitious, or fraudulent claims); ``(VIII) section 371 of title 18 (conspiracy to commit offense or to defraud the United States; ``(IX) section 597 of title 18 (expenditures to influence voting); ``(X) section 599 of title 18 (promise of appointment by candidate); ``(XI) section 602 of title 18 (solicitation of political contributions); ``(XII) section 606 of title 18 (intimidation to secure political contributions); ``(XIII) section 607 of title 18 (place of solicitation); ``(XIV) section 641 of title 18 (public money, property or records); ``(XV) section 1001 of title 18 (statements or entries generally); ``(XVI) section 1341 of title 18 (frauds and swindles); ``(XVII) section 1343 of title 18 (fraud by wire, radio, or television); ``(XVIII) section 1503 of title 18 (influencing or injuring officer or juror); ``(XIX) section 1951 of title 18 (interference with commerce by threats or violence); ``(XX) section 1952 of title 18 (interstate and foreign travel or transportation in aid of racketeering enterprises); ``(XXI) section 1962 of title 18 (prohibited activities); or ``(XXII) section 7201 of the Internal Revenue Code of 1986 (attempt to evade or defeat tax). ``(ii) Perjury committed under the statutes of the United States in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by clause (i). ``(iii) Subornation of perjury committed in connection with the false denial of another individual as specified by clause (ii). ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the conviction, be eligible to participate in the retirement system under this subchapter while serving as a Member. ``(4) Except as provided in paragraph (5), the Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b). ``(5) The Executive Director (within the meaning of section 8401(13)) shall prescribe such regulations as may be necessary to carry out the purposes of this subsection with respect to the Thrift Savings Plan. Regulations under this paragraph shall include provisions requiring the return of all vested amounts. ``(6) Nothing in this subsection shall restrict any authority under subchapter II or any other provision of law to deny or withhold benefits authorized by statute. ``(7) For purposes of this subsection, the term `Member' has the meaning given such term by section 2106, notwithstanding section 8331(2).''. (b) Federal Employees' Retirement System.--Section 8411 of title 5, United States Code, is amended by adding at the end the following: ``(i)(1) Notwithstanding any other provision of this chapter, the service of an individual convicted of an offense described in paragraph (2) shall not, if or to the extent rendered as a Member (irrespective of when rendered), be taken into account for purposes of this chapter. Any such individual (or other person determined under section 8424(d), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2) An offense described in this paragraph is any offense described in section 8332(o)(2)(B) for which the following apply: ``(A) The offense is committed by the individual (referred to in paragraph (1)) while a Member. ``(B) The conduct on which the offense is based is directly related to the individual's service as a Member. ``(C) The offense is committed during the One Hundred Fifth Congress or later. ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the conviction, be eligible to participate in the retirement system under this chapter while serving as a Member. ``(4) Except as provided in paragraph (5), the Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b). ``(5) The Executive Director shall prescribe such regulations as may be necessary to carry out the purposes of this subsection with respect to the Thrift Savings Plan. Regulations under this paragraph shall include provisions requiring the return of all vested amounts. ``(6) Nothing in this subsection shall restrict any authority under subchapter II of chapter 83 or any other provision of law to deny or withhold benefits authorized by statute. ``(7) For purposes of this subsection, the term `Member' has the meaning given such term by section 2106, notwithstanding section 8401(20).''. Passed the House of Representatives September 26, 1996. Attest: ROBIN H. CARLE, Clerk.

Congressional Pension Forfeiture Act of 1996 - Amends Federal law to provide that any service as a Member of Congress of an individual convicted of specified offenses committed while a Member during the 105th Congress or later, if the conduct on which the offense is based is directly related to the individual's service as a Member, shall not be taken into account as creditable service for purposes of annuity or retirement provisions. Entitles such individual (or his or her beneficiary or estate, if applicable) to be paid so much of such individual's lump-sum credit as is attributable to such service. Includes among such offenses: (1) bribery of public officials and witnesses; (2) defrauding the United States; (3) making prohibited expenditures to influence voting; and (4) committing perjury in falsely denying the commission of such an offense. Prohibits: (1) the individual, while serving as a Member after the date of the conviction, from being eligible to participate in the Civil Service Retirement System or the Federal Employee's Retirement System; and (2) interest from being computed on such lump-sum payment for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.

Congressional Pension Forfeiture Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Budget Planning Reform Act of 2013''. SEC. 2. ESTABLISHMENT OF STRATEGIC PLANS TO IMPROVE PROGRAMS AND BENEFITS FOR VETERANS. (a) Future-Years Veterans Program.-- (1) In general.--Chapter 1 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 119. Future-Years Veterans Program ``(a) Submission to Congress.--The Secretary shall submit to Congress each year, at or about the time that the President's budget is submitted to Congress pursuant to section 1105(a) of title 31, a Future-Years Veterans Program reflecting the estimated expenditures and proposed appropriations included in that budget. Any such Future-Years Veterans Program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years. ``(b) Consistency.--(1) The Secretary shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of such paragraph for that fiscal year. ``(2) Amounts referred to in paragraph (1) are the following: ``(A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under section 1105(a) of title 31 for any fiscal year, as shown in the Future-Years Veterans Program submitted pursuant to subsection (a). ``(B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Veterans Affairs included pursuant to paragraph (5) of section 1105(a) of title 31 in the budget submitted to Congress under that section for any fiscal year. ``(c) Contents.--The Future-Years Veterans Program under subsection (a) shall set forth the five-year plan of the Department to address the commitment of the United States to veterans and the resources necessary to meet that commitment and shall be developed and updated, as appropriate, annually by the Secretary. Each Future-Years Veterans Program shall include an explanation of-- ``(1) the information that was used to develop program planning guidance for the Future-Years Veterans Program; and ``(2) how the resource allocations included in the Future- Years Veterans Program correlate to such five-year strategy.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 118 the following new item: ``119. Future-Years Veterans Program.''. (3) Effective date.--Section 119 of title 38, United States Code, as added by paragraph (1), shall apply with respect to the preparation and submission of the fiscal year 2018 budget request for the Department of Veterans Affairs. (b) Quadrennial Veterans Review.-- (1) In general.--Such chapter is further amended by adding after section 119, as added by subsection (a)(1), the following new section: ``Sec. 120. Quadrennial veterans review ``(a) Requirement.--(1) Not later than fiscal year 2017, and every fourth year thereafter, the Secretary shall conduct a review of the strategy for meeting the commitment of the United States to veterans and the resources necessary to meet that commitment (in this section referred to as a `quadrennial veterans review'). ``(2) Each quadrennial veterans review shall include a comprehensive examination of the policies and strategies of the United States with respect to veterans, including recommendations regarding the long-term strategy and priorities for programs, services, benefits, and outcomes regarding veterans and guidance on the programs, assets, capabilities, budget, policies, and authorities of the Department. ``(3) The Secretary shall conduct each quadrennial veterans review in consultation with key officials of the Department, the heads of other Federal agencies, and other relevant governmental and nongovernmental entities, including State, local, and tribal government officials, members of Congress, veterans service organizations, private sector representatives, academics, and other policy experts. ``(4) The Secretary shall ensure that each quadrennial veterans review is coordinated with the Future-Years Veterans Program required under section 119 of this title. ``(b) Contents of Review.--In each quadrennial veterans review, the Secretary shall-- ``(1) delineate a veterans strategy consistent with the commitment of the United States to veterans and refine a strategy for the types of, and provision of, programs, services, benefits, and outcomes consistent with current authorities and requirements; ``(2) outline and prioritize the full range of programs and capabilities regarding veterans provided by the Federal Government; ``(3) identify the budget plan required to provide sufficient resources to successfully execute the full range of such programs and capabilities; ``(4) include an assessment of the organizational alignment of the Department with respect to the strategy referred to in paragraph (1) and the programs and capabilities referred to in paragraph (2); ``(5) review and assess the effectiveness of the mechanisms of the Department for executing the process of turning the requirements identified in the quadrennial veterans review into a plan to meet such requirements, including an expenditure plan for the Department; and ``(6) identify emerging trends, problems, opportunities, and issues that could affect veterans or the Department during the ten-year period following the period covered by the review. ``(c) Submission to Congress.--(1) The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report regarding each quadrennial veterans review. The Secretary shall submit the report in the year following the year in which the review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under section 1105 of title 31, United States Code. ``(2) Each report submitted under paragraph (1) shall include-- ``(A) the results of the quadrennial veterans review; ``(B) a description of the challenges to, and opportunities for, the assumed or defined veterans-related interests of the Nation that were examined for the purposes of that review; ``(C) the strategy for meeting the Nation's commitment to veterans, including a prioritized list of the missions of the Department; ``(D) a description of the interagency cooperation, preparedness of Federal assets, infrastructure, budget plan, and other elements of the programs and policies of the Nation associated with the strategy referred to in subsection (b)(1) that are required to execute successfully the full range of programs and capabilities identified in such strategy and the programs and capabilities outlined under subsection (b)(2); ``(E) an assessment of the organizational alignment of the Department with the strategy referred to in subsection (b)(1) and the programs and capabilities outlined under subsection (b)(2), including the Department's organizational structure, management systems, budget and accounting systems, human resources systems, procurement systems, and physical and technical infrastructure; ``(F) a discussion of the status of cooperation among Federal agencies in the effort to promote national support for veterans; ``(G) a discussion of the status of cooperation between the Federal Government and State, local, and tribal governments in supporting veterans and providing programs, services, benefits, and outcomes to assist veterans; ``(H) an explanation of any underlying assumptions used in conducting the review; and ``(I) any other matter the Secretary considers appropriate.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 119, as added by subsection (a)(2), the following new item: ``120. Quadrennial Veterans Review.''. (c) Policy Guidance.-- (1) In general.--Such chapter is further amended by adding after section 120, as added by subsection (b)(1), the following new section: ``Sec. 121. Policy Guidance ``The Secretary shall provide annually to the appropriate officials of the Department written policy guidance for the preparation and review of the planning and program recommendations and budget proposals of the elements of the Department of such officials. Such guidance shall include guidance on the objectives of the Department in accordance with Future-Years Veterans Program under section 119 of this title and the quadrennial veterans review under section 120 and the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 120, as added by subsection (b)(2), the following new item: ``121. Quadrennial veterans review.''. SEC. 3. CHIEF STRATEGY OFFICER OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 323. Chief Strategy Officer ``(a) In General.--The Secretary shall designate the Assistant Secretary whose functions include planning, studies, and evaluations as the Chief Strategy Officer of the Department. The Chief Strategy Officer shall advise the Secretary on long-range strategy and implications. ``(b) Responsibilities.--The Chief Strategy Officer is the principal advisor to the Secretary and other senior officials of the Department, and shall provide independent analysis and advice to the Secretary and such officials. The Chief Strategy Officer shall carry out the following responsibilities: ``(1) Conducting cost estimation and cost analysis for the programs of the Department. ``(2) Establishing policies for, and overseeing the integration of, the planning, programming, budgeting and execution process for the Department. ``(3) Providing analysis and advice on matters relating to the planning and programming phase of the planning, programming, budgeting and execution process, and the preparation of materials and guidance for such process, as directed by the Secretary, working in coordination with the Assistant Secretary for Management. ``(4) Developing and executing the Future-Years Veterans Program of the Department, as specified under section 119 of this title. ``(5) Developing resource discussions relating to requirements under consideration in the quadrennial veterans review under section 120 of this title. ``(6) Formulating study guidance for analysis of alternatives for programs and initiatives, including any necessary acquisitions, development, or procurement commensurate with such alternatives, and performance of such analysis as directed by the Secretary. ``(7) Reviewing, analyzing, and evaluating programs for executing approved strategies and policies, ensuring that information on programs and expected outcomes is presented accurately and completely. ``(8) Ensuring that the costs of programs and alternatives are presented accurately and completely by assisting in establishing standards, policies, and procedures for the conduct of cost estimation and cost analysis throughout the Department, including guidance relating to the proper selection of confidence levels in cost estimates generally and for specific programs of the Department. ``(9) Conducting studies at the request of the Secretary regarding costs, policy assumptions, and strategic implications of current policies and possible alternatives. ``(10) Communicating directly to the Secretary and the Deputy Secretary of Veterans Affairs about matters for which the Chief Strategy Officer is responsible without obtaining the approval or concurrence of any other official within the Department.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 322 the following new item: ``323. Chief Strategy Officer.''. SEC. 4. STUDY ON THE FUNCTIONS AND ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE SECRETARY OF VETERANS AFFAIRS AND OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Secretary of Veterans Affairs Study.--The Secretary of Veterans Affairs shall conduct a study of the functions and organizational structure of the Office of the Secretary and of the Department of Veterans Affairs. (b) Contents of Study.--In conducting the study under subsection (a), the Secretary shall consider whether the allocation of functions and the organizational structure of the Department, as of the date of the enactment of this Act, constitute the most effective, efficient, and economical allocation and structure to assist the Secretary in carrying out the duties and responsibilities of the Secretary. The Secretary shall also consider-- (1) whether the organization of the Office and the Department is-- (A) optimally structured to assist the Secretary in the effective exercise of control over the Department, including-- (i) policy development and strategic planning; (ii) programming, planning, and budget development and policy, program, and budget execution; and (iii) contingency planning; and (B) the most effective and efficient organization for the initiation, development, and articulation of veterans' policy and the provision of benefits and services; (2) means of improving and strengthening the oversight and accountability within the Office and Department; (3) factors inhibiting efficient and effective execution of the functions of the Office and the Department, including factors relating to-- (A) any duplication of functions (both within and between the Office and Department); (B) the availability to the Secretary of sufficient and detailed information regarding the operation of the Department to enable effective planning, policy execution, and oversight; and (C) the sufficiency of resources, including personnel, to carry out current and projected requirements in a more effective and efficient manner; and (4) possible alternative allocations and realignments of authorities and functions within the Office and Department to improve the Department's overall operation and better provide benefits and services. (c) Independent Contractor Study.--The Secretary shall enter into a contract with an appropriate entity under which the entity shall carry out an independent study of the same matters required to be considered by the Secretary under subsection (b). The Secretary shall ensure that the entity has full access to such information as the contractor requires in order to conduct the study and that the contractor otherwise receives full cooperation from all officials and entities of the Department of Veterans Affairs. (d) Report to Congress.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the Secretary's study under subsection (a). The report shall include-- (1) the findings and conclusions of the Secretary with respect to each of the matters set forth in subsection (b); (2) any recommendations of the Secretary for organizational changes in the Office of the Secretary and the overall Department and a description of the means for implementing each recommendation; and (3) a copy of the report of the independent contractor under subsection (c), together with such comments on such report as the Secretary considers appropriate.

Department of Veterans Affairs Budget Planning Reform Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to submit annually to Congress a future-years veterans program (program) reflecting estimated expenditures and proposed appropriations included in the budget for that fiscal year. Requires each program to set forth a five-year VA plan to address the U.S. commitment to veterans and the resources necessary to meet that commitment. Requires the Secretary, in 2017 and quadrennially thereafter, to conduct a review of the strategy for meeting such commitment and resources requirement (quadrennial veterans review). Requires each review to be coordinated with the above program. Directs the Secretary to report to the congressional veterans committees on each review. Directs the Secretary to provide annually to the appropriate VA officials written policy guidance for the preparation and review of the planning and program recommendations and budget proposals of the VA elements of such officials. Requires the Secretary to designate a Chief Strategy Officer to advise the Secretary on long-range VA strategy and implications. Directs the Secretary to study (through an independent contractor) and report to the veterans committees on the functions and organizational structure of the Office of the Secretary and the VA, including the most efficient and economical allocation and structure for assisting the Secretary in carrying out duties and responsibilities.

Department of Veterans Affairs Budget Planning Reform Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Perkins Modernization Act of 2015''. SEC. 2. PURPOSES. Section 2 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301) is amended-- (1) in paragraph (1), by striking ``, or high demand occupations in current or emerging professions'' and inserting ``employment in current or emerging in-demand industry sectors or occupations''; (2) in paragraph (6), by striking ``and'' at the end; (3) in paragraph (7), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(8) aligning the skills, certifications, and credentials of secondary and postsecondary students who enroll in career and technical education programs with the skills, certifications, and credentials needed by employers in the labor markets served by the educational institutions; and ``(9) ensuring that the selection of skills, certifications, and credentials acquired by career and technical education students is guided by timely labor market information.''. SEC. 3. DEFINITIONS. Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) is amended by adding at the end the following: ``(35) In-demand industry sector or occupation.--The term `in-demand industry sector or occupation' has the meaning given that term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).''. SEC. 4. ACCOUNTABILITY. Section 113(b)(2)(B)(iv) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323(b)(2)(B)(iv)) is amended by striking ``, or high demand occupations or professions'' and inserting ``employment in in-demand industry sectors or occupations''. SEC. 5. NATIONAL ACTIVITIES. Section 114(d) of the of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2324(d)) is amended-- (1) in paragraph (2)(B)(iii)(II), by inserting ``in in- demand industry sectors or occupations'' after ``critical)''; and (2) in paragraph (4)(A)(i)(V), by striking ``occupations in high skill, high wage, or high demand business and industry'' and inserting ``high skill, high wage employment in in-demand industry sectors or occupations''. SEC. 6. OCCUPATIONAL AND EMPLOYMENT INFORMATION. Section 118(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2328) is amended-- (1) in paragraphs (1) and (3), by striking ``, or high demand occupations'' each place it appears and inserting ``employment in in-demand industry sectors or occupations''; and (2) in paragraph (4), by striking ``, or high demand occupations in current or emerging professions'' and inserting ``employment in in-demand industry sectors or occupations,''. SEC. 7. STATE PLAN. Section 122(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)(ii), by inserting ``and careers in in-demand industry sectors or occupations'' after ``in postsecondary education''; (B) in subparagraph (H), by striking ``entry into high skill, high wage, or high demand occupations in current or emerging occupations'' and inserting ``for employment in in-demand industry sectors or occupations''; and (C) in subparagraph (I)(iii), by striking ``employment in high skill, high wage, or high demand occupations'' and inserting ``high skill, high wage employment in in-demand industry sectors or occupations''; (2) in paragraph (4), by inserting ``or into high skill, high wage employment in in-demand industry sectors or occupations'' after ``higher education''; (3) in paragraph (9)(C), by striking ``, or high demand occupations'' and inserting ``employment in in-demand industry sectors or occupations''; and (4) in paragraph (18), by striking ``, or high demand occupations'' and inserting ``employment in in-demand industry sectors or occupations''. SEC. 8. STATE LEADERSHIP ACTIVITIES. Section 124 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``, or high demand occupations'' and inserting ``employment in in- demand industry sectors or occupations''; (B) in paragraph (2)(C), by inserting ``, equipment,'' after ``internships''; (C) in paragraph (5), by striking ``occupations'' and inserting ``employment in in-demand industry sectors or occupations''; (D) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; (E) in paragraph (9) (as so redesignated), by striking ``, or high demand'' and inserting ``employment in in-demand industry sectors or''; and (F) by inserting after paragraph (6) the following: ``(7) analyzing labor market information collected by State agencies, Federal agencies, workforce investment boards, or other third-party organizations engaged in labor market research in order to ensure that programs of study in career and technical education align with labor market needs;''; and (2) in subsection (c)-- (A) in paragraph (1)-- (i) in subparagraph (A), by inserting ``, and encouraging secondary students to pursue dual enrollment coursework as well as industry licenses, certificates, and other postsecondary credentials'' after ``degree''; and (ii) in subparagraph (B), by striking ``occupations'' and inserting ``employment in in-demand industry sectors or occupations''; and (B) in paragraph (9), by striking ``, or high demand occupations'' and inserting ``employment in in- demand industry sectors or occupations''. SEC. 9. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION. Section 134(b)(8)(C) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2354(b)(8)(C)) is amended by striking ``, or high demand'' and inserting ``employment in in-demand industry sectors or''. SEC. 10. LOCAL USES OF FUNDS. Section 135 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355) is amended-- (1) in subsection (b)(9), by striking ``, or high demand'' and inserting ``employment in in-demand industry sectors or''; and (2) in subsection (c)(12) by striking ``, or high demand'' and inserting ``employment in in-demand industry sectors or''.

Perkins Modernization Act of 2015 This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to revise its purposes, which are to develop more fully the academic and career and technical skills of secondary education students and postsecondary students who elect to enroll in career and technical education programs (as under current law), by: preparing those students for employment in current or emerging in-demand industry sectors or occupations; aligning the skills, certifications, and credentials of the students with those needed by employers in the labor markets served by educational institutions; and ensuring that the selection of skills, certifications, and credentials acquired by such students is guided by timely labor market information. An "in-demand industry sector or occupation" is: an industry sector that has a substantial current or potential impact on the state, regional, or local economy, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors; or an occupation that currently has or is projected to have a number of positions in an industry sector so as to have a significant impact on the state, regional, or local economy.

Perkins Modernization Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Partners for Fish and Wildlife Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) approximately 60 percent of fish and wildlife in the United States are on private land; (2) it is imperative to facilitate private landowner- centered and results-oriented efforts that promote efficient and innovative ways to protect and enhance natural resources; (3) there is no readily available source of technical biological information that the public can access to assist with the application of state-of-the-art techniques to restore, enhance, and manage fish and wildlife habitats; (4) a voluntary cost-effective program that leverages public and private funds to assist private landowners in the conduct of state-of-the-art fish and wildlife habitat restoration, enhancement, and management projects is needed; (5) durable partnerships working collaboratively with willing private landowners to implement on-the-ground projects has lead to the reduction of endangered species listings; (6) Executive Order No. 13352 (69 Fed. Reg. 52989) directs the Departments of the Interior, Agriculture, Commerce, and Defense and the Environmental Protection Agency to pursue new cooperative conservation programs involving the collaboration of Federal, State, local, and tribal governments, private for- profit and non-profit institutions, non-governmental entities, and individuals; (7) since 1987, the Partners for Fish and Wildlife Program has exemplified cooperative conservation as an innovative, voluntary partnership program that helps private landowners restore wetland and other important fish and wildlife habitat; and (8) through 33,103 agreements with private landowners, the Partners for Fish and Wildlife Program has accomplished the restoration of 677,000 acres of wetland, 1,253,700 acres of prairie and native grasslands, and 5,560 miles of riparian and in-stream habitat since 1987, demonstrating much of that success since only 2001. (b) Purpose.--The purpose of this Act is to provide for the restoration, enhancement, and management of fish and wildlife habitats on private land through the Partners for Fish and Wildlife Program, a program that works with private landowners to conduct cost-effective habitat projects for the benefit of fish and wildlife resources in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Federal trust species.--The term ``Federal trust species'' means migratory birds, threatened species, endangered species, interjurisdictional fish, marine mammals, and other species of concern. (2) Habitat enhancement.-- (A) In general.--The term ``habitat enhancement'' means the manipulation of the physical, chemical, or biological characteristics of a native habitat to change a specific function or seral stage of the native habitat. (B) Inclusions.--The term ``habitat enhancement'' includes-- (i) an activity conducted to increase or decrease a specific function for the purpose of benefitting species, including-- (I) increasing the hydroperiod and water depth of a stream or wetland beyond what would naturally occur; (II) improving waterfowl habitat conditions; (III) establishing water level management capabilities for native plant communities; (IV) creating mud flat conditions important for shorebirds; and (V) cross fencing or establishing a rotational grazing system on native range to improve grassland nesting bird habitat conditions; and (ii) an activity conducted to shift a native plant community successional stage, including-- (I) burning an established native grass community to reduce or eliminate invading brush or exotic species; (II) brush shearing to set back early successional plant communities; and (III) forest management that promotes a particular seral stage. (C) Exclusions.--The term ``habitat enhancement'' does not include regularly scheduled and routine maintenance and management activities, such as annual mowing or spraying of unwanted vegetation. (3) Habitat establishment.--The term ``habitat establishment'' means the manipulation of physical, chemical, or biological characteristics of a project site to create and maintain habitat that did not previously exist on the project site, including construction of-- (A) shallow water impoundments on non-hydric soils; and (B) side channel spawning and rearing habitat. (4) Habitat improvement.--The term ``habitat improvement'' means restoring or artificially providing physiographic, hydrological, or disturbance conditions necessary to establish or maintain native plant and animal communities, including periodic manipulations to maintain intended habitat conditions on completed project sites. (5) Habitat restoration.-- (A) In general.--The term ``habitat restoration'' means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning the majority of natural functions to the lost or degraded native habitat. (B) Inclusions.--The term ``habitat restoration'' includes-- (i) an activity conducted to return a project site, to the maximum extent practicable, to the ecological condition that existed prior to the loss or degradation, including-- (I) removing tile drains or plugging drainage ditches in former or degraded wetland; (II) returning meanders and sustainable profiles to straightened streams; (III) burning grass communities heavily invaded by exotic species to reestablish native grass and plant communities; and (IV) planting plant communities that are native to the project site; (ii) if restoration of a project site to its original ecological condition is not practicable, an activity that repairs 1 or more of the original habitat functions and that involve the use of native vegetation, including-- (I) the installation of a water control structure in a swale on land isolated from overbank flooding by a major levee to simulate natural hydrological processes; and (II) the placement of streambank or instream habitat diversity structures in streams that cannot be restored to original conditions or profile; and (iii) removal of a disturbing or degrading element to enable the native habitat to reestablish or become fully functional. (6) Private land.-- (A) In general.--The term ``private land'' means any land that is not owned by the Federal Government, a State, or a political subdivision of a State. (B) Inclusions.--The term ``private land'' includes tribal land and Hawaiian homeland. (7) Project.--The term ``project'' means a project carried out under the Partners for Fish and Wildlife Program established by section 4. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. PARTNERS FOR FISH AND WILDLIFE PROGRAM. The Secretary shall carry out the Partners for Fish and Wildlife Program within the United States Fish and Wildlife Service to provide technical and financial assistance to private landowners for the conduct of voluntary projects to benefit Federal trust species by promoting habitat improvement, habitat restoration, habitat enhancement, and habitat establishment. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act not more than $75,000,000 for each of fiscal years 2006 through 2011.

Partners for Fish and Wildlife Act - Requires the Secretary of the Interior to carry out the Partners for Fish and Wildlife Program within the U.S. Fish and Wildlife Service to provide assistance to private landowners for voluntary projects to benefit Federal trust species by promoting habitat improvement, restoration, enhancement, and establishment. Defines "Federal trust species" to include migratory birds, threatened and endangered species, interjurisdictional fish, marine mammals, and other species of concern.

To authorize the Secretary of the Interior to provide technical and financial assistance to private landowners to restore, enhance, and manage private land to improve fish and wildlife habitats through the Partners for Fish and Wildlife Program.

SECTION 1. TRANSFERS OF FUNDS. Section 402(h) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)) is amended to read as follows: ``(h) Transfers of Interest Earned by Fund.-- ``(1) In general.--The Secretary shall, as of the beginning of each fiscal year beginning on or after October 1, 2004, and before making any allocation with respect to the fiscal year under subsection (g), use an amount not to exceed the amount of interest that the Secretary estimates will be earned and paid to the fund during the fiscal year to make the transfers described in paragraph (2). ``(2) Transfers described.--The transfers referred to in paragraph (1) are the following: ``(A) United mine workers of america combined benefit fund.--A transfer to the United Mine Workers of America Combined Benefit Fund, in an amount equal to the difference between-- ``(i) the amount that the trustees of the Combined Benefit Fund estimate will be expended from the premium accounts maintained by the Combined Benefit Fund for the fiscal year of the fund in which the transfer is made; minus ``(ii) the amount the trustees of the Combined Benefit Fund estimate the Combined Benefit Fund will receive during such fiscal year in required health benefit premiums. ``(B) United mine workers of america 1992 benefit plan.--A transfer to the United Mine Workers of America 1992 Benefit Plan, in an amount equal to the difference between-- ``(i) the amount that the trustees of the 1992 Benefit Plan estimate will be expended from the 1992 Benefit Plan during the next calendar year to provide the benefits required by the 1992 Benefit Plan on the date of enactment of this subparagraph; minus ``(ii) the amount that the trustees of the 1992 Benefit Plan estimate the 1992 Benefit Plan will receive during such calendar year in required monthly per beneficiary premiums, including the amount of any security provided to the 1992 Benefit Plan that is available for use in the provision of benefits. ``(C) Multiemployer health benefit plan.--A transfer to the multiemployer health benefit plan established after July 20, 1992, by the parties that are the settlors of the 1992 Benefit Plan referred to in subparagraph (B), in an amount equal to the difference between-- ``(i) the amount that the trustees of the multiemployer health benefit plan estimate will be expended from such plan during the next calendar year, to provide benefits no greater than those provided by such plan on the date of enactment of this subparagraph; minus ``(ii) the amount of income that such trustees estimate such plan will receive during such calendar year. ``(3) Adjustment.--If, for any fiscal year, the amount of a transfer under subparagraph (A), (B), or (C) of paragraph (2) is more or less than the amount required to be transferred under that subparagraph, the Secretary shall appropriately adjust the amount transferred under that subparagraph for the next fiscal year. ``(4) Additional amounts.-- ``(A) Previously credited interest.-- Notwithstanding any other provision of law, any interest credited to the fund that has not previously been transferred to the Combined Benefit Fund referred to in paragraph (2)(A) under this section shall be used-- ``(i) to transfer to the Combined Benefit Fund such amounts as are estimated by the trustees of the Combined Benefit Fund to offset the amount of any deficit in net assets in the Combined Benefit Fund; and ``(ii) to the extent any such interest remains after the transfer under clause (i), to make the transfers described in subparagraphs (A), (B), and (C) of paragraph (2). ``(B) Previously allocated amounts.--All amounts allocated under subsection (g)(2), including interest, before the date of enactment of this subparagraph for the program set forth under section 406, but not appropriated prior to such date, shall be available to the Secretary to make the transfers described in paragraph (2). ``(5) Limitations.-- ``(A) Availability of funds for next fiscal year.-- The Secretary may make transfers under subparagraphs (B) and (C) of paragraph (2) for a fiscal year only if the Secretary determines, using actuarial projections provided by the trustees of the Combined Benefit Fund referred to in paragraph (2)(A), that amounts will be available under paragraph (1), after such transfer, for the next fiscal year for making the transfer under paragraph (2)(A). ``(B) Rate of contributions of obligors.--A transfer under paragraph (2)(C) shall not be made for a fiscal year unless the persons that are obligated to contribute to the plan referred to in paragraph (2)(C) on the date of the transfer are obligated to make such contributions at rates that are no less than those in effect on the date of enactment of this subparagraph.''.

Amends the Surface Mining Control and Reclamation Act of 1977 to revise the statutory formula under which the Secretary of the Interior is required to transfer funds from the Abandoned Mine Reclamation Fund to: (1) United Mine Workers of America Combined Benefit Fund; (2) United Mine Workers of America 1992 Benefit Plan; and (3) the multiemployer health benefit plan established after July 1991, by the parties that are settlors of the 1992 Benefit Plan. Prescribes guidelines for transfer by the Secretary of additional amounts of previously credited interest and previously allocated amounts.

To amend the Surface Mining Control and Reclamation Act of 1977 to modify requirements relating to transfers from the Abandoned Mine Reclamation Fund, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Protection Act''. SEC. 2. INCREASED OVERSIGHT OVER FEDERAL EMERGENCY ECONOMIC ASSISTANCE. (a) In General.--Notwithstanding any other provision of law, a Federal financial entity that provides emergency economic assistance to any private entity or group of private entities shall be subject to the oversight, reporting, accountability, and transparency provisions of sections 104, 105, 108, 116, 121, and 125 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5214, 5215, 5218, 5226, 5231, 5233), in the same manner as those sections apply with respect to assistance provided under that Act. (b) Monthly Reports to Congress.--Each Federal financial entity that provides emergency economic assistance to any private entity or group of entities shall make monthly reports to Congress that provide, among other relevant information, the names and other details about the private entities receiving such financial assistance, together with a full description of the collateral or other interests granted to the Federal financial entity to ensure that taxpayers are repaid, to the maximum extent possible. (c) Definition.--As used in this Act, the term ``Federal financial entity'' means-- (1) the Secretary of the Treasury; (2) each member of the Financial Institutions Examination Council established under section 1004 of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3303); and (3) the Federal Housing Finance Agency. SEC. 3. ESTABLISH CONDITIONS FOR EMERGENCY ECONOMIC ASSISTANCE. (a) In General.--Notwithstanding any other provision of law, before receiving funds under any program by a Federal financial entity to provide emergency economic assistance to private entities or groups of entities (including assistance under the Emergency Economic Stabilization Act of 2008), the intended recipient of such assistance shall agree, in writing-- (1) to provide a detailed monthly report to Congress about how emergency economic assistance provided to such entity or group of entities is being used to meet the intended objectives and goals of such assistance; (2) to permit the Federal financial entity providing such assistance access to personnel and any books, papers, records, or other data that may be relevant to the assistance, including compliance with the financial terms and conditions, and the right to audit such activities; (3) to limit executive compensation and annual executive compensation tax deductions, to prohibit golden parachutes for officers and directors, and prohibit the payment of dividends or other distributions, as provided, to the maximum extent possible, in section 111 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5221) and regulations and notices issued thereunder; (4) to prohibit bonuses or incentive compensation awards to the 25 most highly compensated employees of the recipient; (5) to prohibit any compensation plan that could encourage manipulation of reported earnings to enhance the compensation of any employee; (6) to prohibit the use of emergency economic assistance for entertainment and lobbying expenditures; (7) to sell or divest itself of any privately owned passenger aircraft or interest in such aircraft, and to prohibit the leasing of any such aircraft by or on behalf of any officer, director, or employee of the recipient; and (8) to such other appropriate standards for executive compensation and corporate governance as the Federal financial entity overseeing the provision of such assistance determines appropriate. (b) Applicability.--Subsection (a) shall apply whether or not the recipient of emergency economic assistance from a Federal financial entity sells assets to the Federal financial entity. (c) Duration.--The provisions of subsection (a) shall apply, and the written agreement of the recipient of assistance described in subsection (a) shall remain in effect, until such time as all obligations to the Federal financial entity are repaid in full, and such entity ceases to own any equity securities, including warrants or collateral, acquired from the recipient of such assistance. (d) Violations.--A violation of any provision of an agreement described in subsection (a) by the recipient of emergency economic assistance from a Federal financial entity shall be considered a default on the obligation of the recipient to the Federal financial entity, and such obligation shall be immediately due and payable to the Federal financial entity. The Federal financial entity shall be entitled to any and all remedies pursuant to such agreement and otherwise available under applicable provisions of law. SEC. 4. CREATION OF A TAXPAYER PROTECTION PROSECUTION TASK FORCE. (a) In General.--The Attorney General of the United States shall immediately establish a Taxpayer Protection Prosecution Task Force (referred to in this section as the ``Task Force'') . (b) Duties.--The Task Force shall-- (1) investigate and prosecute financial fraud cases or any other violation of law that contributed to the collapse of our financial markets; and (2) seek to claw back any ill-gotten gains, particularly by those who received billions of dollars in compensation creating the real estate and financial bubble. (c) Membership.--The membership of the Task Force shall include-- (1) Department of Justice attorneys acting as a team of Federal prosecutors; (2) special agents from the Federal Bureau of Investigation, the Internal Revenue Service, and United States Postal Service; and (3) additional assistance from the Board of Governors of the Federal Reserve System, the Securities and Exchange Commission, and other Federal banking regulators or investigators. (d) Staffing.--The Task Force shall be staffed by Department of Justice career attorneys, enforcement attorneys, and other private and public sector legal professionals and experts in the violations of law under investigation. (e) Director.--The Director of the Task Force shall be appointed by the President, subject to the advice and consent of the Senate. (f) Outside Employment.--The Director of the Task Force and all professional members of the staff shall for a period of 2 years after their employment with the Task Force be prohibited from directly or indirectly representing any client in or in connection with any investigation relating to any of the work of the Task Force. (g) Report.--The Task Force shall file-- (1) a public report directly with Congress every 6 months on its activities; and (2) if necessary, a classified annex to protect the confidentiality of ongoing investigations or attorney-client privilege or other non-public information. (h) Statute of Limitations Recommendation.--The Task Force shall make recommendations to Congress not later than 60 days after the date of the establishment of the Task Force about extending the statute of limitation for complex financial fraud and other similar cases. SEC. 5. ESTABLISHMENT OF FINANCIAL MARKET INVESTIGATION AND REFORM COMMISSION TO LEARN HOW THE ECONOMIC CRISIS HAPPENED. (a) Establishment of Commission.--There is established the Financial Market Investigation and Reform Commission (in this Act referred to as the ``Commission''), the purposes of which are-- (1) to examine and report on the facts and causes of the collapse of the Nation's financial system and credit crisis; (2) to ascertain, evaluate, and report on the extent to which Federal entities had information on financial practices that they knew or should have known were risky or reckless, and posed a threat to the well being of the Nation's financial system; (3) to build on any investigations by the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, by other congressional committees and the Federal banking agencies (as that term is defined in section 3 of the Federal Deposit Insurance Act), and the Securities and Exchange Commission) to avoid duplication of effort; (4) to make a full and complete report of the reasons for the worst financial system collapse since the Great Depression; and (5) to report to the President and the Congress on its findings, conclusions, and legislative and regulatory recommendations to prevent a similar financial crisis in the future. (b) Membership.--The Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President, who shall serve as chairperson of the Commission; (2) 1 member shall be appointed by the minority leader of the Senate, in consultation with the minority leader of the House of Representatives, who shall serve as vice-chairperson of the Commission; (3) 2 members shall be appointed by the majority leader of the Senate; (4) 2 members shall be appointed by the minority leader of the Senate; (5) 2 members shall be appointed by the Speaker of the House of Representatives; and (6) 2 members shall be appointed by the minority leader of the House of Representatives. (c) Qualifications; Initial Meeting.-- (1) Conflicts of interest.--No member of the Commission may be an employee, or an immediate family member of an employee, of a private entity or group of private entities that has received or applied for emergency economic assistance from any Federal financial entity (as defined in section 2). (2) Criteria.--Members of the Commission shall be chosen from among United States citizens with national recognition and expertise in-- (A) the operations of United States and global financial markets; (B) the safety and soundness of United States financial institutions; (C) the use of complex derivatives and other structured financial instruments; or (D) the investigation and prosecution of fraud and other intricate financial crimes. (3) Limitation on public service.--Not more than 2 members of the Commission may be appointed from among Federal, State, or local government employees. (4) Timing.--Members of the Commission shall be appointed not later than 30 days after the date of enactment of this Act. (5) Meetings.--The Commission shall meet not later than 45 days after the date of enactment of this Act. After the initial meeting, the Commission shall meet upon the call of the chairperson or a majority of the members of the Commission. (6) Quorum; vacancies.--Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (7) Procedures.--To carry out this Act, the Commission may establish, by majority vote, any other rules for the conduct of the business of the Commission, if such rules are not inconsistent with this Act or other applicable law. (d) Powers and Duties.--The Commission may-- (1) hold hearings, take testimony, and collect evidence, by subpoena or otherwise; (2) issue subpoenas, under the signature of the chairperson or any member designated by a majority of the members of the Commission, by agreement of the chairperson and vice- chairperson, or by the affirmative vote of 6 members of the Commission, and may enforce the subpoena in the United States district court for the judicial district in which the subpoenaed person resides; (3) contract with appropriate entities to enable the Commission to discharge its duties; (4) obtain information from Federal departments and agencies; (5) obtain assistance from Federal agencies, including the General Services Administration, for support services and other agencies for services, funds, facilities, and staff, as needed; (6) accept, use, and dispose of gifts or donations of services and property; and (7) use the United States mails, in the same manner as Federal departments and agencies. (e) Conflicts of Interest.--The Commission shall issue rules to manage or prohibit conflicts of interest involving its members, staff, consultants, and any others providing assistance to the Commission. (f) Reports.--The Commission shall submit to Congress 2 interim reports to discuss the Commission's progress. The Commission's final report shall be submitted to Congress 12 months after the date of enactment of this Act. (g) Administrative Support.--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, including human resource management, budget, leasing, accounting, and payroll services. (h) Pay.-- (1) Nongovernment employees.--Each member of the Commission who is not otherwise employed by a Federal, State, or local government entity shall be entitled to receive the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5 United States Code, as in effect from time to time, for each day (including travel time) during which such member is engaged in the actual performance of duties of the Commission. (2) Government employees.--A member of the Commission who is an officer or employee of a Federal, State or local government entity shall serve without additional pay (or benefits in the nature of compensation) for service as a member of the Commission. (i) Travel Expenses.--Members of the Commission 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 55. (j) Staff.-- (1) Appointment and compensation.--The chairperson of the Commission, in consultation with the vice-chairperson, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter II of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as federal employees.-- (A) In general.--Any personnel of the Commission shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (C) Consultant services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (k) Termination.--The Commission shall terminate 60 days after the date of submission of its final report under subsection (f). (l) Funding.--There are authorized to be appropriated to the Commission such sums as are necessary to carry out this Act, to remain available, without fiscal year limitation, until the termination of the Commission.

Taxpayer Protection Act - Makes a federal financial entity (the Secretary of the Treasury, members of the Financial Institutions Examination Council, and the Federal Housing Finance Agency) that provides emergency economic assistance to any private entity subject to oversight, reporting, accountability, and transparency provisions of the Emergency Economic Stabilization Act of 2008. Requires monthly reports to Congress on the recipients of such assistance and the collateral provided. Requires the intended recipient of such assistance, before receiving funds, to agree in writing to specified conditions regarding: (1) monthly reports to Congress; (2) access by the financial entity to relevant personnel and data; (3) limits on executive compensation; (4) prohibitions on bonuses to the recipient's 25 most highly compensated employees; (5) prohibitions on the use of assistance for entertainment and lobbying expenditures; and (6) the sale or divestiture of passenger aircraft. Considers any violation of such agreement as a default on the recipient's obligation. Directs the Attorney General to establish a Taxpayer Protection Prosecution Task Force to: (1) investigate and prosecute financial fraud that contributed to the collapse of our financial markets; (2) seek to recover any ill-gotten gains; and (3) make recommendations about extending the statute of limitation for complex financial fraud. Establishes the Financial Market Investigation and Reform Commission to: (1) report on the causes of the collapse of the nation's financial system and credit crisis; (2) report on the extent to which federal entities had information on risky or reckless financial practices that posed a threat to the financial system's well-being; (3) build on any investigations by congressional committees and federal banking agencies to avoid duplication of effort; and (4) report to the President and Congress with recommendations to prevent a similar crisis in the future.

A bill to extend oversight, accountability, and transparency provisions of the Emergency Economic Assistance Act of 2008 to all Federal emergency economic assistance to private entities, to impose tough conditions for all recipients of such emergency economic assistance, to set up a Federal task force to investigate and prosecute criminal activities that contributed to our economic crisis, and to establish a bipartisan financial market investigation and reform commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Poverty Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than one billion people worldwide live on less than $1 per day, and another 1.6 billion people struggle to survive on less than $2 per day, according to the World Bank. (2) At the United Nations Millennium Summit in 2000, the United States joined more than 180 other countries in committing to work toward the United Nations Millennium Development Goals to improve life for the world's poorest people by 2015. (3) The United Nations Millennium Development Goals include the goal of reducing by one-half the proportion of people worldwide, between 1990 and 2015, that live on less than $1 per day, cutting in half the proportion of people suffering from hunger and unable to access safe drinking water and sanitation, reducing child mortality by two-thirds, ensuring basic education for all children, and reversing the spread of HIV/ AIDS and malaria, while sustaining the environment upon which human life depends. (4) On March 22, 2002, President George W. Bush stated: ``We fight against poverty because hope is an answer to terror. We fight against poverty because opportunity is a fundamental right to human dignity. We fight against poverty because faith requires it and conscience demands it. We fight against poverty with a growing conviction that major progress is within our reach.''. (5) The 2002 National Security Strategy of the United States notes: ``[A] world where some live in comfort and plenty, while half of the human race lives on less than $2 per day, is neither just nor stable. Including all of the world's poor in an expanding circle of development and opportunity is a moral imperative and one of the top priorities of United States international policy.''. (6) The 2006 National Security Strategy of the United States notes: ``America's national interests and moral values drive us in the same direction: to assist the world's poor citizens and least developed nations and help integrate them into the global economy.''. (7) The bipartisan Final Report of the National Commission on Terrorist Attacks Upon the United States recommends: ``A comprehensive United States strategy to counter terrorism should include economic policies that encourage development, more open societies, and opportunities for people to improve the lives of their families and enhance prospects for their children.''. (8) At the summit of the Group of Eight (G-8) nations in July 2005, leaders from all eight countries committed to increase aid to Africa from the current $25 billion annually to $50 billion by 2010, and to cancel 100 percent of the debt obligations owed to the World Bank, African Development Bank, and International Monetary Fund by 18 of the world's poorest nations. (9) At the United Nations World Summit in September 2005, the United States joined more than 180 other governments in reiterating their commitment to achieve the United Nations Millennium Development Goals by 2015. (10) The United States has recognized the need for increased financial and technical assistance to countries burdened by extreme poverty, as well as the need for strengthened economic and trade opportunities for those countries, through significant initiatives in recent years, including the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, the Millennium Challenge Act of 2003, the Heavily Indebted Poor Countries Initiative, and trade preference programs for developing countries, such as the African Growth and Opportunity Act. (11) In January 2006, United States Secretary of State Condoleezza Rice initiated a restructuring of the United States foreign assistance program, including the creation of a Director of Foreign Assistance, who maintains authority over Department of State and United States Agency for International Development (USAID) foreign assistance funding and programs. (12) In January 2007, the Department of State's Office of the Director of Foreign Assistance added poverty reduction as an explicit, central component of the overall goal of United States foreign assistance. The official goal of United States foreign assistance is: ``To help build and sustain democratic, well-governed states that respond to the needs of their people, reduce widespread poverty and conduct themselves responsibly in the international system.''. SEC. 3. DECLARATION OF POLICY. It is the policy of the United States to promote the reduction of global poverty, the elimination of extreme global poverty, and the achievement of the United Nations Millennium Development Goal of reducing by one-half the proportion of people worldwide, between 1990 and 2015, who live on less than $1 per day. SEC. 4. REQUIREMENT TO DEVELOP COMPREHENSIVE STRATEGY. (a) Strategy.--The President, acting through the Secretary of State, and in consultation with the heads of other appropriate departments and agencies of the Government of the United States, international organizations, international financial institutions, the governments of developing and developed countries, United States and international nongovernmental organizations, civil society organizations, and other appropriate entities, shall develop and implement a comprehensive strategy to further the United States foreign policy objective of promoting the reduction of global poverty, the elimination of extreme global poverty, and the achievement of the United Nations Millennium Development Goal of reducing by one-half the proportion of people worldwide, between 1990 and 2015, who live on less than $1 per day. (b) Contents.--The strategy required by subsection (a) shall include, but not be limited to, specific and measurable goals, efforts to be undertaken, benchmarks, and timetables to achieve the objectives described in subsection (a). (c) Components.--The strategy required by subsection (a) should include, but not be limited to, the following components: (1) Continued investment in existing United States initiatives related to international poverty reduction, such as the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, the Millennium Challenge Act of 2003, the Heavily Indebted Poor Countries Initiative, and trade preference programs for developing countries, such as the African Growth and Opportunity Act. (2) Improving the effectiveness of development assistance and making available additional overall United States assistance levels as appropriate. (3) Enhancing and expanding debt relief as appropriate. (4) Leveraging United States trade policy where possible to enhance economic development prospects for developing countries. (5) Coordinating efforts and working in cooperation with developed and developing countries, international organizations, and international financial institutions. (6) Mobilizing and leveraging the participation of businesses, United States and international nongovernmental organizations, civil society, and public-private partnerships. (7) Coordinating the goal of poverty reduction with other development goals, such as combating the spread of preventable diseases such as HIV/AIDS, tuberculosis, and malaria, increasing access to potable water and basic sanitation, reducing hunger and malnutrition, and improving access to and quality of education at all levels regardless of gender. (8) Integrating principles of sustainable development into policies and programs. (d) Reports.-- (1) Initial report.--Not later than one year after the date of the enactment of this Act, the President, acting through the Secretary of State, shall transmit to the appropriate congressional committees a report that describes the strategy required by subsection (a). (2) Subsequent reports.--Not less than once every two years after the submission of the initial report under paragraph (1) until and including 2015, the President shall transmit to the appropriate congressional committees a report on the status of the implementation of the strategy, progress made in achieving the global poverty reduction objectives described in subsection (a), and any changes to the strategy since the date of the submission of the last report. SEC. 5. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Extreme global poverty.--The term ``extreme global poverty'' refers to the conditions in which individuals live on less than $1 per day, adjusted for purchasing power parity in 1993 United States dollars, according to World Bank statistics. (3) Global poverty.--The term ``global poverty'' refers to the conditions in which individuals live on less than $2 per day, adjusted for purchasing power parity in 1993 United States dollars, according to World Bank statistics. Passed the House of Representatives September 25, 2007. Attest: LORRAINE C. MILLER, Clerk.

Global Poverty Act of 2007 - Directs the President, through the Secretary of State, to develop and implement a comprehensive strategy to further the U.S. foreign policy objective of promoting the reduction of global poverty, the elimination of extreme global poverty, and the achievement of the United Nations Millennium Development Goal of reducing by one-half the proportion of people worldwide who live on less than $1 per day. Sets forth reporting requirements.

To require the President to develop and implement a comprehensive strategy to further the United States foreign policy objective of promoting the reduction of global poverty, the elimination of extreme global poverty, and the achievement of the United Nations Millennium Development Goal of reducing by one-half the proportion of people worldwide, between 1990 and 2015, who live on less than $1 per day.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flu Protection Act of 2004''. TITLE I--FLU VACCINE AWARENESS CAMPAIGN SEC. 101. AWARENESS CAMPAIGN AND EDUCATION AND OUTREACH EFFORTS. Title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et seq.) is amended by adding at the end the following: ``Subtitle 3--Influenza Vaccine ``awareness campaign and education and outreach efforts ``Sec. 2141. (a) Campaign.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention (in this subtitle referred to as the `Director'), shall conduct a public awareness campaign and education and outreach efforts each year during the time period preceding the influenza season on each of the following: ``(1) The importance of receiving the influenza vaccine. ``(2) Which populations the Director recommends to receive the influenza vaccine to prevent health complications associated with influenza, including health care workers and household contacts. ``(3) Professional medical education of physicians, nurses, pharmacists, and other health care providers and such providers' associated organizations. ``(4) Information that emphasizes the safety, efficacy, and benefit of recommended vaccines for the public good. ``(b) Outreach to Medicare Recipients.-- ``(1) In general.--The Administrator of the Centers for Medicare & Medicaid Services shall, at the earliest possible time in the influenza vaccine planning and production process, reach out to providers of medicare services, including managed care providers, nursing homes, hospitals, and physician offices to urge early and full preordering of the influenza vaccine so that production levels can accommodate the needs for the influenza vaccine. ``(2) Rates of immunization among medicare recipients.--The Director shall work with the Administrator of the Centers for Medicare & Medicaid Services to publish the rates of influenza immunization among individuals receiving assistance under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). ``(c) State and Public Health Adult Immunization Activities.--The Director shall support the development of State adult immunization programs that place emphasis on improving influenza vaccine delivery to high-risk populations and the general population, including the exploration of improving access to the influenza vaccine. ``(d) Efficacy of Vaccine.--The Director shall work with appropriate agencies in conducting a study to assess the efficacy of the influenza vaccine. ``(e) Existing Modes of Communication.--In carrying out the public awareness campaign and education and outreach efforts under subsections (a) and (b), the Director may use existing websites or structures for communication. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2004 through 2008.''. TITLE II--ENCOURAGING VACCINE PRODUCTION CAPACITY SEC. 201. INCENTIVES FOR THE CONSTRUCTION OF VACCINE MANUFACTURING FACILITIES. (a) Vaccine Manufacturing Facilities Investment Tax Credit.-- (1) Allowance of credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) the vaccine manufacturing facilities investment credit.''. (2) Amount of credit.--Section 48 of such Code is amended by adding at the end the following new subsection: ``(c) Vaccine Manufacturing Facilities Investment Credit.-- ``(1) In general.--For purposes of section 46, the vaccine manufacturing facilities investment credit for any taxable year is an amount equal to 20 percent of the qualified investment for such taxable year. ``(2) Qualified investment.--For purposes of paragraph (1), the qualified investment for any taxable year is the basis of each vaccine manufacturing facilities property placed in service by the taxpayer during such taxable year. ``(3) Vaccine manufacturing facilities property.--For purposes of this subsection, the term `vaccine manufacturing facilities property' means real and tangible personal property-- ``(A)(i) the original use of which commences with the taxpayer, or ``(ii) which is acquired through purchase (as defined by section 179(d)(2)), ``(B) which is depreciable under section 167, ``(C) which is used for the manufacture, distribution, or research and development of vaccines, and ``(D) which is in compliance with any standards and regulations which are promulgated by the Food and Drug Administration, the Occupational Safety and Health Administration, or the Environmental Protection Agency and which are applicable to such property. ``(4) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(5) Termination.--This subsection shall not apply to any property placed in service after December 31, 2008.''. (b) Technical Amendments.-- (1) Subparagraph (C) of section 49(a)(1) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) the basis of any vaccine manufacturing facilities property.''. (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(4)'' before the period. (3)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.''. (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2003, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of enactment of the Revenue Reconciliation Act of 1990). TITLE III--ENSURING SUFFICIENT FLU VACCINE SUPPLY SEC. 301. VACCINE SUPPLY. Subtitle 3 of title XXI of the Public Health Service Act, as added by section 101, is amended by adding at the end the following: ``vaccine supply ``Sec. 2142. (a) Requests for More Doses.-- ``(1) In general.--Not later than March 15 of each year, the Director shall enter into a contract with manufacturer(s) to produce such additional doses of the influenza vaccine as determined necessary by the Director. ``(2) Content of contract.--The contract for additional doses shall provide that the manufacturer(s) will be compensated by the Director at an equitable rate negotiated by the Director and the manufacturer for any doses that-- ``(A) were not sold by the manufacturer through routine market mechanisms at the end of the influenza season for that year; and ``(B) were requested by the Director to be produced by such manufacturer(s). ``(3) When such vaccine purchases should take place.--The Director may purchase from the manufacturer(s) the doses for which it has contracted at any time after which it is determined by the Director, in consultation with the manufacturer(s), that the doses will likely not be absorbed by the private market. ``(b) Contingency Plan.--The Director shall encourage States to develop a contingency plan, in coordination with the Department of Health and Human Services, for maximizing influenza immunization for high-risk populations in the event of a delay or shortage of the influenza vaccine. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''. TITLE IV--PREPARING FOR A PANDEMIC OR EPIDEMIC SEC. 401. PREPARATION FOR INFLUENZA PANDEMIC OR EPIDEMIC. Subtitle 3 of title XXI of the Public Health Service Act, as added by section 101 and amended by section 301, is further amended by adding at the end the following: ``preparation for influenza pandemic or epidemic ``Sec. 2143. (a) Establishment of a Protocol.--The Secretary, acting through the Director, shall establish a protocol to attempt to prevent, prepare for, and respond to an influenza pandemic or epidemic. Such protocol shall be updated as determined appropriate by the Director. ``(b) Contents of Protocol.--The protocol established under subsection (a) shall-- ``(1) address methods to coordinate dissemination of the influenza vaccine to key populations in the event of an influenza pandemic or epidemic; ``(2) address expansion of influenza vaccine manufacturing capacity (including making advance arrangements for ensuring the availability of raw materials) to respond to the needs of the United States during an influenza pandemic or epidemic; ``(3) improve upon the current influenza vaccines and production and dissemination methods; ``(4) address alternative ways to manufacture or produce the influenza vaccine; ``(5) address how many doses of the influenza vaccine should be produced on an annual basis and which strains of influenza should be covered by such vaccine in a particular year; ``(6) address public awareness and education, and professional education on the need to receive an influenza vaccine; ``(7) address alternative methods to prevent the spread of, and complications associated with, influenza, including antiviral medications; ``(8) address a tracking method for publicly and privately sold doses of the influenza vaccine to enable the Director to determine, after consultation with manufacturers of the influenza vaccine, how much supply is in circulation in the case of an influenza pandemic or epidemic; and ``(9) address other issues determined by the Director to be appropriate. ``(c) Coordination; Preparation; Prevention.--In establishing the protocol under subsection (a), the Director shall-- ``(1) coordinate with health care providers, manufacturers, research institutions, health care organizations, and other expert stakeholders; ``(2)(A) conduct international and national surveillance; ``(B) build State surveillance capacity; ``(C) collect influenza vaccine safety and efficacy data; and ``(D) engage in epidemiological studies and research on novel influenza viruses; ``(3) assist States with preparedness activities for a rapid State and local response to an influenza pandemic, including exploring methods of making the influenza vaccine more accessible to the general population; and ``(4) develop systems to routinely measure the impact of influenza on pediatric and high-risk populations. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2004 through 2008.''. TITLE V--NOTICE OF INTENT TO WITHDRAW FROM THE MARKET SEC. 501. MANUFACTURER WITHDRAWAL FROM THE MARKET. Title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et seq.), as amended by this Act, is further amended by adding at the end the following: ``Su

Flu Protection Act of 2004 - Amends the Public Health Act to require: (1) the Secretary of Health and Human Services, through the Director of the Centers for Disease Control and Prevention, to conduct annual public influenza awareness campaign and education and outreach (including Medicare outreach) efforts preceding the flu season; (2) the Director to contract with influenza vaccine manufacturers to ensure the availability of additional doses of flu vaccine; (3) the Director to encourage States to develop a contingency immunization plan for high-risk populations in the event of a vaccine delay or shortage; and (4) the Secretary, through the Director, to establish a protocol to attempt to prevent, prepare for, and respond to an influenza epidemic or pandemic. Requires a manufacturer of a vaccine that receives Federal authority to distribute such vaccine to provide the Department of Health and Human Services (HHS) with advance notice of such manufacturer's intent to stop marketplace distribution of the vaccine. Amends the Internal Revenue Code to: (1) establish a vaccine manufacturing facilities investment tax credit (20 percent of qualifying property per year) for property placed in service by December 31, 2008; and (2) define "vaccine manufacturing facilities property."

A bill to amend the Public Health Service Act to provide for influenza vaccine awareness campaign, ensure a sufficient influenza vaccine supply, and prepare for an influenza pandemic or epidemic, to amend the Internal Revenue Code of 1986 to encourage vaccine production capacity, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Choctaw Code Talkers Recognition Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On April 6, 1917, the United States, after extraordinary provocations, declared war on Germany, thus the United States entered World War I, the War to End All Wars. (2) At the time of this declaration of war, Indian people in the United States, including members of the Choctaw Nation, were not accorded the status of citizens of the United States. (3) Without regard to this lack of citizenship, many members of the Choctaw Nation joined many members of other Indian tribes and nations in enlisting in the Armed Forces to fight on behalf of their native land. (4) Members of the Choctaw Nation were enlisted in the force known as the American Expeditionary Force, which began hostile actions in France in the fall of 1917, and specifically, members of the Choctaw Nation were incorporated in a company of Indian enlistees serving in the 142d Infantry Company of the 36th Division. (5) A major impediment to Allied operations in general, and American operations in particular, was the fact that the German forces had deciphered all codes used for transmitting information between Allied commands, leading to substantial loss of men and materiel during the first year of American action. (6) Because of the proximity and static nature of the battle lines, a method to communicate without the knowledge of the enemy was needed. (7) An American commander realized the fact that he had under his command a number of men who spoke a native language. While the use of such native languages was discouraged by the American Government, the commander sought out and recruited 18 Choctaw Indians to use for transmission of field telephone communications during an upcoming campaign. (8) Because the language used by the Choctaw soldiers in the transmission of information was not based on a European language or on a mathematical progression, the Germans were unable to understand any of the transmissions. (9) The Choctaw soldiers were placed in different command positions, to achieve the widest possible area for communications. (10) The use of the Choctaw Code Talkers was particularly important in the movement of American soldiers in October of 1918 (including securing forward and exposed positions), in the protection of supplies during American action (including protecting gun emplacements from enemy shelling), and in the preparation for the assault on German positions in the final stages of combat operations in the fall of 1918. (11) In the opinion of the officers involved, the use of Choctaw Indians to transmit information in their native language saved men and munitions, and was highly successful. Based on this successful experience, Choctaw Indians were being withdrawn from frontline units for training in transmission of codes so as to be more widely used when the war came to a halt. (12) The Germans never succeeded in breaking the Choctaw code. (13) This was the first time in modern warfare that such transmission of messages in a native American language was used for the purpose of confusing the enemy. (14) This action by members of the Choctaw Nation is another example of the commitment of American Indians to the defense of our great Nation and adds to the proud legacy of such service. (15) The Choctaw Nation has honored the actions of these 18 Choctaw Code Talkers through a memorial bearing their names located at the entrance of the tribal complex in Durant, Oklahoma. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--To express recognition by the United States of America and its citizens in honoring the Choctaw Code Talkers who distinguished themselves in performing a unique, highly successful communications operation that greatly assisted in saving countless lives and in hastening the end of World War I, the President is authorized to present to each Choctaw Code Talker, or a surviving family member of that Code Talker, on behalf of the Congress, a gold medal of appropriate design honoring the Choctaw Code Talkers. (b) Design and Striking.--For the purposes of the presentations referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, and at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS AS NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 6. FUNDING. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the costs of the medals authorized by this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Choctaw Code Talkers Recognition Act - Authorizes the President to present on behalf of Congress (where appropriate, posthumously) congressional gold medals honoring the Choctaw Code Talkers who distinguished themselves in performing a unique, highly successful communications operation that greatly assisted in saving countless lives and in hastening the end of World War I.

To authorize the President to present a gold medal on behalf of the Congress to the Choctaw Code Talkers in recognition of their contributions to the Nation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Election Standards Act of 2001''. TITLE I--ESTABLISHMENT OF NATIONAL ADVISORY COMMISSION ON FEDERAL ELECTION STANDARDS. SEC. 101. ESTABLISHMENT OF COMMISSION; MEMBERSHIP. (a) Establishment of Commission.--There is established a commission to be known as the National Advisory Commission on Federal Election Standards (hereafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall be composed of 24 voting and 2 nonvoting members, who shall serve for the life of the Commission and shall be appointed as follows: (1) 3 members appointed by the Majority Leader of the Senate. (2) 3 members appointed by the Minority Leader of the Senate. (3) 3 members appointed by the Speaker of the House of Representatives. (4) 3 members appointed by the Minority Leader of the House of Representatives. (5) 3 members appointed by the National Association of Secretaries of State, of whom no more than 2 shall represent States with large populations, no more than 2 shall represent States with small populations, and no more than 2 shall be from the same political party or geographic region. (6) 3 members appointed by the National Association of State Election Directors, of whom no more than 2 shall represent States with large populations, no more than 2 shall represent States with small populations, and no more than 2 shall be from the same political party or geographic region. (7) 6 members who shall be local election officials and who shall be appointed as follows: (A) 2 shall be appointed by the Election Center. (B) 2 shall be appointed by the International Association of Clerks, Recorders, Election Officials and Treasurers. (C) 2 shall be appointed by the National Association of County Recorders, Election Officials and Clerks. (8) The Attorney General and the Chair of the Federal Election Commission (or their respective designees), who shall be nonvoting members of the Commission. (b) Appointments; Initial Meeting.--Appointments to the Commission shall be made not later than 45 days after the date of the enactment of this Act. The Commission shall hold its initial meeting not later than 30 days after the date on which all members of the Commission have been appointed, and at such meeting shall select a chair from among the members of the Commission. (c) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Rules of the Commission.-- (1) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (2) Meetings.--Meetings shall be held at the call of the chair upon at least 14 days written notice. All meetings shall be open to the public. (3) Voting.--All actions of the Commission shall be by majority vote of those present and voting. (4) Testimony.--The Commission shall provide opportunities for representatives of the general public, civic groups, consumer groups, and State and local government officials to testify. (5) Additional rules.--The Commission may adopt additional rules as needed. SEC. 102. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall-- (1) examine and report to the President, the Congress, and the chief election official of each State regarding the accuracy, integrity, and efficiency of Federal election procedures in the States; (2) develop standards for the conduct of Federal elections and make recommendations with respect to the periodic review and updating of such standards; and (3) make additional recommendations to Congress with respect to procedural and administrative aspects of Federal elections over which Congress may exercise legislative authority under the Constitution of the United States. (b) Specific Consideration of Certain Issues in Development of Standards.--In developing standards under subsection (a)(2) for the conduct of Federal elections, the Commission shall give specific consideration to the following: (1) Procedures for voter registration and maintenance of lists of registered voters. (2) Ballot design, voting equipment, the methods employed in counting and recounting votes, and the procedures for challenging the results. (3) Factors which affect access to and the efficient and orderly operation of polling places, including hours of voting (which may include standards for a uniform national poll closing time for presidential elections), number and accessibility of polling stations, training of poll workers, methods of reducing delay, and steps to ensure that all voters who report to the polls have an opportunity to cast votes. (4) Procedures for mail-in and absentee voting (including deadlines for receipt of mail-in and absentee ballots). (c) Specific Consideration of Certain Issues in Additional Recommendations.--In preparing additional recommendations for Congress under subsection (a)(3), the Commission shall make recommendations as to whether Federal law should be amended to authorize Federal elections to be conducted-- (1) on dates other than those prescribed by current Federal law so as to permit weekend elections, voting on multiple days, or expanded early voting options; and (2) by means of the Internet. SEC. 103. REPORTS. (a) Report on Current Procedures and Recommended Standards.--Not later than 12 months after the date of the initial meeting of the Commission, the Commission shall submit to the President, the Congress, the chair of the Federal Election Commission, and the chief election official of each State a report which includes-- (1) the findings and conclusions of the Commission on the accuracy, integrity, and efficiency of Federal election procedures in the States made under section 102(a)(1), together with other findings and conclusions of the Commission; and (2) the recommended standards for the conduct of Federal elections developed under section 102(a)(2). (b) Report on Additional Recommendations.--Not later than 12 months after the date of the initial meeting of the Commission, the Commission shall submit to Congress the additional recommendations prepared under section 102(a)(3). (c) Separate Views.--Any member of the Commission may submit additional findings and recommendations to be made a part of the reports submitted under this section. SEC. 104. POWERS. (a) Hearings.--The Commission may hold such hearings, sit and act at such places and times, take such testimony, and receive such evidence as the Commission deems necessary to carry out the provisions of this Act, except that in holding hearings the Commission shall select locations for the hearings in a manner which reflects a balance among various geographic regions of the United States. (b) Access to Federal Information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (c) Use of Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 105. COMPENSATION AND PERSONNEL. (a) Compensation of Members.--Members of the Commission shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Government service under subchapter I of chapter 57 of title 5, United States Code, while away from their homes and places of business in the performance of services for the Commission. (b) Personnel.--The chair of the Commission may appoint staff of the Commission, request the detail of Federal employees, and accept temporary and intermittent services in accordance with section 3161 of title 5, United States Code, except that the rate of pay of any staff may not exceed the annual rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. SEC. 106. SUPPORT SERVICES. The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. SEC. 107. TERMINATION. The Commission shall terminate not later than the date that is 30 days after the date the Commission submits the reports required under section 103. SEC. 108. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 to the Commission to carry out this title. TITLE II--FEDERAL ELECTION STANDARDS IMPLEMENTATION GRANTS SEC. 201. GRANT AUTHORIZATION. (a) In General.-- (1) Establishment of program.--Not later than 60 days after the National Advisory Commission on Federal Election Standards submits the report containing its recommended standards for the conduct of Federal elections under section 103(a), the Federal Election Commission shall establish a program to make grants to qualifying States to improve the accuracy, integrity, and efficiency of Federal election procedures by carrying out programs, projects, and other activities to bring the conduct of Federal elections into conformity with such standards. (2) Solicitation of applications.--Not later than 30 days after establishing the program under this section, the Federal Election Commission shall begin soliciting applications from States for grants under the program. (b) Qualifying State Defined.--In this section, a ``qualifying State'' is a State which has submitted an application for a grant under the program under this section (at such time and in such form and manner as the Federal Election Commission may require) containing such information and assurances as the Federal Election Commission may require. (c) Permitted Uses.--Grants made under the program under this section may be used by States, either directly or through units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia, for activities which may include the following: (1) The hiring of employees or consultants to design and implement systems and procedures which meet the standards referred to in subsection (a). (2) The procurement of equipment, technology, and administrative and managerial support systems which meet such standards. (3) The provision of training or retraining to election officials, employees, and volunteers in the proper use and maintenance of new systems and procedures which meet such standards. (4) Activities to enhance public confidence and participation in the electoral process by increasing knowledge and awareness of new systems and procedures which meet such standards. (5) The evaluation of the effectiveness of new systems and procedures put in place using funds provided under this title. (d) Matching Funds.--The portion of the costs of a program, project, or activity provided by a grant under the program under this section may not exceed 75 percent of the total costs of the program, project, or activity, except that the Federal Election Commission may waive this requirement in whole or in part under such terms and conditions as the Federal Election Commission considers appropriate. (e) Minimum Amount.--Unless all applications submitted by all qualifying States for grants under the program under this section have been funded, the amount received under this section for any fiscal year by each qualifying State, together with grantees within the State, may not be less than 0.5 percent of the total amount appropriated for such grants for the fiscal year. SEC. 202. TECHNICAL ASSISTANCE. (a) In General.--The Federal Election Commission may provide technical assistance to States, units of local government, Indian tribal governments, and other public and private entities, in furtherance of the purposes of this title. (b) Training Centers and Facilities.--The technical assistance provided by the Federal Election Commission under this section may include the establishment and operation of training centers or facilities, either directly or by contracting or cooperative arrangements. The functions of such centers or facilities may include instruction and seminars for election officials, employees, trainers, and such others as the Federal Election Commission considers appropriate to meet the objectives of this title. SEC. 203. REPORTS TO CONGRESS. Not later than 60 days after each fiscal year for which grants are made under this title, the Federal Election Commission shall submit a report to Congress on the programs carried out under this title during the year, and may include in the report any recommendations of the Federal Election Commission for amendments to this title and related provisions of law. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $250,000,000 for each of the first 3 fiscal years beginning after the date of the enactment of this Act, and such sums as may be necessary for each succeeding fiscal year. TITLE III--STATE DEFINED SEC. 301. STATE DEFINED. In this Act, the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa.

Federal Election Standards Act of 2001- Establishes the National Advisory Commission on Federal Election Standards to: (1) examine and report to the President, the Congress, and the chief election official of each State regarding the accuracy, integrity, and efficiency of Federal election procedures in the States; (2) develop standards for the conduct of Federal elections and make recommendations with respect to the periodic review and updating of such standards; and (3) make additional recommendations to Congress with respect to procedural and administrative aspects of Federal elections over which Congress may exercise legislative authority under the Constitution.Directs the Federal Election Commission (FEC) to establish a program to make grants to qualifying States to improve the accuracy, integrity, and efficiency of Federal election procedures by carrying out programs, projects, and other activities to bring the conduct of Federal elections into conformity with such standards.

To establish a bipartisan commission to study the accuracy, integrity, and efficiency of Federal election procedures and develop standards for the conduct of Federal elections, and to authorize grants and technical assistance to the States to assist them in implementing such standards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethanol Infrastructure Expansion Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) it is in the national interest to make greater use of ethanol in transportation fuels; (2) ethanol is a clean, renewable fuel that provides public health benefits in the form of reduced emissions, including reduced greenhouse gas emissions that cause climate change; (3) ethanol use provides economic gains to agricultural producers, biofuels producers, and rural areas; (4) ethanol use benefits the national security of the United States by displacing the use of petroleum, much of which is imported from foreign countries that are hostile to the United States; (5) ethanol can reduce prices at the pump for motoring consumers by extending fuel supplies and due to the competitive cost of ethanol relative to conventional gasoline; (6) ethanol faces shipping challenges in pipelines that transport other liquid transportation fuels; (7) currently ethanol is efficiently shipped by rail tanker cars, barges, and trucks, all of which could, as ethanol production expands, encounter capacity limits due to competing use demands for the rail tanker cars, barges, and trucks; (8) as the United States ethanol market expands in the coming years there is likely to be a need for dedicated ethanol pipelines to transport ethanol from the Midwest, where ethanol generally is produced, to the Eastern and Western United States; (9) as of the date of enactment of this Act, dedicated ethanol pipelines do not exist in the United States and will be challenging to construct, at least initially; (10) Brazil has already shown that ethanol can be shipped effectively via pipeline; and (11) having an ethanol pipeline study completed in the very near term is important because the construction of 1 or more dedicated ethanol pipelines would take at least several years to complete. SEC. 3. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Energy. SEC. 4. FEASIBILITY STUDIES. (a) In General.--The Secretary, in coordination with the Secretary of Agriculture and the Secretary of Transportation, shall spend up to $1,000,000 to fund feasibility studies for the construction of dedicated ethanol pipelines. (b) Conduct of Studies.-- (1) In general.--The Secretary shall-- (A) through a competitive solicitation process, select 1 or more firms having capabilities in the planning, development, and construction of dedicated ethanol pipelines to carry out the feasibility studies described in subsection (a); or (B) carry out the feasibility studies in conjunction with such firms. (2) Timing.-- (A) In general.--If the Secretary elects to select 1 or more firms under paragraph (1)(A), the Secretary shall award funding under this section not later than 120 days after the date of enactment of this Act. (B) Studies.--As a condition of receiving funds under this section, a recipient of funding shall agree to submit to the Secretary a completed feasibility study not later than 360 days after the date of enactment of this Act. (c) Study Factors.--Feasibility studies funded under this Act shall include consideration of-- (1) existing or potential barriers to dedicated ethanol pipelines, including technical, siting, financing, and regulatory barriers; (2) market risk, including throughput risk, and ways of mitigating the risk; (3) regulatory, financing, and siting options that would mitigate risk in these areas and help ensure the construction of 1 or more dedicated ethanol pipelines; (4) financial incentives that may be necessary for the construction of dedicated ethanol pipelines, including the return on equity that sponsors of the first dedicated ethanol pipelines will require to invest in the pipelines; (5) ethanol production of 20,000,000,000, 30,000,000,000, and 40,000,000,000 gallons per year by 2020; and (6) such other factors that the Secretary considers to be appropriate. (d) Confidentiality.--If a recipient of funding under this section requests confidential treatment for critical energy infrastructure information or commercially-sensitive data contained in a feasibility study submitted by the recipient under subsection (b)(2)(B), the Secretary shall offer to enter into a confidentiality agreement with the recipient to maintain the confidentiality of the submitted information. (e) Review; Report.--The Secretary shall-- (1) review the feasibility studies submitted under subsection (b)(2)(B) or carried out under subsection (b)(1)(B); and (2) not later than 15 months after the date of enactment of this Act, submit to Congress a report that includes-- (A) information about the potential benefits of constructing 1 or more dedicated ethanol pipelines; and (B) recommendations for legislation that could help provide for the construction of dedicated ethanol pipelines. SEC. 5. FUNDING. There is authorized to be appropriated to the Secretary to carry out this Act $1,000,000 for fiscal year 2008, to remain available until expended.

Ethanol Infrastructure Expansion Act of 2006 - Directs the Secretary of Energy, in coordination with the Secretary of Agriculture and the Secretary of Transportation, to award up to $1 million to one or more eligible firms to conduct feasibility studies for the construction of one or more dedicated ethanol pipelines.

A bill to require the Secretary of Energy to award funds to study the feasibility of constructing 1 or more dedicated ethanol pipelines to increase the energy, economic, and environmental security of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bovine Growth Hormone Milk Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Synthetic recombinant bovine growth hormone (in this section referred to as ``synthetic BGH'') is a product of genetic engineering and is the first food product of genetic engineering to be in direct widespread use in the consumer marketplace and to be ingested in significant amounts by infants and children. (2) Synthetic BGH injections in dairy cows result in a residue of synthetic BGH in the milk produced by injected cows. (3) Synthetic BGH injections of dairy cows result in increased levels of bovine insulin-like growth factor in the milk produced by injected cows. According to the American Medical Association and others, further studies are required to determine whether human ingestion of higher than normal levels of bovine insulin-like growth factor is safe. (4) Synthetic BGH injections result in a variety of health problems in injected cows, including significant increases in mastitis (an infection of the cow's udder that results in visibly abnormal milk). (5) The cow health problems resulting from synthetic BGH injections will result in a significant increased use of antibiotics in injected cows. Many of the antibiotics used to treat mastitis in dairy cows are not detected in the usual milk monitoring process. The Food and Drug Administration determined that synthetic BGH poses a ``manageable risk'' to consumers because of the increased risk of antibiotics entering the consumer milk supply. (6) Consumers are concerned about hormones and antibiotics in their food and humane treatment of animals and have shown overwhelming support for labeling of milk and milk products produced with synthetic BGH. (7) According to the Office of Management and Budget, synthetic BGH use will result in an increase in Federal budget costs of over $500,000,000 in the next 5 years and a decrease in overall dairy farm income of $1.3 billion dollars in that same period. (8) As of June 1994, the European Community had a moratorium on the commercial use of synthetic BGH and the Canadian Parliament had recommended a similar moratorium. Australia and New Zealand, where one quarter of the world's milk is produced, refused to approve synthetic BGH. (9) Consumers have a right to know if the milk they consume has been produced with synthetic BGH. (10) Both States and individual companies have begun to take actions to label products produced with synthetic BGH. (11) Confusion surrounding label claims and regulations have resulted in lawsuits against States and companies who have implemented label programs. (12) There is a need for a common label to provide consumers across the country with a simple and accessible means of identifying milk produced with synthetic BGH. (13) A synthetic BGH residue test is needed to validate label claims in order to ensure consumers that the labels are truthful and not misleading. (14) A residue test is generally required when a drug is found to leave a residue in a human food product. (15) Scientific organizations, including the American Medical Association and the Consumers Union, have stated that a synthetic BGH residue test can be devised. Much of the preliminary research for a test has already been completed. Claims have been made that a test already has been successfully developed in a lab. TITLE I--LABELING SEC. 101. LABELING. (a) In General.--The Secretary of Agriculture shall require the following labeling of milk and milk products: (1) If it is milk that-- (A) is intended for human consumption; and (B)(i) is produced by cows that have been injected with synthetic BGH; or (ii) has been commingled with milk produced by such cows, the labeling of the milk shall bear the following statement: ``This milk was produced by cows injected with synthetic BGH.''. (2) If it is a milk product that is intended for human consumption and is derived from milk described in paragraph (1), the labeling of the milk product shall bear the following statement: ``This milk product was derived from milk produced by cows injected with synthetic BGH.''. SEC. 102. RECORDS. (a) Records.--A person who sells synthetic BGH, purchases the hormone, distributes the hormone, or injects the hormone into a cow shall prepare and maintain records that comply with the regulations issued by the Secretary of Agriculture under subsection (b). (b) Regulations regarding records.-- (1) Persons covered.--Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture shall issue regulations that require-- (A) persons who sell synthetic BGH; (B) persons who purchase synthetic BGH; (C) persons who distribute synthetic BGH; and (D) persons who inject synthetic BGH into cows, to create and maintain records that contain the applicable information specified in paragraph (2). (2) Information.--Regulations issued under paragraph (1) shall require records to contain a description of-- (A) the quantity and source of the synthetic BGH obtained (by manufacture, purchase, or any other means); (B) the date on which the hormone was obtained; and (C) the identity of each person to whom the hormone was sold or otherwise distributed, the cows into which any portion of the hormone was injected, and each person who has an operator or ownership interest in the cows. (c) Other Regulations.--Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture shall issue regulations that establish-- (1) requirements with respect to the sale, distribution, and administration of synthetic BGH; and (2) such other requirements with respect to the use of synthetic BGH as the Secretary may determine to be necessary to carry out the objectives of this Act. SEC. 103. DEFINITIONS. As used in this section-- (1) The term ``synthetic BGH'' means-- (A) a substance described as bovine somatotropin, bST, BST, bGH, or BGH; and (B) a growth hormone, intended for use in bovine animals, that has been produced through recombinant DNA techniques. (2) The term ``cow'' means a bovine animal. SEC. 104. ENFORCEMENT. (a) In General.--If any person fails to label milk or a milk product in accordance with section 101, fails to comply with the recordkeeping requirements of section 102, or otherwise fails to comply with the requirements of this title (or any regulation prescribed under this title), the person shall be liable to the Secretary of Agriculture for a civil penalty in an amount not to exceed $10,000 per violation. (b) Judicial Enforcement.--The Secretary may enforce subsection (a) in the courts of the United States. TITLE II--REDUCTION IN PRICE SEC. 201. REDUCTION IN PRICE RECEIVED FOR MILK PRODUCED BY COWS INJECTED WITH SYNTHETIC BOVINE GROWTH HORMONE. (a) Reduction in Price.--Section 204 of the Agricultural Act of 1949 (7 U.S.C. 1446e) is amended-- (1) by redesignating subsections (i) through (k) as subsections (j) through (l), respectively; (2) by inserting after subsection (h) the following new subsection: ``(i) Reduction in Price Received for Milk Produced by Cows Injected With Synthetic Bovine Growth Hormone.-- ``(1) In general.--Beginning January 1, 1995, in addition to any reduction in price required under subsections (g) and (h), the Secretary shall provide for a reduction in the price received by producers who inject cows with synthetic BGH for milk-- ``(A) produced in the 48 contiguous States; ``(B) marketed by producers for commercial use; and ``(C) produced by cows that are injected with synthetic BGH. ``(2) Amount.--The amount of the reduction under paragraph (1) in the price received by producers shall be the amount, determined by the Secretary, that is equal to the increased cost of purchasing milk and the products of milk under this section as the result of the injection of cows with synthetic BGH. The increased milk supplies shall be determined as the amount of milk in excess of the amount of milk purchases projected in baseline for Federal purchases without the introduction of synthetic BGH. ``(3) Definitions.--As used in this subsection: ``(A) Synthetic bgh.--The term ``synthetic BGH'' means-- ``(i) a substance described as bovine somatotropin, bST, BST, bGH, or BGH; and ``(ii) a growth hormone, intended for use in bovine, that has been produced through recombinant DNA techniques. ``(B) Milk.--The term `milk' includes-- ``(i) milk produced by cows that have been injected with synthetic BGH; and ``(ii) milk that has been commingled with milk produced by cows that have been injected with synthetic BGH.''; and (3) in subsection (j) (as redesignated by paragraph (1)), by striking ``subsection (g) or (h)'' both places it appears and inserting ``subsection (g), (h), or (i)''. (b) Conforming Amendment Regarding Excess Purchases.--Subsection (g) of such section is amended-- (1) in paragraph (2)(A), by inserting after ``unrestricted use'' the following: ``and purchases whose costs are covered by the reduction in price required by subsection (i)''; and (2) by adding at the end the following new paragraph: ``(4) Condition on estimation of purchases.--In estimating the level of Commodity Credit Corporation purchases of milk and the products of milk for purposes of this subsection, the Secretary shall exclude those Commodity Credit Corporation purchases whose costs are covered under subsection (i) by the reduction in price received by producers who inject cows with synthetic BGH.''. TITLE III--RESIDUE TEST SEC. 301. RESIDUE TEST. At the earliest possible date, the Secretary of Health and Human Services shall develop a scientifically valid synthetic BGH residue test to-- (1) detect the presence of the residue of synthetic BGH in milk produced from cows injected with such hormone, and (2) assure compliance with labeling laws. After the test is developed the Secretary shall make the test available to public health and agricultural agencies of the States and commercially available at the lowest possible cost to dairy producers and processors.

Bovine Growth Hormone Milk Act - Title I: Labeling - Directs the Secretary of Agriculture (Secretary) to impose labeling requirements on milk and milk products intended for human consumption produced from cows treated with synthetic bovine growth hormone (BGH). Directs the Secretary to issue recordkeeping regulations for persons who sell, buy, distribute, or use synthetic BGH. Establishes civil penalties for labeling, recordkeeping, or related violations. Title II: Reduction in Price - Amends the Agricultural Act of 1949 to reduce the price received for milk produced by cows injected with synthetic BGH. Title III: Residue Test - Directs the Secretary of Health and Human Services to develop a detection test for synthetic BGH residues in milk.

Bovine Growth Hormone Milk Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Truck Highway Safety Demonstration Program Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Public safety on the highways of the United States is a paramount concern of all who use the highways and all who prescribe public policy for the use of those highways, including public policy on the operation of heavy commercial trucks on highways. (2) Federal highway funding law effectively imposes a limit of 80,000 pounds on the weight of vehicles permitted to use Interstate System highways. (3) The administration of this law in Maine has forced heavy tractor-trailer and tractor-semitrailer combination vehicles traveling into Maine from neighboring States and Canada to divert onto small State and local roads where higher vehicle weight limits apply under Maine law. (4) The diversion of those vehicles onto such roads causes significant economic hardships and safety challenges for small communities located along those roads. (5) Permitting heavy commercial vehicles, including tanker trucks carrying hazardous material and fuel oil, to travel on Interstate System highways in Maine-- (A) would enhance public safety by reducing-- (i) the number of heavy vehicles that use town and city streets in Maine; and (ii) as a result, the number of dangerous interactions between those heavy vehicles and such other vehicles as school buses and private vehicles; and (B) would reduce the net highway maintenance costs in Maine because the Interstate System highways, unlike the secondary roads of Maine, are built to accommodate heavy vehicles and are, therefore, more durable. SEC. 3. DEFINITIONS. In this Act: (1) Covered interstate system highway.-- (A) In general.--The term ``covered Interstate System highway'' means a highway within the State of Maine that is designated as a route on the Interstate System, except as provided in subparagraph (B). (B) Exception.--The term does not include any portion of highway that, as of the date of the enactment of this Act, is exempted from the requirements of subsection (a) of section 127 of title 23, United States Code, by the last sentence of such subsection. (2) Interstate system.--The term ``Interstate System'' has the meaning given that term in section 101(a) of title 23, United States Code. SEC. 4. MAINE TRUCK SAFETY DEMONSTRATION PROGRAM. The Secretary of Transportation shall carry out a program, in the administration of this Act, to demonstrate the effects on the safety of the overall highway network in the State of Maine that would result from permitting vehicles described in section 5(b) to be operated on the Interstate System highways within the State. SEC. 5. WAIVER OF HIGHWAY FUNDING REDUCTION RELATING TO WEIGHT OF VEHICLES USING INTERSTATE SYSTEM HIGHWAYS. (a) Prohibition Relating to Certain Vehicles.--Notwithstanding section 127(a) of title 23, United States Code, the total amount of funds apportioned to the State of Maine under section 104(b)(1) of such title for any period may not be reduced under such section 127(a) on the basis that the State of Maine permits a vehicle described in subsection (b) to use a covered Interstate System highway. (b) Combination Vehicles in Excess of 80,000 Pounds.--A vehicle referred to in subsection (a) is a vehicle having a weight in excess of 80,000 pounds that-- (1) consists of a 3-axle tractor unit hauling a single trailer or semitrailer; and (2) does not exceed any vehicle weight limitation that is applicable under the laws of the State of Maine to the operation of such vehicle on highways in Maine not in the Interstate System, as such laws are in effect on the date of the enactment of this Act. (c) Effective Date and Termination.-- (1) Effective date.-- (A) Date of satisfaction of administrative conditions by maine.--The prohibition in subsection (a) shall take effect on the date on which the Secretary of Transportation notifies the Commissioner of Transportation of the State of Maine in writing that-- (i) the Secretary has received the plan described in paragraph (1) of section 6; and (ii) the Commissioner has established a highway safety committee as described in paragraph (2) of such section and has promulgated rules and procedures for the collection of highway safety data as described in paragraph (3) of such section. (B) Permanent effect.--After taking effect, the prohibition in subsection (a) shall remain in effect unless terminated under paragraph (2). (2) Contingent termination.--The prohibition in subsection (a) shall terminate three years after the effective date applicable under paragraph (1) if, before the end of such 3- year period, the Secretary of Transportation-- (A) determines that-- (i) operation of vehicles described in subsection (b) on covered Interstate System highways in Maine has adversely affected safety on the overall highway network in Maine; or (ii) the Commissioner of Transportation of the State of Maine has failed faithfully to use the highway safety committee as described in paragraph (2)(A) of section 6 or to collect data as described in paragraph (3) of such section; and (B) publishes the determination, together with the date of the termination of the prohibition, in the Federal Register. (d) Consultation Regarding Termination for Safety.--In making a determination under subsection (c)(2)(A)(i), the Secretary of Transportation shall consult with the highway safety committee established by the Commissioner in accordance with section 6. SEC. 6. RESPONSIBILITIES OF THE STATE OF MAINE. For the purposes of section 5, the State of Maine satisfies the conditions of this section if the Commissioner of Transportation of the State of Maine-- (1) submits to the Secretary of Transportation a plan for satisfying the conditions set forth in paragraphs (2) and (3); (2) establishes and chairs a highway safety committee that-- (A) the Commissioner uses to review the data collected pursuant to paragraph (3); and (B) consists of representatives of-- (i) agencies of the State of Maine that have responsibilities related to highway safety; (ii) municipalities of the State of Maine; (iii) organizations that have evaluation or promotion of highway safety among their principal purposes; and (iv) the commercial trucking industry; and (3) collects data on the net effects that the operation of vehicles described in section 5(b) on covered Interstate System highways have on the safety of the overall highway network in Maine, including the net effects on single-vehicle and multiple-vehicle collision rates for such vehicles.

Commercial Truck Highway Safety Demonstration Program Act of 2003 - Directs the Secretary of Transportation to carry out a program to demonstrate the effects on the safety of the highway network in Maine of permitting operation on the Interstate System highways within the State of a vehicle that weighs over 80,000 pounds, that consists of a three-axle tractor unit hauling a single trailer or semitrailer, and that does not exceed any vehicle weight limitation applicable under Maine law. Waives highway funding reduction relating to weight of vehicles using Interstate System highways with respect to vehicles allowed pursuant to this program. Provides for program termination and for the responsibilities of the State of Maine, including: (1) submitting a plan to the Secretary of Transportation; (2) establishing a highway safety committee; and (3) collecting data on the net effects of the operation of such vehicles on safety.

A bill to establish a commercial truck highway safety demonstration program in the State of Maine, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Agricultural Water Quality Policy Oversight Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and definitions. Sec. 3. Interagency Agricultural Water Quality Policy Working Group. Sec. 4. Advisory committee to address agriculture-related water quality issues. Sec. 5. Other aspects of leadership role of Department of Agriculture. Sec. 6. Maintaining privacy of personal data received by Department of Agriculture and data gathering locations. Sec. 7. Agricultural water quality programs. SEC. 2. FINDINGS AND DEFINITIONS. (a) Findings.--Congress finds the following: (1) The Secretary of Agriculture must provide the leadership necessary to ensure that sound science is used to develop Federal policy decisions and rules regarding private agricultural lands and other rural lands. (2) Public attention has gradually turned from the manufacturing industry toward agriculture as a source of water pollution. (3) Various studies allege that agricultural production is a source of nutrients and other forms of non-point source pollution. (4) Although many of these studies are based on erroneous or incomplete data, Federal agencies are continuing to increase the paperwork and financial burden on farmers and ranchers through regulatory requirements based on these studies. (5) Any Federal policy recommendations that may be issued by any Federal agency to address water pollution problems related to agricultural lands should be based on sound science, subject to adequate peer review, and should take into account the economic feasibility of implementing such recommendations at the farm level. (6) The majority of farmers and ranchers voluntarily manage their land in ways that protect the productivity and quality of their soil. (7) Federal, State, and local technical assistance efforts are ongoing to assist farmers and ranchers in implementing voluntary conservation measures to assess and reduce the risk of non-point source water pollution contributions from agricultural production. (8) Farmers and ranchers seeking technical assistance from the Department of Agriculture share detailed data and information about their operations and trust that this information will be kept confidential. (b) Definitions.--In this Act: (1) Interagency working group.--The term ``Interagency Working Group'' means the Interagency Agricultural Water Quality Policy Working Group established pursuant to section 3. (2) Advisory committee.--The term ``advisory committee'' means the advisory committee to address agriculture-related water quality issues established pursuant to section 4. (3) Sound science.--The term ``sound science'' means technical or scientific information or techniques that have been subjected to independent peer review, publication in one or more scientific journals, or subjected to some other unbiased process which assures independent scholarly critique of research or field trial results and conclusions, including consideration of the accuracy of collection and analysis for all underlying data. In addition, in all cases where replication of research results is feasible, the term can be applied only to information or techniques that have demonstrated repeatable results in similar trials at other times or at multiple locations. SEC. 3. INTERAGENCY AGRICULTURAL WATER QUALITY POLICY WORKING GROUP. (a) Purpose.--It is the purpose of this section to establish an executive branch working group, to be chaired by the Secretary of Agriculture, to-- (1) ensure that sound science is used to develop agricultural water quality policy; and (2) provide advice and recommendations on the integration and coordination of Federal water quality policy affecting private agricultural lands and other rural lands. (b) Establishment.--There is established in the executive branch a working group, to be known as the Interagency Agricultural Water Quality Policy Working Group. The Interagency Working Group shall include the following members: (1) The Secretary of Agriculture, or the designee of the Secretary, who shall chair the Interagency Working Group. (2) The Secretary of the Interior, or the designee of the Secretary of the Interior. The designee of the Secretary of the Interior shall be an officer or employee of the Geological Survey. (3) The Secretary of the Army, or the designee of the Secretary of the Army. (4) The Secretary of Commerce, or the designee of the Secretary of Commerce. The designee of the Secretary of Commerce shall be an officer or employee of the National Oceanic and Atmospheric Administration. (5) The Administrator of the Environmental Protection Agency or the designee of the Administrator. (6) The heads of such other Federal agencies or other Executive Offices as the Secretary of Agriculture considers appropriate or their designees. (c) Meetings.-- (1) Initial meeting.--Not later than 120 days after the date of the enactment of this Act, the Interagency Working Group shall hold its first meeting. (2) Time for meetings.--The Interagency Working Group shall meet at the call of the chair, but at least annually. (3) Quorum.--A majority of the members of the Interagency Working Group shall constitute a quorum to conduct business pursuant to this Act, but a lesser number of members may hold hearings to receive testimony. (d) Agriculture-Related Water Quality Policy Clearance.--After the establishment of the Interagency Working Group, all new Federal water quality policy affecting agricultural lands and other rural lands shall be subject to approval by the Interagency Working Group. (e) Analysis of Current Policies.--The Interagency Working Group shall conduct a thorough analysis of national water quality policy in effect as of the date of the enactment of this Act and affecting agricultural and rural lands. In conducting the study, the Interagency Working Group shall-- (1) review all existing Federal laws and programs relating to agricultural water quality policy; (2) review State, local, and tribal laws and programs relating to agricultural water quality policy that the Interagency Working Group finds pertinent; (3) review recent agricultural water quality policy activities by Federal agencies and determine if these policies are backed by research and sound science; (4) prepare recommendations on mechanisms to ensure that sound science is the foundation of agricultural water quality policy adopted after the date of the enactment of this Act; (5) consult with State Governors and prepare recommendations on how Federal agricultural water quality policies and programs can be better integrated with ongoing State, local, and tribal programs into a comprehensive national policy. (f) Submission of Report.-- (1) In general.--Not later than 18 months after the date of the enactment of this Act, the Interagency Working Group shall submit a report to the President and Congress containing a detailed statement of the findings and conclusions of the Interagency Working Group derived from the study conducted by the Interagency Working Group under subsection (e), together with recommendations for such legislation and administrative actions as the Interagency Working Group considers appropriate. (2) Approval of report.--Before submission of the report, the contents of the report shall be approved by majority vote of the Interagency Working Group. Members voting not to approve the contents shall be given the opportunity to submit dissenting views with the report. (g) Miscellaneous Powers.-- (1) Hearings.--The Interagency Working Group may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Interagency Working Group considers necessary to carry out the duties of the Interagency Working Group. (2) Information from federal agencies.--The Interagency Working Group may secure directly from any Federal agency such information as the Interagency Working Group considers necessary to carry out its duties. Upon request of the chair of the Interagency Working Group, the head of such agency shall furnish such information to the Interagency Working Group. SEC. 4. ADVISORY COMMITTEE TO ADDRESS AGRICULTURE-RELATED WATER QUALITY ISSUES. (a) Establishment of Advisory Committee.--The Secretary of Agriculture shall establish an advisory committee to address agriculture-related water quality issues, including research and modeling, agricultural water quality inventorying and monitoring activities, and the availability of conservation technical assistance for implementing agriculture-related water quality programs. (b) Composition.--The advisory committee shall be comprised of representatives of the agriculture industry, agricultural producers, employees of the Department of Agriculture, research scientists from colleges and universities, and other experts in the fields of agriculture and water quality. (c) Duties.--The advisory committee shall advise the Secretary of Agriculture on all major agriculture-related water quality issues. The advisory committee shall initially report on-- (1) the role of the Department of Agriculture for providing oversight and coordination related to agricultural water quality and this Act; (2) mechanisms to ensure sound science is utilized in agricultural water quality policy; (3) options to ensure the financial burden of agriculture- related water quality regulations on individual farmers and ranchers is considered; and (4) how best to provide assistance to priority watersheds as designated by States in the Unified Watershed Assessments completed as a part of the Clean Water Action Plan mandate. (d) Meetings.--The advisory committee shall meet at such times as the Secretary of Agriculture may require in order to provide recommendations to the Secretary on all major agriculture-related water quality issues as policy is developed. SEC. 5. OTHER ASPECTS OF LEADERSHIP ROLE OF DEPARTMENT OF AGRICULTURE. (a) Promotion of Research Cooperation.--The Secretary of Agriculture shall ensure cooperation between the Department of Agriculture and other Federal agencies in research activities regarding agriculture-related water quality in order to coordinate the activities and avoid duplication. (b) Oversight of Research Results.--The Secretary of Agriculture shall ensure, to the maximum extent possible, that the results of any agriculture-related water quality research conducted by Federal agencies be based on sound science and not report any erroneous data with respect to agriculture-related water quality. The Secretary shall ensure that sound science is available to all Federal agencies during the promulgation or revision of rules after the date of the enactment of this Act. (c) Paperwork Burden.--To the maximum extent practicable, the Secretary of Agriculture shall review efforts by other Federal agencies to issue rules regarding agriculture-related water quality and make recommendations designed to ensure that any required paperwork is minimized and does not impede the flow of normal agricultural activities. SEC. 6. MAINTAINING PRIVACY OF PERSONAL DATA RECEIVED BY DEPARTMENT OF AGRICULTURE AND DATA GATHERING LOCATIONS. (a) Personal Data.--Information or data provided to the Department of Agriculture by a person for the purpose of receiving technical advice or other assistance shall remain confidential to the agency providing the advice or assistance, including any local, State, or Federal agency cooperating with the Department of Agriculture in providing such advice or assistance. Natural resource conservation plans developed by or for a landowner or operator under an education or natural resource conservation program or authority administered by the Secretary of Agriculture shall not be released by any person or agency to any other person, organization, or agency, except for local, State, or Federal agencies cooperating with the Department of Agriculture in providing technical advice or other assistance. This information and data are deemed to be commercial or financial information that is privileged or confidential. (b) Inventory, Monitoring and Site Specific Data.--In order to maintain the personal privacy, confidentiality, and cooperation of land-owners and operators, and to maintain the integrity of sample sites, the geographic locations of Natural Resources Inventory of the Department of Agriculture data gathering sites are not public information. Natural Resources Inventory and other inventory and monitoring site specific data are not to be released to the public unless they have been transformed into a statistical or aggregate form that does not allow identification of the individual landowner, operator or specific data gathering site. (c) Third Party Data Collection.--Any data collected by a third party on private lands as a result of an agreement with the Department of Agriculture or using Department funds to collect information, produce a plan, or monitor sites is considered private and covered under subsection (a) and (b). SEC. 7. AGRICULTURAL WATER QUALITY PROGRAMS. Section 208(j) of the Federal Water Pollution Control Act (33 U.S.C. 1288) is amended-- (1) in paragraph (1)-- (A) by striking ``Soil Conservation Service'' and inserting ``Natural Resources Conservation Service''; (B) by striking ``Such contracts may be entered into during the period ending not later than September 31, 1988.''; and (2) by striking paragraphs (8) and (9) and inserting the following new paragraph: ``(8) There are hereby authorized to be appropriated to the Secretary of Agriculture such sums as may be necessary to carry out this subsection for fiscal years 2000 through 2010. Such sums shall remain available until expended.''.

Agricultural Water Quality Policy Oversight Act of 1999 - Establishes in the executive branch the Interagency Water Quality Policy Working Group, to be chaired by the Secretary of Agriculture. Directs the Group to conduct an analysis of national water quality policy, including consideration of Federal, State, local, and tribal laws. Subjects all new Federal water policy affecting agricultural and rural lands to Group approval. (Sec. 4) Directs the Secretary of Agriculture to establish a related advisory committee, which shall consider: (1) the oversight and coordinating role of the Department of Agriculture; (2) mechanisms to ensure the use of sound science in policy development; (3) the financial considerations of farmers and ranchers; and (4) priority watersheds. (Sec. 5) Directs te Secretary to ensure: (1) cooperation between the Department and other Federal entities; and (2) oversight of research results. (Sec. 6) Provides for personal data confidentiality. (Sec. 7) Amends the Federal Water Pollution Control Act with respect to certain contracts for nonpoint source water pollution control management to: (1) replace the Soil Conservation Service with the Natural Resources Conservation Service as a coordinating entity; (2) reopen contract authority; and (3) authorize appropriations.

Agricultural Water Quality Policy Oversight Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``HUBZone Improvement Act of 2010''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the terms ``HUBZone'' and ``HUBZone small business concern'' and ``HUBZone map'' have the meanings given those terms in section 3(p) of the Small Business Act (15 U.S.C. 632(p)), as amended by this Act; and (3) the term ``recertification'' means a determination by the Administrator that a business concern that was previously determined to be a qualified HUBZone small business concern is a qualified HUBZone small business concern under section 3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)). SEC. 3. PURPOSE; FINDINGS. (a) Purpose.--The purpose of this Act is to reform and improve the HUBZone program of the Administration. (b) Findings.--Congress finds that-- (1) the HUBZone program was established under the HUBZone Act of 1997 (Public Law 105-135; 111 Stat. 2627) to stimulate economic development through increased employment and capital investment by providing Federal contracting preferences to small business concerns in those areas, including inner cities and rural counties, that have low household incomes, high unemployment, and suffered from a lack of investment; and (2) according to the Government Accountability Office, the weakness in the oversight of the HUBZone program by the Administration has exposed the Government to fraud and abuse. SEC. 4. HUBZONE IMPROVEMENTS. The Administrator shall-- (1) ensure the HUBZone map-- (A) is accurate and up-to-date; and (B) revised as new data is made available to maintain the accuracy and currency of the HUBZone map; (2) implement policies for ensuring that only HUBZone small business concerns determined to be qualified under section 3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) are participating in the HUBZone program, including through the appropriate use of technology to control costs and maximize, among other benefits, uniformity, completeness, simplicity, and efficiency; (3) submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding any application to be designated as a HUBZone small business concern or for recertification for which the Administrator has not made a determination as of the date that is 60 days after the date on which the application was submitted or initiated, which shall include a plan and timetable for ensuring the timely processing of the applications; and (4) develop measures and implement plans to assess the effectiveness of the HUBZone program that-- (A) require the identification of a baseline point in time to allow the assessment of economic development under the HUBZone program, including creating additional jobs; and (B) take into account-- (i) the economic characteristics of the HUBZone; and (ii) contracts being counted under multiple socioeconomic subcategories. SEC. 5. EMPLOYMENT PERCENTAGE. Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) is amended-- (1) in paragraph (5), by adding at the end the following: ``(E) Employment percentage during interim period.-- ``(i) Definition.--In this subparagraph, the term `interim period' means the period beginning on the date on which the Administrator determines that a HUBZone small business concern is qualified under subparagraph (A) and ending on the day before the date on which a contract under the HUBZone program for which the HUBZone small business concern submits a bid is awarded. ``(ii) Interim period.--During the interim period, the Administrator may not determine that the HUBZone small business is not qualified under subparagraph (A) based on a failure to meet the applicable employment percentage under subparagraph (A)(i)(I), unless the HUBZone small business concern-- ``(I) has not attempted to maintain the applicable employment percentage under subparagraph (A)(i)(I); or ``(II) does not meet the applicable employment percentage-- ``(aa) on the date on which the HUBZone small business concern submits a bid for a contract under the HUBZone program; or ``(bb) on the date on which the HUBZone small business concern is awarded a contract under the HUBZone program.''; and (2) by adding at the end the following: ``(8) HUBZone program.--The term `HUBZone program' means the program established under section 31. ``(9) HUBZone map.--The term `HUBZone map' means the map used by the Administration to identify HUBZones.''. SEC. 6. REDESIGNATED AREAS. Section 3(p)(4)(C)(i) of the Small Business Act (15 U.S.C. 632(p)(4)(C)(i)) is amended to read as follows: ``(i) 3 years after the first date on which the Administrator publishes a HUBZone map that is based on the results from the 2010 decennial census; or''.

HUBZone Improvement Act of 2010 - Directs the Administrator of the Small Business Administration (SBA) to ensure that the map used by the SBA to identify HUBZones (historically underutilized business zones) is accurate, up-to-date, and revised as new data is made available. Requires the Administrator to: (1) implement policies for ensuring that only qualified HUBZone small businesses are participating in the HUBZone program; (2) report to the congressional small businesses concerning qualification for, and recertification of, a HUBZone small business; and (3) develop measures and implement plans to assess HUBZone program effectiveness. Amends the Small Business Act to prohibit the Administrator, during the period beginning on the date that a small business is determined qualified as a HUBZone small business and ending the day before a HUBZone program contract for which such small business submits a bid is awarded, from determining that the small business is no longer qualified based on a failure to meet the applicable employment percentage unless, among other things, the small business has not attempted to maintain such percentage.

A bill to direct the Administrator of the Small Business Administration to reform and improve the HUBZone program for small business concerns, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Upper Mississippi River Basin Protection Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Reliance on sound science. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK Sec. 101. Establishment of monitoring network. Sec. 102. Data collection and storage responsibilities. Sec. 103. Relationship to existing sediment and nutrient monitoring. Sec. 104. Collaboration with other public and private monitoring efforts. Sec. 105. Reporting requirements. Sec. 106. National Research Council assessment. TITLE II--COMPUTER MODELING AND RESEARCH Sec. 201. Computer modeling and research of sediment and nutrient sources. Sec. 202. Use of electronic means to distribute information. Sec. 203. Reporting requirements. TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS Sec. 301. Authorization of appropriations. Sec. 302. Cost-sharing requirements. SEC. 2. DEFINITIONS. In this Act: (1) The terms ``Upper Mississippi River Basin'' and ``Basin'' mean the watershed portion of the Upper Mississippi River and Illinois River basins, from Cairo, Illinois, to the headwaters of the Mississippi River, in the States of Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The designation includes the Kaskaskia watershed along the Illinois River and the Meramec watershed along the Missouri River. (2) The terms ``Upper Mississippi River Stewardship Initiative'' and ``Initiative'' mean the activities authorized or required by this Act to monitor nutrient and sediment loss in the Upper Mississippi River Basin. (3) The term ``sound science'' refers to the use of accepted and documented scientific methods to identify and quantify the sources, transport, and fate of nutrients and sediment and to quantify the effect of various treatment methods or conservation measures on nutrient and sediment loss. Sound science requires the use of documented protocols for data collection and data analysis, and peer review of the data, results, and findings. SEC. 3. RELIANCE ON SOUND SCIENCE. It is the policy of Congress that Federal investments in the Upper Mississippi River Basin must be guided by sound science. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK SEC. 101. ESTABLISHMENT OF MONITORING NETWORK. (a) Establishment.--As part of the Upper Mississippi River Stewardship Initiative, the Secretary of the Interior shall establish a sediment and nutrient monitoring network for the Upper Mississippi River Basin for the purposes of-- (1) identifying and evaluating significant sources of sediment and nutrients in the Upper Mississippi River Basin; (2) quantifying the processes affecting mobilization, transport, and fate of those sediments and nutrients on land and in water; (3) quantifying the transport of those sediments and nutrients to and through the Upper Mississippi River Basin; (4) recording changes to sediment and nutrient loss over time; (5) providing coordinated data to be used in computer modeling of the Basin, pursuant to section 201; and (6) identifying major sources of sediment and nutrients within the Basin for the purpose of targeting resources to reduce sediment and nutrient loss. (b) Role of United States Geological Survey.--The Secretary of the Interior shall carry out this title acting through the office of the Director of the United States Geological Survey. SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES. (a) Guidelines for Data Collection and Storage.--The Secretary of the Interior shall establish guidelines for the effective design of data collection activities regarding sediment and nutrient monitoring, for the use of suitable and consistent methods for data collection, and for consistent reporting, data storage, and archiving practices. (b) Release of Data.--Data resulting from sediment and nutrient monitoring in the Upper Mississippi River Basin shall be released to the public using generic station identifiers and hydrologic unit codes. In the case of a monitoring station located on private lands, information regarding the location of the station shall not be disseminated without the landowner's permission. SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING. (a) Inventory.--To the maximum extent practicable, the Secretary of the Interior shall inventory the sediment and nutrient monitoring efforts, in existence as of the date of the enactment of this Act, of Federal, State, local, and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps and redundancies. (b) Integration.--On the basis of the inventory, the Secretary of the Interior shall integrate the existing sediment and nutrient monitoring efforts, to the maximum extent practicable, into the sediment and nutrient monitoring network required by section 101. (c) Consultation and Use of Existing Data.--In carrying out this section, the Secretary of the Interior shall make maximum use of data in existence as of the date of the enactment of this Act and of ongoing programs and efforts of Federal, State, tribal, local, and nongovernmental entities in developing the sediment and nutrient monitoring network required by section 101. (d) Coordination With Long-Term Estuary Assessment Project.--The Secretary of the Interior shall carry out this section in coordination with the long-term estuary assessment project authorized by section 902 of the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33 U.S.C. 2901 note). SEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING EFFORTS. To establish the sediment and nutrient monitoring network, the Secretary of the Interior shall collaborate, to the maximum extent practicable, with other Federal, State, tribal, local and private sediment and nutrient monitoring programs that meet guidelines prescribed under section 102(a), as determined by the Secretary. SEC. 105. REPORTING REQUIREMENTS. The Secretary of the Interior shall report to Congress not later than 180 days after the date of the enactment of this Act on the development of the sediment and nutrient monitoring network. SEC. 106. NATIONAL RESEARCH COUNCIL ASSESSMENT. The National Research Council of the National Academy of Sciences shall conduct a comprehensive water resources assessment of the Upper Mississippi River Basin. TITLE II--COMPUTER MODELING AND RESEARCH SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT SOURCES. (a) Modeling Program Required.--As part of the Upper Mississippi River Stewardship Initiative, the Director of the United States Geological Survey shall establish a modeling program to identify significant sources of sediment and nutrients in the Upper Mississippi River Basin. (b) Role.--Computer modeling shall be used to identify subwatersheds which are significant sources of sediment and nutrient loss and shall be made available for the purposes of targeting public and private sediment and nutrient reduction efforts. (c) Components.--Sediment and nutrient models for the Upper Mississippi River Basin shall include the following: (1) Models to relate nutrient loss to landscape, land use, and land management practices. (2) Models to relate sediment loss to landscape, land use, and land management practices. (3) Models to define river channel nutrient transformation processes. (d) Collection of Ancillary Information.--Ancillary information shall be collected in a GIS format to support modeling and management use of modeling results, including the following: (1) Land use data. (2) Soils data. (3) Elevation data. (4) Information on sediment and nutrient reduction improvement actions. (5) Remotely sense data. SEC. 202. USE OF ELECTRONIC MEANS TO DISTRIBUTE INFORMATION. Not later than 90 days after the date of the enactment of this Act, the Director of the United States Geological Survey shall establish a system that uses the telecommunications medium known as the Internet to provide information regarding the following: (1) Public and private programs designed to reduce sediment and nutrient loss in the Upper Mississippi River Basin. (2) Information on sediment and nutrient levels in the Upper Mississippi River and its tributaries. (3) Successful sediment and nutrient reduction projects. SEC. 203. REPORTING REQUIREMENTS. (a) Monitoring Activities.--Commencing one year after the date of the enactment of this Act, the Director of the United States Geological Survey shall provide to Congress and make available to the public an annual report regarding monitoring activities conducted in the Upper Mississippi River Basin. (b) Modeling Activities.--Every three years, the Director of the United States Geological Survey shall provide to Congress and make available to the public a progress report regarding modeling activities. TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (a) United States Geological Survey Activities.--There is authorized to be appropriated to the United States Geological Survey $6,250,000 each fiscal year to carry out this Act (other than section 106). Of the amounts appropriated for a fiscal year pursuant to this authorization of appropriations, one-third shall be made available for the United States Geological Survey Cooperative Water Program and the remainder shall be made available for the United States Geological Survey Hydrologic Networks and Analysis Program. (b) Water Resource and Water Quality Management Assessment.--There is authorized to be appropriated $650,000 to allow the National Research Council to perform the assessment required by section 106. SEC. 302. COST-SHARING REQUIREMENTS. Funds made available for the United States Geological Survey Cooperative Water Program under section 301(a) shall be subject to the same cost-sharing requirements as specified in the last proviso under the heading ``united states geological survey-surveys, investigations, and research'' of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat. 510; 43 U.S.C. 50).

Upper Mississippi River Basin Protection Act - Directs the Secretary of the Interior, acting through the United States Geological Survey (USGS), to establish a nutrient and sediment monitoring network for the Upper Mississippi River Basin. Directs the Secretary to: (1) establish guidelines for related data collection and storage activities; (2) inventory the sediment and monitoring efforts of governmental and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps, and redundancies; and (3) collaborate with other public and private monitoring efforts in establishing the monitoring program.Directs the National Research Council of the National Academy of Sciences to conduct a water resources assessment of the Basin. Requires the Director of the USGS to establish: (1) a computer modeling program of nutrient and sediment sources in the Basin; and (2) an Internet-based system to distribute information about nutrient and sediment loss reduction projects and nutrient and sediment levels in the Upper Mississippi River and its tributaries.

A bill to promote Department of the Interior efforts to provide a scientific basis for the management of sediment and nutrient loss in the Upper Mississippi River Basin, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Education Incentive Act of 2003''. SEC. 2. EMPLOYER CREDIT FOR EMPLOYEE VOLUNTEER SERVICES IN GRADES K-12. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 45F the following new section: ``SEC. 45G. EMPLOYER CREDIT FOR EMPLOYEE VOLUNTEER SERVICES IN GRADES K-12. ``(a) In General.--For purposes of section 38, the volunteer education services credit determined under this section for the taxable year is an amount equal to 20 percent of the wages paid or incurred by the taxpayer during the taxable year for qualified employee services. ``(b) Maximum Credit Per Employee.--The credit determined under this section with respect to services performed by an employee during the taxable year shall not exceed $1,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified employee services.--The term `qualified employee services' means any service furnished by an employee of the taxpayer if-- ``(A) the services are performed at a qualified K- 12 school, ``(B) the services are related to science, mathematics, or engineering education at grades K-12 at a qualified K-12 school, ``(C) the employee receives no additional compensation for performing such services and the employer receives no compensation for such services, and ``(D) the services are determined by the qualified K-12 school to be valuable to the school in providing education in grades K-12 in the areas of science, mathematics, or engineering. ``(2) Qualified k-12 school.--The term `qualified K-12 school' means any school located in the United States which provides education in grades K-12 and which meets the requirements of State law for providing such education. ``(3) Wages.--The term `wages' has the meaning given to such term by section 51(c). ``(d) Controlled Groups.--Rules similar to the rules of section 1397(b) shall apply for purposes of this section.'' (b) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45G(a),'' after ``45A(a),''. (c) Credit Made Part of General Business Credit.-- (1) In general.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(16) volunteer education services credit determined under section 45G(a).''. (2) Limitation on carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end the following new paragraph: ``(11) No carryback of volunteer education services credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45G may be carried back to any taxable year ending before the date of the enactment of this paragraph.''. (3) Deduction for certain unused business credits.-- Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting ``, and'', and by adding after paragraph (10) the following new paragraph: ``(11) the volunteer education services credit determined under section 45G(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45F the following new item: ``Sec. 45G. Employer credit for employee volunteer services in grades K- 12.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (f) Study.--The Secretary of Education and the Secretary of the Treasury shall jointly conduct a study of the effect of the credit under section 45G of the Internal Revenue Code of 1986, as added by this Act, on the providing of volunteer services to which such credit applies. The results of such study, together with any recommendations for improving the effectiveness of such credit, shall be submitted to the Congress not later than the date which is 2 years after the date of the enactment of this Act.

Technology Education Incentive Act of 2003 - Amends the Internal Revenue Code to establish a volunteer education services credit for qualified employee services. Defines such services as any service furnished by an employee of the taxpayer if: (1) the services are performed at a qualified K-12 school; (2) the services are related to science, mathematics, or engineering education at grades K-12 at a qualified K-12 school; (3) the employee receives no additional compensation for performing such services and the employer receives no compensation for such services; and (4) the services are determined by the qualified K-12 school to be valuable to the school in providing education in grades K-12 in the areas of science, mathematics, or engineering. Requires a study concerning such credit.

To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax to encourage them to have their employees provide volunteer services that aid science, mathematics, and engineering education in grades K-12.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colorectal Cancer Mortality Prevention Act of 2004''. SEC. 2. ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES FOR DETECTION AND CONTROL OF COLORECTAL CANCER. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by inserting after title XXVIII the following new title: ``TITLE XXIX--PREVENTIVE HEALTH MEASURES WITH RESPECT TO COLORECTAL CANCERS ``SEC. 2901. ESTABLISHMENT OF PROGRAM OF GRANTS TO STATES. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States on the basis of an established competitive review process for the purpose of carrying out programs-- ``(1) to screen for colorectal cancer as a preventive health measure; ``(2) to provide appropriate referrals for medical treatment of individuals screened pursuant to paragraph (1) and to ensure, to the extent practicable, the provision of appropriate follow-up services; ``(3) to develop and disseminate public information and education programs for the detection and control of colorectal cancer; ``(4) to improve the education, training, and skills of health professionals (including allied health professionals) in the detection and control of colorectal cancer; ``(5) to establish mechanisms through which the States can monitor the quality of screening procedures for colorectal cancer, including the interpretation of such procedures; and ``(6) to evaluate activities conducted under paragraphs (1) through (5) through appropriate surveillance or program- monitoring activities. ``(b) Grant and Contract Authority of States.--A State receiving a grant under subsection (a) may expend the grant to carry out the purpose described in such subsection through grants to, and contracts with, public or nonprofit private entities. ``SEC. 2902. REQUIREMENT OF MATCHING FUNDS. ``(a) In General.--The Secretary may not make a grant under section 2901 unless the State involved agrees, with respect to the costs to be incurred by the State in carrying out the purpose described in such section, to make available non-Federal contributions (in cash or in kind under subsection (b)) toward such costs in an amount that is not less than $1 for each $3 of Federal funds provided in the grant. Such contributions may be made directly or through donations from public or private entities. ``(b) Determination of Amount of Non-Federal Contribution.-- ``(1) In general.--Non-Federal contributions required in subsection (a) may be in cash or in kind, fairly evaluated, including equipment or services (and excluding indirect or overhead costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(2) Maintenance of effort.--In making a determination of the amount of non-Federal contributions for purposes of subsection (a), the Secretary may include only non-Federal contributions in excess of the average amount of non-Federal contributions made by the State involved toward the purpose described in section 2901 for the 2-year period preceding the first fiscal year for which the State is applying to receive a grant under such section. ``(3) Inclusion of relevant non-federal contributions for medicaid.--In making a determination of the amount of non- Federal contributions for purposes of subsection (a), the Secretary shall, subject to paragraphs (1) and (2) of this subsection, include any non-Federal amounts expended pursuant to title XIX of the Social Security Act by the State involved toward the purpose described in paragraphs (1) and (2) of section 2901(a). ``SEC. 2903. REQUIREMENTS WITH RESPECT TO TYPE AND QUALITY OF SERVICES. ``(a) Requirement of Provision of All Services by Date Certain.-- The Secretary may not make a grant under section 2901 unless the State involved agrees-- ``(1) to ensure that, initially and throughout the period during which amounts are received pursuant to the grant, not less than 60 percent of the grant is expended to provide each of the services or activities described in paragraphs (1) and (2) of section 2901(a), including making available screening procedures for colorectal cancer; ``(2) to ensure that, by the end of any second fiscal year of payments pursuant to the grant, each of the services or activities described in section 2901(a) is provided; and ``(3) to ensure that not more than 40 percent of the grant is expended to provide the services or activities described in paragraphs (3) through (6) of such section. ``(b) Quality Assurance Regarding Screening for Colorectal Cancer.--The Secretary may not make a grant under section 2901 unless the State involved-- ``(1) assures the quality of any screening procedure for colorectal cancer conducted pursuant to such section; and ``(2) assures that, with respect to the first colorectal cancer screening performed on an individual for which payment is made pursuant to section 2901(a), there are satisfactory assurances that the results of the screening will be placed in permanent medical records maintained with respect to the individual. ``(c) Issuance by Secretary of Guidelines With Respect to Quality of Colorectal Services.-- ``(1) In general.--The Secretary shall issue guidelines for assuring the quality of any colorectal screening procedure conducted pursuant to section 2901(a). ``(2) Applicability with respect to grants.--The Secretary may not make a grant under section 2901 unless the State involved agrees that the State will, with respect to any colorectal screening procedure conducted pursuant to such section, ensure that the procedure is conducted in accordance with the guidelines issued by the Secretary under paragraph (1). ``SEC. 2904. ADDITIONAL REQUIRED AGREEMENTS. ``(a) Priority for Low-Income Individuals.--The Secretary may not make a grant under section 2901 unless the State involved agrees that low-income individuals will be given priority in the provision of services and activities pursuant to paragraphs (1) and (2) of section 2901(a). ``(b) Limitation on Imposition of Fees for Services.--The Secretary may not make a grant under section 2901 unless the State involved agrees that, if a charge is imposed for the provision of services or activities under the grant, such charge-- ``(1) will be made according to a schedule of charges that is made available to the public; ``(2) will be adjusted to reflect the income of the individuals involved; and ``(3) will not be imposed on any individual with an income of less than 100 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. ``(c) Statewide Provision of Services.-- ``(1) In general.--The Secretary may not make a grant under section 2901 unless the State involved agrees that services and activities under the grant will be made available throughout the State, including availability to members of any Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act). ``(2) Waiver.--The Secretary may waive the requirement established in paragraph (1) for a State if the Secretary determines that compliance by the State with the requirement would result in an inefficient allocation of resources with respect to carrying out the purpose described in section 2901(a). ``(d) Relationship to Items and Services Under Other Programs.--The Secretary may not make a grant under section 2901 unless the State involved agrees that the grant will not be expended to make payment for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service-- ``(1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or ``(2) by an entity that provides health services on a prepaid basis. ``(e) Coordination With Other Colorectal Cancer Programs.--The Secretary may not make a grant under section 2901 unless the State involved agrees that the services and activities funded through the grant will be coordinated with other Federal, State, and local colorectal cancer programs. ``(f) Limitation on Administrative Expenses.--The Secretary may not make a grant under section 2901 unless the State involved agrees that not more than 10 percent of the grant will be expended for administrative expenses with respect to the grant. ``(g) Restrictions on Use of Grant.--The Secretary may not make a grant under section 2901 unless the State involved agrees that the grant will not be expended to provide inpatient hospital services (as that term is defined by the Secretary for purposes of this subsection). ``(h) Records and Audits.--The Secretary may not make a grant under section 2901 unless the State involved agrees that-- ``(1) the State will establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of, and accounting for, amounts received by the State under such section; and ``(2) upon request, the State will provide records maintained pursuant to paragraph (1) to the Secretary or the Comptroller General of the United States for purposes of auditing the expenditures by the State of the grant. ``(i) Reports to Secretary.--The Secretary may not make a grant under section 2901 unless the State involved agrees to submit to the Secretary such reports as the Secretary may require with respect to the grant. ``SEC. 2905. DESCRIPTION OF INTENDED USES OF GRANT. ``The Secretary may not make a grant under section 2901 unless-- ``(1) the State involved submits to the Secretary a description of the purposes for which the State intends to expend the grant; ``(2) the description identifies the populations, areas, and localities in the State with a need for the services or activities described in section 2901(a); ``(3) the description provides information relating to the services and activities to be provided, including a description of the manner in which the services and activities will be coordinated with any similar services or activities of public or nonprofit entities; and ``(4) the description provides assurances that the grant funds be used in the most cost-effective manner. ``SEC. 2906. REQUIREMENT OF SUBMISSION OF APPLICATION. ``The Secretary may not make a grant under section 2901 unless an application for the grant is submitted to the Secretary, the application contains the description of intended uses required in section 2905, and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this title. ``SEC. 2907. TECHNICAL ASSISTANCE AND PROVISION OF SUPPLIES AND SERVICES IN LIEU OF GRANT FUNDS. ``(a) Technical Assistance.--The Secretary may provide training and technical assistance with respect to the planning, development, and operation of any program or service carried out pursuant to section 2901. The Secretary may provide such technical assistance directly or through grants to, or contracts with, public and private entities. ``(b) Provision of Supplies and Services in Lieu of Grant Funds.-- ``(1) In general.--Upon the request of a State receiving a grant under section 2901, the Secretary may, subject to paragraph (2), provide supplies, equipment, and services for the purpose of aiding the State in carrying out such section and, for such purpose, may detail to the State any officer or employee of the Department of Health and Human Services. ``(2) Corresponding reduction in payments.--With respect to a request described in paragraph (1), the Secretary shall reduce the amount of payments under the grant under section 2901 to the State involved by an amount equal to the costs of detailing personnel (including pay, allowances, and travel expenses) and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld. ``SEC. 2908. EVALUATIONS AND REPORTS. ``(a) Evaluations.--The Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out pursuant to section 2901. ``(b) Report to Congress.--The Secretary shall, not later than 1 year after the date on which amounts are first appropriated to carry out section 2909(a), and annually thereafter, submit to the appropriate congressional committees a report summarizing evaluations carried out pursuant to subsection (a) during the preceding fiscal year and making such recommendations for administrative and legislative initiatives with respect to this title as the Secretary determines to be appropriate. ``SEC. 2909. FUNDING. ``(a) Authorization of Appropriations.--For the purpose of carrying out this title, there is authorized to be appropriated $25,000,000 for each of the fiscal years 2005 through 2008. ``(b) Set-Aside for Technical Assistance and Provision of Supplies and Services.--Of the amounts appropriated under subsection (a) for a fiscal year, the Secretary shall reserve not more than 10 percent for carrying out section 2907.''.

Colorectal Cancer Mortality Prevention Act of 2004 - Amends the Public Health Service Act to provide matching grants to States to carry out programs to: (1) screen for colorectal cancer as a preventive health measure; (2) provide referrals for medical treatment to individuals screened and ensure appropriate follow-up services; (3) develop and disseminate information and education programs for the detection and control of colorectal cancer; (4) improve the education, training, and skills of health professions in the detection and control of colorectal cancer; (5) establish mechanisms to monitor the quality of screening procedures for colorectal cancer; and (6) evaluate such activities through surveillance or program-monitoring. Requires States to meet specified matching fund requirements and other criteria to receive a grant, including ensuring that 60 percent of grant money is spent on screening and medical treatment, assuring the quality of screening procedures, giving priority to low-income individuals, and limiting the fees charged. Allows the Secretary to provide training, technical assistance, supplies, equipment, and services to aid the State in carrying out such a program. Requires the Secretary to: (1) issue guidelines for assuring the quality of any colorectal screening procedures carried out under this Act; and (2) evaluate the programs annually.

To amend the Public Health Service Act to establish a program of grants for the detection and control of colorectal cancer.

SECTION 1. FIREFIGHTER ASSISTANCE. The first section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended to read as follows: ``SEC. 33. FIREFIGHTER ASSISTANCE. ``(a) Definition of Firefighting Personnel.--In this section, the term `firefighting personnel' means individuals, including volunteers, who are firefighters, officers of fire departments, or emergency medical service personnel of fire departments. ``(b) Assistance Program.-- ``(1) Authority.--In accordance with this section, the Administrator may-- ``(A) make grants on a competitive basis directly to fire departments of a State, in consultation with the chief executive of the State, for the purpose of protecting the health and safety of the public, firefighting personnel, and property against fire and fire-related hazards; and ``(B) provide assistance for fire prevention programs in accordance with paragraph (4). ``(2) Office for administration of assistance.-- ``(A) Establishment.--Before providing assistance under paragraph (1), the Administrator shall establish an office in the Administration to administer the assistance under this section. ``(B) Included duties.--The duties of the office shall include the following: ``(i) Recipient selection criteria.--To establish specific criteria for the selection of recipients of the assistance under this section, including a requirement for peer review of the selection process. ``(ii) Grant-writing assistance.--To provide grant-writing assistance to applicants. ``(3) Use of fire department grant funds.--The Administrator may make a grant under paragraph (1)(A) only if the applicant for the grant agrees to use the grant funds for one or more of the following purposes: ``(A) To hire additional firefighting personnel. ``(B) To train firefighting personnel in firefighting, emergency response (including response to a terrorism incident or use of a weapon of mass destruction), arson prevention and detection, or the handling of hazardous materials, or to train firefighting personnel to provide any of the training described in this subparagraph. ``(C) To fund the creation of rapid intervention teams to protect firefighting personnel at the scenes of fires and other emergencies. ``(D) To certify fire inspectors. ``(E) To establish wellness and fitness programs for firefighting personnel to ensure that the firefighting personnel can carry out their duties. ``(F) To fund emergency medical services provided by fire departments. ``(G) To acquire additional firefighting vehicles, including fire trucks. ``(H) To acquire additional firefighting equipment, including equipment for communications, monitoring, and response to a terrorism incident or use of a weapon of mass destruction. ``(I) To acquire personal protective equipment required for firefighting personnel by the Occupational Safety and Health Administration, and other personal protective equipment for firefighting personnel, including protective equipment to respond to a terrorism incident or the use of a weapon of mass destruction. ``(J) To modify fire stations, fire training facilities, and other facilities to protect the health and safety of firefighting personnel. ``(K) To enforce fire codes. ``(L) To fund fire prevention programs. ``(M) To educate the public about arson prevention and detection. ``(N) To provide incentives for the recruitment and retention of volunteer firefighting personnel for volunteer firefighting departments and other firefighting departments that utilize volunteers, including funding to enable training described in subparagraph (B). ``(4) Fire prevention programs.-- ``(A) In general.--For each fiscal year, the Administrator shall use not less than 5 percent of the funds made available under subsection (e)-- ``(i) to make grants to fire departments for the purpose described in paragraph (3)(L); and ``(ii) to make grants to, or enter into contracts or cooperative agreements with, national, State, local, or community organizations that are recognized for their experience and expertise with respect to fire prevention or fire safety programs and activities, for the purpose of carrying out fire prevention programs. ``(B) Priority.--In selecting organizations described in subparagraph (A)(ii) to receive assistance under this paragraph, the Administrator shall give priority to organizations that focus on prevention of injuries to children from fire. ``(5) Application.--The Administrator may provide assistance to a fire department or organization under this subsection only if the fire department or organization seeking the assistance submits to the Administrator an application that meets the following requirements: ``(A) Form.--The application shall be in such form as the Administrator may require. ``(B) Information.--The application shall include the following information: ``(i) Financial need.--Information that demonstrates the financial need of the applicant for the assistance for which applied. In allocating funds under this section, the Administrator shall not discriminate against an applicant whose funding jurisdiction places a high budget priority on fire department needs. ``(ii) Cost-benefit analysis.--An analysis of the costs and benefits, with respect to public safety, of the use of the assistance. ``(iii) Reporting systems data.--An agreement to provide information to the national fire incident reporting system for the period covered by the assistance. ``(iv) Other information.--Any other information that the Administrator may require. ``(6) Non-federal contribution.-- ``(A) In general.--Subject to subparagraph (B), the Administrator may provide assistance under this subsection only if the applicant for the assistance agrees to provide 30 percent of the cost of the purposes for which the assistance is sought under this subsection in non-Federal funds for any fiscal year. ``(B) Requirement for small community organizations.--In the case of an applicant whose personnel serve jurisdictions of 50,000 or fewer residents, the required non-Federal contribution under subparagraph (A) shall be 10 percent. ``(7) Maintenance of expenditures.--The Administrator may provide assistance under this subsection only if the applicant for the assistance agrees to maintain in the fiscal year for which the assistance will be received the applicant's aggregate expenditures for the uses described in paragraph (3) or (4) at or above the average level of such expenditures in the two fiscal years preceding the fiscal year for which the assistance will be received. ``(8) Report to the administrator.--The Administrator may provide assistance under this subsection only if the applicant for the assistance agrees to submit to the Administrator a report, including a description of how the assistance was used, with respect to each fiscal year for which the assistance was received. ``(9) Variety of fire department grant recipients.--The Administrator shall ensure that grants under paragraph (1)(A) for a fiscal year are made to a variety of fire departments, including, to the extent that there are eligible applicants-- ``(A) career, volunteer, and combination fire departments; ``(B) fire departments located in communities of varying sizes; and ``(C) fire departments located in urban, suburban, and rural communities. ``(10) Grant limitations.-- ``(A) Recipient limitation.--A grant recipient under this section may not receive more than $750,000 under this section for any fiscal year. ``(B) Limitation on expenditures for firefighting vehicles.--Not more than 25 percent of the funds appropriated to provide grants under this section for a fiscal year may be used to assist grant recipients to purchase vehicles, as authorized by paragraph (3)(G). ``(11) Reservation of grant funds for volunteer departments.--In making grants to firefighting departments, the Administrator shall ensure that those firefighting departments that have either all-volunteer forces of firefighting personnel or combined forces of volunteer and career firefighting personnel collectively receive at least a proportion of the total grant funding that equals the proportion of the United States population that those firefighting departments protect. ``(c) Audits.--A recipient of a grant under this section shall be subject to audits to ensure that the grant proceeds are expended for the intended purposes and that the grant recipient complies with the requirements of paragraphs (6) and (7) of subsection (b). ``(d) State Defined.--In this section, the term `State' includes the District of Columbia and the Commonwealth of Puerto Rico. ``(e) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Administrator $900,000,000 for each of the fiscal years 2002 through 2004 for the purposes of this section. ``(2) Administrative expenses.--Of the funds appropriated pursuant to paragraph (1) for a fiscal year, the Administrator may use not more than five percent of the funds to cover salaries and expenses and other administrative costs incurred by the Administrator to operate the office established under subsection (b)(2) and make grants and provide assistance under this section.''. SEC. 2. TECHNICAL AMENDMENTS. The second section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2230) and section 34 of that Act (15 U.S.C. 2231) are redesignated as sections 34 and 35, respectively.

Amends the Federal Fire Prevention and Control Act of 1974 with respect to competitive grants to fire departments by the Federal Emergency Management Agency's (FEMA's) U.S. Fire Administration. Adds protection of property to the list of grant purposes.Requires the grant administration office to require peer review of the grant recipient selection process.Adds funding for training as a volunteer recruitment and retention incentive among the proper uses of grant funds.

To amend the Federal Fire Prevention and Control Act of 1974 with respect to firefighter assistance.